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HomeMy WebLinkAbout2001 12-04 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — DECEMBER 4, 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 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 20, 2001. MAYOR'S PRESENTATION Presentation by Sweetwater Authority concerning request to increase production of National City wells. INTERVIEWS/APPOINTMENTS Bayshore Bikeway Advisory Committee — Appointment - Nick Inzunza COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 1214/01 PAGE 2 PUBLIC HEARINGS 1. Public Hearing regarding the Police Department's proposed appropriation and expenditure of 2000/2001 Supplemental Law Enforcement Funds. (Police) **Refer to Item #21 2. Public Hearing — Subdivision and Conditional Use Permit for six condominiums at 228 Palm Avenue (Applicant: Venture One Mortgage Corporation/Carolino Investment Corporation) (Case File No. S-2001- 1/CUP/2000-7) (Planning) 3. Public Hearing — Amendment to the combined General Plan/Zoning Map from CL-PD to CG-PD for the Galleria Shopping Center at 2720 Plaza Boulevard and adjacent parking area. (Applicant: Pacific Commercial Management) (Case File Nos.: GP-2001-22C-2001-1) (Planning) 4. Public Hearing — Vacation and closure of the alley north of 9th Street, west of Hoover Avenue and east of Coolidge Avenue. (Applicant: City initiated) (Case File No. SC-2001-2) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Council member, a staff member, or a member of the public. 5. Resolution No. 2001-179 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the San Miguel Court Sewer Project. (Engineering Spec. No. 00-17) (Engineering) COUNCIL AGENDA 12/4/01 PAGE 3 CONSENT CALENDAR (cont.) 6. Resolution No. 2001-180 Resolution of the City Council of the City of National City authorizing the City Engineer to install red no parking zones at the southwest corner of Civic Center Drive and Harding Avenue and at the southeast corner of Plaza Boulevard and Roosevelt Avenue. (San Diego Transit, TSC Item No. 2001-41) (Engineering) 7. Resolution No. 2001-181 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish a disabled person's parking zone at 2004 Lanoitan Avenue. (L. Beltran, TSC Item No. 2001-39) (Engineering) 8. Resolution No. 2001-182 A Resolution of the City Council of the City of National City approving Change Order Number 4 to the National City Street Resurfacing Project for additional work associated with the paving of Civic Center Drive between Wilson Avenue and Harbor Drive. (Engineering Spec. No. 00-08) (Public Works/Engineering) 9. Resolution No. 2001-183 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with ATC Associates, Inc., for the installation of four groundwater monitoring wells along 4th Street east and west of Palm Avenue including south of 4th Street and "R" Avenue. (Engineering) COUNCIL AGENDA 12/4/01 PAGE 4 CONSENT CALENDAR (cont.) 10. Resolution No. 2001-184 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Carrier -Johnson Architects to perform design and consulting architectural services. (Pubic Works/Engineering/Library) 11. Resolution No. 2001-185 A Resolution of the City Council of the City of National City approving a ten year extension of the service authority for the abatement of abandoned vehicles. (Police) 12. Resolution No. 2001-186 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Data Ticket, Inc. for the processing of bails, fines and forfeitures thereof in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. (Finance) 13. Resolution No. 2001-187 A Resolution of the City Council of the City of National City adopting a specific plan for properties on the south side of Paradise Valley Road east of the terminus of East 8th Street. Applicant: Simon & Richard Construction Co. Inc. (Case File Nos. SP-2000-1, IS-2000-10) (Planning) COUNCIL AGENDA 12/4/01 PAGE 5 CONSENT CALENDAR (cont.) 14. Resolution No. 2001-188 A Resolution of the City Council of the City of National City approving a tentative subdivision map to create 38 single-family parcels on the south side of Paradise Valley Road east of the terminus of East 8th Street. Applicant: Simon & Richard Construction Co. Inc. (Case File Nos. S- 2000-3, IS-2000-10) (Planning) 15. Resolution No. 2001-189 A Resolution of the City Council of the City of National City amending Appendix A of the Sign Ordinance (Municipal Code Section 18.62.030) regarding allowable sign heights for freeway -oriented signs in general commercial zones. Applicant: John Healy, Westfield Corporation. (Case File No. A-2001-4) (Planning) 16. Resolution No. 2001-190 A Resolution of the City Council of the City of National City consenting to increased production of National City wells. (City Attorney) 17. Resolution No. 2001-191 A Resolution of the City Council of the City of National City repealing the authorization for the filing of rebuttal arguments pertaining to City measures in municipal elections. (City Clerk) 18. WARRANT REGISTER NO. 21 (Finance) Ratification of Demands in the amount of $1,744,650.80. COUNCIL AGENDA 12/4/01 PAGE 6 CONSENT CALENDAR (cont.) 19. WARRANT REGISTER NO.22 (Finance) Ratification of Demands in the amount of $783,479.19. 20. Street Tree Committee Minutes. (Parks & Recreation) NON CONSENT RESOLUTION 21. Resolution No. 2001-192 Resolution of the City Council of the City of National City authorizing the appropriation of FY 2000/2001 Supplemental Law Enforcement Services Funds for various technology and equipment purchases. (Police) **Refer to Item #1 ORDINANCE FOR ADOPTION 22. An Ordinance of the City Council of the City of National City amending National City Municipal Code Chapters 9.32 (Advertising Displays Bordering Freeways), 18.04 (Definitions), 18.16 (Commercial Zones), 18.62 (Signs and Outdoor Advertising Displays), and 18.92 (Outdoor Display or Sale of Merchandise). (Planning) OLD BUSINESS 23. Request by the National School District to reduce the cost of the approved use of the Community Center. (Public Works) COUNCIL AGENDA 12/4/01 PAGE 7 NEW BUSINESS 24. Public Employee Discipline/Dismissal/Release. (City Attorney) 25. Request for the installation of a crosswalk at Division Street and "R" Avenue. (Engineering) 26. Request to use the Community Center by the Maharlika Seniors Fellowship of San Diego, Inc. and waiver of fees. (Public Works) 27. Temporary Use Permit — Sweetwater Town & County Merchants - Lunch with Santa/Toy Giveaway. (Building & Safety) 28. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale (Building & Safety) 29. Notice of Decision — Conditional Use Permit for a church at 1341 E. 8th Street, Suite B. Applicant: Revival Lighthouse Church. (Case File No. CUP-2001-17) (Planning) —> CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF COUNCIL AGENDA 12/4/01 PAGE 8 NEW BUSINESS (cont.) —> MAYOR -* CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSIONS Public Employee Discipline/Dismissal/Release Government Code Section 54957 Conference with Legal Counsel -Existing Litigation -Government Code Section 54956.9 (a) City of National City v. Terry Hanks, Superior Court Case No. GIS7432. Conference with Legal Counsel — Pending Litigation Initiation of Litigation pursuant to Government Code Section 54956.9(c) (One potential case: Abandonment of MTDB/SD & AE rail line south from "F" Street in Chula Vista) COUNCIL AGENDA 12/4/01 PAGE 9 NEW BUSINESS (cont.) ADJOURNMENT Transit Occupancy Tax Workshop — December 17, 2001 at 4:00 p.m. — Large Conference Room, Civic Center. Next Regular City Council Meeting — December 18, 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 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor, DATE: NOVEMBER 26, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: BAYSHORE BIKEWAY ADVISORY COMMITTEE I am recommending Councilman Nick Inzunza to be our representative on the SANDAG Bayshore Bikeway Advisory Committee replacing Ralph Inzunza. This item will be on the Council Agenda for the meeting of Tuesday, December 4, 2001. GEORGE . WATERS MAYOR GHW:nu ® Recycled Paper *Refer to Item #21 .4EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. 1 (ITEM TITLE PREPARED BY EXPLANATION PUBLIC HEARING REGARDING THE POLICE DEPARTMENTS PROPOSED APPROPRIATION AND EXPENDITURE OF 2000/2001 SUPPLEMENTAL LAW ENFORCEMENT FUNDS. Lt. Keith Fifield DEPARTMENT Police C613°- Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City received $120,200 as its share for fiscal year 2000/2001. These funds must be spent by June 30, 2002, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental Review XX N/A Financial Statement There is no local match required for these funds. There will be no impact to the FY 2001/2002 1) 7-4 Account No. Police Department budget or the General Fund. STAFF RECOMMENDATION Hold Public Hearing BOARD / COMMISSION RECOMMENDATION N/A 208-411-000-515 208-411-000-502 208-411-000-599 208-411-000-399 208-411-000-287 ATTACHMENTS ( Listed Below 1 Proposed Resolution Resolution No. A 200 .9•t::"? COUNCIL AGENDA STATMENT RESOLUTION AUTHORIZING APPROPRIATION OF FY 2000/2001 SLESF FUNDS PAGE 2 Proposal The National City Police Department and Chief DiCerchio are therefore submitting a request that the City Council appropriate FY 2000/2001 Supplemental Law Enforcement Services Fund monies for the purchase of the following: (1) Racal 24 Channel Worldnet Series II Voice Logging Recorder S45,000 (Sole Source) The Police Department's current dispatch tape recording device is unreliable, obsolete and replacement tapes are no longer produced A new digital recorder is badly needed and will enable the police department to easily record, store and recover communication transmissions and provide a reliable system with redundant recording systems that drastically reduce the possibility of lost information. The Police Department would like to Sole Source this item through Racal because it is the only local company that provides this product along with reliable service and that is financially stable right now. (3) Dell Desktop Computers 55,000 3 desktop computers are needed to augment or replace obsolete computers. One will be assigned to Records, one will be assigned to the Neighborhood Policing Team and will be assigned to Dispatch Administration. (7) Panasonic Toughbook Laptop Computers $28,000 These laptops will assist in the planned replacement of older underpowered CF-25 laptops assigned to patrol. Price includes monies for upgrades and service warranties. (1) Walk-in Cooler/Freezer Combo $30,000 The Property and Evidence Unit is now required to store DNA evidence. A large walk-in unit is needed to properly store the increased volume of DNA evidence at required temperatures. This is a must have piece of equipment. This price is an estimate that includes the price of the unit and site preparation. Child I.D. Fingerprint Kits $2,600 The police department would like to initiate a Child I.D. program COUCIL AGENDA STATMENT RESOLUTION AUTHORIZING APPROPRIATION OF SLESF FUNDS PAGE 3 using a self contained kit that includes a photo, fingerprint, DNA sample and description of the child. A parent or teacher easily completes the kit and will assist law enforcement with locating and identifying a lost or missing. child. The price is for 5,000 of these kits to start the program. Intoxilyzer 300 Accessories $400 The Police Department currently posses two hand held breath devices for DUI enforcement ( Also known as Preliminary Alcohol Screening or P.A.S. devices). A Reusable Regulator and a Gas Cylinder need to be purchased so that the P.A.S. devices can be properly calibrated on a routine basis. If they are not properly calibrated the P.A.S. readings and results can be challenged in court in favor of DUI violators and cases will be lost or dropped by the District Attorney's Office. Contingency Funds $9,200 The Police Department would hie to set aside $9,200 in contingency funds in case the final cost of the above items is higher than estimated, especially considering that the walk-in cooler purchase and site preparation could have unexpected costs. If any of this money is not used it will be appropriated for additional police services per the SLESF requirements. Total $120,200 The proposed Resolution would authorize appropriation of $120,200 in FY 2000/2001 SLESF funds for the above requested technology and equipment purchases for the Police Department. City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 b,tEETING DATE _ AGENDA AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — SUBDIVISION AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE (APPLICANT: VENTURE ONE MORTGAGE CORPORATION/CAROLINO INVESTMENT CORPORATION) (CASE FILE NO. S-2001-1/CUP-2000-7) PREPARED BY Charley Marchesann' DEPARTMENT Planning EXPLANATION 2 The Planning Commission held a public hearing for this item on November 19, 2001. The attached background report describes the project in detail. r Environmental Review X N/A Financial Statement N/A Categorical Exemption Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission's recommendation. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the Subdivision and Conditional Use Permit. Vote: Ayes — Reynolds, Baca, Para, Flores, Valderrama Absent — Ungab, Detzer jr is anliripateri that the Resohtlltyt will be adopted on December 3 ATTACHMENTS ( Listed Below ) f. Background Report 2. Draft Planning Commission Resolution No. 3. Location Map 4. Department comments A S. Notice of exe418f?Iutlon No. 39-2001 with Findings/Conditions for approval 6. Application 7. Applicant's plans BACKGROUND REPORT The project site is located on the west side of Palm Avenue, just north of 4th Street, in the Commercial Limited Zone. The relatively flat, 18,000 square foot property is currently occupied by one single-family home. Adjacent uses are mostly residential, with apartments, duplexes, and single-family homes located to the north, south and west of the site. The National Guard Armory is located across Palm Avenue to the east. Currently, roofing equipment and materials are being illegally stored at the project site. The applicant proposes to remove the existing home and construct six condominium units facing north. Five will be two-story attached dwellings, while the sixth is proposed over a six vehicle garage structure. New units will be 1,300 to 1,400 square feet in size with three bedrooms, two to two -and -a -half bathrooms, and private yard and balcony areas. The buildings will have cream and tan color stucco exteriors with reddish clay tile roofing. The applicant anticipates pricing between $135,000 and $150,000 for the new units. The applicant's attached plans show the appearance and layout of the project. The development is considered a mixed use project by City Code since a residential use is proposed in a commercial zone. The General Plan contains policies promoting mixed use developments. The proposed density is also below the General Plan maximum of one -unit per 1,900 square feet of lot area. The site could be developed with up to nine units; however, the applicant has only proposed six. Further, the dwellings are compatible with adjacent properties developed with multiple units, some of which have two -stories. The proposal also complies with General Plan policies that promote home ownership, although the new units could be rented. The project meets City Code requirements, including 14 on -site parking spaces (including the previously mentioned garage spaces), setback areas, private yards and individual storage space. The plans also show 4,200 square foot of common area in front of the two-story units. The entire site will be fenced and gated; landscaping is provided in all unpaved areas. A trash enclosure is also provided in the parking area. No variances are required for the project. Several Design Guideline recommendations have been incorporated into the project, including full roof treatments, insets, and variation in wall and roof planes. The proposed design is compatible with adjacent structures. The Planning Commission voted unanimously to recommend approval for the project at their November 19th meeting. At the hearing no testimony was heard other than from the applicant's architect. The Commission expressed concern that illegal outdoor storage was occurring at the project site. Staff indicated that the owner has been made aware of the violation. Recommended conditions of approval include a requirement for the creation of a home owners association to manage and maintain the property along with the establishment of CC&Its. RESOLUTION NO. 39-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR SIX CONDOMINIUMS AT 228 PALM AVENUE APPLICANT: VENTURE ONE MORTGAGE CORPORATION/ CAROLINO INVESTMENT CORPORATION CASE FILE NO. S-2001-1/CUP-2000-7 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit for six condominiums at 228 Palm Avenue on property generally described as: Lot 52, Block 4, Paradena Park, Map #1404, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on February 16, 1912. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on November 19, 2001 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. S-2001-1 and CUP-2000-7 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since it provides for the development of a residential condominium project in a commercial zone which allows such uses. 2. The site is physically suitable for the proposed type of development, since it is relatively flat and large enough to accommodate the proposed units and associated parking and landscaping. 3. The site is physically suitable for the proposed density of development, since other nearby properties are developed at similar densities. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is disturbed and surrounded by urban uses. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 18,000 square foot property is large enough to accommodate the proposed six unit and the necessary parking area and open space needed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property is located on Palm Avenue, a collector street, designed to direct local traffic to nearby arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project complies with setback standards and is of a residential density which is compatible with other uses in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for home ownership as recommended by the General Plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map and conditional use permit for six condominiums at 228 Palm Avenue is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Conditional Use Permit authorizes the development of six condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. S-2001- 1/CUP-2000-7, dated 10/4/2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A grading plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains shall be undertaken in accordance with the NPDES regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 4. All surface run-off, including landscaping adjoining the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 5. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surfaced and the top of the lines. 7. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 8. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. At a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. The abandoned driveway shall be replaced by curb, sidewalk, and gutter. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the grading construction on private property. 12. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and landscaping work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 13. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 14. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 16. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 17. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 18. The final map shall be recorded prior to issuance of any building permit. 19. All new property line survey monuments shall be set on private property, unless otherwise approved. 20. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 21. Smoke detectors shall be installed in all sleeping areas and hallways leading to them. 22. A fire sprinkler system shall be installed to comply with Fire Department requirements unless otherwise approved by the Fire Department. 23. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 24. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 25. Exterior walls of buildings and trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 26. 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. 27. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common areas including parking areas, walks, and landscape areas, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 28. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 29. A pedestrian access gate shall be provided at the property entrance. 30. Before this tentative map and 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 tentative map and Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the tentative map and 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. 31. Approval of the tentative map and expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension for the tentative map not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. Approval of the Conditional Use Permit shall be considered expired or extended concurrent with the tentative map. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 3, 2001, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN 1 ,,I 1' RS-3iPD - RS-3-PD 00.0 000 arlo 410 OW PROJECT LOCATION • • OS • q.k.‘ ; • j , % \ o \ \ 0'\ IC o CL cr RS-2 ZONE BOUNDARY eV - CP • AN LOCATION MAP 228 PALM AVENUE S-2001-1/CUP-2000-7 NATIONAL CITY PLANNING DRN DATE: 11/012001 INITIAL HEARING: 1111912001 NATION �'! City o National City Pl ANNlN Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 February 23, 2001 TO: Planning Department FROM: Kathleen Trees Building & Safety De*artment SUBJECT: CUP-2000-7/S-2001-01 /IS-2001-03 228 Palm Ave. Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. ® Recycled Paper • • NATIONAL CITY PLANNING DEPARTMENT 28VI NATIONAL CITY FIRE DEPARTMENT 333 EAST 16th STREET NATIONAL CITY, CALIFORNIA 91950 (619) 336-4550 Date: 3-23-00 To: Larry Paris From: Jeff Burriss, Deputy Fire Marshal Subject: 228 Palm Ave. — Proposed Page 1. 18 foot driveway needs to be widened and maintained at 20 feet for fire department apparatus access. Page 3. Smoke detectors must be installed in all sleeping areas and hallways leading to them. Also, due to the access to the rear of the building, over 150feet, a fire sprinkler system will be required. City of National City Office of the City Engineer 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 March 30, 2000 PLANNItUNNG DEPART CITY APR 0 5 zggg ENGINEERING REQUIREMENTS FOR THE REVIEW OF 8 NEW CONDOS AT 228 PALM AVENUE To: Roger G. Post, Director of Planning Department From: Adam J. Landa, Engineering Department Via: Stephen M. Kirkpatrick; PKrincipal Civil Engineer Subject: •8 NEW CONDOS AT 228 PALM AVENUE 1. A grading plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department (Appendix Chapter 33 C.B.C. and Ordinance 99- 2164). 2. All surface run-off, including landscaping irrigation within the public right-of-way, shall be collected by approved drainage facilities, and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development (Ordinance 99-2164) . 3. The property owner, or its successors and assigns, shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk, or the streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer (Ordinance 99-2164). ® Recycled Paper Planning Department March 30, 2000 Page 2 4. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines (Ordinance 99-2164). 5. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project (Ordinance 94-2088). 6. A soils engineering report shall be submitted for the Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications (Ordinance 99-2164). All soils report findings and recommendations shall be part of the Engineering Department requirements. 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral (Ordinance 1489; 92-2033; 93-2052). 8. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. The abandoned driveway shall be replaced by new sidewalk, curb, and gutter. (Ordinance 1473, 1491, 1734,1927, 1954, 92-2033). 9. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property (Ordinance 1473, 1491, 1734, 1927, 1954, 92-2033). • Planning Department March 30, 2000 Page 3 10. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment (Ordinance 99-2164, 1473, 1491, 1734, 1927, 1954, 92-2033). 11. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property (Ordinance 99-2164). TENTATIVE MAP REQUIREMENTS 1. The final map/parcel map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation (Ordinance 99-2164, 1473, 1491, 1734, 1927, 1954, 92-2033, 94-2088). 2. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground (Ordinance 92-2033). 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. Planning Department March 30, 2000 Page 4 7. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AJL:jha2 22Z City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: S-2001-1/CUP-2000-7 Project Location: 228 Palm Avenue Contact Person: Charley Marchesano Telephone Number: (619) 336-4311 Description of Nature, Purpose and Beneficiaries of Project: Construction of a 6-unit condominium project on an 18,000 square foot parcel previously developed with one single-family home. Applicant: Carolino Investment Corporation Telephone Number: (619) 474-4200 Exempt Status: El Statutory Exemption. Categorical Exemption, 15332 (In -fill Development Project) Not a project as defined in Section 15378 of CEQA 111 Not subject to CEQA Reasons why project is exempt: The project is an in -fill development proposed on a disturbed 0.4 acre site surrounded by urban uses. The proposal is consistent with all City regulations and policies and has no value as habitat for endangered species. The site is served by existing utilities and the project will have no foreseeable negative impacts. Date: Chancy Marchesano Assistant Planner ® Rcc)cled Paper NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map 'Tentative Subdivision Card o Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 3"2010I — I Filing Fee $1,5c3 °' Receipt No.(7rG 0 Pi ) Date Received 2I l Iv ( By 9•IN. / E.A.F. Required yeS Fee $ o? (&i J Related Cases CA/9— 2000— ZS SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 56T— 0 3 0- 2 z 00 PROPERTY LOCATION 42g PALM *th d �4 E toATIQ t- GTY, c4.. 9/ gS7J COMBINED GENERAL PLAN/ZONING DESIGNATION c c Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE6,vim ) Name: A Signature ti. Name: Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Ta fox 1 -7 Address: Levu-., e_ Ca ` ctlf(. Phone No. (.l `t Itto0 -So o Fax No. L19 4t. o - St3o Date: 0 l -1 q- a• t Phone No. Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name:l,1 Tv4Z C'_ . Name: Signature 1k L ej l C. • ' < ti az) -Pas, Signature (Signature ackn. ledges that this (Signature acknowledges that this applicatio • is being filed) application is being filed) Address: / /fiGfft A— 2 A-tfe Address: Ci7y, C4 9/ Phone No. &6 - S- % - c 22PO Fax No. 66 - (li %) - % / ('1 Date: Oi- Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 Phone No. Fax No. Date: APPLICANT Name: V Tt4t 2G M 012i GAc (Please type or print) 7 Signature: Ari-0c C, c-4125L.j0-0 —P23(0 i7 (Signature certi es that the information submitted with this application is true accurate to the best of the applicant's knowledge). Address: ��' I60 14617`1i2 Alis7\JUE 41- 13 NA-711AL GT i c . 9/90 Phone No. 6/9 - 4 -D Fax No. 6// 9'7 ' /4 Date: Of - 1 y-" Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 NATIONAL CITY, CALIFORNIA AP LICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY (ace Number (-_,(AP --LQno - Filing Fee $ i 1Z50 Receipt No. Date Received S ' ! By — - CA/A.) E.A.F. Required Fee $ Related Cases LEGAL DESCRIPTION OF PR PERTY: (Attach if insufficient space) ,' &J s,s�f-o3o-22-16© t-oT 52 r,J Si- 6C,K OF f 4oeJA RK,;1.1 The c.cry OF IJAT16wia-l. Cj7y) co -wiry BF- 01E60, s7'4Z6 C4LI Ni,1, Ace- -P ni G 7t 77 j mAP Titlib . f' 6 � Firms Fhc5 &F -rife c614ATC/ tee- og erE SAAI O i c-6o anUJ T y) Fee. 16, I g12 . PROPERTY LOCATION �c>2-g PALM 4V E JUE N . C. C4 9/ A No. Street 4 between S and 9/ o/"s r ',6), S/ o f COMBINED GENERAL PLAN/ZONING DESIGNATION . CA -- Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 r REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: o �w..e- �t o� CS) C -.c:- c) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: C4K0LINO /g eS.TAI9NT c e Name: Signature LE7C . C4f6L-140-//Z3". Signature (Signature a owledges that this (Signature acknowledges that this applicion is being filed) application is being filed) Address: q 41Q-LSD AUeN1/tr Address: N477)}I- cgn1 CI9 1/910 Phone No. - t QXT. /DD Phone No. Fax No. 6(1- 4 -- 3-0 Fax No. Date: 3 - / 7 — 68 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 0 APPLICANT Name: C-/K0 L (Xr0 (Please type or print) Signature: M &J T cdr2--Per-A 7(67J A Lex C. Ko I-I,0 - (Signature certi s that the information submitted with this application is true an accurate to the best of the applicant's knowledge). Address: 141 1-4-709 /e-AI U E 5u rre. A Afivrio L. c/Ty c4 • 9/ 9.a) Phone No. Fax No. Date: 611 - - szf /of 6/9- „ - 9i qLJ 3-"/ 7- 66 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. 3 (-ITEM TITLE PUBLIC HEARING — AMENDMENT TO THE COMBINED GENERAL PLAN / ZONING MAP FROM CL-PD TO CG-PD FOR TIIE GALLERIA SHOPPING CENTER, AT 2720 PLAZA BOULEVARD AND ADJACENT PARKING AREA (APPLICANT: PACIFIC COMMERCIAL MANAGEMENT) (CASE FILE NOS.: GP-2001-2 / ZC-2001-1) PREPARED BY Rif DEPARTMENT Andrew Hos son Planning EXPLANATION The Planning Commission considered the requested amendment at a public hearing on November 5, 2001. The attached background report describes the item in detail. Environmental Review X N/A Exempt Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission's recommendation. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the amendment. Vote: Ayes — Valderrama, Parra, Flores, Ungab, Reynolds, Detzer, Baca ATTACHMENTS (Listecs Below 1. Background Report 2. Findings for Approval 3. Location Map Resolution No. _ _ 4. Use Group -Zone Matrix 5. Proposed Notice of Exemption 6. Application BACKGROUND REPORT The Galleria shopping center is located on the south side of Plaza Boulevard between Euclid and Harbison Avenues. The shopping center is zoned Limited Commercial -Planned Development (CL- PD), and is developed for commercial use. The center's two buildings, which total approximately 31,254 square feet, are accessible from Plaza Boulevard. The smaller building is occupied by a market, and the larger building is divided into 23 suites. Originally the center was constructed with 94 parking spaces, but 80 additional spaces were added to the center for a total of 174. The additional parking is provided on land leased from National School District, and is located behind the center. The Combined General Plan / Zone designation to the north of the property is Multi -family Residential - Planned Development (RM-2-PD), to the south it is Civic Institutional -Open Space (IC -OS) and the zone to the west is General -Commercial -Planned Development (CG-PD). The closest Single-family Residential (RS-2) neighborhood is immediately east of the site, along Plaza Boulevard; there are also single-family residences south of the site beyond Palmer Way Elementary School. The applicant proposes to change the zoning classification of the property from CL-PD to CG-PD to allow for a greater variety of commercial uses. They are not proposing any new construction at this time. The City considered identical requests for the property by previous owners in 1988 and again in 1991. In 1988 the Planning Commission recommended that the CG-PD zone designation be applied to the entire shopping center, including parking areas. The City Council then considered the item, and denied the requested amendment after considering opposition from adjacent residents. In 1991 the Commission again initiated the same amendment; however, the applicant did not follow through with the process. The General Plan and Land Use Code specify that the Limited Commercial (CL) zone is intended for convenience retail facilities at the neighborhood level. Uses allowed in the CL zone include barber shops, convenience markets, and video stores. The General Commercial (CG) zone is intended for high intensity commercial and complementary development along major roadways and in community shopping centers. Uses allowed in the CG zone include retail clothing sales, jewelry stores, tailor shops. A full list of the uses allowed in both the CL and CG zones is included as an attachment. The Galleria shopping center fits within the intent of the CG zone as mentioned above, since it is located on an arterial road and is developed as a shopping center. The CL zoning places the center at a competitive disadvantage, since only a limited variety of commercial uses are currently allowed. In terms of traffic, retail convenience uses, such as video rental stores and grocery stores, which are allowed in the CI, zone, typically generate the same number of trips, or in some cases a greater number, than uses allowed in CG zones, such as retail clothing sales. Thus the number of vehicle trips to and from this site are unlikely to increase. The center is a typical strip shopping center with mainly small, narrow suites. It also provides 174 parking spaces, which is in excess of the 156 spaces that are required by the Code for any new shopping center. The design of the center and total size of the site make it well suited to the small scale commercial uses that currently occupy it, this will not change despite the proposed zone change. Additionally, there are already a couple of uses operating in the center that are not allowed in the CL zone, but are allowed in the CG zone; however. we have received no complaints about either of the businesses. The Planning Commission held a public hearing on this item November 5, 2001. The Commissioners discussed security at the shopping center. The applicant indicated that they are very concerned with security, so they have a security guard at the site, and a security hotline number that the occupants of the center can call to report any disturbances or problems. A nearby resident, who also spoke at the hearing, indicated his concerns for the school children that play in the playground directly behind the center, and how this proposal might affect them. The Commission voted to recommend that City Council approve the proposed amendment. FINDINGS FOR APPROVAL 1. That the proposed amendment is in the public interest, since it will allow a greater variety of businesses in an area that is designed to function well as a commercial corridor. 2. That the proposed Zone Change is consistent with and necessary to implement the General Plan, since the General Plan encourages high intensity commercial and complementary development along major roadways and in community shopping centers. AREA OF PROPOSED CHANGE FROM CL-PD TO CG-PD ZONE BOUNDARIES A LOCATION MAP 2720 E Plaza Blvd - The Galleria GP-2001-2 NATIONAL CITY PLANNING DRN. DA•_.. 8/1/01 HEARING: 816/01 NATIONAL CITY LAND USE CODE, USE GROUP - ZONE MATRIX I RESIDENTIAL See Chapter 18.14 COMMERCIAL 6 C,� hagZwWer 18.16 - 1 I— I I! }I } ILLQ WW 21 _rnZ co I j—r I } }J J}I I LlIlI IL JI J Ed J l > > I 21 i1 I }JI JI J >I i I - Qn 11 0• m O i INSTITUTIONAL -CIVIC INSTITUTIONAL -PRIVATE I — IL: O� Q I ' —a}a I -`:See rr I b y a gem 1; rxi�t te, I. — 1 xua 4 ..°I y49 I • i LIGHT LIGHT MANUFACTURING /RESIDENTIAL .1.! MEDIUM • HEAVY TIDELANDS USE GROUPS Rehlrence Subswtlon U CO`�' 1- U d Q ~ "`' a x -� . I 1 Area Wide Permitted Uses 18.104.050 X I X • X X X I X_ I X_ X_ X X X v X? i� X , X_X X ' X X Wide Conditional Uses C' C I C--C I c C•• C — I C C — C I C C j C_ C C _X I,_C I C C C __21Area 3'Animal t18.104.060 Husbandry _ _ _ _ _ , 18.104.070 C -_ I - e -Jr- _ �y . _ ` _ - 1 41Automotive & Allied Services ' 118.104.080 - _ I - _ �_- - _ _ - X Q, C_ X 1 X X X _ X L _- 5Amusement & Entertainment 18_104.090 - I ( - I - ?-- I _ _ _ - t c C _ - — 'T-_ - Commercial Recreation - Indoor _ 18_.104.100 - - - - - 1 - r - C t C C_ _ _ �'_ _6 71Commercial _• Recreation -Outdoor 18 104.110 _C - - 7 - L-� - I C C t. c - _ • 8 Communit, Cultural & Public Rec. Services 18.104.120 118.104.130 �- __ I -I _ X rC X _' _ C C C _ — �- 1- _ 9IDwellig - Single Family _ _ X X : X X X X _ X _ _ - _C - X : --• z _ _ - X _ _ 10 Dwelling - Two Family — _ 18.104.140 - X I X— X X C C 1 - f ;i _ _ - 1 wellinq - Multiple Family 118.104.150 -- X X X -_ - - C 2 t - ' ! _ , - _-... 12IDwelling =Mobile Home_ 18.104.160 - - I I _ - - C-_ _I - __ } a' "f_ I _ - - 13 Eating Places - Other than Take -Out 18.104.170 = I - -- - - = r -._1_. - _ _- - I X '' X` X - �.-X _ - - I - C _ 14IEating-Places-Drive-Thru/Drive-In Take Out [18.104.180 _ _r _ I - - - -_ - I -L r _ _ ... - ,. x x I X_ X I .X - - " -c 15Food Processing 18.104.190 g - - T I _ - _• r c x I + 16�Gasoline ——-II'=I Service Stations __ _ _ 118.104,200 _18.104.210 1 - I _ _ _ ,_ - —.—�"•?� _ IL= C_ C c C__C =v_ J J_C I 177 Goods and Services - Convenience _ - - _ — _I = I _ . _ _ - q X i, s X X -C c 18 Goods and Services- Shoppin - _g -_- � 18.104.220 - L- �'.�-_ +. _ _ - I — - uti' I�-. X - - - 19�Goods and Services - Other 18.104.230 - - - — -_• _X q h C r X• X _X X-r 20Leav�E�c u�ment and Machinery 18.104.240 - � I I - _-_ _ I _ ` ., C_, X_ X - . C - 21 (Hotel, Motel and Related Services _ _ 18.104.250 - I X C 1 X - X _ 221Lht Manufacturing - 18.104.260 - L- 7 - 1 _ I - I - _- _ - - _X - - s I X _X� X - X ' C -I . _ _- —_ - —1 23•Medium Manufacturing 18.104.270 = - _ _ •, .;•, _ • - _ _ _ X C 24 Heaves Manufacturing_ 18.104.280 ^_ —, _ y - —' __ _ 25IjManufacturing - Tidelands 18.104.290 _ - - _' �_ _ _ _ x _ - - _ 26iMineral Resource Extraction & Processin_g 18.104.300 - =` _ - _ _ ,, _ ,, , ,, _ -. C - 27 Offices and Studios _ 18.104.310 - _ _ - - _ C C - I X X .. X — � X I .. �. —� - _ 28off-Street Parking 18.104.320 i _ _ I _ I _ _ e1W !' JT _ w X_ X - X X I X I _ - 29IPublic Protection Facilities 18.104.330 C I C T _ C C C C t1 C C C yi,X - y^ r X •X _ X X X X! X_ 30 PublicUtihties 18.104.340 - - - _I - C C 1- - C F C_ �i ' C I C X 1 X X X • 31jIResearch _ _ _ and Development 18.104.350 ' I y_ I _ — RA X_ X X - . +I_ - - - _ - _ X X -- X i X X . - + X 32 Scrap Metal Processing 18_104.360 - -1 - - - _ ' _ T a _ I I - I 331Signs and Outdoor Advertisi 118.104.370 X X X_ I X_ X_ X I X_ X_ I X - X 1 X: X X- X _ X X X x _i X_ I X X I X X ' 3-Truck Transportation Facilities 118.104.400 - - - _ _ T _ _ -1 wig l ' ; _ - X -1 ' - -_ - C - X 371 Waterfront , 18.104.410 _ ' _ _ - - - City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: GP-2001-I/ZC-2001-1 Project Location: On the south side of Plaza Boulevard between Euclid Avenue and Harbison Avenue north of Palmer Way Elementary Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature. Purpose and Beneficiaries of Project: The proposed project is a change to the Combined General Plan/Zoning Map; a Limited Commercial (CL) strip shopping center will be re -zoned General Commercial (CG). The change in zoning will allow more intense commercial uses to take place in the shopping center. Applicant: Pacific Commercial Management Telephone Number: (858) 450-6886 Exempt Status: • Statutory Exemption. (State type and Section No., if applicable) • Categorical Exemption. Class 1 Section 15301 (Existing Facilities) El Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no probability that the project will have a significant effect on the environment, since the project site is a fully developed strip shopping center in an urbanized area. The center as developed exceeds the parking standards required of new shopping centers in the CG zone. Additionally, no new construction is proposed, and traffic is not expected to increase as the convenience retail uses that are allowed in the center under the current zoning typically generate a similar number of trips as the uses that the proposed CG zone designation allows. Date: Andrew Hoskinson Assistant Planner Recccicu Paper • NATIONAL CITY, CALIFORNIA GENERAL PLAN AMENDMENT Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ 50 Receip>;,N� �a 3 Z Date Received �I By ll//::���� E.A.F. Required Fee S Related Cases ZC-^ Xl - I GP- ZaoN -2 SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS $1, 750.00 PLUS RELATED APPLICATIONS AND FEES.* UWe hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City General Plan land use designation and Change of Zone on the following real property: A portion of the Southwest quarter of Quarter Section 106 Rancho de La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166 by Merrill filed in the office of the County Recorder of San Diego County October 11, 1869. FROM Euclid Avenue TO Harbison Avenue (Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property). This change is being requested for the following reason(s) (attach additional sheets if necessary). To expand the limited uses in CL Group #18 to allow for several potential tenants that are currently unacceptable. General Plan Amendment Application Revised December, 1998 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: NC GALLERIA LLC Name: Signature ✓N`--'\ Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 4130 La Jolla Village #208 La Jolla, CA 92037 Phone No. 858/450-6886 Fax No. 858/450-6626 Date: 8/27/01 APPLICANT Name: (Please type or print) Signature: D rAddress: Phone No. Fax No. Date: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: General Plan Amendment Application Revised December, 1998 Page 2 of 2 NATIONAL CITY, CALIFORNIA ZONE CHANGE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, Califomia 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number 2C ' 1'170 I I Compatibility with General Plan ?tDI 'Z ces.APA7tPUl.tn Filing Fee $ Da? Receipt ��o�No. '?(�(03 Z Date Received 1 0/ By �6) 2 ) E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. APPLICANT MUST FURNISH AN ASSESSOR PAGE OBTAINABLE FROM THE COUNTY ASSESSOR OFFICE OR A PLAT PREPARED BY A TITLE COMPANY, A LICENSED ENGINEER OR LAND SURVEYOR SHOWING EXACT BOUNDARIES OF THE SUBJECT PROPERTY. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) A portion of the Southwest quarter of Quarter Section 106 Rancho de La Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166 by Merrill filed in the office of the County Recorder of San Diego County October 11, 1869, PROPERTY LOCATION 2720 East Plaza Boulevard No. Street between Euclid Avenue and Harbison Avenue Zone Change Application Revised December, 1998 Page 1 of 2 Y PRESENT GENERAL PLAN/ZONING DESIGNATION CL PROPOSED GENERAL PLAN/ZONING DESIGNATION CG PRESENT OVERLAY ZONE DESIGNATION (if applicable) PROPOSED OVERLAY ZONE DESIGNATION (if applicable) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: NC GALLERIA LLC Name: Signature 4--""A ?i\----) Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 4130 La Jolla Village #208 La Jolla, CA 92037 Dr Address: Phone No. 8 58 / 4 5 0- 6 8 8 6 Phone No. Fax No. 858/450-6626 Fax No. Date: 8/27/01 Date: APPLICANT Name: 4ti �\ (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: Zone Change Application Revised December, 1998 Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. ___ 4 ITEM TITLE PUBLIC HEARING — VACATION AND CLOSURE OF THE ALLEY NORTH OF 9"' STREET, WEST OF HOOVER AVENUE AND EAST OF COOLIDGE AVENUE (APPLICANT: CITY INITIATED) (CASE FILE NO. SC-2001-2) PREPARED BY DEPARTMENT Andrew 1-loskinson Planning EXPLANATION The Planning Commission held a public hearing on this matter on October 15, 2001. The attached background report describes the alley vacation proposal in detail. Environmental Review Financial Statement N/A X — N/A Exempt Account No. STAFF RECOMMENDATION ,Ace Staff concurs with the Planning Commission's recommendation. BOARD I COMMISSION RECOMMENDATION The Planning Commission voted to recommend denial of the alley vacation request. Vote: Ayes — Valderrama, I'arra, Flores. Ungab, Reynolds, Detzer Absent - Baca ATTACHMENTS I Listed Below } I. Background Report 2. Planning Commission Finding for Denial 3. Possible Findings and Conditions for Approval .. 4. Location Map ,.CCC Resolution No. 5. Proposed Notice of Exemption 6. Department and Agency Comments 7. Letters from Concerned Citizens 8. Application BACKGROUND REPORT The alley proposed for vacation is located in the Light Manufacturing Residential (MLR) zone north of 91h Street between Hoover and Coolidge Avenues. The approximately 2,250 square foot alley, which is 20 feet wide by approximately 125 feet long, is only accessible to the public from 9th Street, since it dead ends at Interstate 5 to the north. The alley abuts three properties. A parking lot for Sid's Carpet Barn is located on the east side of the alley at its northern terminus. The parking lot is accessible from the alley; however, the gate to the alley is currently locked. National Iron Works is located on the east side of the 9th Street entrance to the alley. They have a six space parking lot at the rear of their building; the parking lot is accessible only through the alley. Finally, DM Auto, an auto repair business, is also located on 9'h Street, west of the alley. City Council initiated alley vacation procedures July 17, 2001 in response to a letter from the owner of DM Auto, a tenant at 225 W. 9th Street. In the letter the owner of DM Auto asked for permission to gate the alley for security reasons. In January 2001 DM Auto was the subject of Code enforcement action by the Engineering Department. DM Auto had to remove a fence that blocked the alley, and cease storing automobiles in the alley. They complied at the time. If the alley were vacated it would allow the existing businesses that abut it to use it for their operations, since the preliminary title report indicates that ownership would revert to the abutting property owners. In order to vacate the alley City Council must find that the alley is not needed for present or future public transportation purposes and that the vacation is in conformance with the General Plan. If the alley were vacated it would relieve the City of the responsibility of maintaining it. However, one of the abutting property owners would like access easements in place if the alley is vacated. Access easements may not be very practical once the existing businesses start using the area for their operations; however, this would not be a City issue, rather the property owners would have to work it out. Additionally, vacation of the alley is in conformance with the General Plan, since the alley is not mentioned in the Circulation Element of the plan. The alley is the only access to National Iron Works parking lot, so vacating it would likely render the parking lot non-functional in its current configuration. Additionally, the owners of 816 and 822 Hoover Avenue, the properties on the east side of the alley at its northern terminus, submitted letters of opposition to vacation since the alley could be valuable to them for their future development plans. The alley does provide alternative access to all three of the abutting properties. This alternative access, which is currently used to access a parking lot on one of the properties, could eventually facilitate loading and unloading activities at the rear of abutting businesses. Findings for denial and for approval, along with recommended conditions of approval are attached. The conditions grant access rights to several public utilities and to the abutting property owners. The Planning Commission considered the alley vacation at a public hearing October 15, 2001. A representative for the owners of 816 and 822 Hoover Avenue testified at the hearing as to the value of the alley to the future development of the above mentioned properties. f He also noted the value of the alley as the only access to National Iron Works rear parking lot. The owner of DM Auto was present at the meeting, but declined to speak. The Commission recommended that the Council deny the alley vacation request. PLANNING COMMISSION RECOMMENDED FINDING FOR DENIAL That the area to be vacated is needed for future public transportation uses, since the alley allows access to an existing parking lot for an abutting business, and since the alley increases the access options and allows for greater development potential of the abutting properties. PLANNING COMMISSION RECOMMENDED FINDINGS FOR APPROVAL 1. That the area to be vacated is not needed for present or future public transportation uses, since the properties abutting the alley in consideration have access to public streets, and since the area serves no other purpose for circulation. 2. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicyclists or equestrians, since the alley does not allow for through travel, and since the street and sidewalk improvements in the area can be used by pedestrians and bicyclists, and finally since the urbanized, industrial location is inappropriate for equestrian activity. 3. That the vacation of the proposed segment of the right-of-way is consistent with the City's General Plan, since the General Plan does not identify and need for the right-of-way to be used for public purposes. RECOMMENDED CONDITIONS OF APPROVAL 1. Prior to vacation easements for access to and maintenance of all existing gas and electric facilities shall be granted to San Diego Gas and Electric. 2. Prior to vacation easements for access to and maintenance of all existing aerial and underground Pacific Bell facilities shall be granted to Pacific Bell Telephone Company. 3. There shall be no permanent structures or encroachments erected on or over any proposed easements. 4. Prior to vacation easements for access shall be granted to the abutting property owners: William Reid Smith and Nancy Jo Smith, Gertrud Yutsus as Trustee of the Gertrud Yutsus Living Trust, and Jeanette Rubin. OS N MLR Street 905 ; 9th 6 9AS 3. 7 N N\, 00 00 ; "921 A 90\ \C N _ \ 7q23 -, \ Q. .d 921 O 925 \\ i\ PROPOSED ALLEY VACATION g26 93a ZONE BOUNDARY — — — A LOCATION MAP Alley north of 9th Street west of Hoover Avenue and east of Coolidge Avenue SC-2001-2 NATIONAL CITY PLANNING DRN. DATA 9/28/01 INITIAL HEARING: 10/15/01 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Protect Title: SC-2001-2 Project Location: Alley north of 9'h Street between Hoover Avenue and Coolidge Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Vacation of an alley north of 9th Street between Hoover Avenue and Coolidge Avenue to allow abutting properties to use the alley area for business purposes. Applicant: City of National City Telephone Number: (619) 336-4380 Exempt Status: El Statutory Exemption. 111 Categorical Exemption. El Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal involves the vacation of an alley that abuts only three properties, all with sufficient access from dedicated streets and since the alley does not readily serve the public necessity because it does not provide through access. Date: Andrew Hoskinson Assistant Planner ® Recycled Paper .-7 To: From: Via: Subject: City o National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 September 12, 2001 ENGINEERING REQUIREMENTS FOR ALLEY VACATION NORTH OF 9TH STREET AND WEST OF HOOVER AVENUE Roger G. Post, Planning Depa Adam Landa, Engineering D Burton S. Myers, City En p er ALLEY VACATION ! RTH OF 9TH STREET AND WEST OF HOOVER AVENUE NA'1 IONAI_ C11 PLANNING I);-iP.A ; SEPe 1. The dedication of easements for any utilities shall be required prior to the vacation. There shall be no permanent structures or other encroachments erected on or over any proposed easements. If you have any questions, please call me at extension 4394. AL jha .an /.a i]........I.-A o...-. . 405 Sempra Energy_ September 19, 2001 City of National City Planning Department 1243 National City Blvd National City, CA 91950 AU: Andrew Hoskinson NATIONAL CITY PLANNING DE PARTMENT �, . 2 I V Jl Re: SC-2001-2 Vacation of the alley north of 9t Street and west of Hoover Avenue. 'Phis letter is in response to your request to comment on any conflicts San Diego Gas & Electric Company might have regarding the vacation mentioned above. SDG&E currently has overhead electric facilities in the area proposed to be vacated (see attached map). When processing this, please place a reservation in the closing resolution for these facilities. Please provide this office with a copy of the Final Closing Resolution. Should you have any questions, please contact me at (858) 650-4117. Thank you. Sincerely, Connie P. Peacock Administrative Associate Duly Authorized Agent for SDG&E B5 Q .► &EISPR DG&E DOES _ • NTAMNEU H RRAIITIES, RRANTY OF SOLELY RE AND YOU 1dENCES 20° CA MC]II f/C. S/0 SSC A 1736 CIR/I It 1-u0Y n0, In I...SSISOF CU MCIIOM C10 .I SOII 1' 00O. SI00x :/0 PC. s. 10M I: 2/0 n x I/C. 1/O SSC AI M I/C- 1/0 SEC CIA MC. SOS S/C. x. Sac C. CRyt tL S. E SIPS CIx xn t. 44 E11 xl x C/S xtl IM CIx.x/C C. C CIr ./0' E NC 1/C. 04 SSC CU M. CIA K. )Ox i. }ID it w- S/C .0 SSC CA I VOS+ 1- ./O O SIOJ S/O SEC At x_—_, vc. v• CIx SSC C, C CU EC CIv .I )- Cn Draft copy only - Not Naapino and Records approved Not to be used for markoul'nl`operotint] Pacific Bell Telephone Compar3 Right of Way / Liaison 6150 Mission Gorge Road Suite: 200 San Diego, CA 97120 I sg qACIFICIBELL I % NATIONAL CITY PLANNING DEPARTMENT September 27, 2001 OCT 0 4 2001 City of National City 1243 National City Blvd. National City, CA 91950 Attn: Andrew Hoskinson RE: Street Vacation Thank you for your notice regarding the easement vacation for: Alley n/o 9th St. & w/o Hoover Ave. Pacific Bell has aerial and underground facilities in the area proposed to be vacated. If there is affirmative action on the vacation process, please include a reservation of an easement for these facilities in the vacation procedure. For any questions, please call 619-285-6603. Yours truly, Right of Way Agent June 18, 2001 The Honorable George Waters Mayor of National City 1243 National City Blvd. National City, CA 91950 Sir: This is regarding the gate to the alley at 225 W. 9m St. I spoke to both parties and neither has any objection to reinstalling the gate. The parties involved are: Sids Carpet Barn Alan Ziman (619) 477-7000 National Iron Works Juergen Wild (619) 477-1191 Everyone who needs a key to the gate will be furnished with one. Thank you for your concern in this matter. Don acne y DM Auto 225 W. 9th St. National City, CA (619) 474-1581 February 13, 2001 The Honorable George Waters Mayor of National City 1243 National City Blvd. National City, CA 91950 Sir: As per our phone conversation as of this date, February 12, 2001, regarding the reinstallation of the gate entering the alley at 225 W. 9th St. As I stated no one has any objection to the gate, it is security for everyone, in the last 5 years with the gate up, there have been no problems. With the gate down I can see signs of illicit activities. Everyone who needs a key to the gate will be furnished with one. Thank you for your concern in this matter. T3on Mauney DM Auto 225 W. 91h St. National City, CA (619) 474-1581 NACIONAL CITY PLANNING t;t.I?AARTMI NT SID'S CARPET BARN, INC. 132 West 8th Street National City, CA 91950 (619) 477-7000 (619) 477-6120 (Fax) September 20, 2001 Roger Post, Director Planning Dept. City of National City 1243 National City Boulevard National City, CA 91950-4301 Re: Alley closure at rear of 822 Hoover Avenue Dear Mr. Post: I am writing this letter to you as a follow up to the meeting I had on September 12, 2001 with Adam J. Landa, Assistant Civil Engineer for the City of National City. I was informed by Mr. Landa that the City Council of National City is prepared to authorize the permanent closure of the alley at the rear of my recently completed parking lot at 822 Hoover and running south to the 700 block of West Plaza Street. Please know that I am very much opposed to the City Council's plan to permanently close the alley at the rear of my parking lot. My hope is that by writing this letter your office might be able to assist in halting the City Council's plan for its closure. I am the current owner of Sid's Carpet Barn, Inc. This business was originally started by my late father-in-law, Sid Rubin. Sid's Carpet Barn, Inc. has been in business at the same location for over 51 years. Under the name of my partnership, Curlan, Ltd., have been instrumental in developing several parcels of land in the vicinity and turning what were ugly shacks and rundown apartment buildings into modern structures. This development has resulted in increasing the property tax base for National City. As Sid's continues to grow, it will be responsible for generating more and more sales tax revenue for National City, as well as providing employment opportunities in the local area. Last year I spent in excess of $50,000 putting in the parking lot improvements, including a rear access to the alley for the purpose of providing more than one entrance. In the future, if I were to ever develop these parcels with a structure, it would be very beneficial to have this alley access available. Were this alley access not available at the time, I would not have proceeded with development of these parcels due to the cost as well as the length of time it took for me to get the necessary permits for these improvements. It is imperative that I have this access for the long-term expansion of my business. If the wisdom of the City Council is to authorize the closure of the alley, then it is imperative that I be granted permanent easement rights, which would be recorded on all of the affected parcels, for ingress and egress via the alley to my parking lot. 4 Roger Post, Director Planning Dept. Page 2 September 20, 2001 In closing, I respectfully request that you consider either halting closure of the alley or the granting of permanent easement rights as described above. I look forward to your reply. Sin,rely, ALLAN W. ZIMAN, / President Sid's Carpet Barn, Inc. Jeanette Rubin Burnett 1560 Via Corona La Jolla, CA 92037 (858) 459-7235 October 9, 2001 Roger Post, Director Planning Dept. City of National City 1243 National City Boulevard National City, CA 91950-4301 NATIONAL CITY PLANWHC Re: Vacation of alley north of 9th St. between Hoover and Coolidge Avenues Dear Mr. Post: As the owner of the property formerly known as 822 Hoover Avenue that has been developed into the parking lot now used by Sid's Carpet Barn, Inc., I wish to express my opposition to the proposed alley vacation by the City Council. I, along with my daughter and son-in-law, Helene and Allan Ziman, and in conjunction with their partnership, Curlan, Ltd., own many parcels of real property in the area. All of these properties had been acquired over the years for use by the business of Sid's Carpet Barn, Inc. This business was originally started by my late husband, Sid Rubin, in 1950, and is a landmark in National City. Over the years, a number of these parcels acquired have been developed and improved over the then existing rundown structures. The combining of the two parcels at 816 and 822 Hoover Avenue last year to construct the current parking lot was done with the knowledge that there were two points of entry into the parking lot so that any future expansion of the business would allow options in further development. If the City Council cannot bar the alley closure, I ask that permanent easement rights for ingress and egress by way of the alley be granted and recorded as part of the public record. Your consideration in stopping the alley closure from happening or the granting of permanent easement rights for use of the alley would be appreciated. Respectfully submitted, JEANETTE RUBIN BURNETT SID'S CARPET BARN, INC. 132 West 8th Street National City, CA 91950 (619) 477-7000 (619) 477-6120 (Fax) October 9, 2001 Roger Post, Director Planning Dept. City of National City 1243 National City Boulevard National City, CA 91950-4301 NAFION I,CS'rY PIN t r•E,, .,.�•.r�.:.,. Re: Vacation of alley north of 9th St. between Hoover and Coolidge Avenues Dear Mr. Post: As an addendum to the letter written to you by Allan Ziman dated September 20, 2001, please note the following regarding taxes paid by Sid's Carpet Barn, Inc. for the year 2000: Property address 829 Hoover Avenue 111 West 9th Street 816 Hoover Avenue 822 Hoover Avenue 132 West 8th Street 128 West 8th Street Lot h&N11 817 Hoover Avenue PROPERTY TAXES (Administrative Bldg.) (Warehouse & offices) (new parking lot) (new parking lot) (Barn) (Barn) (main parking lot) (main parking lot) Amount of Tax $ 2,431.18 $ 9,318.88 $ 569.42 $ 395.62 $ 613.58 $ 377.16 $ 216.42 $ 313.42 $14,235.68 Total SALES TAX PAID TO STATE EQUALIZATION BOARD Amount of Tax $125,089.96 $121,162.11 $ 94, 884.57 $184,911.67 $526,048.31 Total Again, thank you for your consideration in this matter. Sincerely, ROBERT C. WOOD, Vice President - Operations Sid's Carpet Barn, Inc. NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM Case Number Filing Fee $ Receipt No. A/A- Date Received ir e By 16 E.A.F. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of /IL L gY located en-A/MTH or 9�iv alareet him ite.e. and as more particularly shown and described on drawing of area to be vacated, prepared by t=-/GrfAfA /A/ t'pr dated , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) D/f2%&-i f) 6Y C/Tv eOei..t/e/L AGTiOn/ Title Examination Report obtained by date (attach copy) Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: C/% Y /fT/Drt//z Cry Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 42 / /�4{--77a f6 C(i f',&Address: iV/9-r7aar/yz_. G/t /( 9/5-.o Phone No. g>9")6-5�6. Phone No. Fax No. Fax No. Date: 6/02/2p p / Date: APPLICANT Name: e/7y DV' //47-j/oit/,4L l� y (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: /2 43 A74 -io7 girt e L, Phone No./�j) 3?—<Z380 Fax No. Date: ,s/x/aoo t Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 r City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE DECEMBER 4 2001 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE SAN MIGUEL COURT SEWER PROJECT, SPECIFICATION NO. 00-17 PREPARED BY MICHAEL LONG EXPLANATION DEPARTMENT ENGINEERING On May 8th, 2001 by Resolution No. 2001-67, the City Council awarded a contract in the amount of $5,800.00 to MJC Construction for the San Miguel Court Sewer project, Specification No. 00-17. On June 29, 2001 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The final construction cost is $5,800.00. Environmental Review N/A Financial Statement Approved By: F nn, eQi The final construction cost „5,800.00. This amount is within the estimated beget for this project. Funding is available throws •cc STAFF RECOMMENDA �! Adopt the Resolutio Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Progress Estimate No. 1 3. Notice of Completion Resolution No. 2001-179 acn :C 17 RESOLUTION NO. 2001 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE SAN MIGUEL COURT SEWER PROJECT (Engineering Spec. No. 00-17) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by MJC CONSTRUCTION, INC., Engineering Department Specification No. 00-17, for the San Miguel Court Sewer Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 4ih day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CRY OF NATIONAL CITY 1243 National City Boulevard National City. Ca 91050 Phone: (61 a1 336-4360 MBNlULt MIMES% ESTUMIITE Prsj.Ct Titer San Miguel Court Sewer Repair Project C.ntrect.r MJC Construction Co., Inc. -Ft native N.: 00-4— Address 1234 No Chula Vista, CA 91911 Estimate N.. _.1_._ Oriilsai C.atrse! Bid Amulet P.ri.d6 /2_P1 ta_! 01 $ 5,800.00 D.acriptios 1bat. 6-29-01 Aafioasts Previous flu Math To Dole epos amaust aarn.d I $ -0- $ 5,800.00 $ 5,800.00 tos Retention $ -0- I $ 580.00 I $ 580.00 Osdectisw 1 $ -0- $ -0- $ -0- Net E.ralnq . . . . I $ -0- ' $ 5,220.00 $ 5,220.00 Less Previous Paym•snt Net Payment this Eatimats $ -0- $ 5,220.00 Contrast Completion Data: * All work completed on 6/29/01 06-25-01 Notice to Proceed Deb contract 07-24-01 1J.ri:lar Dryer Ceramist 20 Working Drys Emended 4 weituposyslistadrasio16 6-29l01 r. c ion Inspector Cewied os (Spero. & Dw Aaduisda.ra.a oesR.pamaiatw .d yry..t a.M...r Michael).pn�, �yssgetpjq Fxigineer % jj San Miguel Court Sewer Specification 00-17 MJC Construction Co. 1234 Nolan Avenue Chula Vista, CA Progress EstimateNo. 1 6/28/01 -This Es!. Earn -This Est. Qty Todate Earn - Todate Item No; Sin UNIT gem uescnptivit �••� ���• -- — 100% $ 5,800.00 100% $ 5,800.00 1 1 LS 6" Conc. Pavement Reconstruct $ 5,800.00 $ 5,800.00 Prepared by.• H M e RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 29, 2001 , of the SAN MIGUEL COURT SEWER PROJECT, SPEC. NO 00-17 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at San Miguel Court, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Sewer Easement Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with MJC CONSTRUCTION Name of Original Contractor The following work and material were supplied. Concrete Improvements General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NIA Joint tenants, tenants in common, or other owners Dated: , 2001; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2001, at , California. Signature: GEORGE H. WATERS, MAYOR FOFMSNOCbl.17 City of National City, California COUNCIL AGENDA STATEMENT =STING DATE DECEMBER 4, 2001 6 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH RED "NO PARKING" ZONES AT THE SOUTHWEST CORNER OF CIVIC CENTER DRIVE AND HARDING AVENUE AND AT THE SOUTH EAST CORNER OF PLAZA BLVD. AND ROOSEVELT AVENUE (SAN DIEGO TRANSIT, TSC FJAg{l fl?iltil-41) DEPARTMENT ADAM LANDA ENGINEERING EXPLANATION San Diego Transit has requested the installation of a red curb "no parking" zones at the intersections of Civic Center Drive and Harding Avenue and at Plaza Boulevard and Roosevelt) for bus stops Avenue (see attached location maps. San Diego Transit is requesting these "no parking" zones to better serve the City of National City residents. Impact to parking at these locations are as follows: 1. Civic Center Drive, west of Harding Avenue - there will be one parking space lost at this location. 2. Roosevelt Avenue, north of Civic Center Drive - the requested red curb location behind the Police Department is already a red "no parking" zone which will not impact any existing parking spaces. 3 Roosevelt Avenue, south of Plaza Boulevard - there will be one parking space lost at this location. The Traffic Safety Committee approved the requested red curb at their meeting on November 14, 2001. CEnvironmental Review __- N/A Financial Statement N/A STAFF RECOMMENDATIO Adopt the Resolution. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of November 14, 2001, approved red "No Parking" zones at Civic Center Drive and Harding Avenue, and at Plaza Boulevard and Roosevelt. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-180 RESOLUTION NO. 2001 - 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL RED NO PARKING ZONES AT THE SOUTHWEST CORNER OF CIVIC CENTER DRIVE AND HARDING AVENUE AND AT THE SOUTHEAST CORNER OF PLAZA BOULEVARD AND ROOSEVELT AVENUE (San Diego Transit, TSC Item No. 2001-41) WHEREAS, San Diego Transit has requested the installation of red no parking zones at the southwest corner of Civic Center Drive and Harding Avenue and at the southeast corner of Plaza Boulevard and Roosevelt Avenue for the installation of bus stops; and WHEREAS, at its meeting on November 14, 2001, the Traffic Safety Committee approved the installation of red no parking zones at the southwest corner of Civic Center Drive and Harding Avenue and at the southeast corner of Plaza Boulevard and Roosevelt Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install red no parking zones at the southwest corner of Civic Center Drive and Harding Avenue and at the southeast corner of Plaza Boulevard and Roosevelt Avenue. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: //0 4: . George H. Eiser, III City Attorney 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 14, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE AT CIVIC CENTER DRIVE AND HARDING AVENUE AND AT PLAZA BOULEVARD AND ROOSEVELT AVENUE (BY: SAN DIEGO TRANSIT, TEL. NO. 238-01001 PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: San Diego Transit has requested the installation of a red curb "no parking" zone at Civic Center Drive and Harding and at Plaza Boulevard and Roosevelt Avenue (see attached location maps) for bus stops. San Diego Transit is requesting these "No Parking" zones to better serve the City of National City residents. The locations are as follows: 1. Civic Center Drive, west of Harding Avenue - there will be one parking space lost at this location. 2. Roosevelt Avenue, north of Civic Center Drive - the requested red curb location behind the Police Department is already a red "no parking" zone which will not impact any existing parking spaces. 3. Roosevelt Avenue, south of Plaza Boulevard - there will be one parking space lost at this location. STAFF RECOMMENDATION: Staff recommends the installation of red curb "No Parking" zones at Civic Center Drive and Harding Avenue and at Plaza Boulevard and Roosevelt Avenue. EXHIBITS: 1. Letter 2. Location Maps 2001-41 San Diego Transit 100 16th Street P.O. Box 122511 San Diego, CA 92112-2511 (619) 238-0100 FAX (619) 696-8159 Traffic Safety committee 1243 National City Blvd. National City 91950 CIO Engineering Department To Whom It May Concern: CITY OF NATIONAL CITY ENCINFENNa DEFT. RECEIVED By 11a1,�. October 19, 2001 San Diego Transit is requesting the addition of three (3) new bus stops serving our route # 55. We have received numerous requests to better serve the community area of Civic Center Dr. and Roosevelt Street. The proposed locations are as follows: 1) Civic Center Dr. eastbound @ Harding (nearside) in front of Cozsin's Liquor. 29 feet of red curb will have to be added curbside to accommodate the bus stop. (one parking space) It was noted that Cozsin's Liquor has off street parking and parking available on Harding to serve their business. 2) Roosevelt northbound @ Civic Center Dr. (farside) driveway. Red curb already exits at this location adding no additional parking impacts. 3) Roosevelt northbound @ Plaza Blvd. (nearside) 23 feet of red curb will be necessary to accommodate the bus stop. (one parking space.) 20 feet of red curb already exists at the (fire hydrant) northbound to curb cut on Roosevelt Street at Piaza Blvd. I am available upon request to further discuss these requests at your traffic commission meeting or Council meeting to recommend the new additional bus stops. Sincerel R• acilitics Coordinator 238-0100 ext.. 424 W LS d AVL\ b AVL\ E n REET) W, 20 24 t28 CY LJ I _I T Li J II rY CENTER 1333 1312 1322 r. 1328 1340 . u k hk W. 14th ILO rY A j STREET POLICE DEPT. EX/ST/NO RED CURB DRIV rroly M STREET J m w CITY (NATIONAL NATIONAL E , 12 -t CITY HALL SITE W, PLAZA 3LIULEVAR3 W, 11t COCA PROP ED ADD/T/ON.4L ►- Si -REF I I1 ry TO >-- 1-- RED CURB STREET V E City of National City, California COUNCIL AGENDA STATEMENT EETING DATE DECEMBER 4, 2001 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH ONE HANDICAP PARKING ZONE AT 2004 LANOITAN (L. BELTRAN, TSC ITEM NO. 2001-39) PREPARED BY ADAM LANDA EXPLANATION DEPARTMENT ENGINEERING Ms. Laura Beltran, of 2004 Lanoitan Street, has requested the installation of a blue curb handicap parking space in front of her home. According to Ms. Beltran, residents of the apartments in the area are taking all of the parking spaces in front of her residents. There is existing parking in the rear of the property, but is not used due to the steep grade.. The request does not meet the requirements of the City Council policy which requires that there be no off-street parking. The Traffic Safety Committee, at their November 14, 2001, approved one handicap parking space for Ms. Laura Beltran in front of her resident at 2004 Lanoitan. The approval was based upon the fact that the off-street parking is not accesseble for the house due to the topography of the land Environmental Review XN/A Financial Statement N/A STAFF RECOMMENDATI Staff initially recommends ` '' slue curb handicap p rking space not be installed based upon the City Council Policy requirements. However, upon further r iew, staff now recommends that an exception in the policy be granted for this location due to the steep rade. Approved By: Finance Director Account No. BOARD/COMMISSION RECOMMENDATION The Traffic Safety Committe at its meeting of November 14, 2001, approved one handicap parking space at 2004 Lanoitan. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee 2001-181 Resolution No. RESOLUTION NO. 2001 —181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH A DISABLED PERSON'S PARKING ZONE AT 2004 LANOITAN AVENUE (L. Beltran, TSC Item No. 2001-39) WHEREAS, Laura Beltran has requested the installation of a blue curb disabled person's parking zone in front of her residence, at 2004 Lanoitan Avenue; and WHEREAS, at its regular meeting on November 14, 2001, the Traffic Safety Committee recommended approval the installation of a blue curb disabled person's parking zone in front of 2004 Lanoitan Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the City Engineer the install a disabled person's parking zone in front of 2004 Lanoitan Avenue. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 14, 2001 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A HANDICAP PARKING SPACE IN FRONT OF 2004 LANOITAN AVENUE (BY: L. BELTRAN, 472-1307) PREPARED BY: Adam J. Landa, Engineering Department DISCUSSION: Ms. Laura Beltran, of 2004 Lanoitan Street, has requested the installation of a handicap parking space in front of her house. According to Ms. Beltran, vehicles from the neighborhood are parking in front of her house leaving no parking for her. City Council has adopted a policy which is used to evaluate requests for handicap parking spaces. This request was evaluated based on the Policy. The Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. Staff has investigated the site and found four (4) off-street parking spaces on the property. This condition is not met. The Policy requires that all three (3) conditions be met. In this case, two (2) conditions are met. STAFF RECOMMENDATION: Staff recommends, based upon the City Council policy, that a blue curb parking space not be installed. EXHIBITS: 1. Letter 2. Location Map 2001-39 o whom I-1 h (ok1 cern.i 6CJ) 05,200 0 1Y OF NATIONAL WY mamas DEPt. RECEIVE • , 1 any requPsfrl i-F you (aro "(z -lo Iviy house amel see 1-(' 11- is ids(ite have -Hue Uu/k s role r,1711e43/ b(t,e �rrr /u� haA77nh cad da,uy'h�. 7As re_.aso`' I GIN" askil Is keca-ux syace 15 alwaYs oCcured by D cais, G+.oci WhrePcGatr V-e-( fo A.€1 hGw, 7kamk tynd«d cs cb-pl of tiA9 Kuvic(ccrnp Flo docAvr's el a of REMOVE FROM MIRROR BEFORE DRIVING VEHICLE 30, 2003 DISABLED PERSON PARKING PLACARD H 200088 PURCHASE OF FUEL (Ilivnesk.: & Profcc.ors Cope sem State law requires Service stations to refuel a disabled person's vehicle at self-service rates. except at service facilities with only one employee on duty. Da - A Public Service Agency APPLICATION FOR DISABLED PERSON PLACARD OR PLATES ❑ Permanent Parking Placard.... No Fee ❑ Disabled Person Plates.... No Fee ❑ Temporary Parking Placard.... $6.00 ❑ Travel Parking Placard.... $6.00 Any information contained in this certification, as part of the application for a disabled person's parking privileges, will be available to local public law enforcement or local agency responsible for the enforcement of parking regulations (Vehicle Code §22511,58). A doctor's certification is NOT required if you have lost, or Lost the use of one or both lower extremities or both hands, and the application's presented In person. All other disabilities require a doctor's certification. THE DISABILITY MUST BE READILY OBSERVABLE AND UNCONTESTED. VC §22511.55(5.b) A. PLEASE TELL US ABOUT YOURSELF: (PRINT TRUE FULL NAME) I AST NAME , FIRST NAME MIDDLE NAME DATE OF eIR fit- tP�-' i,t,r' . / MAILING ADDRESS APTISPACE DRIVER NSEAD R STATE ZIP DAYTIME TELEPHONE NUMBER 1 Aa r-�-1 b 4 <A,( I 1 �i--t- ..,0cl:'- r'. /9 S /7, /, 3 u 1. Are you a resident of California? 'I / ❑ ❑ No If "no" you may apply for a temporary placard only with a maximum 90 day use. 2. Do you currently have a permanent disabled veteran license plates or a permanent parking placard If "yes," please give numbei (No doctor's certification required). NUMBER: B. DISABLED PERSON LICENSE PLATES Vehicle you wish to put DP Plates on: Current Plate Number Vehicle Identification Make COMMERCIAL VEHICLE EXEMPTION ® This is the only commercial vehicle weighing less than 6,001 pounds unladen which displays a disabled person license plate for which I will request exemption from weight fees. C. APPUCANTS SIGNATURE AND CERTIFICATION I certify under penalty of perjury under the laws of the State of California that I am 0 permanently ❑ temporarily disabled due to and the information entered by me on this document is true and correct SIGNATURE X DATE DOCTOR'S CERTIFICATION OF DISABIUTY (FOR PHYSICIAN OR AUTHORIZED MEDICAL PROFESSIONAL ONLY) The physician or authorized medical professional certifying the qualifying disability must provide a full description of the illness or disability per Vehicle Code §22511.55. Please complete the following for either permanent or temporary disability. D. gPERMANENT PLACARD TEMPORARY PLACARD Valid until Month Day Yr NOTE: Temporary placards fee.$¢—Cannot..exceed6 months,(180'days) for California residents, 3 month.:(90 -days).for anon -resident, or 'I month (30 days) for a -travel placard. Any licensed physician may certify to items 1-8. A licensed chiropractor may certify to items 3 and 6. A licensed ophthalmologist or optometrist may certify to item 7 only. The applicant suffers from the following disability. 1. 0 Lung disease to such an extent that forced (respiratory) expiratory volume for one second when measured by spirometry is less than one liter, or arterial oxygen tension (P02) is less than 60 mm/HG on room air at rest. 2. 0 Cardiovascular disease impairment limitations classified in severity as Class Ill or Class IV according to standards accepted by the American Heart Association. 3. 0 A significant limitation in the use of the lower extremities which substantially i ' airs or interfe mo. ity or requires the aid of an assistant device for mobility (e.g., cane, walker, crutches, etc.) due to: 4 diagnosed disease or disorder which substantially impairs or interferes with m.bility, or requires the : id of an assistant device for mobility ��(e.g., cane, walker, crutches, etc.) due to' 5.1 -Loss, or loss of the use of, one or both lower extremities. Loss of use due to: 6. 0 Loss, or loss of the use of, both hands. Loss of use due to: 7. 0 Central visual acuity not exceeding 20f200 in the better eye, with corrective lenses, as meas'ued by the Snellen test, or visual acuity greater than 20/200 with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. 8. ❑ Disabled due to' E DOCTOR'S SIGNATURE I certify I am aAPhysician 0 Chiropractor ❑ Ophthalmologist 0 Optometrist 0 Other and I certify under penalty of perjury under the laws of the State of California that the information I have provided is true and correct. SIGNATUgE/ r DATE f IL�O {) l (�) I , / ' ME 4KAL LFENSE Mrt DAYTIME TELEPHONE NUMBER ' y7�� OU PRINTED NAME I '- ADDRESS, x (\IL11/7 N�/,� !)((0 () (i icy(17c 51 . (.b.-5i0_`C_t �%a'1Z,C REG 195 (REV 12/119)WWW VISTA V'STA AVE\UE LAB ITA� IESTA AVENUE WAY City of National City, California COUNCIL AGENDA STATEMENT ;ETING DATE December 4, 2001 AGENDA ITEM NO. __ _. 8 /ITEM TITLE. RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER FOUR TO ADD ADDITIONAL WORK ASSOCIATED WITH THE PAVING OF CIVIC CENTER DRIVE BETWEEN WILSON AVENUE AND HARBOR DRIVE TO THE NATIONAL CITY STREET RESURFACING PROJECT, SPEC. NO. 00-8 PREPARED BY Michael Long DEPARTMENT Public Works/Engineering EXPLANATION See attached Explanation Environmental Review X N/A Financial Statement Change Order Number Four increases the contract by $8,021.92 to a new total contract Approved By: price of $1,266,740.17. This amo0t is within the total project cost award of $1,4b6,400.00. Funding is available through Account Number $ / 9-409-500-598-6035, 307-409-500-598-Q035 34�5409-500-598-6035, and 343-409-500-598-6035. ccbun o. STAFF RECOMMENDAT Adopt the Resolution BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Change Order Number Four Number Four. Resolution No. 2001-182 00-8 Explanation: Change Order Number Four is written to provide compensation to the Contractor for the addition of a section of Civic Center Drive between Wilson Avenue and Harbor Drive to this years resurfacing project. This section of Civic Center Drive was added to this years project list due to the rapidly deteriorating street section. This Change Order will provide for additional items of work which are not normally associated with a standard street reconstruction project (main reasons being the work needed adjacent to the railroad line). The total project will consist of the reconstruction of the portions of the failed street section, overlay the existing pavement with 2" of new asphalt, repair deteriorated sidewalks and provide two ADA compliant pedestrian ramps at McKinley Avenue. The total estimated cost associated with this additional work totals approximately $63,128.00. This total cost includes $55,106.00 in additional line item quantities of work which all ready have bid costs items in the original bid, along with the $8,021.92 of extra work proposed by the contractor for Striping, Traffic Control and Railroad Insurance for work within the MTDB right of way. Staff has reviewed the additional costs for the traffic control, striping, and insurance costs and determined that $8,021.92 is a reasonable cost to provide these services. This change order will increase the current contract amount by $8,021.92 from the existing contract price of $1,258,718.25 to a new contract price of $1,266,740.17. This amount is within the total project cost award of $1,496,400.00. At the completion of the project a balancing change order will be issued to adjust the final contract price by an additional $55,000 in accordance with the final quantities constructed. The total additional costs of $63,128.00 is still within the approved budgeted amount for this project. RESOLUTION NO. 2001 —182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER 4 TO THE NATIONAL CITY STREET RESURFACING PROJECT FOR ADDITIONAL WORK ASSOCIATED WITH THE PAVING OF CIVIC CENTER DRIVE BETWEEN WILSON AVENUE AND HARBOR DRIVE (Engineering Spec. No. 00-08) WHEREAS, the City entered into a contract with SRM Contracting and Paving for the National City. Street Resurfacing Project, Engineering Specification No. 00-08; and WHEREAS, Change Order No. 4 to the contract will provide compensation to SRM Contracting and Paving for the addition of a section of Civic Center Drive between Wilson Avenue and Harbor Drive as part of the Project. NOW, THEREFORE, BE IT RESOLVED that Change Order No. 4 to the Contract between the City of National City and SRM Contracting and Paving, Engineering Specification No. 00-08, is hereby approved. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney CONTRACT CHANGE ORDER NO.4 DATE: 12/4/01 PROJECT: National City Street Resurfacing Project, Specification No. 00-08 TO: Mr. Wayne Mello SRM Contracting and Paving 7192 Mission Gorge Road San Diego, CA 92120 DESCRIPTION OF CHANGE: This change order is written to add work item number 31 (shown below) to the contract. No Item Unit Bid Qty Unit Price CCO #3 Amount Adjusted Contract Amount 31 Civic Center Drive Striping, Traffic Control and Railroad Insurance LS N/A $8,021.92 N/A $8,021.92 Total $1,258,718.25 $1,266,740.17 DISCUSSION: Line Item No. 31 was added to the contract to provide compensation to the contractor for the additional Traffic Control, Traffic Striping and Railroad Insurance required to add the section of Civic Center Drive between Harbor Drive and Wilson Avenue to this years resurfacing project at the City's request. This section of Civic Center Drive has been added to the current project to extend (in terms of pavement condition) the newly redeveloped gateway to the Civic Center area of National City. This addition will extend new paving from Wilson Avenue to Harbor Drive. The pavement adjacent to the trolley tracks under the I-5 is planned for repair as part of this additional work. Railroad Insurance is required by MTDB anytime construction takes place within 15 feet of the trolley tracks. Traffic Control and Traffic Striping were both bid as lump sum items. Therefore the contractor has requested an additional line item to compensate them for the extra work to provide striping, traffic control and the required railroad insurance. The additional work to reconstruct, mill and pave this section of street will be paid for at the established contract unit prices and added to the contract as part of the quantity balancing change order at the end of the project. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $8,021.92 from the current contract price of $1,258,718.25 to a new contract price of $1,266,740.17. Page 1 CONTRACT CHANGE ORDER NO.4 2. The contract time is unchanged. The contract completion date was previously established as Wednesday, February 20, 2002. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Compensation for the additional striping and traffic control will include all of the requirements of the original specifications for these lump sum items. SRM Contracting and Paving will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. CHANGE ORDER SUMMARY: Item No. Item Unit Bid Qty. Unit Price Contract Amount Adjusted Contract Amount Extra Work Items from CCO #1 27 Demolition LS N/A $1,489.25 N/A $1,489.25 28 Construct New G3 Curb Inlet LS N/A $2,645.00 N/A $2,645.00 Total $4,134.25 $1,247,000.00 $1,251,134.25 Extra Work Item from CCO #2 29 9 Street Storm Drain Ad'ustment LS N/A $3,584.00 N/A $3,584.00 $1,251,134.25 $1,254,718.25 Extra Work Item from CCO #3 30 Olive Avenue S. -ed Hum .s LS N/A $4,000.00 N/A $4,000.00 $1,254,718.25 $1,258,718.25 Extra Work Items from CCO #4 31 Civic Center Drive Striping, Traffic Control and Railroad Insurance LS N/A $8,021.92 N/A $8,021.92 $1,258,718.25 $1,266,740.17 Page 2 CONTRACT CHANGE ORDER NO.4 RECOMMENDED FOR APPROVAL BY: Michael J. J/,ong, Associate Qivil EngieL Date APPROVED BY: Wayne F. Mello, Project Manager Date SRM Contracting and Paving Burton S. Myers Date Director of Public Works/Engineering City of National City Resolution Number Date Page 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. 9 �ITE_M_TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN" ENCROACHMENT AGREEMENT WITH THE FORMER EZ-SERVE STATION FOR INSTALLATION OF 4 GROUNDWATER MONITORING WELLS AT 1605 E. 4TH STREET ALONG 4TH STREET AND NATIONAL CITY PROPERTY PREPARED BY James Slade DEPARTMENT Engineering EXPLANATION George Ury the owner of the former EZ-Serve Station #100781 property located at 1605 E. 4th Street and ATC Associates, Inc. is seeking an encroachment agreement to install (4) groundwater monitoring wells within the public right of way and City of National City property along 4th Street East and West of Palm Avenue including south of 4th Street and "R" Avenue. In order to monitor the potential presence of total petroleum recoverable hydrocarbons (TPRH), Benzene (B) and Metyhyl Tertiary Butyl Ether (MTBE) impacted soil and groundwater. The installation and well monitoring shall be performed by ATC Associates, Inc. as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring well will be constructed of 2" and 4" diameter pvc pipe casing with a cement and bentonite slurry within a 10" diameter drilled boring with a total well depth of 115 feet, completed with a traffic rated, water resistant vault. A Faithful Performance Bond in the amount of $2,000 has been posted with the City of National City as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restripping and any required well head adjustment Environmental Review X N/A Approved By: Finance Director STAFF RECOMMENDATI Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Encroachment Agreement 2. Plat Map 3. Proposed Monitoring Well Drawings Resolution No. 2001-183 ,mob RESOLUTION NO. 2001 —183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH ATC ASSOCIATES, INC., FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS ALONG 4Th STREET EAST AND WEST OF PALM AVENUE INCLUDING SOUTH OF 4Th STREET AND "R" AVENUE WHEREAS, on December 4, 2001, the matter of an encroachment permit was presented to the City_ Council by the applicant ATC Associates, Inc. for the installation of four groundwater monitoring wells within the public right-of-way along 4th Street east and west of Palm Avenue including south of 4th Street and "R" Avenue; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City agreeing to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by ATC Associates, Inc. and directs the City Clerk to record the same. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: /- • 4: George H. Eiser, III City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure within a CITY Easement or right-of- way for the use and benefit of OWNER's property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorsements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the CITY, adjust or cause to adjust the top of the well on 6 NOTES EVW10W , if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of-way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on Serer Ne.re ascot prior to installation, or of any proposed relocation after the installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER or assign shall apply to the CITY Engineer of CITY for a construction permit, . prior to the installation of the well on Sas to tEl .dw and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall be no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense of repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of- way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, sucessor in interest, or assign shall notify the CITY in writing at least 48 hours prior to any intended monitoring and sampling of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY'S account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21 The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. AT�S yy�, � 4c- MU - 1q Wtt.t. BE IKST4�t.E9 1 ' � A VEKv6 4 1%AS1...)-l0 .. ., .. j'o1RT -k Sh% Mw -\3 " •' ' ` APE i.tu.ttyl µact t_ w►t.t_ rece try 14- aiaicv S—' w.‘t. aE (NSq-oLLeP /A t?M(i.Ktt j T e µtest` +�,a Lt_ PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: Oc be., 7-31 zoo Re �I k 1 Person in Re nsible Charge (prim name) (1/M92-/S/7 24 hr. Phone Number IC Asss �. 5%So 06ci1n., 17rrrc, 5. `1e Iob S4N ),-c50, cA 12.1 21 Mailing Address (6140 Ryz -/S17 Firm Name Phone Number P.S. Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. SA:jha2 encho ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIF. RNIA (y COUNTY OF -raw kV_,i-a-grl } } SS. On(c4t`.r-9x�.r.-... .3)A0 i before me, CPCat. Q_C -c.c•- CPA-411•- , personally appeared _ e -/�-d-�i.� (J y (or proved Jere- subscribed to the within instrument and acknowledged to me that h$/et e/they—executed the same in(hi / er/theirauthorize to me on the basis of satisfactory evidence) to be the and that b Thertlheic n the instrument th (al -acted, executed the instrument. WITNESS my hand and official seal. Signature (a} whos r the entity upon behalf of which the KAY A. GARCIA Conmrolon:1321510 Natty Public - CaaronM. San Diego County *Cann Exphes Sep 21,Zoos (This area for official notarial swill 414 R.e.Fo.,n IR11 QUESTIONS 1) What is the time of completion of drilling and well construction? 2) What is the time required to install each well? 3) How long will the wells stay in the street? 4) How long will the abandonment of the wells be? (time frame) 5) How often is the monitoring and sampling of the wells? 6) How long does it take to purge and sample each well? 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? 8) Who will be responsible for top of well head adjustment? Bond No SUR5231630 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FATTEIF L PERFORMANCE ENCOATAILMENEOZITIESEPESSENTSCITVir ATC Associates Inc of 5850 Oberlin Drive, Suite 106z__ San Diego, California aSPrincipal Q� erican G�arannye and Liability ,Q f )and7-ri cyrsn o a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and No J 100 Dollars ($ 2,000.00 ), for the payment whereof; well and truly to be made, said Principal and Surety bind themselves, their heirs, adirninistrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Construct three groundwater monitor wells and one air sparging/vapor extraction well in the public -right-of-way of the City of National City, CA. See Figures 9 and 11 for construction details. NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in. full force and effect. SIGNED AND SEALED this 17th day Of October 49 2001 APPROVED AS TO FORM: BY: GEORGE H. ETSER, In CITY ATTORNEY ATC Associates Inc. (Name of Principal) By: Title: American Guarantee and Liability (Surety) Insurance Company By: ram, G' 2 Attorney -in -Fact Donna M. Robie (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety shouldbesent: One Liberty Plaza 30th Floor New Ynrk_ NPw Ynrk 1non66 SURETY ACKNOWLEDGMENT State of: Massachusetts County of : Middlesex South On this 17th day of October of 2001 before me personally came Donna M. Robie to me known, who, being by me duly sworn, did depose and say that she resides at Natick, Massachusetts that he/she is the Attorney -in -Fact of American Guarantee and Liability Insurance Company the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors or said corporation, and that she signed his name thereto by like order. Public ACORQ, CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDD/YY) 10/16/2001 PRODUCER (508)655-0522 Carlin Insurance 233 West Central Street Natick, MA 01760 FAX (508)655-8853 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED ATC Group Services Inc. ATC Associates Inc. 5850 Oberlin Drive Suite 106 Sal Diego, CA 92121 INSURER A: Commerce & Industry (AIG) INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRS TYPE OF INSURANCE POLICY NUMBER POLICYAT(MMIDD/YY) DATEY(MINIM/Y�Y)N LIMITS A GENERAL UASILrrY COMMERCIAL GENERAL LIABILITY 417-87-02 08/01/2001 06/01/2002 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (My one fire) $ 500,000 CLAIMS MADE X OCCUR MED 2)(P (My one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n JECT [1 LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 505-36-20 08/01/2001 06/01/2002 COMBINED SINGLE LIMIT id (Ea accent) S 1, 000 , 000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per accdent) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 478-41-14 08/01/2001 06/01/2002 EACH OCCURRENCE $ 10, 000, 000 X OCCUR CLAIMS MADE AGGREGATE $ 10, 000, 000 DEDUCTIBLE RETENTION $ s _ $ S . A WORKERS COMPENSATION AND EMPLOYERS DABILITY WC938-72-89 08/01/2001 06/01/2002 X 70RYLIMITSi OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER Liability - Prof.A Claims Made 9526710 06/01/2000 06/01/2002 S10,000,000. Each Claim S20,000,000. Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: EZ Serve Location No.100781, 1605 East 4th Street, National City. Certificate holder is added as an Additional Insured as repsects the work performed at the referenced location. Professional Liability includes Contractors Pollution Liability, limit-S10,000,000. CERTIFICATE HOLDER J ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of National City Engineering Department James Slate 1243 National City Blvd National City, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT (GENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97) Phill Machugh ACORD CORPORATION 1988 L_.: I — NATIONAL GUARD ARMORY ,-GATE MW-B ARMORY PARKING LOT -3 GASOLINE STATION MW—la FORMER DISPENSER ISLANDS MW-1A MW— APPROX. SCALE 1"=100' fag PARKING LOT vfAS-1 Q►MW—a •MW-7 FOURTH STREET w—I; GRMNDER MUSIC HALL. 0 FIGURE 7 PROPOSED GROUNDWATER MONITOR WELL (MW-1A, MW-8, MW-9, AND MW-10) LOCATION MAP FORMER EZ SERVE STATION #100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA 92050 MW— PROJECT NO. 34.25827.0002 DATE 25 JULY 2CA1 DRAWN BY A. DOTY REVIEWED BY LEGEND MW-1 EXISTING MONITORING WELL WMC 11/80 MW-8$ PROPOSED MONITORING WELL —O FENCE UNE FORMER 10,000 GALLON UST ?toe.s P Me NI seRt�lc N1v TC Arc- ZooI . 8990 East Pima. Sups 116 Tiloson, Adgana 88712 ASSOCIATES INC. Fourth Street, National City, California I8L00I '0N U09e00-13AIDS 7-3 -t a -2.1 a- n o- n 0 r z a. 2 v, fr' 0 0 .71 Z000'LZ8SZ'£b h SKrol .e.� TRAPF•L ▪ V •ACCI.no rl C3 ��✓I�o2aQ.Y No ?n2.K'NG- Aczt... 125' >IE-E47�•—/5p4-15P4 rl v c rz cl2 CIS --T • • • , . r SR45 ., • • )2' • • • . • • . • • . .A 'fE H 9042,4R1 ,n/J PA(?...0 1`✓�]` 1Z5 --� 1A?E z POSTED SPE.E.D L•,4 NQft<F4i U*:Kr1ow N.1 -: ?E4. LENGT$1 /2 �Eq-ENp • GoNC 4- P2oposED McNiTo¢•rlCm- r_t_ C.o cyr • o •J (Mw .al) %1 EmP Go..srRNcTtoni G{ Z N4226.+1 L A E G 1 DErc' - Prt-1E011'i C.% 7.oA9 CA4STeuu10•4,Ai-4Eht, S24.5 KEEP ZGrtr (w/4.tw.w) (.4 (or) movie Rtu-sr -ro tEa r C.%3 SP4c-INCr F GoN£5 2 S t`>J s'fulc #40r Mt Arr T�8 Zoo' ("r) a)8(vr) +k Zs o ' --4 -r Fog NIE+Z -z sm./6 L ou.r1 o Al /Jo . /007* I r Li aso2 s-reas e • „ iocz ARC • VA.-«.4T �T450�/NE STAT1oI4 f 4STE7 $7EEP L 4 H r r J Av?RoM.1-1 SvcEP 1,1 O (-LP-3 -r 4?cx GWbrr/ SPcuMar of C0.4E, 5 I •1 CIS c.13 $ I" SPnu nIC- 5 Z000 cz8sz £6 0 i 0 r m • Co NE S1rrr►4 -1-RAFFIC- D,14.Ecrlo G!$ 7204.9 CoAs-n icrIo4 AHEe.9 G 13 6.149 C0a s 1?-o r164J G 4- LE /v7 PR9?*.sc9 ?19N ITo R %Nor- VJcI..- toc..rronl CrftW-10) 1?k4RR1td.96 2.a.r.r lr+ IS �• ) ►AvGT TWtt R,.Cs+Cr W "Pi- T► Q.'J—rRA.r.c. Key -cgs 1-6.¢-r DEPTH BELOW GROUND SURFACE (FOOT) 10-INCH DIAMETER DRILLED BORING 81' 84 85 115 NOT TO SCALE j7i'+Vi' + '+, 4. OI+ OI' O 40 4Ote,IT,1 4 OIL OI• I �� I�j�O `I ` • eefee 4.V j�OI.� l`I.�I: 4•A.4:I. `4: I•.W'•,.i.@Ie ...II�.� _ . Y e -6-4,4, o.�. jl OIp �OI�,� I4 PI4 O� +I.4 j OIL re I`4I.+4:40 I�.44.,,a`I ,4O,.j4,.. +ls�j s`, 4. e4249 ie:Ie •0104 , . • ', '•' .'.' •c .'•,' . ,' ,• ' . + _ . sue. • ,. , . '.•. , •.•. • I.• .''..' .. 't : .� ..... ,a. • ' • . ,4 . ' . • • ,' • . . • • .. GROUND SURFACE WATERPROOF VAULT, TRAFFIC RATED 4-1NCH LOCKING EXPANSION PLUG CEMENT/BENTOITE SLURRY, 81 FEET 4-INCH SCHEDULE 40 PVC,BLANK CASING, 85 FEET BENTONITE PELLET SEAL 3 FEET 4-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN, 30 FEET ESTIMATED DEPTH TO GROUNDWATER -95 FEET FILTER SAND, NO.3 MONTEREY OR EQUIVALENT, 31 FEET 4-INCH PVC END PLUG ESTIMATED TOTAL DEPTH, 115 FEET PROPOSED GROUNDWATER MONITOR WELL (MW-9, MW-10, MW-1 3) CONSTRUCTION DETAIL FORMER EZ-SERVE LOCATION No. 100781 RELEASE No. H12350-001 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0002-01 FIGURE 9 FILE NO. h:project6/ezeervel100781Ifig9 ASSOCIATES INC. DEPTH BELOW GROUND SURFACE (FOOT) 2 11 14 15 45 46 54 55 NOT TO SCALE GROUND SURFACE TRAFFIC RATED, WATER- RESISTANT VAULT CONCRETE SEAL, 2 FEET 3/8-INCH BENTONITE CHIPS LOCKING EXPANSION PLUG FILTER SAND NO.3 MONTEREY OR EQUIVALENT 4-INCH SCHEDULE 40 PVC,BLANK CASING 2 INCH SCHEDULE 40 PVC,BLANK CASING 4-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN ESTIMATED DEPTH TO GROUNDWATER 95 FEET BENTONITE SEAL 2-FEET BENTONITE 4-FEET GROUT 2-FEET BENTONITE FILTER SAND NO.3 MONTEREY OR EQUIVALENT 2-INCH SCHEDULE 40 PVC, BLANK CASING 2-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN BENTONITE SEAL : 2-FEET BENTONITE 4-FEET GROUT 2-FEET BENTONITE FILTER SAND NO. 3 MONTEREY OR EQUIVALENT 2-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN PROPOSED VAPOR EXTRACTION/AIR SPARGING WELL (YEAS-1 THROUGH VEAS-3) CONSTRUCTION DETAIL FORMER EZ-SERVE LOCATION No.100781 RELEASE No. H12350-001 1605 EAST 4TH STREET, NATIONAL CITY, CA PROJECT NO. 43.25827.0002-1 FIGURE 11 FILE NO. h=projeds/erserve/10078111g11 CVATC ASSOCIATES INC. 9620 Chesapeake DWe,311e 203 Sen Dego. Celfanie 92123 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4 2001 10 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING THE CONTRACT AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WITH CARRIER-JOHNSON ARCHITECTS TO PERFORM DESIGN AND CONSULTING SERVICES TO FINISH THE FIRST PHASE OF THE WORK REQUIRED TO COMPLETE THE LIBRARY BOND ACT APPLICATION FOR LIBRARY FUNDING PREPARED BY Stephen Kirkpatric 74" DEPARTMENT Public Works/Engineering Anne Campbell Library EXPLANATION See attached explanation. Environmental Review N/A Financial Statement A roved By: __. The fee agreed upon to perform t.e required services is $177,42 Funds have beerf or t lf—e first phase of the required work i •.pital Impr vement Project Account Numbers 001-409-500-51545 and 303-409-500-598-1545. Account No. _ STAFF RECOMMENDATI P AI% Adopt the Resolution that - r . oyes he contract' au$iorizes the Mayor to execute the contract with Carrier Johnson Architects to perform the consulting services as described. BOARD I COMMISSION RECOMMENDATION Two Library Board of Trustees participated in the interview process and agreed with the selection made by the committee. ( ATTACHMENTS ( Listed Below ) 1. Resolution 2. Carrier Resolution No. _2001-184_. EXPLANATION: In order to complete the requirements of the Library Bond Act Application, it is necessary to develop plans for the proposed library building through the Schematic Design Phase, including a very detailed cost estimate, which will be presented as part of the application. The application also requires extensive community needs -based justification of the library programs and goals that resulted in the design of the new library. In addition, the application requires that project site analysis be presented in detail. In order to complete the application package in such a way that makes it very competitive compared to other applications for the Bond funds, it is necessary to hire an Architect -led consultant team to perform the required work. The City advertised a Request for Qualifications (RFQ) to select a consulting firm to provide the required services for the application package. Twelve consulting firms submitted a Statement of Qualifications in accordance with the RFQ requirements. The twelve firms were: Carrier -Johnson Architects San Diego, California Gensler Santa Monica, California Hidell Arch-Pac Encinitas, California M.W. Steele Group, Inc. La Jolla, California Manuel Oncina Architects, Inc. La Jolla, California Martinez + Cutri Corporation San Diego, California NTD Architects San Diego, California Noll & Tam Architects Berkeley, California RNL Design Los Angeles, California Roesling Nakamura Architects, Inc. San Diego, California Safdie Rabines Architects San Diego, California Wheeler Wimer Blackman & Associates San Diego, California A selection committee consisting of City Librarian Anne Campbell, Assistant City Manager Park Morse, Assistant Director of Public Works/Engineering Stephen Kirkpatrick, and Management Analyst III Ryan Hyland reviewed the statements and decided to interview five of the firms. Two Library Board members sat in on the interviews. Carrier -Johnson, Inc. was the unanimous choice to provide the required services. They have provided architectural services to the City and to CDC previously and the quality of their work has been excellent. The selection committee then entered into negotiations with the selected firm and agreed upon the required Scope of Work and the corresponding fee. The Scope of Work is explained fully in Section 2 and Exhibit A of the attached contract. In summary, the scope of work involves all the work necessary to be finished prior to the March 5, 2002, election date in which the voters of National City will be asked if they support the selling of General Obligation Bonds to cover the City's required 35 percent match to the State's 65 percent contribution toward the library. The contract before you for consideration will complete approximately 2/3 of the work required to submit an application to the State for the 65% contribution toward the library's construction by March 5, 2002. As work progresses and the product is refined, we will bring forward an additional contract for architectural services, along with a funding recommendation, to complete the final 1/3 of the work. The application to the State is due June 14, 2002. RESOLUTION NO. 2001 -184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARRIER-JOHNSON ARCHITECTS TO PERFORM DESIGN AND CONSULTING ARCHITECTURAL SERVICES WHEREAS, the City desires to employ a consultant to provide architectural services; and WHEREAS, it has been determined that Carrier -Johnson Architects is a provider of such services and is qualified by experience and ability to perform the services desired by the City, and Carrier -Johnson Architects is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor to execute an Agreement with Carrier -Johnson Architects to provide architectural services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4'h day of December, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CARRIER JOHNSON, INCORPORATED THIS AGREEMENT is entered into this 4th day of December 2001 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Carrier Johnson, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide professional architectural services. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR keep CITY staff advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the Revised 52000 progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. Kevin Krumdieck thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and reimbursables, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the CITY's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. All work required by this contract will be completed by March 5, 2002 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Revised 5/2000 The CITY shall hold the CONTRACTOR harmless form any liability arising from any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during 3 Revised 5/2000 the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR has had no professional liability judgments made against then related to the professional performance of design services in the last five years. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to he provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly 4 Revised 5/2000 available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. 5 Revised 5/2000 C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change, ten (10) days for non- payment of premium. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement, except professional liability limits. I. Insurance shall be written with only California admitted companies that hold a current policyholder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 6 Revised 5/2000 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive 7 Revised 5/2000 such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 Mr. Gordon Carrier Principal Carrier Johnson, Inc. 1301 Third Avenue San Diego, California, 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 Revised 5/2000 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2000 Nov-29-Q1 OZ:S7P a IN WITNESS WTI EI EOF, the panics hereto have executed this Agreement em the date and year first above writtc CITY OF NATIONAL CITY By: George H. Waters. Mayor CONTRACTOR I3 Secretary/Asst. APPROVED AS TO DORM: George Il. Euer, III City Attorney Treasurer P.23 Xrvu+1 3/?Jmf EXNIBIT A CARRIER JOHNSON ARCHITECTURE INTERIOR DESIGN PLANNING CORDON R. CARRIER AIA MICHAEL C JOHNSON AIA WILLIAM C. BOCKEN AIA DEBORAH P F: LIOTr I,DA VRANK A. WOIi)SN 1397 1HIR1 AV:NIIF SAN DIEGO CAI IIORN:A 9110I it, 619 139 2353 OAK 619 239 OM 2600 NICHE:S0111R '.DI*E 400 IRYINE ( ALIV ORNIA S1611 :VI 949 93J 2353 VAA 949 955 2977 nww , nn,lgo lv,ar. com November 28, 2001 Mr. Stephen Kirkpatrick Assistant Director of Public Works CITY OF NATIONAL CITY, ENGINEERING DEPARTMENT 1243 National City Boulevard National City, CA 91950 RE: City of National City Public Library Library Planning & Conceptual Design, Phase 1 Professional Architectural Services Proposal Dear Steve, Thank you again for selecting us to design your new Library. We are honored and privileged to serve the City for this important project. We have revised the scope of our 11/26/01 fee proposal per your request. We have included only the costs for work that is necessary prior to March 5, 2002 to keep the submission process on schedule. We understand the remainder of our fees necessary to complete the conceptual design and application will be handled by a subsequent contract. We plan to complete our design services in three phases. This phase consists of the work required to partially prepare documents for a California State Proposition 14 — Library Bond Act Application. We will follow up with a 2' proposal for the remainder of effort to provide the City with a completed Application. Upon the City's receipt of a Grant award we will complete Phase 3 services, which includes the remainder of design and construction related services. Pulling the fees together on short notice with very little site information has been a bit of a challenge. The attached fees are our best estimation of the scope of work you will require. Some of the consultants had to make quick scope assumptions that need to be validated. Also, we have provided allowances where necessary to cover anticipated scope items. SCOPE OF WORK Carrier Johnson will provide the City with the following information. The following research effort will be put on hold once completed in a draft form until after the local election. 1. Project Identification, Type of Project, Project Planning Information 2. Site Information A. Site Description that includes: Size, Drainage, Geo-technical Report, Utilities, Site Development, Environmental Documentation- CEQA, Boundary and Topographic Survey. 3. Financial Information A. Normal Public Construction Costs/Cost Estimates C R ffOR.ER ARCI.11!:' Mr Stephen Kirkpatrick City of National City, Engineering Dept. November 28, 2001 Page 2 4. Project Timetable A. Timetable for Design and Construction 5. In progress Conceptual Design for the new Library A. Site Plans B. One -line Floor Plans C. Exterior Elevations 6. Library Facilities Master Plan Provide the relationship of project to other existing or planned library facilities in National City. The NCL has the primary responsibility for this task. 7. Accessibility Plan A. Accessibility of proposed site: equal access; public transit access; pedestrian and bicycle access; automobile access; parking and parking rationale. 8. Visibility and Community Context & Planning A. Visibility and community context of proposed library. 9. Site Selection A. Site selection process. 10. Partial recording of existing library and new library site. 11. Library Needs Assessment A. Develop a community library needs assessment that includes: Plan methodology, Conduct community group interviews, Conduct focus group meetings, Community analysis, Library service needs, Service limitations of existing library facility, Physical limitations of existing library facility, Space needs assessment. 12. Library Building Program A. Assist with completion of building program 13. Library Plan of Service A. Assist with adapting current Plan of Service to new library that includes: Mission statement, Goals and objectives, Types of services to offer, Technology plans. The NCL has the primary responsibility for this task. FEE ASSUMPTIONS 1. Carrier Johnson's team will start to prepare the documents necessary for submission to the State Library Bond Act application based on the current information available (10/19/01 regulations). If subsequent modifications of the Public Library Construction and Renovation Bond Act of 2000 requires substantially different or more numerous submission requirements than outlined in this Mr Stephen Kirkpatrick City of National City, Engineering Dept. November 28, 2001 Page 3 proposal, Carrier Johnson fees will be adjusted equitably based on the additional effort. 2. The City will provide all library facility information, city demographics, site title and other related documents for Carrier Johnson's use on a timely basis. The City will also provide all required legal documents (joint use cooperative agreements, appraisals, title to property, etc) required to be submitted for a complete application. 3. We have allowed $5,000 for starting the production process of a video, which provides a visual record of the existing library and new site due to the limited time to prepare this fee. It is possible that this work could be performed by Library volunteers (as being done by other bond applicants) and may be deducted from our fee. The exact cost will have to be established after photographic quality, content extent, and scripting requirements are clarified by the City. 4. The site has been cleared and re -mediated of contaminated soil in accordance with prevailing environmental laws. We have attached a description of scope for our consultant's environmental analysis. They had initial conversations with National City — CDC, which established that an initial study and negative declaration can be achieved simply. Please realize that the completion of this task is outside of the design team's control in terms of what level of review will be required. Further studies could be required by the lead agency, which would require much more extensive fees. 5. No offsite public improvements (streets, signals, or utilities) have been anticipated within this fee proposal. The design team assumes the existing infrastructure will support this project. If improvements are discovered to be necessary, Carrier Johnson fees will be adjusted equitably based on the additional effort. 6. Carrier Johnson will develop "limited" concept presentation materials for City review and for submission to the Bond Application review board. Presentation materials planned to be provided are as follows: a. Initial site plan illustrating paving, landscape, and plaza concepts. b. Initial building floor plans. c. Small scale form model of the building site, which shows how the building fits the site. Artist renderings, detailed physical site models, or CAD 3D (virtual) models are not within the scope of this proposal. They can be provided as additional services if the need arises. 7. Per National City's request, Carrier Johnson will provide surveying and preliminary geo-technical work for the defined site (1401 National City Boulevard) on the City's behalf. However, we can not be responsible for damage to underground utility lines and structures, vegetation, and/or archaeological sites that are not accurately shown on existing City maps or private utility maps. FEE SUMMARY PROFESSIONAL FEES Discipline Et Task Hours Average Rate Fee Amount Subtotal 1 Architectural Project management Si packaging 43 140 $ 6,020.00 Program Analysis 60 105 $ 6,300.00 Site Design 150 105 $ 15,750.00 Plan Layout/ Space Planning 160 95 $ 15,200.00 Building Massing/ Elevations Et Sections 180 105 $ 18,900.00 Meetings/ Presentations 36 140 $ 5,040.00 $ 67,210.00 Mr Stephen Kirkpatrick City of National City, Engineering Dept. November 28, 2001 Page 4 2 Draft Info for Grant Application Community Needs Assessment 160 100 $ 16,000.00 City -School Cooperative Agreement 35 100 $ 3,500.00 Plan of Service 80 100 $ 8,000.00 Program Development 75 100 $ 7,500.00 $ 35,000.00 3 Environmental Assessment Initial Study/Negative Declaration 54 90 $ 4,860.00 $ 4,860.00 4 Civil Engineering Survey- Topo and boundary 129 85 $ 10,965.00 $ 10,965.00 5 Preliminary Geotechnical Report Fieldwork/ Borings 37 90 $ 3,330.00 Lab testing 13 100 $ 1,300.00 Recommendations 17 120 $ 2,040.00 $ 6,670.00 6 Structural Engineering Concept plans 80 100 $ 8,000.00 $ 8,000.00 7 Mech, Plumbing, Fire Protection Engineering Mech concept 70 80 $ 5,600.00 $ 5,600.00 8 Electrical and Telcom Engineering Concept for Electrical, Lighting, Technology 36 100 $ 3,600.00 $ 3,600.00 9 Landscape Architecture Concept landscape plan 40 85 $ 3,400.00 $ 3,400.00 10 Cost Estimating Initial project budget benchmarking 24 105 $ 2,520.00 $ 2,520.00 11 Video Production Strategy Allowance $ 5,000.00 $ 5,000.00 12 Carrier Johnson coordination fee $ 18,000.00 $ 18,000.00 TOTAL PROFESSIONAL FEES UP TO 3/5/02 $ 170,825,00 REIMBURSABLE EXPENSE ESTIMATE Local travel, deliveries $ 800.00 Draft printing, $ 1,000.00 Report reproduction $ 500.00 Drawing plotting and printing $ 1,000.00 Postage, FAX, phone, mailers $ 600.00 Model materials, boards, etc $ 800.00 Graphics $ 1,000.00 Miscellaneous $ 900.00 TOTAL REIMBURSABLE EXPENSE UP TO 3/5/02 S 6,600.00 Mr Stephen Kirkpatrick City of National City, Engineering Dept. November 28, 2001 Page 5 METHOD OF COMPENSATION: Carrier Johnson shall provide a monthly statement of amounts due for Basic Services, Additional Services and Reimbursable Expenses relative to the work performed during the previous billing period. Amounts billed shall be due upon presentation and shall be considered delinquent if not paid within thirty (30) days from the billing date. Amounts due and unpaid shall bear interest, from the date payment is due, at the prevailing Union Bank of California prime rate plus 2% per year. Amounts due and unpaid within sixty (60) days from the billing date shall be assessed a service charge of $50.00 per month until payment is made, in addition to the interest on the unpaid balance, and work on the Project shall be stopped unless approved in writing by Carrier Johnson. REIMBURSABLE EXPENSES Reimbursable expenses include, but are not limited to: CADD plotting, reprographics, reproduction, and photographic work done out of office, mileage from Architect's office to National City, and messenger or delivery service charges. We have provided our best estimate of what these services may cost in the Fee Summary section above. All reimbursable expenses will receive a (10%) administrative mark-up. FINAL AGREEMENT In preparing the fees, we have made sure that each consultant's effort is limited to that which is needed until March 5, 2002. We have derived the fee based on our best knowledge of the project's specific needs up to this interim milestone. We hope this proposal meets your needs and can be approved as submitted so that a contract can be prepared quickly for City Council approval and execution. Please let us know if you have any questions regarding the submitted information, or if you need anything else. Sincerely, CARRIER JOHNSON rrier, President Charge chments: Hourly rate schedule RECON scope of services Kevin L Krumdieck, Senior Associate Senior Project Manager Hourly Rate Schedules Carrier Johnson Effective August 1, 2000 Title Hourly Billing Rate Managing Principal $195.00 Principal / Director $165.00 Senior Project Manager / Senior Project Designer $140.00 Project Architect I / Project Designer / Interior Designer $95.00 Architect / Job Captain / Designer $80.00 Jr. Designer II / Technical Support $70.00 Jr. Designer I / Administrative Support $60.00 G.E.M. Engineering Inc. Mechanical Engineer Title Hourly Billing Rate Principal $150.00 Associate $120.00 Project Manager $100.00 Project Engineer $85.00 Designer $65.00 CAD Operator $55.00 Johnson Consulting Engineers, Inc. Electrical Engineer Title Hourly Billing Rate Principal Engineer $135.00 Principal Technology Designer $110.00 Senior Engineer $ 98.00 Senior Designer/Engineer $ 88.00 Designer $ 78.00 Senior Draftsperon/Senior CAD Operator $ 68.00 Draftsperson/CAD Operator $ 58.00 Word Processor $ 50.00 KPFF Consulting Engineers, Inc. Structural Engineer Title Hourly Billing Rate Principal $125.00 Project Manager $100.00 Project Engineer $ 80.00 Design Engineer $ 65.00 Senior Drafter $ 75.00 Junior Drafter $ 55.00 Administrative/Secretary $ 35.00 Lintvedt, McColl & Associates Civil Engineer Title Hourly Billing Rate Principal Engineer/Surveyor $155.00 Senior Engineer/Surveyor $110.00 Project Engineer/Surveyor $102.00 Associate Engineer/Surveyor $ 90.00 Assistant Engineer/Surveyor $ 78.00 Junior Engineer $ 70.00 Technician IV $ 90.00 Technician Ill $ 80.00 Technician II $ 70.00 Technician I $ 60.00 Engineering Aide $ 50.00 Clerk/Word Processor $ 55.00 Two -man Survey Crew $160.00 Three-man Survey Crew $225.00 Two -man Survey Crew (Prevailing Wage) $185.00 Three-man Survey Crew (Prevailing Wage) $270.00 Cumming, LLC Cost Estimator Title Hourly Billing Rate Principal $180.00 Principal/Managing Director $135.00 Director Estimating $110.00 Director of Scheduling $110.00 Senior Estimator $102.00 Estimator $ 95.00 Estimating Technician - E5 $ 75.00 Secretarial - Data Input-A-1 $ 40.00 Garbini & Garbini Landscape Architect Title Hourly Billing Rate Principal Landscape Architect $105.00 Landscape Architect II $ 81.00 Landscape Architect I $ 72.00 Project Manager III $ 57.00 Project Manager II $ 52.50 Project Manager I $ 49.00 Designer $ 42.00 RECON Environmental, Inc. Environmental Engineer Title Hourly Billing Rate Principal $127.00 Senior $ 99.00 Research Assistant $ 50.00 GIS Specialist $ 52.00 Production Supervisor $ 53.00 The Fromm Group Needs Assessment Title Hourly Billing Rate Project Manager $120.00 Library Specialist $100.00 Senior Editor $110.00 Lead Planner/Writer $ 95.00 Geocon Geo-technical Engineer Title Hourly Billing Rate Principal Engineer/ Geologist $160.00 Senior Project Engineer/ Geologist $105.00 Engineering Field Technician $ 63.00 Word Processor/ Draftsman $ 52.00 1. Consultants are billed with a 20% mark-up to cover CI additional time associated with coordinating their services. 2. The above rates are not expected to change due to the limited timeframe of this phase of the project. If this phase is extended, these rates are subject to revision. National City Library City of National City Library Initial Study/Negative Declaration Scope of Work RECON proposes to prepare an Initial Study and Negative Declaration for the relocation of the City of National City Library. A detailed scope of work for these tasks is provided below. initial Study/Negative Declaration 1. Prepare the California Environmental Quality Act (CEQA) Initial Study (IS)/Negative Declaration (ND) for the project using the State Clearinghouse checklist format. An explanation of the conclusion for each issue will be provided. The checklist will address all components of the library relocation project. It is anticipated that there will be no significant unmitigated effects of the project. 2. Prepare revisions to the IS/ND based on comments from the City. 3. Prepare 25 copies of the draft IS/ND for public review. 4. Distribute 15 copies of the draft IS/ND to the State Clearinghouse. 5. Prepare the Mitigation Monitoring and Reporting Program (MMRP), if necessary, and responses to comments on the ND and revise based on comments from the City. Responses will be prepared to comments that do not raise significant new issues. 6. Provide 10 copies of the final Initial Study/ND, MMRP, and distribute copies as requested by the City. Also provide to the City a reproducible master and electronic files of the final documents. 7. Attend two project team meetings. 8. Attend one City Council Hearing and one Planning Commission Hearing. 1 111 IKON NATIONAL CITY PUBLIC LIBRARY PROJECT Phase 1 schedule CARRIER JOHNSON as of 11/26/01 ID f Task Name Duration Start Finish 2002 Dec Jan 1 Feb Mar 1 E NOTICE TO PROCEED 1 d 12/4/01 .I 12/4/01 2 3 NEEDS ASSESSMENT 5.71 w 12/5/01 1/29/02 4 Joint venture strategy with schools 4 w 12/5/01 1/11/02 5 Community input process 10 d 12/5/01 12/18/01 6 Community analysis 10 d 12/5/01 12/18/01 Et ^ it. r 111 7 Library service needs 5 d 12/19/01 12/25/01 8 Library service limitations 5 d 12/19/01 12/25/01 9 Space needs assessment 10 d 12/26/01 1/8/02it 10 Site selection process substantiation 2 w 1/9/02 1/28/02 11 Draft Needs Assessment document 15 d 1/9/02 1/29/02ill 12 13 PLAN OF SERVICE 4.29 w 1/9/02 2/19/02 14 Mission statement 5 d 1/9/02 1/15/02 15 Goals and objectives 5 d 1/16/02 1/22/02 16 Types of service 10 d 1/23/02 2/5/02 17 Technology 5 d 2/6/02 2/12/02 18 Draft Plan of Service document 5 d 2/13/02 2/19/02 19 20 BUILDING PROGRAM (Edit of NCL program) 3.14 w 1/9/02 2/7/02 21 Document organization 2 d 1/9/02 1/10/02 22 General Requirements 5 d 1/11/02 1/17/02 23 Spatial Relationships 10 d 1/11/02 1/24/02 24 Facility space requirements 5 d 1/18/02 1/24/02 25 Space descriptions 15 d 1/18/02 2/7/02 + - 26 27 SCHEMATIC DESIGN 3.57 w 1/29/02 3/4/02 28 Siting alternatives 10 d 1/29/02 2/11/02ilk 29 I— Plan development 15 d I 2/12/02 3/4/02 2/12/02 3/4/02 30 Massing model development 15 d Page 1 City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 MEETING DATE AGENDA ITEM NO. (ITEM TITLE RESOLUTION TO EXTEND THE NATIONAL CITY ABANDONED VEHICLE ABATEMENT PROGRAM AN ADDITIONAL TEN YEARS PREPARED BY W. C. Strasen DEPARTMENT POLICE DEPARTMENT Sergeant EXPLANATION Request the Council of the City of National City to adopt a resolution pursuant to Senate Bill 106. Senate Bill 106, chaptered on August 13, 2001, amended California Vehicle Code sections 9259.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years. In order for the registration fees to be extended, Senate Bill 106 requires a county's board of supervisors, by a two-thirds vote and the cities with the majority of the incorporated population within the county to adopt resolutions approving an extension of the registration fees. Without an extension of the registration fees, authority for the registration fees will expire in April 2002, and the City will be unable to recover a significant portion of the costs of abating nuisance vehicles, BACKGROUND Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicle Abatement Service Authority ("AVASA") in 1991 and the imposition of a $1 fee on vehicles registered in the County of San Diego. These sections impose an additional $2 fee on commercial vehicles registered in the County of San Diego, effective December 31, 2001. These registration fees are used exclusively for the abatement, removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or parts as public nuisances, on private or public property. 11 Environmental Review Financial Statement During FY 2000/2001, National City received $143,000 in distribution registration funds, which covered 100% of the $32,000 in program reimbursement claims. National City currently has approximately $365,000 in the AVASA reserve account. Account No. STAFF RECOMMENDATION _ NiA %Y�• iY) BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS I Listed Below ) Proposed City Resolution Resolution No. 2001-185 J RESOLUTION NO. 2001 -185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TEN YEAR EXTENSION OF THE SERVICE AUTHORITY FOR THE ABATEMENT OF ABANDONED VEHICLES WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code authorized the establishment of the San Diego County Abandoned Vehicle Abatement Service Authority ("AVASA") in 1991 and the imposition of a $1 fee on vehicles registered in the County of San Diego; and WHEREAS, these sections impose an additional $2 fee on commercial vehicles registered in the County of San Diego, effective December 31, 2001; and WHEREAS, these registration fees are used exclusively for the abatement, removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or parts as public nuisances, on private or public property, to combat neighborhood blight and decay; and WHEREAS, the City of National City, along with the County of San Diego and the majority of cities in the County, is a member of AVASA; and WHEREAS, in FY 2001, the City of National City received $143,000 in registration fees from AVASA, which paid 100% of the City's costs of abating nuisance vehicles; and WHEREAS, Senate Bill 106, chaptered on August 13, 2001, amended California Vehicle Code Sections 9250.7 and 22710 to allow for the extension of the registration fees in increments of up to ten years; and WHEREAS, in order for the registration fees to be extended, Senate Bill 106 requires a county's board of supervisors, by a two-thirds vote, and the cities with the majority of the incorporated population within the county, to adopt resolutions approving an extension of the registration fees; and WHEREAS, without an extension of the registration fees, authority for the registration fees will expire in April 2002, and the City will be unable to recover a significant portion of the costs of abating nuisance vehicles. — Signature Page to Follow — Resolution No. 2001-185 December 4, 2001 Page Two NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of National City that the registration fees imposed on vehicles registered in the County of San Diego are extended for ten years from the date of the approval of this Resolution, in accordance with California Vehicles Code Sections 9250.70 and 22710. PASSED and ADOPTED this 4th day of December, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Georriser, III g City Attorney /01,.. . George H. Waters, Mayor .iAEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION APPROVING CONTRACT WITH DATA TICKET, INC., FOR THE PROCESSING OF BAILS, FINES AND FORFEITURES THEREOF IN CONNECTION WITH THE ISSUANCE OF CITATIONS FORE ILLEGAL PARKING PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACTS. PREPARED BY Alison Hunter EXPLANATION Please see attached. DEPARTMENT Finance CEnvironmental Review N/A Financial Statement Costs to be paid from parking citation revenues. Approved By: Finance Directo Account No. STAFF RECOMMENDATION We recommend that the Council authorize the Mayor to execute the agreement with Data Ticket. BOARD / COMMISSION RECOMMENDATION >ATTACHMENTS ( Listed Below } Resolution No. 1. Resolution. 2. Agreement. 2001-186 Explanation: We would like to enter into an Agreement with DataTicket, Inc. for our new ticketing process to include the processing of bails, fines and forteitures in connection with the issuance of parking citations for illegal parking. We will no longer need a staff person to maintain Spectrum software or process Administrative Reviews. Staff will no longer receive phone inquiries or walk-in customers. Data Ticket, Inc. will handle everything related to the administration of the ticket process. DataTicket, Inc.'s phone number, address and website will be printed on all tickets. The Finance Department and clients will have access to ticket information on the web. Since we will be uploading ticket information directly to Data Ticket, Inc., they are going to reduce our per item process fee from $1.25 to $1.05. The only other new service I am proposing is the processing of Administrative Review Applications. Data Ticket, Inc. will charge .35 cents per item. Other than the attached start-up costs, the only additional cost we will incur is a monthly service fee of $50. The services Data Ticket, Inc. will be providing include: Parking Citation Processing Services: Daily processing and collections. This is the service they currently provide. Revenue Recovery: Delinquent processing and collections. This is a service they currently provide. Equipment: Palm Pilot Ticket Writers and Printers. Internet Service: Individuals will be able to look up ticket and payment information on the web. Code Enforcement: No need for National City to handle phone inquiries. No need for the City to spend time on data entry and tracking. AB408 Adjudication: Any violator wishing to contest a parking cite will call a Toll Free 800 number. The violator will be scheduled for an Administrative Review. Currently, we accept these forms and send to the Police Department. They are often not processed timely, they stack -up at PD or on a Patrol Officer's desk. Data Ticket, Inc. will handle the Administrative Review and Hearing, if any. • Page 1 RESOLUTION NO. 2001 - 186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DATA TICKET, INC., FOR THE PROCESSING OF BAILS, FINES AND FORFEITURES THEREOF IN CONNECTION WITH THE ISSUANCE OF CITATIONS FOR ILLEGAL PARKING PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA WHEREAS, the City desires to employ a consultant to provide a parking management and adjudication system and handheld ticket writers; and WHEREAS, it has been determined that Data Tickets, Inc., is a provider of such services and is qualified by experience and ability to perform the services desired by the City, and Data Tickets, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Mayor to execute an Agreement with Data Tickets, Inc., for the processing of bails, fines and forfeitures thereof in connection with the issuance of citations for illegal parking pursuant to the laws of the State of California. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4di day of December, 2001. George H. Waters, Mayor ATTEST: Michael Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DATA TICKET, INC. THIS AGREEMENT is entered into this 4th day of December, 2001, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DATA TICKET, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a parking management and adjudication system and handheld ticket writers. WHEREAS, the CITY has determined that the CONTRACTOR is a provider of such services and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR The CITY hereby agrees to engage the CON TRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work -and shall not rely on personnel of the CITY for such services,- except as -authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Alison Hunter hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to Revised 52000 provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Marjorie Fleming thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit B shall not exceed the schedule given in Exhibit B (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. "Purposely left blank" 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the 2 Revised 5/2001 CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES. PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless'QllcttneQ"ttrwriting prior to the -date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmaental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique produets;-treatinants, Processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time, 3 Revised 5/2001 12. LION -DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this` condttltstr, pursuant to the provfstotfs`of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement; except as to any claim, liability or damages arising out of the City's sole negligence, gross negligence or willful misconduct. 4 Revised 5/2001 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation br i`riaterial change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years -after expiration of the term-(anttaityextensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to 5 Revised 5/2001 treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written nonce to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and 6 Revised 5/200I be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Tom G. McCabe City Manama City of National City 1243 National City Boulevard National City, CA 91950 Marjorie Fleming Data -Tick -et, hie. 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 7 Revised 5/2001 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 Revised 5/2001 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of(this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DATA TICKET, INC. (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 9 By: Revised 5/200 t Exhibit A Scope of Service and Performance These services are provided by: MSB/Data Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (hereinafter sometimes referred to as "COMPANY") FOR: THE CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 92050 (hereinafter sometimes referred to as "PUBLIC ENTITY"). MSB/Data-Ticket intends to provide for the processing of bails, fines and forfeiture thereof, in erection with the issuance of citations for illegal parking pursuant to the laws of the State of California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process parking citations which COMPANY shall receive from PUBLIC ENTITY. COMPANY will provide a reconciliatlti of the number of citations received from PUBLIC ENTITY. 1.2 Determination of Processable Citations: COMPANY shall screen the parking citations referred to it by PUBLIC ENTITY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to PUBLIC ENTITY within seven (7) days of receipt, by COMPANY'S office, for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the PUBLIC ENTITY as unprocessable. 1.3 Collection and deposit of funds: A "direct deposit' system shall be employed for all funds received in payment of citations. The PUBLIC ENTITY shall own the account and deposits shall be made directly into the account by the COMPANY for the collecting PUBLIC ENTITY. The COMPANY will invoice the PUBLIC ENTITY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 12% (or lower if any statutes, rules or regulations prohibit this rate). 1.4 Identification of Registered Vehicle Owners: COMPANY shall exert best efforts to obtain the name and address of the registered vehicle owner from the California State Department of Motor Vehicles (DMV) and DMV'S nationwide, for each vehicle for which a parking citation has been issued, but payment has not been received within the required time period. COMPANY shall follow all procedures specified by the DMV, and be consistent with the California Vehicle Code and DMV'S nationwide, when identifying registered vehicle owners. 1.5 Verification of Ownership: COMPANY will take reasonable measures to identify and verify registered vehicle owners. Such measures will take into consideration factors such as issuance of new license plates; address changes; license plate transfers to other vehicles; name changes; -and the validity of plates and registration during specific time periods applicable to individual cases. 1.6 Delinquency Notices: In accordance with State law COMPANY will generate and mail (presorted, first-class postage) no sooner than twenty-one (21) days of the citation issuance date, a delinquency notice to all identified registered owners of vehicles who fail to pay their parking citation fines or to post bail in the required manner. The mailed notice will include all information required by the California Vehicle Code, including, but not limited to, the following: A. The parking citation issuance date and number, B. The consequences ofnonpaymment (i.e., a hold on the vehicle registration and the imposition of penalties, towing, or issuance of a possible warrant for their arrest; and C. The amount of fines and fees due and payable D. Affidavit of Non -Ownership 1:7 -Registration-Molds: The OMPANV-will provide the system and procedures and will interface with the California State Department of Motor Vehicles to place a hold on vehicle registrations having unpaid parking fines and fees due against those vehicles in accordance with the California Vehicle Code and any other applicable State and local laws. The notification will be given within a reasonable period of time after issuance of a delinquency notice. The period of time will not exceed the time limits provided by state law. 1.8 Removal of Registration Holds: COMPANY will provide the system and procedures and will interface with the California State Department of Motor Vehicles to remove registration holds when a registered vehicle owner satisfies the entire amount of parking citation fines, penalties, and fees due against the vehicle and establishes such payment to the satisfaction of COMPANY. 1.9 Contested Citations: In the event a registered vehicle owner disputes the liability for the outstanding parking citation, COMPANY will advise the registered vehicle owner of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the hearing administrator within the prescribed time period so that the matter can be adjudicated. (CVC 40200.7 & 40215) 1.10 Administrative Review and Hearing: The COMPANY will schedule administrative reviews and hearings to respond to parking violators wishing to contest their citations, and offers the option to hold and administer those reviews and hearings. The COMPANY will provide a toll -free 800 number for contestants to call, correspond with contestants and may notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as required. The COMPANY shall not be responsible for the PUBLIC ENTITY'S failure to provide correct or timely infraction information. The PUBLIC ENTITY shall be responsible to pay the $25.00 court filing fee, if the Review and Administrative Hearing decisions are overturned by the Court. 1.11 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, parking citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellations of parking citations as a result of hearing/court action. Parking citations which are dismissed as a result of hearing/court action, will have the dismissal processed by the COMPANY promptly after receipt from the Hearing/Court. 1.12 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the PUBLIC ENTITY. COMPANY will promptly return any citation or facsimile properly requested by the PUBLIC ENTITY. COMPANY will maintain records indicating any suspension of citation as a result of PUBLIC ENTITY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the PUBLIC ENTITY 1.13 Payments by U.S. Mail: The postmark date will be the criteria to establish any delinquent fees due. 1.14 Parking Citation System Master File Update: COMPANY will regularly update the parking citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for at least two (2) years, for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct bail, paid on or before the due date. (This includes payments properly complying with prior Notices -of -Intent). "Partial Payments" are citations paid after the due date, or if the defendant has paid less than the amount of bail due. A Notice -of -Intent, or a postcard will advise defendant of late charges and/or incorrect bail. In such cases, COMPANY, in its discretion, may return the original check to the sender. "Court/Hearing Requests" are all requests for administrative/court hearings by defendants. These requests are sorted so that bail submitted is immediately posted, and if needed the original citations are retrieved. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will beiesearohed-by COMPANY for -proper follow-up. 2.4 Batching Procedures: COMPANY shall maintain an effective method of internal control procedures. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of two (2) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, effective internal control procedures shall be implemented to reconcile such payments. Using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in triplicate, allowing one (1) copy for the PUBLIC ENTITY and one (1) copy for the COMPANY. All deposits shall be directly deposited into the PUBLIC ENTITY'S designated bank account. PUBLIC ENTITY will supply deposit slips and endorsement stamp to COMPANY. COMPANY shall only have the capability to make deposits on behalf of the PUBLIC ENTITY. 2.7 Revenue Report: A monthly revenue report will list all revenues received during the preceding month. This report will also provide information regarding the PUBLIC ENTITY'S responsibility to the County for the Jail and Court fund as required by Sections 40200.3 (a) of the California Vehicle Code. ARTICLE III - GENERAL 3.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non -judicial nature. Inquiries of a judicial nature will be referred to the PUBLIC ENTITY for determination. 3.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without PUBLIC ENTITY'S prior approval. 3.3 Use of Approved Forms: PUBLIC ENTITY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State and local law. 3.4 Books and Records: COMPANY will maintain adequate books or records for parking citations issued within the PUBLIC ENTITY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by PUBLIC ENTITY at the COMPANY'S 1OCation at reasonable tires upon adequate prior notice to COMPANY. 3.5 Ownership: All reports, information, and data, including but not limited to computer tapes or discs, files, and tapes furnished or prepared by the COMPANY or its subcontractor (collectively the "Materials") are and shall remain exclusively the sole property of COMPANY, and the PUBLIC ENTITY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the PUBLIC ENTITY shall acquire no right or title to said Systems. 3.6 Property of PUBLIC ENTITY: All documents, records and tapes supplied by PUBLIC ENTITY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of PUBLIC ENTITY. COMPANY agrees to return same promptly to PUBLIC ENTITY no later than forty-five (45) days following notice to the COMPANY. The PUBLIC ENTITY shall make arrangements with COMPANY for the transmission of such data to the PUBLIC ENTITY upon payment to COMPANY of the cost of copy and delivery of such tape from COMPANY'S computer facilities to PUBLIC ENTITY'S designated point of delivery, plus any open invoices. 3.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the PUBLIC ENTITY'S employees information contained in the Materials and Systems.(collectively the "CONFIDENTIAL DATA"). The PUBLIC ENTITY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the PUBLIC ENTITY by COMPANY shall be retained by PUBLIC ENTITY in the strictest confidence and shalt not be used or disclosed in any form except in accordance with paragraph 3.8 hereinbelow. The PUBLIC AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA which is related to its business and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 3.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of PUBLIC ENTITY other than individuals or organization who are reasonable necessary to properly effectuate the terms and conditions of this agreement. This Non -Disclosure obligation_shall survive the Termination of this Agreement. 3.M- OMl9Ai4Y Files: COMPANY shall maintain master files on parking citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and any other pertinent information required to provide a reasonable audit trail. 3.10 Stage for PUBLIC ENTITY: A. COMPANY agrees to store original citations for three (3) years, at which time they will be returned to PUBLIC ENTITY. COMPANY will have such information available on system or magnetic tape data for PUBLIC ENTITY'S parking citations for a reasonable time period to permit PUBLIC ENTITY retrieval of such information. PUBLIC ENTITY relieves COMPANY of all liability costs associated with data released by PUBLIC ENTITY to any other person or entity using such data. _ B. Subsequent to the termination of the contract, COMPANY will return hard copy to the PUBLIC ENTITY. If requested, a magnetic tape of its processed data will be provided for a fee of seventy-five Dollars ($75.00) per magnetic tape. ARTICLE IV - CONTRACT PRICE 4.1 Basis for Fee Structure: The fee structure hereinafter provided shall be based on the combined parking citation volume. 4.2 Basis of Fee Computation: The fee due and payable to COMPANY will be computed on a per parking citation basis and will be based on the issuance date of the citation. Each parking citation assigned to COMPANY for processing shall be utilized in computing the base for the total fee. Once the initial fee has been charged for a parking citation, no additional costs can be charged by COMPANY to pursue collection except as defined in Article III, Section 3.10b; Article IV, Section 4.4 and 4.5, of this Agreemen 4.3 Rate:P.lease_see Exhibit B.for costs. AB 408 OPTION: ALL SERVICES PROVIDED BY MSB/DATA TICKET, INC: If this optiottgis selected, the fee of for the term of this Agreement is for scheduling Administrative Reviews, Administrative Hearings and Court appearances arid —notifying PUBLIC ENTITY confestanTs by phone and in writing. The fee for hearings is: per hour. The PUBLIC ENTITY shall be responsible to pay the $25.00 Court filing fee, if the review and administrative hearing decisions are overturned by the Court. Please see Fee Schedule for costs. 4.4 Other Fees: COMPANY shall retain percent ( %) of payments for delinquent citations which have been processed in accordance with the current Agreement, and meet the following criteria: A. Delinquent citations; those for which the California State Department of Motor Vehicles has dropped the registration hold because of a transfer of ownership or non -renewal of registration or a registration hold has not been placed, but the normal daily processing cycle is complete. B. Citations with out-of-state license plates. C. Any other problem or special citations which PUBLIC ENTITY so designates and refers to COMPANY under this Agreement. 4.5 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase takes place. ARTICLE V - REPORTS 5.1 Periodic Reports: COMPANY will submit reports to PUBLIC ENTITY the month following the month in which activity is being reported. The reports will provide activities relating to performance under this Agreement. Among the reports which COMPANY may/will generate are the following: A. Report of Revenue Collected for Period B. Report for Parking Citations Issued for Period C. A balanced summary report for issuing PUBLIC ENTITY providing the status of all parking citations at the beginning of the period, current period activity, and at the end of the period. D. A report for issuing Agency identifying registered vehicle owners with five (5) or more outstanding arking citations. E. A report for issuing Agencynlifying the parking citations issued, location, violation by each officer. 5.2 Annual Reports: Annually, COMPANY shall comply with CVC 40200.3 (b) 5.3 Microfiche: At PUBLIC ENTITY'S sole cost and expense, COMPANY will provide atl-avaitabte-reports on mierofiehe; *PUBLIC lBLIC ENTITY so requests in writing. ARTICLE VI - TERM OF CONTRACT AND ADDITIONAL SERVICES 6.1 Term and Renewals: This Agreement shall be for an initial period of one (1) year commencing as of the last date of signature. Unless notice of termination is made in writing by either party to the other no less than sixty (60) days prior to the end of the 6.1 scheduled term, this Agreement shall automatically renew for subsequent one (1) year periods. In conjunction with this automatic extension of the terms of this Agreement, COMPANY may give notice of reasonable price adjustments for its processing services. The PUBLIC ENTITY has thirty days to respond in wilting to the purposed increase. Unless PUBLIC ENTITY gives notice in writing of its rejection of these price adjustments, the term shall be extended with these price adjustments as stated. If the PUBLIC ENTITY gives notice of its rejection of these price adjustments, unless there is a further written Agreement between the parties, the term of the Agreement shall not be extended and the Agreement shall terminate. 6.2 Cancellation: INTENTIONALLY LEFT BLANK. 6.3 Exclusivity: PUBLIC ENTITY agrees to utilize only the services of COMPANY during the term of this Agreement for the processing of the citations referred to above. PUBLIC ENTITY agrees during the term of the Agreement to not directly or indirectly assist a competitor of COMPANY in the performance of the services provided by COMPANY under this Agreement. ARTICLE VII - CLAIMS AND ACTIONS 7.1 PUBLIC ENTITY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the PUBLIC ENTITY, in writing, within five (5) days, of said claim or action. ARTICLE VIII - SUBCONTRACTORS AND ASSIGNMENTS 8.1 Subcontracting: COMPANY is authorized to engage subcontracts, as permitted by law at COMPANY'S own expense, subcontracts shall be deemed agents of COMPANY. 8.2 Assignments: This contract may not be assigned without the prior written consent of the PUBLIC ENTITY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this agreement. Exhibit B TICKET WIZARD/WIZARD WRITE 5000 City of National City Price Per Handheld Price pe ITEM COST Palm Vx, base station, pwr cords O'Neil Printer, power cable Software Total cost per unit $1,699 $799 $2,498 ITEM COST Installation and Training - Includes 4 days of on -site training & support. (Travel & 999 Expenses to be invoiced at actual cost) Ticket Stock, 18,000 tkts, Hi -Temp stock 2399 Envelopes, 18,000 #7, printed both sides 599 Total cost per unit $3,997 Recurring Costs ITEM COST Support Contract: Replace HH unit in 24 hours, 8-5 phone support M-F; per unit, per month $50 Online Inquiry: Up to six employee log-ons per month $50 Accessories ITEM COST Aluminum cover Soft leather case Palm serial cable Palm holster $99 $49 $39 $39 NATIONAL CITY FEE SCHEDULE - Exhibit B Description Fee for processing & collecting electronic citations Fee for processing & collecting manually entered citations Fee for each paid out-of-state citation ($300.00 Monthly Minimum applies if basic charges are less than that amount). Proposed Fee $1.05 per cite 1.25 per cite 30% of collected revenue Specified services and material covered by the Fee for both in -state and out-of-state citations shall include: • Data entry of handwritten citations and entry of electronically transferred citations • Processing and collection of payments • On -Line connection to California DMV • Interface with DMV's nationwide for registered owner information • All forms and tracking • Correspondence tracking and response • First Notice • DMV Holds and Releases Processed • 800 line voice mail information 24 hours per day, 7 days per week -800- ine-customer- service answered -by customer service representative • Deposits • Bank reconciliation • Monthly management reports on issuance and revenue Correspondence: Scheduling of Review, Hearing and Court Appearance In -person Hearing and Toll -Free Hearing Appointments (4 hour minimum per visit) $ 0.00 per letter $ 0.35 per cite $35.00 per hour Optional: Fee for Company Credit Card Usage $ 3.00 per usage Optional: Fee for Delinquent Collection Notices 35% of collected NationalCity0 1 .FeeSchedule.doc City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN FOR PROPERTIES ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF E. 8Tl1 STREET (APPLICANT: SIMON AND RICHARD CONSTRUCTION CO. INC.) (CASE FILE NOS.: SP-2000-1, IS-2000-10) PREPARED BY Cain - Associate PlannerDEPARTMENT Planning 13 EXPLANATION The Council voted to approve this item at the November 20, 2001 public hearing. The attached resolution is necessary to follow through on the action. Environmental Review _ N/A Mitigated Negative Declaration Financial Statement N/A %I-TAFF RECOMMENDATION /�/,� Adopt the attached resolution. j�( Account BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below I Resolution Resolution No. 2001-187 RESOLUTION NO. 2001 -187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A SPECIFIC PLAN FOR PROPERTIES ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF EAST 8n4 STREET Applicant: Simon & Richard Construction Co. Inc. Case File Nos. SP-2000-1, IS-2000-10 WHEREAS, the Planning Commission of the City of National City considered a specific plan application for properties on the south side of Paradise Valley Road east of the terminus of East 8th Street at a duly advertised public hearing held on August 20, 2001, and continued to the meeting of October 1, 2001, at which times oral and documentary evidence was presented; and WHEREAS, the Planning Commission did consider the proposed Mitigated Negative Declaration No. IS-2000-10 together with comments received during the public review process and all evidence and testimony presented at the public hearing; and WHEREAS, the Planning Commission adopted Resolution No. 34-2001 recommending denial of the specific plan for properties on the south side of Paradise Valley Road east of the terminus of Fast 8i6 Street; and WHEREAS, the City Council considered a specific plan application for properties on the south side of Paradise Valley Road east of the terminus of Fast 8ih Street at a duly advertised public hearing held on November 6, 2001, and continued to the meeting of November 20, 2001, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered Planning Commission Resolution No. 34-2001 and the proposed specific plan (Exhibit A, 2"d Revision dated 11/6/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001) and the staff report contained in Case File Nos. SP-2000-1, S-2000-3 which is maintained by the City and incorporated herein by reference, along with the 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 City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. Resolution No. 2001 - 187 December 4, 2001 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented at the public hearing support the following fmdings: 1. The proposed plan is consistent with General Plan policies which encourage the following: retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, the infilling of vacant lots with single family homes, and the preparation of a Specific Plan for the project area. 2. That the plan is consistent with the Single -Family Large Lot General Plan designation, since it provides for single-family homes at a density of 2.6 units per acre in an area where a density of up to 4.4 units per acre is permitted, and since an average lot size of over 16,500 square feet is provided in an area of 10,000 square foot lots. BE IT FURTHER RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS-2000-10 together with any comments received during the public review process, and fords 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 Mitigated Negative Declaration and mitigation monitoring program, and authorizes the filing of a Notice of Determination. Furthermore, the City Council finds that the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. NOW, THEREFORE, the City Council adopts Specific Plan SP-2000-1 subject to the following conditions: 1. This Specific Plan and Subdivision authorizes the development of 38 single-family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2' Revision dated 11/6/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2001 —187 December 4, 2001 Page 3 2. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. 3. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de-sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet of curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 4. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 5. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report fmdings and recommendations shall be part of the Engineering Department requirements. Resolution No. 2001 —187 December 4, 2001 Page 4 6. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. 7. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 8. A new street light is required at the intersection of Street A and Street B and at each cul-de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 9. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 10. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 11. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit will be subject to adjustment. 12. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 13. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 14. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 15. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. Resolution No. 2001 — 187 December 4, 2001 Page 5 16. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 17. Separate water and sewer laterals shall be provided to each lot. 18. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the fmal map. 19. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 20. The final map shall be recorded prior to issuance of any building permit. 21. All new property line survey monuments shall be set on private property, unless otherwise approved. 22. The fmal subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 23. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 24. Television cable companies Shall be notified a minimum of 48 hours prior to filling of cable trenches. 25. All retaining walls 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. 26. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3. Minimum lot area shall be 6,500 square feet with 50 feet typical street frontage. 27. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements. 28. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. Resolution No. 2001 —187 December 4, 2001 Page 6 29. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. 30. To mitigate potential biological impacts, the following mitigation measures shall be carried out: A. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300 foot buffer between the nest and construction activities shall be observed as long as the nest is active. B. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. C. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. D. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area in excess of that open space provided on the project site shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. E. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization will be required per the Endangered Species Act. Resolution No. 2001 — 187 December 4, 2001 Page 7 31. To mitigate potential noise impacts on the proposed homes from the street, a 6- foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the -proposed sound attenuation walls. 32. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 33. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 34. The following shall be carried out to provide for maintenance of slopes and natural areas: A. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. B. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. Resolution No. 2001 -187 December 4, 2001 Page 8 35. Ownership of natural slope areas identified as open space lots 39 and 40 on the tentative map (Exhibit A-2°d Revision dated 11/6/2001, case file nos. SP-2000- 1 and S-2000-3) shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the final map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the final map. 36. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 37. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 38. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area without site plan review by the Planning Department. Accessory structures or any other new construction shall be prohibited in the Open Space areas identified on the tentative map (Exhibit A-2°d Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3). 39. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. - Signature Page to Follow -- Resolution No. 2001 - 187 December 4, 2001 Page 9 PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Da11a, City Clerk APPROVED AS TO FORM: /- /°) 1....... George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 14 MEETING DATE December 4, 2001 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE 38 SINGLE-FAMILY PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF TI-IE TERMINUS OF E. 8TII STREET (APPLICANT: SIMON AND RICHARD CONSTRUCTION CO. INC.) (CASE FILE NOS.: S-2000-3, IS-2000-10) PREPARED BY Jon Cain - Associate PlannerDEPARTMENT Planning EXPLANATION The Council voted to approve this item at the November 20, 2001 public hearing. The attached resolution is necessary to follow through on the action. / Environmental Review NIA Mitigated Negative Declaration Financial Statement N/A >STAFF RECOMMENDATION Adopt the attached resolution. L}I) Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS Resolution ( Listed Below 1 Resolution No. 2001-188 RESOLUTION NO. 2001 — 188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO CREATE 38 SINGLE-FAMILY PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMINUS OF EAST 8TH STREET Applicant: Simon & Richard Construction Co. Inc. Case File Nos. S-2000-3, IS-2000-10 WHEREAS, application was made for approval of a tentative subdivision map to create 38 single-family parcels on property generally described as: Portions of Lots 2, 3, 4, 5, 6, and 7 of B. F. Pritchard's Paradise Villa Addition to National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 155, filed in the Office of the County Recorder of San Diego County, July 7, 1887. WHEREAS, the Planning Commission of the City of National City considered said application and proposed Mitigated Negative Declaration No. IS-2000-10 at public hearings held on August 20, 2001 and October 1, 2001, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said application and proposed Mitigated Negative Declaration No. IS-2000-10 at a public hearing held on November 6, 2001, and continued to the meeting of November 20, 2001, at which times oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2000-3 and IS-200-10 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 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 that the City Council of the City of National City hereby approves the tentative subdivision map to create 38 single-family parcels based on the following findings: Resolution No. 2001 —188 December 4, 2001 Page 2 1. The proposed map is consistent with the National City General Plan since it provides for retention and enhancement of existing hillsides, development at lower densities in areas with steep slopes, a higher rate of home ownership, production of new housing for the moderate and middle income ranges, and the mulling of vacant lots with single family homes. Additionally, the map is consistent with and will carry out the proposed specific plan for the property. 2. The site is physically suitable for the proposed type of development, since the site is in a single-family residential area and contains gently sloping areas that can accommodate the proposed homes. 3. The site is physically suitable for the proposed density of development, since the 16.5-acre can accommodate building pads for 38 homes at a density of 2.6 units per acre while preserving steep slopes and biologically sensitive areas. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since existing easements on the property will remain in place and new homes will be located outside the easement boundaries. 7. The discharge of sewerage waste from the subdivision into the City of San Diego sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. Resolution No. 2001 — 188 December 4, 2001 Page 3 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS-2000-10, 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 proposed Mitigated Negative Declaration and mitigation monitoring program, and authorizes the filing of a Notice of Determination. Furthermore, the City Council fords that the revised mitigation measure pertaining to potential biological impacts is more effective in mitigating or avoiding potential impacts than that described in the Initial Study and that it in itself will not cause any potentially significant impact on the environment. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for creation of 38 single-family parcels is hereby approved subject to the following conditions: 1. This Specific Plan and Subdivision authorizes the development of 38 single- family homes. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2nd Revision dated 11/6/2001, Exhibits B and C dated 3/16/2001, and Exhibit D dated 6/14/2001, case file nos. SP-2000-1, S-2000-3. 2. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 3. A drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Resolution No. 2001 -188 December 4, 2001 Page 4 4. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. The cul-de-sac shall have a minimum diameter of 96 feet. The street right-of-way shall be 50 feet wide with a 6-foot wide utility easement on each side. Sidewalks shall be 5 feet wide and the street width shall be 40 feet curb -to -curb. All missing street improvements on Paradise Valley Road (approximately 2100 linear feet of curbs, gutters, and sidewalks) shall be constructed. All street improvements shall be in accordance with City standards. 5. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 6. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 7. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 8. The method of sewage and collection disposal shall be shown on the street improvement plans. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer permit will be required unless a letter of approval from the City of San Diego verifying connection to the City of San Diego sewer main is submitted. Resolution No. 2001 — 188 December 4, 2001 Page 5 9. The new pedestrian ramps at the intersections shall be per ADA requirements and the Regional Standard Drawing. 10. A new street light is required at the intersection of Street A and Street B and at each cul-de-sac. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to its final approval and installation. 11. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3 %) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit will be subject to adjustment. 14. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 15. Separate traffic signal plans will be required for the intersection of Plaza Boulevard and Street B. The plans shall show new traffic signals and loops. 16. An NPDES permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 17. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 18. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. Resolution No. 2001 - 188 December 4, 2001 Page 6 19. Separate water and sewer laterals shall be provided to each lot. 20. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. The final subdivision map shall be prepared by a California registered civil engineer with registration number 33965 or lower, or by a California licensed land surveyor. 25. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. All retaining walls 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. 28. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP-2000-1 and S-2000-3. Minimum lot area shall be 6,500 square feet with 50 feet typical street frontage. 29. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements. 30. Buildings shall be in substantial conformance with those depicted in Exhibit C dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. 31. To mitigate potential archaeological impacts on the site, an archaeologist shall field check the flat areas of the property during or following the clearing of vegetation on the property, prior to grading. Resolution No. 2001 — 188 December 4, 2001 Page 7 32. To mitigate potential biological impacts, the following mitigation measures shall be carried out: a. Construction, including clearing and grading, should occur outside of the bird breeding season (February 15 to August 30). If construction is proposed during the breeding season, a qualified biologist shall conduct a pre -construction survey of the project site and surrounding habitat to determine whether there are active nests in the area. The results of this survey shall be submitted to the Planning Department for review and approval prior to commencement of any construction activity. If an active nest is observed, a minimum 300 foot buffer between the nest and construction activities shall be observed as long as the nest is active. b. Cut slopes above the mid -slope terrace shall be landscaped with native species only. A Coastal Sage Scrub revegetation plan shall be included in landscape plans submitted for the review and approval of the Planning Department prior to issuance of grading permits for the property. c. Offsite mitigation for the loss of Coastal Sage Scrub is required at a ratio of 2:1. This mitigation shall be in the coastal region of southern San Diego County in an area that supports cactus wrens and that is within a Biological Core Resource Area or in a Wildlife Agency -approved mitigation bank. d. Offsite mitigation for the loss of NNG (grassland) is required at a ratio of 0.5:1. The mitigation area in excess of that open space provided on the project site shall be purchased in acres of equivalent habitat within a Wildlife Agency -approved Biological Resource Core Area or mitigation bank. e. Adequate surveys for the California gnatcatcher shall be conducted in compliance with U.S. Fish and Wildlife Service Survey Protocol (1997) prior to the issuance of grading permits. Survey results shall be submitted to the U.S. Fish and Wildlife Service and Planning Department for review. If the survey concludes that gnatcatchers are present or if the applicant wishes to forego the survey requirement, take authorization will be required per the Endangered Species Act. 33. To mitigate potential noise impacts on the proposed homes from the street, a 6- foot high sound attenuation wall shall be provided along the top of the fill slope along Paradise Valley Road. This bottom four feet of this wall shall be constructed with solid material such as masonry block, and the top two feet of the wall shall be constructed of clear Plexiglas. Prior to issuance of grading and building permits, an acoustical study shall be performed to verify the adequacy of the proposed sound attenuation walls. Resolution No. 2001 —188 December 4, 2001 Page 8 34. A paleontologist shall be notified prior to the commencement of grading for the project. Evidence shall be submitted to the Planning Department indicating that notice has been given. 35. Minimum 18-foot front yard setbacks and minimum 10-foot deep usable rear yards are required for all new homes. 36. The following shall be carried out to provide for maintenance of slopes and natural areas: a. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, setting forth privileges and responsibilities including the duty to maintain all graded and landscaped slopes in the Specific Plan and to preserve all natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. The CC&Rs shall be subject to approval as to content and form by the City Attorney and Planning Director and shall be provided prior to recordation of the final map. The CC&Rs shall grant the City the authority but shall not obligate the City to assume maintenance of these areas and assess the full cost, including overhead costs therefor, as a lien or special tax assessment against the properties if said properties are not adequately maintained. b. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all graded, landscaped slopes and natural slopes in the Specific Plan area that are not proposed for transfer to the adjacent property owner. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 37. Ownership of natural slope areas identified as open space lots 39 and 40 on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, rase file nos. SP-2000-1 and S-2000-3) shall be transferred to the owner of the Wellington Estate, who shall be responsible for all necessary maintenance, including landscape maintenance as needed. Subject to terms and conditions as shall be agreed upon by the grantor and grantee, an escrow account shall be opened into which a deed shall be deposited transferring ownership of this property upon recordation of the final map. A lot line adjustment shall be processed as a condition of the escrow to ensure that the deeded area will become a part of the Wellington Estate property. Title shall pass upon recordation of the fmal map. Resolution No. 2001 —188 December 4, 2001 Page 9 38. Landscaping and irrigation for cut and fill slopes shall be installed at the time of grading in substantial conformance with Exhibit B dated 3/16/2001, case file nos. SP-2000-1 and S-2000-3. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 39. A detailed landscape and irrigation plan for the upper, "transitional" slope areas prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. These areas must be landscaped, irrigated, and maintained to the satisfaction of the City. 40. Construction of new homes shall be limited to level pad and yard areas as identified on the final map. No accessory structures shall be constructed on preserved natural slopes or cut/fill slopes within the Specific Plan area without Site PIan Review by the Planning Department. Accessory structures or any other new construction shall be prohibited in the Open Space areas identified on the tentative map (Exhibit A-2nd Revision dated 11/6/2001, case file nos. SP- 2000-1 and S-2000-3). 41. The entryway to the project shall include enhanced landscape features and other defining elements to the satisfaction of the Planning Director. 42. Prior to recordation of the final map, the applicant shall 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 Specific Plan and Subdivision 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. 43. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2001 -188 December 4, 2001 Page 10 BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiger, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001_ AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL AMENDING APPENDIX A OF THE SIGN ORDINANCE (MLJNICIPAL CODE SECTION 18.62.030) REGARDING ALLOWABLE SIGN HEIGHTS FOR FREEWAY -ORIENTED SIGNS IN GENERAL COMMERCIAL ZONES (APPLICANT: JOHN HEALY, WESTFIELD CORP.) (CASE FILE NO.: A-2001-4) PREPARED BY Jon Cain - As sgci a PlannerDEPARTMENT Planning EXPLANATION Appendix A of the Sign Ordinance currently limits the height of freeway -oriented freestanding signs to 75 feet in General Commercial zones (i.e., all Commercial zones other than CL—Limited Commercial), and requires a Planning Commission Approval of Plans for any sign taller than 50 feet. The applicant plans to extend the height of an existing freestanding sign at Plaza Bonita from 75 to 80 feet, and thus proposes this Amendment to increase the height limit to 80 feet. 15 It is reasonable to expect that signs taller than 75 feet may be needed under certain circumstances to provide adequate line -of -sight. The Code currently allows signs 50 to 75 feet tall only when the Planning Commission makes a finding that the sign height is needed to allow reasonable viewing of the sign from the freeway. The proposed amendment would not modify this requirement, but would merely extend the maximum height that could be approved by the Planning Commission. The amended Code would continue to provide for Planning Commission review, and would only affect freeway -oriented signs. The Planning Commission recommends approval of the Amendment based on findings that it is consistent with the General Plan. The Commission granted an Approval of Plans for the related project at Plaza Bonita \„!iubject to the adoption of the proposed Amendment. Environmental Review Financial Statement N/A _ X N/A Categorical Exemption Account No. STAFF RECOMMENDATION Adopt the attached resolution.' BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the proposed Amendment to Appendix A of the Land Use Code. Ayes• Valderrama, Flores, Parra Racy, Reynolds Absent: Ungab. Detzer ATTACHMENTS ( Listed Below ) Resolution Resolution No. 20 1-189 ___ A•r:CO :j 9C. RESOLUTION NO. 2001 -189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING APPENDIX A OF THE SIGN ORDINANCE (MUNICIPAL CODE SECTION 18.62.030) REGARDING ALLOWABLE SIGN HEIGHTS FOR FREEWAY -ORIENTED SIGNS IN GENERAL COMMERCIAL ZONES Applicant: John Healy, Westfield Corporation Case File No. A-2001-4 WHEREAS, Chapter 18.62 of the National City Municipal Code regulating signs and outdoor advertising, refers to a certain Appendix A (Section 18.62.030); and WHEREAS, the Planning Commission finds it to be in the public interest to amend said Appendix A, in the manner provided by Chapter 18.136 of said Code, to set forth therein guideline standards for signs located near freeways; and WHEREAS, the City Council has received and reviewed the planning Commission recommendation in support of this amendment and concurs with their findings. NOW, THEREFORE, BE IT RESOLVED that Appendix A of the sign ordinance (Municipal Code Section 18.62.030) is hereby amended to read as follows: HR 2. GENERAL COMMERCIAL ZONE (All "C" zones except CL) FREE STANDING: NEAR FREEWAY - Those outdoor advertising structures (signs) placed near freeways, as described in Municipal Code Chapter 9.32, shall be limited to a maximum height of 80 feet measured to the top of the sign. All such signs exceeding the height limit for "FREE STANDING" signs herein shall be subject to Planning Commission review. Such review shall include a finding that the requested sign structure height is, or is not, necessaryto afford the reasonable vision clearances and line of sight viewing of the sign from vehicles traveling on the adjoining freeway. The Planning Commission may adopt guideline standards for use in making such findings. A general standard of 500 ft. minimum sight distance for 15" letters and a minimum nine -second exposure at 55 MPH highway speeds will be used. Persons seeking such Planning Commission review will be expected to furnish engineering design data and drawings sufficient to demonstrate the need for exceeding normal height limit standards. The Planning Commission will limit the height of all such signs to no more than that which is necessary to achieve these standards. Resolution No. 2001 — 189 December 4, 2001 Page 2 PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. 16 (-ITEM TITLE PREPARED BY EXPLANATION RESOLUTION CONSENTING TO INCREASED PRODUCTION OF NATIONAL CITY WELLS George H. Eiser, III Psv DEPARTMENT City Attorney Section 13 of the Joint Powers Agreement establishing Sweetwater Authority provides that the Authority shall not drill additional wells in National City for the purpose of increasing production from the underground beyond the 1967 level of production without the consent of the City. The Authority has requested the consent of the City to drill additional wells pursuant to Section 13. A presentation by Sweetwater Authority concerning the request appears under the "Presentations" portion of the agenda. CEnvironmental Review __ N/A To be addressed by Sweetwater Authority Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION If request is approved, adopt resolution. BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS l Listed Below l Proposed resolution. 2001-190 Resolution No. RESOLUTION NO. 2001 - 190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONSENTING TO INCREASED PRODUCTION OF NATIONAL CITY WELLS WHEREAS, National City is a member of the Sweetwater Authority, a joint powers authority ("Sweetwater"), consisting of the South Bay Irrigation District and the City of National City; and WHEREAS, Sweetwater obtains water for sale to customers from wells located in the City of National City ("the National City Wells"); and WHEREAS, Section 13 of the Joint Powers Agreement establishing Sweetwater provides that Sweetwater shall not drill additional wells in National City for the purpose of increasing production from the underground beyond the 1967 level of production without the consent of National City; and WHEREAS, Sweetwater has maintained and operated the National City Wells since 1977 and has developed hydrologic information and operating methods which could enable it to produce additional water from the underground beyond the 1967 level of production; and WHEREAS, it is in the interest of all customers of Sweetwater including those customers residing in National City that the production of the National City Wells be increased so as to increase the percentage of local groundwater being supplied to Sweetwater customers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby consents to the construction and operation of projects by Sweetwater to drill and operate additional wells in National City to increase the production of local groundwater to a level of 10,000 acre feet per year. PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. 17 ITEM TITLE Resolution of the City Council of the City of National City repealing the authorization for the filing of rebuttal arguments pertaining to City measures in Municipal Elections. PREPARED BY Michael R. Dalla� DEPARTMENT City Clerk EXPLANATION In all previous Municipal Elections except one, the City has not had rebuttal arguments printed in the voter pamphlets. Even though the City Council has never taken formal action to authorize rebuttal arguments as provided in the Elections Code, rebuttal arguments did appear in a voter pamphlet in 1996. The Elections Code requires that if rebuttal arguments are allowed in one election, they must be permitted in all future elections unless authorization is repealed. For that reason, it is advisable for the City Council to take formal action to repeal Section 9285(a) of the Elections Code. This Resolution will repeal the appropriate section of the Code for both the upcoming March Election and future elections. CEnvironmental Review XX N/A Financial Statement None Approved By: _. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) Resolution Resolution No. _ 2001-191 RESOLUTION NO. 2001 - 191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING THE AUTHORIZATION FOR THE FILING OF REBUTTAL ARGUMENTS PERTAINING TO CITY MEASURES IN MUNICIPAL ELECTIONS BE IT RESOLVED by the City Council of the City of National City that pursuant to Section 9285(b) of the California Elections Code, the City Council does hereby repeal any authorization for the filing of rebuttal arguments pertaining to City measures in municipal elections. PASSED and ADOPTED this 4il` day of December, 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 December 04, 2001 AGENDA ITEM NO. 18 ITEM TITLE WARRANT REGISTER #21 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #21 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,744,650.80. BOARD / COMMISSION RECOMMENDATION 77/02." ATTACHMENTS t Listed Below / Resolution No. 1. Warrant Register #21 2. Workers Comp Warrant Register dated 11/14/01 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 04, 2001 AGENDA ITEM NO... 19 ITEM. TITLE WARRANT REGISTER #22 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #27 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: J' ' ance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $783,479.19. BOARD / COMMISSION RECOMMENDATION LIYICk/f7,1 vihitc(e, ATTACHMENTS ( Listed Below ) 1. Warrant Register#22 2. Workers Comp Warrant Register dated 11/21/01 3. Payroll Warrant Register dated 11/21/01 Resolution No. -< .FETING DATE 12/4/01 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 20 ITEM TITLE STREET TREE COMMITTEE MINUTES PREPARED BY Jim Ruiz EXPLANATION Removal requests: DEPARTMENT Parks & Recreation 2001 McKinley Avenue Requests removal of 2 trees because roots have pushed up sidewalk and have grown into the water lines. Committee recommends removal upon payment of $50 replacement tree. 848 Second Avenue Requests removal of 3 trees because the roots are breaking up the sidewalk and thereby is a safety hazard. Additionally, tree roots have grown into plumbing causing water backup into pipes. Committee recommends removal upon payment of $150 fee for replacement trees. CEnvironmental Review XX NIA Financial Statement Approved By: Replacement funds available in Acct. I1105-442-000-331-0000 Finance Directo Account No. _ STAFF RECOMMENDATION Approve minutes. BOARD I COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS ( Listed Below ) Resolution No. Minutes City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON NOVEMBER 15, 2001 • Called to order at 2:00 p.m. • Present:, Keen, Schwitkis and Morales; Staff: Diaz. • Absent: Sotelo, Cesena • Tree Removal Requests: Hawthorne Lift Systems 2000 McKinley Avenue Request for removal of 2 trees because roots have pushed up sidewalk and have grown into the water lines. Committee recommends removal upon payment of $50 replacement tree. Ms Rachel Hernandez 848 Second Avenue Request for removal of 3 trees because the roots are breaking up the sidewalk and thereby is a safety hazard. Additionally tree roots have grown into plumbing causing water backup into pipes. Committee recommends removal upon payment of S150 fee for replacement trees. • Adjourned at 2:13 p.m. MIGI(IIxL DTAZ Park Superintendent Recycled Paper City of National City, Caiilovnia COUNCIL AGENDA STATEMENT MEETING DATE December4, 2001 (-ITEM TITLE **Refer to Item #1 AGENDA ITEM NO. 21 PREPARED BY EXPLANATION RESOLUTION AUTHOUIZING APPROPRIATION OF FY 2000/2001 SUPPLEMENTAL LAW ENFORCMENT SERVICES FUND & SOLE SOURCE VOICE LOGGING RECORDER DEPARTMENT Lt. Keith Fifield Police Cff Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City received $120,200 as its share for fiscal year 2000/2001. These funds must be spent by June 30, 2002, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental Review_ N/A Financial Statement There is no local match required for these funds. Police Department budget or the General Fund. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A 272 There will be no impact to the FY 2001/2002 Account No. 208-411-000-515 208-411-000-502 208-411-000-599 208-411-000-399 208-411-000-287 ATTACHMENTS ( Listed. Below 1 Proposed Resolution Resolution No, 2001-192 COUNCIL AGENDA STATMENT RESOLUTION AUTHORIZING APPROPRIATION OF FY 2000/2001 SLESF FUNDS PAGE 2 Proposal The National City Police Department and Chief DiCerchio are therefore submitting a request that the City Council appropriate FY 2000/2001 Supplemental Law Enforcement Services Fund monies for the purchase of the following: (1) Racal 24 Channel Woridnet Series II Voice Logging Recorder S45,000 (Sole Source) The Police Department's current dispatch tape recording device is unreliable, obsolete and replacement tapes are no longer produced. A new digital recorder is badly needed and will enable the police department to easily record, store and recover communication transmissions and provide a reliable system with redundant recording systems that drastically reduce the possibility of lost information. The Police Department would like to Sole Source this item through Racal because it is the only local company that provides this product along with reliable service and that is financially stable right now. (3) Dell Desktop Computers $5,000 3 desktop computers are needed to augment or replace obsolete computers. One will be assigned to Records, one will be assigned to the Neighborhood Policing Team and will be assigned to Dispatch Administration. (7) Panasonic Toughbook Laptop Computers S28,000 These laptops will assist in the planned replacement of older underpowered CF-25 laptops assigned to patrol. Price includes monies for upgrades and service warranties. il) Walk-in Cooler/Freezer Combo 530,000 The Property and Evidence Unit is now required to store DNA evidence. A large walk-in unit is needed to properly store the increased volume of DNA evidence at required temperatures. This is a must have piece of equipment. This price is an estimate that includes the price of the unit and site preparation. Child I.D. Fingerprint Kits $2,600 The police department would like to initiate a Child I.D. program COUCIL AGENDA STATMENT RESOLUTION AUTHORIZING APPROPRIATION OF SLESF FUNDS PAGE 3 using a self contained kit that includes a photo, fingerprint, DNA sample and description of the child. A parent or teacher easily completes the kit and will assist law enforcement with locating and identifying a lost or missing. child. The price is for 5,000 of these kits to start the program. Intoxilyzer 300 Accessories $400 The Police Department currently posses two hand held breath devices for DUI enforcement ( Also known as Preliminary Alcohol Screening or P.A.S. devices). A Reusable Regulator and a Gas Cylinder need to be purchased so that the P.A.S. devices can be properly calibrated on a routine basis. If they are not properly calibrated the P.A.S. readings and results can be challenged in court in favor of DUI violators and cases will be lost or dropped by the District Attorney's Office. Contingency Funds $9,200 The Police Department would like to set aside $9,200 in contingency funds in case the final cost of the above items is higher than estimated, especially considering that the walk-in cooler purchase and site preparation could have unexpected costs. If any of this money is not used it will be appropriated for additional police services per the SLESF requirements. Total $120,200 The proposed Resolution would authorize appropriation of $120,200 in FY 2000/2001 SLESF funds for the above requested technology and equipment purchases for the Police Department. RESOLUTION NO. 2001 — 192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FY 2000/2001 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR VARIOUS TECHNOLOGY AND EQUIPMENT PURCHASES WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, under the COPS program, the City of National City received $120,200 as its share for fiscal year 2000/2001, which must be spent by June 30, 2002, or be remitted to the State Controller for deposit into the General Fund; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS monies exclusively to fund front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the City Council pursuant to the recommendation of the Chief of Police has determined that the purchase of the following technology and equipment purchases will be an appropriate expenditure of said grant funds: Quantity Equipment Estimated Cost 1 Racal 24 Channel Worldnet Series II Voice Logging Recorder $45,000 3 Dell Desktop Computers $ 5,000 7 Panasonic Toughbook Laptop Computers $28,000 1 Walk-in Cooler/Freezer Combo $30,000 Child I.D. Fingerprint Kits $ 2,600 Intoxilyzer 300 Accessories $ 400 Balance to be placed in contingency funds in case $ 9,200 the final cost of the above items is higher than estimated NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the FY 2000/2001 Supplemental Law Enforcement Services Funds for technology and equipment purchases. -- Signature Page to Follow — Resolution No. 2001 - 192 December 4, 2001 Page Two PASSED and ADOPTED this 4th day of December, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney SECOND READING City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE` :December 4, 2001 AGENDA ITEM NO. 22 r ITEM TITLE0RDINANCE AMENDING NATIONAL CITY MAMMAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18,92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED BrSteve Ray EXPLANATION A separate agenda item addresses the public hearing for the changes covered in the proposed ordinance. DEPARTMENT Planning Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION pco Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A TACN TS NListed Below I . TO Resolution No. A 200 (9/80) ORDINANCE NO. 2001 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) 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 Chapter 9.32 is amended by changing the title of said Chapter to "Advertising Displays Bordering Freeways". Section 2. That Chapter 9.32 is amended by repealing Section 9.32.030. Section 3. That Title 18, Chapter 18.04 is amended by repealing sections 18.04.602 and 18.04.604. Section 4. That Title 18, Chapter 18.16, Section 18.16.195 is hereby amended to read as follows: 18.16.195 Markets that sell seafood. Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' prepackaged frozen products. Section 5. follows: That Title 18, Chapter 18.62 is amended in its entirety to read as CHAPTER 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent 18.62.020 Unlawful display of signs or banners —Prohibited 18.62.030 Definitions 18.62.040 Site Plan Review required 1 Amending Titles 9 and 18 18.62.050 Design 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required 18.62.070 Maintenance 18.62.080 Removal from abandoned site or building 18.62.090 Signs permitted in all zones 18.62.100 Flags and banners —Regulated 18.62.110 Large permanent signs in Commercial, manufacturing and institutional zones 18.62.120 Large permanent signs in shopping centers 18.62.130 Small permanent signs in commercial, manufacturing and institutional _zones 18.62.140 Pole -mounted signs in commercial and manufacturing zones 18.62.150 Roof -mounted signs in commercial and manufacturing zones 18.62.160 Revolving signs in commercial and manufacturing zones 18.62.170 Small temporary window signs in commercial and manufacturing zones 18.62.180 Projecting signs in commercial and manufacturing zones 18.62.190 Signs for churches 18.62.200 Mural -type signs in commercial zones 18.62.210 Signs prohibited in all zones 18.62.220 Nonconforming signs 18.62.230 Constitutional severability 18.62.010 Purpose and intent. The purpose and intent of this chapter is to: A. Aid in the identification of properties, land uses and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners —Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain or allow the installation or maintenance of a sign or banner as defined in this chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 shall not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or state law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. 2 Amending Titles 9 and 18 E. Within this chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it shall be so designated. Unless so designated, off -site displays are prohibited. 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be "visible from the exterior" of a building or structure. The term "banner" includes a "pennant", "flag" or "bunting". B. "Bunting" is a form of "banner" that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a "flag" or "banner". Depending on the format of the display, the term may be synonymous with "banner". C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Frontage," when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to "frontage" when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right of way or parking lot. H. "Height". The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. I. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. J. "Install" or "installation" includes but is not limited to the act by which a "sign" is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. K. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. 3 Amending Tides 9 and 18 • L. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. M. "Off -site" or "Off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. N. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services or activity located or offered on the business premises or parcel of property where the sign is located. O. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. P. "Outdoor advertising" refers to the placement of a message on signs or banners located "outdoors", or located indoors in a manner such that the message is "visible from the exterior" of a building or structure. Q. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by At.sor Parcel Numbers maintained by the County Tax Assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. R. "Pennant" is a banner with three sides. S. "Permanent sign" means a sign that is solidly attached to a building, structure or the ground by means of mounting brackets, bolts, welds or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices or mechanical devices. See also "temporary sign". T. "Political sign" for the purposes of this Chapter means and is limited to refer only to a sign associated with a candidacy to an elected office or a ballot measure to be decided at a specific election. It does not pertain to any other type of message or commentary of political or social expression or nature. U. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. V. "Shopping Center" shall mean a group of commercial buildings as defined in section 18.04.596. W. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a "message" is conveyed which is placed "outdoors" in any zone or is "visible to the exterior" of a commercial or industrial building or structure. It shall include a "banner" and any of the following: (a) Any "advertising display" defined in Section 9.32.010. (b) Any "message" painted, printed or otherwise produced or affixed on or to: (1) The exterior of a building or structure; or (2) A rigid or semi -rigid material or surface, such as wood, metal or plastic, attached to a building, structure or pole, or which is itself free-standing; or 4 Amending Titles 9 and 18 (3) An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole or the ground. X. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure or the ground in such a manner as to be rendered a "permanent sign". Y. "Visible to the exterior" refers to the placement of a sign or banner within the interior rust eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot or parcel. To be visible does not require that the message be understandable or readable. 18.62.040 Site Plan Review required. A. Except as exempted in Section 18.62.040B, signs allowed by this chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the Planning Director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. 'This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site plan review shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site Plan review is not required for signs allowed by Sections 18.62.090, 18.62.100 and 18.62.170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the Planning Commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the City. Permits for installation shall be obtained, when required, prior to any installation, from the director of Building and Safety. 18.62.070 Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs or tubes must be replaced within thirty days from the date of notification from the City. 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated or abandoned for any reason for a period of more than one hundred twenty (120) consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and 5 Amending Titles 9 and 18 for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty (30) days following notice from the City. Removal, painting out or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site Plan Review pursuant to Section 18.62.040 shall not be required. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be twenty square feet. 2. _ _ The maximum area of signage at other construction projects shall be fifty square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two (2) temporary real estate signs for the sale or lease of property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed per parcel per street frontage in commercial and industrial zones shall be a total of fifty (50) square feet. 2. The maximum area of signage allowed per parcel per street frontage in residential zones is six (6) square feet. 3. Signs shall be unlighted only. 4. Signs shall be removed within seven (7) days following the lease or sale of the premises on which the sign is displayed, C. Temporary off -site signs pertaining to and in connection with the sale or leasing of housing, business, and industrial subdivisions within the City shall be permitted in all zones, subject to the following requirements: 1. The maximum area of all signs shall be limited to one hundred square feet. 2. Signs shall not be located within required setback areas. 3. Any message on signs located within six hundred sixty feet (660') of any freeway shall not be oriented towards or viewable from a freeway. 4. Signs shall be unlighted only; reflective or fluorescent materials or exterior coatings shall not be used. 5. Signs shall be not installed for more than 180 days. D. One identification sign not exceeding one hundred square feet, or two identification signs not exceeding fifty square feet each shall be permitted for multi -family dwellings and apartments, clubs, lodges, and similar uses. E. Political signs are allowed in all zones, subject to the following provisions: 1. No political sign shall be placed on the public right-of-way, streets or sidewalks or on public property or structures. If a sign is placed on the public right-of-way, on public property or a public structure, the Director of Public Works shall remove the sign and assess a charge for removal to the person or entity responsible for the placement of the sign, or on whose behalf the sign was placed. 6 Amending Titles 9 and 18 2. Messages on signs located within six hundred sixty feet (660') of a freeway shall not be oriented towards or viewable from a freeway. 3. All political signs shall be removed no later than seven days following the corresponding election. 4. Individual signs shall not exceed thirty-two square feet in size. F. Directional signs which do not exceed three (3) square feet in size per sign. G. Temporary on -site or off -site signs including inflatable displays advertising special events which have been permitted under Chapter 15.60, may be allowed in all zones no earlier than thirty (30) days before and no later than five (5) days after the event. H. The display on any parcel of any single sign, flag or banner that is less than six (6) square feet in area, except that if a home occupation permit has been issued for a residential parcel, this exemption shall not apply and that property shall be subject to all the requirements of this chapter. I. Other signs that the Planning Commission determines to be consistent with the purpose and intent of this chapter shall be allowed. 18.62.100 Flags and banners —Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of sixty (60) days within each calendar year. The time limit commences when a banner permit is issued by the Planning Director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty (60) days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated City enforcement costs in causing the applicant to remove flags or banners shall be paid to the City Treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within fifteen (15) days after a determination by the Planning Director that the_ display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sigr:. 3. Violation of the time limits established by section 18.62.100B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. 4. The restrictions of this Section 18.62.100 shall also apply to signs and banners located within the first eight feet (8') of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 7 Amending Titles 9 and 18 18.62.110 Large permanent signs in commercial, manufacturing and institutional zones. Except in shopping centers, large permanent signs exceeding twenty-five (25) square feet in area may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and restrictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or four square feet of sign for each lineal foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15 %) of the area of the building face or two square feet per lineal foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering or architectural feature, more than eighteen inches (18") from a building face unless an. exception is approved pursuant to site plan review. 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street or freeway. The size and placement of these signs shall conform with the standards specified by section 8.62.110C and D, as well as standards that may be applied through any required City Council or Nanning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan or variance. 18.62.130 Small permanent signs in commercial, manufacturing and institutional zones. Any permanent sign measuring less than twenty-five square feet and not described elsewhere in this chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing and industrial zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a building. B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements: A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway or parking lot and may include a cluster sign identifying individual businesses on the parcel(s). B. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. 8 Amending Titles 9 and 18 D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.62.150 Roof -mounted signs. A. Except as provided in subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the Planning Commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30%) of the area of the front building face of the building upon which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building. 18.62.160 Revolving signs in commercial and manufacturing zones. Signs that revolve shall be restricted to those that rotate three hundred sixty degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. 18.62.170 Small temporary window signs in commercial and manufacturing zones. One or more temporary signs, each of -which is less than twenty-five square feet in area, shall be permitted per parcel in commercial and manufacturing zones. Temporary signs shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners). 18.62.180 Projecting signs in commercial, manufacturing and institutional zones. A projecting sign may be permitted in all commercial, manufacturing and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D. B. The maximum height of projecting signs shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such eave or parapet. C. The maximum area of a projecting sign shall be thirty-two square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 9 Amending Titles 9 and 18 G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.190 Signs for churches. Churches may display one wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed six feet in height and twenty square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. Any illumination of the sign is to be achieved only through the use of non -flashing, indirect or internal lighting, and shall not reflect upon other properties. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding one hundred ten square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020A, the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090B, 18.62.090C or 18.62.090F, signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes or "flashing" lights exceeding sixty watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. 11. Off -site signs, including billboards, except as allowed by Section 18.62.090. I. Temporary signs, except as permitted by Section 18.62.170. J. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under chapter 15.60. K. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding twenty-five (25) square feet mounted on motor vehicles parked for more than 8 hours in any 24-hour period on private property. 10 Amending Titles 9 and 18 18.62.220 Nonconforming signs. Any sign that is made non -conforming by enactment of Ordinance may continue to be maintained or displayed, subject to the provisions of Section 18.108.150 regarding the continuance and abatement of nonconforming signs. 18.62.230 Constitutional severability. The City Council declares that the judicial invalidity of any section or portion of this chapter shall riot affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose., meaning and effect to the remaining provisions of this chapter. Section 6. That Title 18, Chapter 18.92 is amended in its entirety to read as follows: Sections: 18.92.010 18.92.020 18.92.030 18.92.040 Chapter 18.92 OUTDOORS DISPLAY OR SALE OF MERCHANDISE Outdoors display or sale of merchandise prohibited —General Permitted displays Special promotions Seasonal sale of Christmas trees and pumpkins 18.92.010 Outdoors display or sale of merchandise prohibited —General. A. The outdoors display or sale of merchandise on public or private property is unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect the general prohibition set forth in Section 18.02.080 or its application creating restrictions on the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code. C. The term "merchandise" is as defined in Section 10.22.010 and means any tangible object of nominal or value greater than one cent ($.01), including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers" defined in Section 10.22.O10D. 18.92.020 Permitted displays in commercial and industrial zones. A. In commercial and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, and building material yards may display merchandise outdoors only on the same site approved for the business. 11 Amending Tides 9 and 18 • B. Other businesses in commercial and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Director under Section 18.104.040 that the display would be customary with that type of business and consistent with or comparable to the types of uses described in Section 18.92.020A. 18.92.030 Special promotions. A. Except as allowed by Se Lion 18.92.020, all other businesses in the commercial and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. B. Special promotions involving outdoor display of merchandise which are to last more than three days, or would involve more than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. C. No business shall conduct a special promotion with an outdoors display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. 18.92.040 Seasonal sale of Christmas trees and pumpkins. A. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial zones on property developed with a commercial use or on vacant property in a commercial zone. B. Displays and sales of Christmas trees and pumpkins are limited to thirty-five (35) days each, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. Section 7. That the City Council fords that the proposed Code Amendment to Chapter 18.16 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses which may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit and distance requirements will ensure that seafood odors do not adversely impact surrounding properties, while the exemption for frozen seafood will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to provide a favorable climate for attracting new, high -quality business activity into the City. Section 8. That the City Council finds that the Code amendments to Chapter 18.04, 18.62 and 18.92 concerning definitions, signs, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment; and the proposed changes are needed to facilitate enfoiceiuent and to 12 Amending Titles 9 and 18 clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining opportunities for business advertising. Section 9. That the City Council finds that the proposed amendments are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendments will modify the Code requirements regarding the regulation of seafood markets, definitions, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, and will neither modify the zoning designations nor increase the intensity of use for any property. Section 10. The amendments to Chapter 9.32 shall not affect or apply to (1) advertising displays or advertising structures that are pre-existing and legally non -conforming as of the effective date of the amendments, or to (2) the refurbishment and/or rehabilitation of said pre-existing, lawfully non -conforming advertising displays or advertising structures. PASSED and ADOPTED this day of 2001. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: f/J gam: ag George H. Eiser, III City Attorney George H. Waters, Mayor 13 Amending Titles 9 and 18 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE .._ December 4 2001 OLD BUSINESS AGENDA ITEM NO. 23 ITEM TITLE REQUEST BY THE NATIONAL SCHOOL DISTRICT TO REDUCE THE COST OF THE APPROVED USE OF THE COMMUNITY CENTER PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works The South County Beginning Teacher Support and Assessment program was approved on August 7, 2001 to use the Community Center for eight dates this year (for a total of $2,715.03). The South County Beginning Teacher Support and Assessment group decided to use the Community Center for only three dates, therefore the costs were reduced to $857.74. The National School District Assistant Superintendent is now requesting that the fees be reduced to pay for only the custodial fees, for a total of $201.06, instead of the $857.03. (Note the group has already paid the $857.74. therefore the City would have to refund $656.68). This item was pulled from the November 6th City Council Meeting, per the request of the applicant. C Environmental Review N/A X--- Financial Statement Approved By: A loss of $656.68 if the request is roved to pay only for custodial fees. STAFF RECOMMENDATIQI� Council decision on a reducti August 7, 2001. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. a ' which was previously approved by the City Council on ATTACHMENTS ( Listed Below) Resolution No. 1. National School District letter dated October 22, 2001 2. Council Meeting Minutes of August 7, 2001 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 Mr. Bert Myers, Director Public Works Department City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Myers: NATIONAL MY ru.-'c fl N DEPT. R:;CE,IVID October 22, 2001 This letter is written in regard to the National School District and the Beginning Teacher Support and Assessment (BTSA) Program using the Community Center for teacher trainings throughout this school year. Last year, the city generously allowed us use of the Community Center at no cost. This year, however, the cost relayed to us for meetings on October 23, 30 and November 14, totals $857.74. (The dates/costs of the meetings in January through May have not yet gone to the Council for approval.) Because the city has always worked with us in the past with regard to teacher trainings, and because the cost would greatly eat into the BTSA budget, I contacted Mayor Waters office to see if there was any way the cost could be reduced. As I explained to the Mayor, this is a totally non-profit teacher training program, which directly enhances the teaching skills of the teachers of the National School District. Mayor Waters said that the amount could be reduced to cover the custodial cost; however, I understand from your office that in order to do this it has to be approved by the City Council. Please advise me as to the status of this request as soon as possible. You may reach me at 336- 7751. Sincerely, Ellen C. Curtin, Ed.D. Assistant Superintendent — Educational Services ECC:slh cc: Mary Lee Augustine BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L CARPAL; ALMA GRAHAM; JAMES GRIER. JR; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON. Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES' ELLEN C CURTIN. Ed.D. ASSISTANT SUPERINTENDENT -BUSINESS SERVICES- MICHAFt .1 CACTANf1ur� c AccicTsr cr,ocor.rrc..c.,..� rr �....... a c."...... .,.., ... Book 83/rage L1N 8/7/01 OLD BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 18. SUBJECT: Request to use the Community Center for a Beginning Teacher Support and Assessment Progh rn and waiver of fees. RECOMMENDATION: None. TESTIMONY: Marsha Buckley -Boyle, 1923 Mesa Rd., El Cajon, spoke in favor of the request, responded to questions and indicated they would be willing to pay the fees if necessary. ACTION: Motion by Waters, seconded by Soto, in favor of the request, provided the applicant pays the fees of $2715.03. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2001 (403-16-1) 19. SUBJECT: Notice of Decision — Conditional Use Permit for expansion of a convenience store with the continued sale of beer and wine, at a gas station at 2336 Highland Avenue. (Applicant: Moshail Kamel) (Case File No. CUP-2001-8) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. CONDITIONAL USE PERMITS 2001 (403-16-1) 20. SUBJECT: Notice of Decision — Conditional Use Permit for a youth boxing program and a variance for a reduction in parking requirements at 1018 National City Boulevard (Applicant: Clemente Casillas) (Case File Nos. CUP-2001-9, Z-2001-11). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Soto, in favor of staff's recommendation. Carried by unanimous vote. Book 83/Page 219 8/7/01 NEW BUSINESS TEMPORARY USE PERMITS 2001 (203-1-17) 21. SUBJECT: Temporary Use Permit — Christiansen Amusements — Carnival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the MEETING DATE _ City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. 24 ITEM TITLE PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT City Attorney The subject employee has appealed the decision of the Civil Service Commission. A companion closed session appears on the agenda in the event the employee or the employee's representative requests to address the Council in closed session. Also, the Council's deliberations will be held in closed session. Environmental Review __ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Affirm, revoke or modify the action of the Civil Service Commission. BOARD / COMMISSION RECOMMENDATION The decision and supporting materials from the Civil Service Commission have been transmitted to the City Council. ATTACHMENTS ( Listed Below ) Resolution No. N/A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO.. 25 ITEM TITLE REQUEST FOR THE INSTALLATION OF A CROSSWALK AT DIVISION STREET AND "R" AVENUE PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Dr. George J. Cameron, District Superintendent, has requested the installation of a painted crosswalk at Division Street and "R" Avenue for The New Horizons Elementary School. Dr. Cameron stated that the crosswalk is necessary for the safety of the parents and students crossing at "R" Avenue and for those that are jaywalking in the vicinity. At the Traffic Safety Committee meeting there was public input. They felt that the painted crosswalk would protect the pedestrians when they cross the street. Staff explained that numerous traffic studies have shown that marked crosswalks at unsignalized intersections give the pedestrian a false sense of security. Therefore, Pedestrians are being hit in marked crosswalks more often than at unmarked crosswalk intersections. El Toyon school, which is adjacent to New Horizons, has a signal light in front of it that can be utilized by New Horizons school. For the safety of the pedestrians, Public Works policy is not to install crosswalk at unsignalized intersection. The Traffic Safety Committee voted "4 to 1" against staff recommendation not to install a painted crosswalk for the public safety. CEnvironmental Review X N/A Financial Statement N/A STAFF RECOMMENDA ION/�/�� Denied the install. ': .� a osswalk at Division and "R" Avenue due to the close proximity of the existing signalized crosswalks. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of November 14, 2001, voted in favor of additional crosswalk. ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report to the Traffic Safety Committee a.. 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 14, 2001 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A CROSSWALK AT DIVISION AND "R" AVENUE (BY: G. CAMERON, TEL. NO. 3364500) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Dr. George J. Cameron, District Superintendent, has requested the installation of a crosswalk at Division Street and "R" Avenue for New Horizons Elementary School. Dr. Cameron stated that;the crosswalk is necessary for the safety of the parents and students crossing at "R" Avenue and for those that are jaywalking in the vicinity. Staff investigated the site of the request and found that New Horizons and El Toyon Schools are adjacent to one another. El Toyon School has a signal light in front of it that can be utilized by New Horizons School. There are no related accidents in the past three years and the existing volumes are 14,000 A.W.T. There is no sight distance problem. Numerous traffic studies have also shown that marked crosswalks at unsignalized intersections give the pedestrian a false sense of security. Pedestrians are being hit in marked crosswalks more often than at unmarked crosswalk intersections. The reason for the accidents are that the pedestrians are entering the street without observing on -coming vehicles and are not taking proper precautions. For the safety of the pedestrians, Public Works policy is not to install crosswalks at unsignalized intersections. However, according to the California Vehicle Code Section 275, a crosswalk exists at the intersection even though it is not delineated by paint. It is legal for a pedestrian to cross at the intersection. STAFF RECOMMENDATION: Staff recommends that the existing crosswalks remain unmarked. EXHIBITS: 1. Letters 2. Location Map 2001-38 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CTTY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 September 21, 2001 Mr. Burt Myers, City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Dear Burt: CITY OF NATIOML CITr ENGINEERING DEPT. RECEIVED 1144.4 I am attaching a memorandum that I received from two of my principals. As you will read, they are requesting the installation of a controlled crosswalk at the corner of R Avenue and Division Street. This intersection is directly in front of New Horizons Elementary School and an area we perennially supervise against constant jaywalking. Over the years, the parents who live near this intersection have requested the installation of this crosswalk. In order for students to use a prescribed crosswalk, they must currently walk east to T Avenue or west to Palm Avenue. Although we promote and encourage parents and students to use these marked crosswalks, considerable numbers of parents and students continue to cross at the R Avenue intersection. The situation has become unsafe, irrespective of our daily supervision. I would, therefore, appreciate the opportunity to discuss this request with you at your earliest convenience. ( Sincerely, GeoJ. Cahieron, Ed.D. District Superintendent GJC:cim Enclosure BOARD MEMBERS: ROSALIE 'ROSIE ALVARADO; ANNE L. CAMPBELL; ALMA GRAHAM; DAMES GRIER, JR.; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPEPoHTEIDENT-EDUCATIONAL SERVICES: ELLEN C CURTIN, Ed.D. ASSISTANT SUPERINTENDENT -BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. hESAROS MORANDUM NATIONAL SCHOOL DISTRICT Date: September 14, 2001 To: Dr. George J. Cameron District Superintendent From: Gloria Madera, Principal, of New Horizons Elementary Craig Newman, Principal of El Toyon Elementary Re: Crosswalk RECEIVED SEP 14 2001 Following numerous pleas from parents and staff members, we would like to bring to your attention a most critical need to help ensure the safety of students at New Horizons and El Toyon Schools. Students from both schools use the controlled crosswalk located directly in front of El Toyon School. El Toyon's crosswalk, serving the intersection of Division and " C", is a tremendous help in ensuring a safer crossing of an extremely busy street (Division Street). However, there is no crosswalk of any kind serving the intersection in front of New Horizons School. Students from both schools needing to cross the intersection of Division and "R"Streets, dash across the intersection, many holding the hands of their parents. This intersection is directly in front of New Horizons School and poses a constant jaywalking hazard (no matter how strictly we patrol it). We are asking for your assistance in protecting the students and communities of both El Toyon and New Horizons Schools by helping us in effecting the placement of a controlled crossing at Division and "R" Streets. Sincerely, Gloria Mad Craig Newman Principal, New Horizons School Principal, El Toyon School , s,v, • • ,f \ , • ' • \ Vs ) \ N N.) •.: ....;'.., ,. (--\ c`p. --\' ' ▪ , ,,. izi, .....•:c*,..",zrztt.,..-.' i!,:!rt;.,..., .., , . t ,4,, .--."•:.i.4•:••.lv..'44tn.t24-iiHtilhigatirelY- At.A' ,,... • ,,;:;:;•': :..2...,,!.3-: rii:i zet-Li,.z.„,,iiia,...,...:: •.„,..•„ : .: .,,,• . • ..„0,....:147- .•., - - ,\.) 1 ' \ -) 1 - \ __,....,(t .,..) ......,-,,'.'• i t"...1 5._,.4,, ) •c.- J \--_-_:: •.) , ----7 4 i••••;-.71*' sr: 40--15 ; , • • 4 ,:•T• ; : . VACATE TAT STREET CFAM1 FC71. CP C#(URCO RANGER MUSIC HALL 4th �.i a DIVISION STREET 5th ST. 67' TO L/CHT /07' TO SCHOOL EX/7 EXISTING FFIC SIONA LOCATION MAP 4th ISTING CROSSWALK STREET WEELM 1 l my I 1 t STREET r STREET nrrr AY CA 92C 42 > CU ]] _A]GA C11 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. 26 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE MAHARLIKA SENIORS FELLOWSHIP OF SAN DIEGO, INC. AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The Maharlika Seniors Fellowship of San Diego, Inc. is requesting use of the North Room and kitchen on Saturday December 15, 2001 to hold a dinner -dance for the seniors and youths of National City. They are asking to use the Center from 8:00 a.m. until 3:00 p.m. Approximately 175 people are expected to attend. Costs: Building: $562.88 Custodial: 134.04 Kitchen: 80.00 Total: $776.92 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However it would take the approval of City Council to waive the fees. Environmental Review X N/A Financial Statement Loss of $776.92 if waiver of fees is approved. STAFF RECOMMENDATI Approved By:.. Council decision on use of -the ommunity Center and jrvaiver of fees. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Community Center 2. Maharlika Seniors Fellowship letter dated November 27, 2001 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. OrganizationMAHARLIRA SENIORS FELLOWSHIP & NC COLLABORATIVE FAMILY RESOURCE CENTER Person in charge of activity NENITA F. ROSALES & MELANIE GOODYEAR/BERTA TAPIA Address 1 317 D AVE. #412 N.C. Telephone 477-8307 & 336-8336 City facilities and/or property requested NATIONAL CITY COMMUNITY BLDG _ (NORTH ROOM) Date(s) of use DECEMBER 15, 2001 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the pernuttee or its agents, employees or contractors. ? /-OwAJZ&/ Official Title FPS , Certificate of Insurance Approved by /1/2.716 Date Rev. 04/01 Name & Title APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." National City Name of Organization MAHARLIRA SENIORS_ 4. FAMILY COLABJ4Lr, ORATIVE PAY 1?ILLOW5HIP RESOURCE CENTER Business Address 1317 "D". AVE.*a1 2. r_ 304W 18thSt_ ' r Name of Applicant N1NIT.A , ROSAL` S & BFRTA TAPIA ! MELANTE GOODYEAR Address #304 W 18th St. NC SAME As -ARov1 Telephone Number 019) 477- 8307 _(day) (619 )336-8116 (evening) Type of Function S1 NTntt-,vcuum sprTnr. NTI.WCUT.Pmu T Ti i►L� �pPl'E}T('�i$�l4�=OVAL Date Requested - CHRISTMAS LUNCHEON -DANCE EVENT DECEMBER 15, 2000 Decorating Time 8:00 AM (am/pm) to _ 8 : 45AM (am/pm) Function Time 9 : 00 AM (am/pm) to 4 - n n PN (am/pm) Use of Kitchen Facility , yes no Use Time 10AM (am/pm) to 3: OOPM (wpm) Clean-up 11.00 (am/pm) to 3 : 0 0 PM (am/pm) Number of Participants 175 ( Seniors -Adults -youth) Will Admission be charged? NO If yes, Amount $ FREE Will this event be used as a fund raising event? NO Will alcohol be served? NO ABC Permit Submitted? Certificate of Insurance attached? Special configuration of tables or chairs required? YES (If yes, attach sketch) Special equipment required? YES (If yes, attached list) Copy of Rules & Regulations provided? Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. : ' 11 a:7 fo/ Si ature of Vicate MAHARLIKA SENIORS FELLOWSHIP OF SAN DIEGO, INC. 1317 "D" Avenue, National City, CA 91950 Apt. 412 Phone (619)477-8307 NENITA B.F. ROSALES -FOUNDER- President - Chairman APPROVED CORPORATE NO.1552020 PILAR GARCIA REGISTERED & LICENSED: Coordinator JULY 08,1987 November 27, 2001 Burt Myers, Acting Director Public Works and Engineering Dept. National City, Ca 91950 Re: Requesting Permit and Waivers Fee for the Use of the North Room of the National City Com- munity Building on 140 E 12th St., National City, on December 15th, 2001 from 9:00-4:OOPM. S i r : The above -named Corporation is a Non -Profit Mutual Benefit Corpora- tion, registered and licensed by the Secretary of State, State of California on July 8,1987, with National City as the center of its business operation. The business and purpose of this corporation is to organize, oper- ate, and maintain a Seniors Fellowship in this community by conduct- ing events and activities revolving on entertainment, recreation and amusements, literary, musicals, civic and socials, health and beauty fairs, dinners, balroom dancings and many other forms of kindred and legitimate venues to enhance the lives and well-being of the Seniors, 50 and +. Living on a limitted income, the corpora- tion is providing opportunities where they could spend and share sometime together for the rest of their remaining years, socially interacting with their peers and other groups in our community. Fortunately, the Paradise Valley Hospital, ina gesture of generosity and humanity, has financially assisted our corporation achieve this purpose. We have joined ourselves together in partnership, collabo- ration and networking to envolve our youth as a part of our Program. Building a otter relationship among the diversified cultures, gener- ations and ethic groups towards the mainstream of our society is of primary concern, hence this upcoming event. Hoping and praying that this proposal will meet your favorable approval. Thank you. Truly yours, NENI SR ALES P 5 yam_ Rs-, Pr o-u- d A Q, MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. _ 27 ITEM TITLE TEMPORARY USE PERMIT SWEETWATER TOWN & COUNTRY MERCHANTS - LUNCH WITH SANTA/TOY GIVEAWAY PREPARED BY DEPARTMENT_ _ Claudia Caro -Permit Technician Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to conduct a lunch with Santa & toy gift giveaway from 9:00 a.m. to 3:00 p.m. on December 8 and 9 and December 15 and 16, 2001. The event will be held on the shopping center parking lot. The Irce event will consist of lunch being served to 150 children of the community. After the lunch, they will sing Christmas songs and Santa will then give them a gift. There will also be clowns, face painting, balloons and pony rides. The Association will setup a 30x30 canopy, 14 tables and 84 chairs. They are also requesting permission to hang 4 banners at the entrance to the shopping center. 2 Environmental Review X N/A Financial Statement Approved By: The City has incurred S150.00 in costs in processing the T.U.P. application through variot sait+utor I )cpartmcnts. Account No. STAFF RECOMMENDATION Gl�ii Q Q.Q..(J Q\J Approve tie 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 approvals and Conditions of Approval. CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday & Sunday, December 8-9 & 15-16, 2001 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] NOTE: HEALTH DEPT WAS NOTIFIED VIA FAX 11/19/2001 CONDITIONS OF APPROVAL: FIRE (336-4550) 1. The use of a 900 square foot canopy will require a Fire Department permit. Please contact the Fire Department at the number above. 2. Maintain Fire Department access to the parking lot and any Fire Department connections at all times. 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) 1. No conditions, extra patrol. K., Resume 1414"4"s. bya 4 n Yn. bar 'by.Yj 0 bO4,..a kr �" r� bo. ay �t ro +aw +43/4"yam n V._^ + �� �� nu.,44 `,•`�. 41, ` S / ROppe ZYG YCYj �`C `-,..•� 41 + 0.O��R bye r•. r yeti/ L` 7 Type of Event: _ Public Concert Parade _ Motion Picture _ Fair _ Festival Community Event _ Demonstration Circus Block P r%y — Grand Opening Other `� Ci-Y\ Event Title: LUncJA ` � "w\ �(,, � Event Location:..W I,UGte`rN kDu1 j CEXJ J)pi*J l Cf ) Event Date(s): From 121(i R to 12-! J5'tl6 dal Anticipated Attendance: .250 -300 12Q6ple MonIN ayYYear (1, Participants) [� spectators) Actual Event Hours: 9 am/pm to 3 aCm//pm , Setup/assembly/construction Date: 12 !av ( Start time: I ! . -3 Perm_ Please describe the scope of your setup/assembly work (specific details): JC� I (� R. -)o K O Como pf)I4 Tables, , sq-el4 trs Dismantle Date: ! 2' K i I Completion lime: ( ) am/W. 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. NM" Sponsoring organization: SINE uthr hank/ a / � (� -`5 -(6 Chief Officer of Organization (Name) r1,el E A- Not-forPmfd Applicant (Name): grao.,G} (-,GA- Address: L Pa sutikc. S(uewtktQl\ AkhUvrcili/C0.1e Daytime Phone: 116 q7441/10,,Evening Phone: ifAqT7J ac7SFax: XI�� Contact Person "on site" day of the event: Pager/Cellular. NOTE: THIS PERSON MUST BE IN ATM/DANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CO OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? RYES _ NO Are admission, entryor partiapant fees required? ^ 40 YES yam_ NO If YES, please explain the purpose and provide amount(s): F ►S--X0 'S ,c15-41L $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 1/200,Estimated Expenses for this event. $ t32' :(3OWhat 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 injmahon about the ev ,t, al" /2:0:),A1e .) -ezZ 150 ,/ . -Me-Aut./4 2 YES NO Does the event involve the sale or use of alcoholic beverages? _ YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES 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 Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public Aw ing the event) _ ➢ Tables and Chairs /4labza,, g`X !%✓)) DI/Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity Dv/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 ➢ 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 dean condition.) Number of trash cans: /- Trash containers with lids: Describe7your plan for dean -up and removal of waste andd garbage during- andanjafter tthe/event: _G aa.k 'J;(.C.!" J /�Q/3?�4J.4,.Ldt (�Lc tad 6z 4id j eahLl4- T1, • 'WAmbiz) /MQ Q Q447./A.) • C'.�. -de._ 04-e9 3 Please describe your procedures for both Crowd Control and Internal Security: yn04,541 _ YES _4NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name): Phone: 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: i cafe what fi)0 �l a�� t you have a for p oovidi First Aid !ln- YL� t1•� pment. //^'I ��. /Q Please describe your Accessibility Plan for access at your event by individuals with disabil�es: alo Add otrai y&A,Liff (40-* &cub, fie/Ajvg, Please provide a detailed description of your PARKING plan: ,a(p4 pnA, (44)2,-y. sa4Ana, 4 event: Please describe your plan for DISABLED PARKING: .,64 hcid ouldaa-cam gn_tite. /odd Please describe your plans to notify all residents, businesses and churches impacted by the P/it NOTE. Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. V,,YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: J) Number��of�B,a�nds: IV Inw4' Type of Music: 7� t 1.5 l / Rlr9 1E $ YES YES YES Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: For Office 'Ilse OnCy Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 MEETING DATE - City of National City, California COUNCIL AGENDA STATEMENT December 4, 2001 AGENDA ITEM NO. 28 (ITEM TITLE TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Claudia Caro, Permit Teclacia?( Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from McCune Motors to conduct a three day used vehicle tent sale on Wards old parking lot at the Plaza Bonita Shopping Center, from Friday, December 14 -- Sunday, December 16, 2001. The hours of the sale arc 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.1. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. CEnvironmental Review x__ _ N/A Financial Statement Approved By: Finance Director The City has incurred S115.00 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 N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: December 14-16, 2001 TIME: 9:00 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 [ SPECIFIC Conditions of Approval: FIRE (336-4550) I . Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. 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. Zoo'. IliZeIZUU1 1.0:001 Facsimile 1, 1�lo/ DATE: ¶O: COMPANY: FACSIMILE NU , SER FROM' 7 B50 t SAS 26 _ PHONE NUMBER: NO. OF PAGES: C 1.A`t NAljeA Ci•Wjet a ma. eatAIT,A,J oJ p tit^' LT-' ' (A* 4)00/0iKke /4,15-446. Westflekt 5"OPPINGTOWN PLAZA BONITA 3030 Plain Hooka R 13aVoCr1l, 50 � SiAePhoe° 6y91 tTZ S S2 saM+u BUILDING AND SAFETY DEt ;. RECEIVED NOV 2G2001 Ni1Tv.DNAi C1TY, CALi F. S a r,.e,,� �d �d� �ryantsj m torts Is expressly Coombe&tl be 71 haw ru n conk° n tic Y� document t6aof ui yandth0^stied An conga d tlto t Arhi �a�te0 � �� (weenie charges) d�� sartse us Type of Event _ Public Concert _ Fair _ Festival _ Community Event _ Parade - Demonstration Circus .� I, — Block Party — Motion Picture _ Grand Opening Other t// Sf%zF Event Title: Event Location: U5EL) CM R CZOIREAJCE S'/1LtE PLl4Z - 0ON.i f - Event Date(s): From id-- /+to /*///Total Anticipated Attendance: Month/DaylYear ( 20 Participants) (180 Spectators) Actual Event Hours: pm to 10 am/ r� 11 Setup/assembly/construction Date: II- 13 Start time: I 1 P VI Please describe the scope of your setup/assembly work (specific details):/✓ w i LL (Y © OP r F TH EA) PEACE c cAA5 Dismantle Date: la%P Completion Time: `02 time of closing and day and time of reopening. List any street(s) requiring closure as a result of this event. Include street name(s), day and N%+ Sponsoring Organization: picrj »JE Macias XForProfit g (Name) To n) Y /�I C Ct9 O Not -for -Profit Chief Officer of Organization T UJ Applicant (Name): T(ON C Address: b3LlNA;teOM(-i�L 'i 6LV I\ 1, Daytime Phone: (6Ir� `17. ' 1IO'Evening Phone: (611) L[%)- ((0) Fax: (6 tJ (17 tI -,53 Contact Person "on site" day of the event: CURT }- L02y /' Pager/Cellular: 619 "-30a "g ILLS NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit° organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES \i• NO YES X NO $ 200 ?MO Estimated Gross Receipts including ticket, product and sponsorship sales from c� this event. $ ii� 00�0 Estimated Expenses for this event. $ N/i-r 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. GTPJTUS CUR -FEW i5,LL T1-1E CoMN»N� i SavTu Bpv XYES _ NO If the event involves the sate of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES ? NO Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: Ls%h VEN CLES _ YES )(NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. )YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies I Sizes -S(J X 30 NOTE: A separate Fire Department permit is required for tents or canopies. _ YESNO Wilt the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas / Please describe how food will be served at the event: //q- 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) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Go ► wau_ 43E: S& Pr 9A) i) inas o P-t-cv :,b OP Pc tsrc eV 6-s 3 Please describe your procedures for both Crowd Control and Internal Security: SecoRt--; ( iLL ,02k' cJzrH M RLl 5 Ecvrz,Try _ YES ') NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES*NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing an Equipment. ©u R Sro1E. f2R$T 4rb taz..t_ BE. us-EZ Please describe your Accessibility Plan for access at your event by individuals with disabilities: JJo T21c_ soPJS Please provide a detailed description of your PARKING plan: s ; E 02 Pill LL. PRe k nJc- AREA - Please describe your plan for DISABLED PARKING: trj4l L1G- 4 Please describe yourouplans to notify all residents, businesses and churches`impactedd bbyy the event: PAbrn /'�1 OF �1 - 1 IJEt�S Pow PEN i � SS A'JEIZ - A€T o /1&R NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. XYES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: WV Number of Bands: �Type of Music: .t}}��) . 3 • /"/' 05 )(YES ( NO Will sound amplification be used? If YES, please indicate: Start time: 6epm Finish Time an _ YES XNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event _ YES )(NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES u NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 'a e 'eceiv 6 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 AC)►JE MOro25 Person in Charge of Activity 6ET0QCE 5it/%k/ Address f , Telephone (6 i �} 1177— 034 Date(s) of Use f ( �`1 TRoocA 40 1o47zcom C Ci r y Q i clj J- C-, /q. O HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant GSA Official Title 97-4/0 Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 4, 2001 AGENDA ITEM NO. _ 29 ITEM TITLENOTICE OF DECISION -- CONDITIONAL USE PERMIT FOR A CHURCII AT 1341 E. 81.6".'\ STREET, SUITE B (APPLICANT: REVIVAL LIGHTHOUSE CHURCH) (CASE FILE NO. CUP-2001- 17) PREPARED BY Andrewoskinson DEPARTMENT Planning EXPLANATION The project site is a 1,092 square foot suite in a 5,400 strip commercial center with 31 off-street parking spaces. The site is on the north side of 8'h Street about one block west of Palm Avenue in the Limited Commercial (CL) zone. Uses in the center include a driving school, realty office, dentist office, computer repair business, and a travel agency. 'Typical hours of operation of the businesses are 9:00 a.m. to 5:00 p.m. Monday through Friday. Other uses nearby the center include residential duplexes to the north, apartments to the west and Palm Plaza shopping center to the east. The applicant proposes to use the suite as an office and as a gathering place for the 25 member church. Church services are held Wednesday and Friday evenings from 7:30 p.m. to 9:00 p.m., and on Sunday from 10:30 a.m. to 12:30 a.m. The pastor leads the services with the use of a microphone; music is played on an amplified keyboard and is accompanied by singing from the congregation. The church should have little impact on the other businesses in the center, since its hours of operation are when the other businesses are closed. Also, since there is no direct physical link between the church and nearby residences there is little potential for impact to those residences. Planning Commission held a public hearing November 5, 2001. There were no public comments, so the Commissioners voted to approve the Conditional Use Permit with a condition allowing the church flexibility ,in the time and day of their weekday services. Environmental Review X N/A Exempt Financial Statement N/A Account No. STAFF RECOMMENDATION I - Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote:Ayes — Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 36-2001 2. Location Map 3. Site Plan and Floor Plan Resolution No. A•::.; RESOLUTION NO. 36-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1341 E. 8TH STREET, SUITE B APPLICANT: REVIVAL LIGHTHOUSE CHURCH CASE FILE NO. CUP-2001-17 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a church at 1341 E. 8th Street, Suite B at a duly advertised public hearing held on November 5, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-17 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 November 5, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will take place in an existing 1,092 square foot suite in a commercial center with 31 dedicated off-street parking spaces, which satisfies Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is accessed from 8th Street, an arterial road, and since the 25 members of the church will not greatly increase the traffic volumes along that road, and since church activities will occur at times of lesser traffic at the shopping center and on adjacent roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in a commercial center, and since its doors face other commercial uses; thus there will be negligible potential for noise disturbances. 4., That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the use of a 1,092 square foot suite in a commercial center as a church. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2001- 17 dated 9/18/01. 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. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 4. All doors and windows are to be kept closed when sound amplification equipment is used. 5. Hours of church services shall be limited to Monday through Friday between 7:00 p.m. and 9:00 p.m., and Sundays between 10:30 a.m. and 1:00 p.m. 6. There shall be no more than 50 persons in the church at any time. 7. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 8. 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. 9. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 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 November 19, 2001, by the following vote: AYES: VALDERRAMA, FLORES, PARRA, BACA, REYNOLDS. NAYS: ABSENT: UNGAB, DETZER. ABSTAIN: RANCHO DE LA NAC ON PROFESSIONAL C NI ER L_.._ J EXISTING BUILDING\\U PROJECT SITE- SUITE B AN LOCATION MAP 1431 E. 8th Street Suite B CUP-2001-17 NATIONAL CITY PLANNING DRN. DATE: 10/17/01 INITIAL HEARING: 11 /5/01 CON CR -C-2-re- \IstaL\<wAYs-- 30 41 -1-A t. it _ ;PROPERTY LINE Te-PcSHV RECZ-PTA C4-E 1 (1) t*. • IAND.SyFE &DEM\ LIG i3V I L.Q1 G N •, 4 PA 1 0 F- D TS e PAR10140 SPACE I PARKII4 •t•. I.. • t • ( 1•• • • -• • • bRIV"WA), PWIPAIC.E_ Ill I_PthYD5CAPE qq' PROPERTY LAIC 2.2' CAA 11- DRr_1.is e,OCV? AREA= )54-B .F-