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HomeMy WebLinkAbout2002 02-05 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — FEBRUARY 5, 2002 — 6:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF JANUARY 22, 2002 PRESENTATIONS Mills Act Presentation COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 2/5/02 PAGE 2 PROCLAMATIONS Proclaiming Friday, February 22, 2002 as: "NAVAL STATION, SAN DIEGO DAY" INTERVIEWS/APPOINTMENTS City Boards and Commissions - Interview PUBLIC HEARINGS 1. Public Hearing — Subdivision for 164 condominiums and two single-family lots on the south side of Sweetwater Road east of the Plaza Bonita Shopping Center and 100 feet west of Calmoor Street. (Applicant: Whitaker Investment Corp.) (Case File No. S-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 Councilmember, a staff member, or a member of the public. 2. Resolution No. 2002-11 Resolution of the City Council of the City of National City declaring Mission Valley Pipe & Supply the lowest responsive bidder and authorizing the Purchasing Agent to issue a Purchase Order for miscellaneous plumbing fixtures. (Purchasing) 3. Resolution No. 2002-12 A Resolution of the City Council of the City of National City declaring Adamson Industries the lowest responsive bidder and authorizing the Purchasing Agent to issue a Purchase Order for Police Tactical Ballistic Helmets and Visors. (Purchasing) COUNCIL AGENDA 2/5/02 PAGE 3 CONSENT CALENDAR (cont) 4. Resolution No. 2002-13 A Resolution of the City Council of the City of National City declaring LC Action and San Diego Police Equipment the lowest responsive bidders and authorizing the Purchasing Agent to issue Purchase Orders for Police Swat Equipment. (Purchasing) 5. Resolution No. 2002-14 A Resolution of the City Council of the City of National City approving Change Order Number One, accepting the work and authorizing the filing of a Notice of Completion for the J. Louis Camacho Recreation Center Rehabilitation Project. (Engineering Spec. No. 00-11) (Public Works/ Engineering) 6. Resolution No. 2002-15 A Resolution of the City Council of the City of National City establishing Underground Utility District No. 23 on 8th Street from 1-5 to National City Boulevard, and Roosevelt Avenue from 8th Street to Plaza Boulevard. (Engineering) 7. Resolution No. 2002-16 A Resolution of the City Council of the City of National City approving an adjustment of the salary ranges for designated temporary, part-time positions. (Personnel) 8. Resolution No. 2002-17 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Munifinancial Corporation to provide Arbitrage Rebate and Municipal Disclosure Services. (Finance) COUNCIL AGENDA 2/5/02 PAGE 4 CONSENT CALENDAR (cont) 9. WARRANT REGISTER NO. 30 (Finance) Ratification of Demands in the amount of $1,365,730.53 10. WARRANT REGISTER NO. 31 (Finance) Ratification of Demands in the amount of $192,466.99 11. Consolidated Cash and Investment Report as of September 30, 2001. (Finance) 12. Street Tree Committee Minutes. (Parks & Recreation) ORDINANCE FOR INTRODUCTION 13. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code regarding Housing Programs, including Transitional Housing and Emergency Shelters; Density Bonus Provisions, Second Units, Other Affordable Housing Incentives and Related Definitions. (Applicant: City of National City) (Case File No. A- 2002-1) (Planning) OLD BUSINESS 14. Community Police Relations Task Force. WRITTEN COMMUNICATIONS 15. Letter from the Boys & Girls Clubs of National City requesting permission to hold their 9th Annual Casino Night on Saturday, April 13, 2002, from 5:00 p.m. to 12:00 a.m. at the Boys & Girls Clubs of National City. Permission is also requested to sell beer and wine at this event. COUNCIL AGENDA 2/5/02 PAGE 5 NEW BUSINESS 16. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building and Safety) 17. Request by Sweetwater High School for early opening of the swim pool for use by their swim team. (Public Works) -* CITY MANAGER CITY ATTORNEY - OTHER STAFF - > MAYOR -* CITY COUNCIL 18. January 31, 2002 SANDAG correspondence regarding MTD Board of Directors Position, January 24, 2002. (Councilman Morrison) COUNCIL AGENDA 2/5/02 PAGE 6 NEW BUSINESS (cont.) 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 Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(a) 1) Claim of Cecilia Morales and Alberto Morales 2) Viviane Elig v. City of National City, U.S. District Court Case No. 00cv2106-K(NLS) Conference with Labor Negotiator — Government Code Section 54957.6 Agency Designated Representative: Roger DeFratis Employee Organization: National City Municipal Employees' Association Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Roger DeFratis, Randy Kimble Employee Organization: National City Firefighters' Association ADJOURNMENT Next Regular City Council Meeting — February 19, 2002 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 s PRESERVATION + PROMOTION = PROSPERITY P.O. Box 80906 San Diego, CA 92138-0906 619-233-8833 FAX: 619-238-1725 HistoricSanDiego@aol.com PRESENTATION TO THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA by Louise Torio Mills Act Advocate MITIS ACT Q&A What is the Mills Act? The Mills Act is property tax reduction for designated historic properties. The tax savings can be used to help maintain that historic property. Why is it called the Mills Act? The legislation is named for the author of the legislation -- historian, statesman, and writer Jim Mills. Senator Mills is well known for being an advocate of mass transportation, for creating our current San Diego Trolley system, and for his many years as chairman of the board of the San Diego Metropolitan Transit Development Board (MTDB). Although now retired from public life, Senator Mills has consistently been a strong supporter of historic preservation in our region. Why would the City Council of National City vote to bring the Mills Act here? Because it's very smart. By giving back a percentage of tax money, it creates incentive to restore older properties. A Mills Act contract reduces the amount of property tax collected by the city, but the city doesn't miss very much money. That's because for every dollar of property tax collected, about 85 cents or so goes directly to the County of San Diego. It is the County Assessor's Office that calculates the tax savings for Mills Act contracts. And the County knows that restoring historic buildings is good for everybody's property values. The homeowner wins, National City wins, and the neighborhood wins. Do other local cities have the Mills Act? Yes. The Mills Act has been very successful in the cities of San Diego, Escondido, and La Mesa. Recently, the cities of Coronado and Chula Vista adopted the legislation. Currently, there are about approximately 300 buildings within San Diego County that are under Mills Act contract. Will any old building qualify for the Mills Act? No. In order to qualify, the structure must be a designated historic building. The designation can be at the local, state, or national level. How do I get my home locally designated if it was not designated in the past? The last survey of historic properties for National City was done a number of years ago. The historic survey needs to be updated. Many buildings that were listed on the survey but not designated when the survey was done could qualify now. As a general rule, to qualify as historic, a building must be at least 50 years old and be a good example of a particular architectural style or be associated with a person or event of local, statewide, or national historic importance. HISTORIC SAN DIEGO • P.O. Box 80906 • San Diego, CA 92138.619-233-8833 • ' I would like to benefit from the Mills Act, but I've heard that historic designation would place restrictions on my building. Is this true? Yes and no. Historic designation is a means of helping preserve your building for the future, so preserving your building must be one of your goals. In theory, we should all be stewards of our property and should seek to be true to the building's original architectural style. By seeking historic designation, you are acknowledging your role and responsibility in keeping this structure safe as a contributing member to National City's historic neighborhoods. If your building is granted historic status, then this means you would not replace wood windows with aluminum ones, cover original wood with stucco or vinyl siding, or put an addition on the building that is visible from the sidewalk in front of your home. In fact, if any of these unsympathetic "improvements" were done to your building, and your building does qualify as historic, you could use your tax savings under the Mills Act to undo the damage done by previous owners. By getting your building historically designated, you are helping preserve National City's architectural legacy and adding your name to the ranks of those who care about where we live. You mention "buildings," not "houses." Would buildings other than houses qualify for the Mills Act in National City if the ordinance in adopted here? The Mills Act was written so that not only owner -occupied single homes can qualify, but multi -unit homes like Brick Row and commercial buildings could apply. If the City Council of National City can be convinced to take advantage of this preservation incentive that they direct staff to write the ordinance so that historically designated commercial buildings will also qualify It benefits the entire city if commercial buildings could also take advantage of this preservation tool. If I apply for the Mills Act, what am I committing to doing? The Mills Act is a 10-year, "endlessly renewable," legally binding contract with the city. After your building is historically designated, you would fill out a Mills Act application and submit it to the city with a minor fee. When your Mills Act application is approved, you will be sent a contract to sign and have notarized. By signing this document, you are agreeing, in principle, that in return for the tax savings you are going to preserve your building. Your Mills Act contract, if you are in good standing and not in violation of the ordinance, is endless renewable: itwill always have 10 more years on it, unless for some reason you wished to cancel the contract. (You won't want to cancel. See related question below.) Can the city ever cancel the contract on me? If so, would I have to pay back the tax savings? No, a city cannot cancel a legal contract. The contract will be as legally binding on the city that issued it as it will be on you. There will be no need to pay back the tax savings because of the city canceling a contract. HISTORIC SAN DIEGO • P.O. Box 80906 • San Diego, CA 92138.619-233-8833 • ' • With the Mills Act, will I have to show what I spent the tax savings on each year? We hope not. The historic homeowners I have helped to lobby the Chula Vista City Council asked that the ordinance be written like it is for the City of San Diego. Mills Act contracts in San Diego do not require submittal of receipts to prove that the tax savings were put back into the home. (The Mills Act is not a reimbursement program.) Not having to show how you spent the tax savings toward your historic building maintenance or restoration will save a lot of money and administrative time on the part of the city. I hope that the if we can convince the City Council in National City to adopt the Mills Act, it will also see the wisdom of not requiring staff time to check receipts and proof for goods purchased for building restoration. How much money can I expect to save with the Mills Act? Tax savings can be big often up to 60 percent. However, there are some properties in the city of San Diego that are benefiting from a savings of almost 90 percent. That's a lot of savings! The County Assessor's Office determines the tax savings by applying a complex formula to the current amount of taxes being paid to determine the new amount. (It is no simple calculation. In future Mills Act workshops hosted by the National City Historical Society, we can have a representative from the County discuss how they figure the new tax.) When would I see the tax savings with the Mills Act? In other cities, an owner would apply any time during the year, with usually an autumn cut-off date, in order for the tax savings to be reflected in the April tax bill. Do I have to open my home to the public if I have a Mills Act contract? No. In 1984 the Mills Act was changed so that you never have to open your home to the public. Under a Mills Act contract, will I have to open my home for inspection by city officials? Often there is language as part of the ordinance that would allow for an inspection by city officials, but an inspection would usually only be requested if the City suspected that an owner was violating the Mills Act contract. In other cities in California with the Mills Act, a yearly drive -by inspection is usually all that the Planning Department does to be sure that the building under contract is being cared for. What happens if I sell my historic building before I have the Mills Act for 10 years? The new owner assumes the benefits of the Mills Act contract! Lucky for the new owner! This means that during less -than -robust economic times, your building with a Mills Act contract just got that much more desirable in comparison to other similar properties. HISTORIC SAN DIEGO • P.O. Box 80906 • San Diego, CA 92138.619-233-8833 • Why don't all the cities in California have the Mills Act? Because each municipality must adopt the Mills Act, each local city government must make a decision to offer this preservation tool. Some cities do not embrace historic preservation as a revitalization tool; they wipe away old buildings and neighborhoods and encourage only new development. Wise city councils realize you need the old with the new (you need to have a "past" in order to see the "future") and that historic preservation brings cultural tourism and local reinvestment. By offering the Mills Act, your city would be saying that historic preservation is good for the city and good for the building owner. The revitalization of neighborhoods is contagious. Once unappealing and "remuddled" buildings have undergone positive restorations in the other cities in San Diego County that have the Mills Act. This can happen in National City also. Can I ever cancel my Mills Act contract? Why would you ever want to cancel? When you see what you save versus what you pay, you'll never want to give up the Mills Act. If for some reason you do want to cancel, you can give written notice that you want to cancel, and in 10 years your contract would be void. If you wanted to cancel sooner, you would have to repay your tax savings and possibly submit a fine. However, only ONE contract in the State of California was ever voided because of improper behavior of the applicant toward his historic home. The tax benefits had to be repaid, with penalty. How do I learn more about the Mills Act and whether it will be beneficial to me? Become a member of the National City Historical Society and ask to be notified as soon as a Mills Act workshop is scheduled. If you have friends with historic or vintage homes that live in a city that does not yet have the Mills Act and you want to learn more about how to organize to lobby your elected officials, call Louise Torio at 619-233-8833 or e-mail her at HISTORICSANDIEGO@aol.com. (Mills Act information provided by Louise Torio and is current as of January 2002. All rights reserved.) HISTORIC SAN DIEGO • P.O. Box 80906 • San Diego, CA 92138.619-233-8833 • M D I E G OISSUES By Louise Torio • Photography by Gary Payne Go Historic. and Save Taxes, Too OLDIE BUT GOODIE: Juan and Rosie Ulloa used Mills Act property -tax savings to help them restore their Sherman Heights home, which was designed and built by the Quayle Brothers in 1905. kay, admit it: you love old houses but you're concerned that they may cost much more to maintain than newer homes. You crave a Bankers Hill Victorian, or a Kensington Spanish Revival or a Golden Hill bungalow — if only you could get a break on the upkeep. Well, owning a historic home in San Diego, Escondido or La Mesa gets you that break — via property tax reduction — if you apply for a Mills Act contract. And with tax saving sometimes at 80%, we're not talking about finding change under the couch cushions. We're talking serious savings that just might pay for that new roof, or upgraded electric or restored facade. Under the Mills Act owners of qualified historic properties who agree to restore, preserve and maintain their historic properties nor only get appreciative nods from their neighbors, but bonafide money in their OGTOBER'uuu 17 SAN DIEGO ISSUES pocket in the form of tax savings. The savings from this 10-year renewable contract can be put towards mainte- nance of the historic property. A key word is historic; your home doesn't have to be in a historic dis- trict, but it must be historically desig- nated locally in order to qualify. (As a rule of thumb, properties in most of the participating cities are eligible for possible historic designation when they reach 50 years old, but some homes associated with important architects have been designated before they reach that age.) Your home may be designated historic if it is architec- turally significant, or it is associated with significant people or events in your town's history. (You can do the research or hire a historian to do it for you in order to submit designation forms to your local designating body.) And if you own a contributing build- ing in an already -designated historic district, you're home probably is des ignated already and you can begin taking advantage of the Mills Act benefits sooner. In some cases, com- mercial buildings and multi -unit dwellings are also eligible. How does the Mills Act work? The County Assessor's Offices applies a complicated formula to your property that looks at what the property might rent for, what the remaining economic life of the property might be, and the land -to -building ratio. The higher the value, the more you save, and it's nor unheard of to realize 40% to 70% or higher in tax savings. According CO Kathy Romero of the County Assessor's Office, the Mills Act "adds value to the integrity of the entire community." At the Mills Act Workshop held by Save Our Heritage Organisation (SOHO) a few months ago, Romero described how there are about 175 homes in the county now protected with Mills Act contracts. San Diego County has the highest cuncentrauon or i\lslis Act contracts in the stare of California, and county offi- SAN DIEGO ISSUES cials expect to see the number reach 225 by 2001. Having a Mills Act contract means never having to say you "remuddled" (a term used to describe a slipshod remodel). Your home should be a gift to the street for its period of signifi- cance, and that means nothing inap- propriate that detracts from the home's historic significance should be on view (time to put those frog lawn ornaments your in-laws gave you in the back yard). You're not restricted in what you do to your home's interior or to parts of the home unseen from the street, but the spirit of historic preservation and stewardship should prevail. The Mills Act remains with your home, so when you sell, your house is that much more attractive to potential buyers. San Diego, La Mesa and Escondido each have their own rules for adminis- tering the Mills Act. Coronado will be coming on board soon, and the -law is being reviewed for Chula Vista. With the big success the Mills Act has been for the cities char have adopted it, and the big tax savings realized to the '* individual homeowners, this is one tax program that you'll want to learn more about. Call your local city planning depart E ment for more information, or lobby' your elected officials if they've nor yet adopted the Mills Act. With hundreds more eligible historic properties our there, the Mills Act just might be the best tax law you never knew about. (For Mills Act information in San Diego, call 619/235-5224; in Escondido, call 760/839-4555; in La Mesa, call 619/667-1 177; in Coronado, call 619/522-7326. In Chula Vista, call the City Council and support the adoption of the law. For other questions, call • ■ 4/1-2g-51517, Author Louise Torio is a preservation activist and the owner of two historic homes in the Sherman Heights Historic District. Her tax savings with the Mills Act total almost 70Cr. • r 2 4 UI 0 rc UI I- UI 2 z 2 a 2 0 x •„; 4 „ 17, r iMlf.414-frx:1-req.• Page 6 of 6 Mills Act Contract SIGNATURE PAGE TO MTT LS ACT AGREEMENT FOR (Address) CITY OF CHULA VISTA Date: Approved: OWNER(S) OF RECORD Date: By: Shirley Horton, Mayor (Notarized Signature) Date: Date: Attest: By: Susan Bigelow, City Clerk (Notarized Signature) Date: Approved as to form: John Kaheny, City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL, J:1Pt- nniz, John5\Historic Resources\MILL5 ACT AOREEri1ENT.doc Page 5 of 6 Mills Act Contract 10, General Provisions, a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected Officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. e. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish prpof, to the satisfaction of City, that the agent or representative has authority to" act on Owner's behalf £ This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto BACKGROUND INFORMATION THE CITY OF SAN DIEGO AND THE MILLS ACT *Adopted San Diego Council Policy #700-46, effective 7/18/95 *Sample City of San Diego Mills Act Contract For more information about the Mills Act, contact Louise Torio Historic San Diego Marketing & Consulting 619-233-8833 e-mail: HistoricSanDiego@AOL.com THE CITY OF SAN ❑IIEGO lip for cal Qe$ource8 Board To: Ail Owners of Historically Designated Properties. Subject: The Mills Act Property Tax Reduction The City Council has approved a Council Policy which outlines guidelines and procedures for obtaining a property tax reduction under the Mills Act for (waters of designated historic properties. This Mills Act is a program of the State of California. According to the County Assessor's Office, under the Mills Act, the City is able to offer property tax reductions in the range of 40 to 70 percent in the majority of cases in which applications are made. The property owner must be willing to commit to maintaining the historic property for at least 10 years. However, the Mills Act may not reduce the property tax of a historic property that has not had a change of ownership since March 1, 1975 (Prop 13). To qualify, owners of designated. historic buildings must agree to enter into a 10-year contract with the City that is automatically renewed on an annual basis in order to meet the mandated State and City requirements. For more details, please refer to the copy of Council Policy 700-46, dated July ".8, 1995, regarding the Mills Act which is included with this letter. Once the: contract is signed, the City will conduct drive -by inspections on a periodic basis to verify that contract conditions are being met. The contract can be terminated by the City if those conditions are not met. An owner may ter u,inate the contract by giving notice to the City and ; waiting for the 10-year term to end. If the own.er does not wait for the 10-year term to end, penalties may be assessed. If the property has code violations, the code violations will be handled under noinial City procedures.. Correcting code violations is not a requirement of the Mills Act. Generally, properties located in adopted Redevelopment Project areas have additional requirements, except for owner -occupied, single-family homes (including properties that may s/ �..f��' ir,Ij ( 19i' .. a sx � • _ fit t t $`� f11lf • lr+wr+.ow tw Planning and Development Review 202 C Street, MS SA , San Diego, CA 92101-3864 Tel (619' 236-6479 Fax (619) 236-6478 All Owners of Historically Designated Properties Page 2 have a second residential unit) which follow the same guidelines and procedures for properties outside of adopted Redevelopment Project areas. The additional requirements are that the property requires rehabilitation, that the owner agrees to rehabilitate the property in accordance with a pro -forma approved by the Redevelopment Agency, that relief under the Mills Act is necessary for the property to be maintained, and that the property owner has not received other assistance from the Redevelopment Agency for maintenance of the property. Owners of historic properties in adopted Redevelopment Project areas should contact the Redevelopment Agency of the City of San Diego at 236-6039, or the Centre City Development Corporation, the Southeastern Economic Development Corporation, or the Mid -City Development Corporation if the property lies within their jurisdictions. A pro -rated filing fee, based on $100 per $100,000 of the property's assessed value, will be charged prior to the processing of the contract. For more infouuation, contact the Staff to the Historical Resources Board, by phone at (619) 235-5224, or by letter to the City Planning and Development Review Department, 202 C Street, Fourth Floor, San Diego, California 92101. If you already have a letter of interest on file, it is not necessary to contact the City. Notice to all owners of historically designated properties: If you wish to purchase a sign stating that your property is historic, it is available through RC Signs, 3558 Winnetka Drive, Bonita, California 91902. Contact Rod Friant at (619) 472-0560. CITY OF SAN DIEGO. CALIFORNIA COUNCIL POLICY SUBJECT MILLS ACT AGREEMENTS FOR PRESERVATION OF HISTORIC PROPERTY POLICY NUMBER 700-46 EFFECTIVE 07 / 18 / 9 5 DATE • BACKGROUND California state law authorizes cities to enter.into contracts ("Mills Act Agreements") with the owners of qualified historical properties to provide a property tax reduction for the use, maintenance and restoration of historically designated properties. The minimum requirements for a Mills Act Agreement, as mandated by state law include: Minimum contract term of ten (10) years, automatically renewable on an annual basis, to be recorded against title to the _property and running with the land. 2) Owner shall maintain the regulated characteristics of historical significance of the Historic Site in accordance with the rules and regulations published by the Secretary of the Interior. 3) Otiwner oust allow reasonable periodic examination of the Historic Site, if a request is made and by prior appointment, by representatives of the County Assessor, State• Department of Parks and Recreation and the State Board of Equalization. 4 City may cancel the agreement following a duly notice public hearing if it is determined that -the owner breached an mandatory conditions of the Contract. i PURPOSE This policy is adopted to provide a monetary incentive to the owners of historically designated properties in the form of a property tax reduction for the maintenance, restoration and rehabilitation of historic properties within the City of San Diego. A properly recorded Mills Act Agreement automatically triggers an alternative method for determining the assessed value of the affected historic property, thus potentially resulting in significant property tax savings for the owner of the historic property. POLICY It is the policy of the City of San Diego to-foster'and encourage the preservation, maintenance, rehabilitation and restoration of 1 of 4 PAGE CC.tr. ltt.e sJ CFY OF 5AN OIEGO. CALIFORNIA COUNCIL POLICY `'E'EFfILLS ACT AGREEMENTS FOR PRESERVATION OF • HISTORIC PROPERTY RoLicY 700-46 NUMEER EFFECTIVE 07/18/95 GATE historically designated properties. It is recognized by the City that a reduction in property taxes afforded by the Mills Act -will serve as a key monetary incentive for citizens to acquire, maintain and restore historic property within the City of San Diego. However, it is also recognized that the revitalization goals of the Mills Act may overlap and conflict with the neighborhood revitalization mission, goals, policies and programs of the Redevelopment Agency of the City. of San Diego. Because of the negative impact on tax increment financing and other measures available to promote historic preservation through redevelopment, Mills Act Agreements shall be applied in redevelopment project and study areas as delineated below. IMPLEMENTATION 1. Areas Outside of Redevelopment Proiect Areas and Study Areas The City Manager or designee is authorized to enter into a Mills Act Agreement with the owner of any historically designated property, upon application by the owner and subject to the following restrictions: A) The contract shall contain the.m„inimum mandatory conditions required by state law. B) The owner shall pay a graduated processing fee of $100 per $100,000 of assessed value prorated to actual value, however in no event shall the processing fee exceed the actual cost of processing and recording the Agreement. C) A drive by inspection will be performed on a periodic basis by City staff to verify that the structure is being maintained in weather tight condition. The Owner must allow visibility of the exterior of the structure from the public right-of-way. 2. Areas Within Redevelopment Proiect Areas and Study Areas The City Manager or designee is authorized to enter into a Mills Act Agreement with the owner of a historically designated property located within a redevelopment project or study area, upon application by the owner, subject to the above restrictions, and including: Redevelopment Study Areas - L PAGE Cc-1n It 1-.5) CITY OF SAN OIECO, CALIFORNIA COUNCIL POLICY SU5JECI. ILLS ACT AGREEMENTS FOR PRESERVATION OF HISTORIC PROPERTY POLICY NUMSER 700-46 EFFECTIVE 07/18/95 DATE Within a Redevelopment Study Area Mills Act Agreements shall be permitted in conformance with this City Council Policy 700-46 and State law requirements, until adoption of the redevelopment project area. Within the Sherman Heights and Grant Hill Historic Districts; however, should they become part of a redevelopment project area, Mills Act Agreements shall be implemented as in item 1 above. Redevelopment Project Areas Within a redevelopment project area, with the exception of the College Community Redevelopment Project Area, Mills Act Agreements shall be permitted as follows: 1. Owner -occupied single-family hones (including properties which may have a second residential unit) shall be eligible for Mills Act Agreements, in conformance with this City Council Policy 700-46 and state law requirements. 2. All other properties shall be eligible for Mills Act Agreements, in conformance with this City Council Policy 700- 46 and State law requirements, on a case by case basis and only when all of the following criteria are met: (1) The property requires rehabilitation (2) The owner agrees to rehabilitate the property in accordance with plans approved by the Agency (3) The owner demonstrates through -a project proforma, which is independently evaluated by the Agency, that a Mills Act Agreement is necessary to achieve a financially feasible project,• and the Agency concurs that a Mills Act Agreement is the appropriate form of public financial assistance. No Mill Act Agreement shall be implemented within the College Community Redevelopment Project Area. The City Manager shall report on annual basis to the City Council with respect to the number of Mills Act Agreements executed and the effectiveness of the program_ CROSS REFERENCE 3 of 4 CC -ID 1•13) GTY.OF SaN DIEGO-CALIFORMA COUNCIL POLICY SUBJECT MILLS ACT AGREEMENTS FOR PRESERVATION OF HISTORIC PROPERTY San Diego Municipal Code Section 26.0201., et seq. Government Code Sections 50280, et seq. HISTORY: Adopted by Resolution R-285410 02/27/95 Amended by Resolution R-286051 07/18/.95 POLICY NUMBER 700-46 EFFECTIVE 07/18/95 DATE Cc-, (11-t S) of 4 PAGE THE CITY OF SAN DIEGO Historical Pe8ource8 board FACTS ABOUT HISTORICAL LANDMARK DESIGNATION IN THE CITY OF SAN DIEGO QUICK FACTS ON: WHO IS THE HISTORICAL RESOURCES BOARD WHEN A PROPERTY IS DESIGNATED (City Standards for designation) AFTER A PROPERTY IS DESIGNATED (Responsibilities and Benefits) HISTORICAL DESIGNATION QUESTIONS AND ANSWERS For More Infoiination, please contact the City of San Diego Planning and Development Review Department - Historical Resources Board at (619) 235-5224 Planning and Development Review 202 C Street, MS 4A • San Diego, CA 92101-3864 Tel (Al 91 775.577e Fnr 1091 S77.S9C1 -0I VE RSITY FACTS ABOUT HISTORICAL DESIGNATION IN THE CITY OF SAN DIEGO Historic status is established by specific designation of the City's Historical Resources Board. WHO IS THE HISTORICAL RESOURCES BOARD The City's Historical Resources Board is a City advisory board made up of 15 members appointed by the Mayor and confirmed by the City Council. Membership is required to represent the following disciplines: architecture, history, architectural history, archaeology and landscape architecture. Other disciplines that may be represented are law, real estate, engineering, general contracting, finance, planning, or fine arts and should reflect diverse neighborhood representation and have demonstrated a special interest in historical preservation. WHEN A PROPERTY IS DESIGNATED: Properties are designated by the Historical Resources Board based on the Board's review of a historical study that documents the property's significance, based on the following criteria: a. Exemplifies or reflects special elements of the City's, a community's or a neighborhood's historical, archaeological, cultural, social, economic, political, aesthetic, engineering, landscaping or architectural development; b. Is identified with persons or events significant in local, state or national history; c. Embodies distinctive characteristics of a style, type, period or method of construction or is a valuable example of the use of indigenous material or craftsmanship; d. Is representative of the notable work of a master builder, designer, architect, engineer, landscape architect, interior designer, artist or craftsman; e. Is listed or has been determined eligible by National Park Service for listing on the National Register of Historic Places or is listed or has been determined eligible by the State Historical Preservation Office for listing on the State Registet of Historical Resources; or f. Is a finite group of resources related to one another in a clearly distinguishable way or is a geographically definable area or neighborhood containing improvements which have a special character, historical interest or aesthetic value or which represent one or more architectural periods or styles in the history and development of the City. Historic Site Designations are made by the"Board at a publicly noticed hearing. The owner is specifically notified in writing. Projects that benefit from Federal Funding are required to undergo a special process under Section 106 of the National Historical Preservation Act. This process requires that properties be analyzed with regards to their eligibility for listing on the National Register of Historical Resources. National Register Eligibility has to meet the following criteria: Is associated with events that have made a significant contribution to the broad patterns of our history; or 1 • Is associated with the lives of persons significant in our past; or Embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or Has yielded, or may be likely to yield information important in prehistory or history. A Historical Resources Board Designation is appealable to the City Council within 10 working days of the Board's action. AFTER A PROPERTY IS DESIGNATED: After a property has been designated historic, it will be placed in the City's list of Historical Landmarks. There are more than 1500 city sites presently listed. The property owner accrues the responsibilities and benefits of historic designation as follows: Responsibilities: To retain and maintain the resource. The Secretary of the Interior's Standards will be utilized to review development proposal on historic properties and is administered at the local level. Proposed demolition is discouraged. Significant alterations are carefully reviewed for consistency with the standards. Minor alterations are allowable. Typically, historic designation does not impact proposed interior alterations. (Additional information regarding this item is contained in the attached "Question and Answer" attachment.) Benefits: 1. The Mills Act property tax reduction for locally designated sites. 2. Access to a Conditional Use Peimuit (CUP) that may allow use not normally permitted in that zone for locally designated sites. 3. Use of the more lenient State Historic Building Code for all Local, State, National designations. 4. Legislative protetion for all historically designated properties witinn the historic district, contributing to retention of the desirable neighborhood fabric and ambience. All sites. 5. Reinforcement of neighborhood awareness and pride. All sites. 6. For National Register sites ability to obtain tax credits for improvement expenditures related to the preservation of the site. The tax credit applies to personal or corporate taxes. 7. Ability to provide facade easement as a donation to the city. The value of the donation is deductible from income taxes. HISTORICAL DESIGNATION QUESTIONS AND ANSWERS What makes a site or district "historic"? It isn't as old as a lot of other places in the United States. Although the Uptown, Middletown and Loma Portal neighborhoods may not be as old as parts of New Orleans, Louisiana; Williamsburg, Virginia or Atlanta, Georgia, San Diego's neighborhoods are some of the oldest. Developed at the turn and the early part of the 20th century, many of the early residents were important people in San Diego's history. What are my responsibilities if a site or district becomes a Historic District, in contrast to what they are now? A project review to assess adherence to the Secretary of the Interior's Standards. would be needed before doing major alteration to the exterior of your home, such as building an addition or second story, stuccoing over wood siding, removing original porches, or removing wood windows and replacing then with aluminum or vinyl ones. The proposed changes would have to be compatible with the style or character of your home, so that it would continue to maintain its historic character. You currently have to obtain a permit to do these things, but proposed changes would not have to be compatible with your existing house. What are the Secretary of the Interior's Standards that historically -designated properties would be subject to? They are locally -administered, flexible, common-sense guidelines that suggest options for rehabilitation of historic buildings. They do not preclude changes but rather assure that any proposed changes or additions are compatible to and sympathetic with the historic character of the building. They further require that any addition should be of a secondary nature to the primary historic fabric and be distinguished as clearly new so that the proposed change is not confused with the original historic structure. The flexibility of the guidelines permits this distinction to be subtle or distinct. Would I have to get a permit to paint my house, or ti change the paint color? No. Would I be allowed to build an addition to my house? Yes, but the design would have to be reviewed per the Secretary of the Interior's Standards. Design issues would be reviewed at the same time your building permit is reviewed. -1- Would I be allowed to change the interior? Yes. Historic District status has no effect upon the interior of your house. You would have to obtain the same permits as you do now for electrical, plumbing or structural changes. Would the public have access to my house, since it is historic? No. Can I change the landscaping? Yes. The historic designation typically doe not include your yard. There are currently city codes concerning the height and placement of fences, and those would remain the same. In some instances, the fence code provides more latitude in a historic district. Would the Historic District affect the zoning or density of my lot? No. Those things would still be subject to the zoning codes in force currently. Are there property tax advantages to historic designation? Yes. The Mills Act tax reduction is available to owners of city designated historic properties. What is the Mills Act? It is a statewide law which allows for reduction in the property taxes of designated historic structures. Reductions have varied from 15% to 75%, based on the state formula. Properties that have not been sold since 1978 (pre -Prop. 13) will most likely not benefit from the Mills Act. Mills Act contracts are for a period of 10 years and are automatically renewed annually. Am I eligible for the Mills Act without historic designation? No. Is the Mills Act available to all historically identified structures in a designated historic district? Yes. How do I apply for the Mills Act, if there is a Historic District? Submit a one -page letter to the city requesting this tax reduction. In June of each year, blank Mills Act contracts are sent out. The contract must be signed, notarized, the one-time fee paid and returned to the city by early October for a tax adjustment for the following year. This contract goes with the property if it is sold, allowing the new owner the reduced property tax benefit without having to re -apply. -2- Is there any other tax relief which I could get through historic district designating? Possibly. There is a proposal before the next session of congress which, if passed, would provide 20% tax credit (more savings than a deduction) for owners of historically designated properties. There is also a 20% tax credit for certain types of rehabilitation in National Register historic districts. If I have a historically designated house, would I be able to use the State Historic Building Code for repairs to my house? Yes. What advantage would it be to me to use the State Historic Building Code? You would be exempt from some current building code requirements. You might otherwise have to bring your house up to current codes. Most older homes do not meet today's building code standards, and may have to confoiui to new codes when doing major renovation or repair. Use of the State Historic Building Code can save significant amounts of money in such a case, while retaining the historic integrity of your home. A small but useful benefit is that if you have a historic property, you are not subject to the law requiring changing toilets to low flow models when a house is sold. I'm not sure I want any restrictions placed on my use of my own property. If I lived a new house in a subdivision, would I have any restrictions? With a new house in a new subdivision, you would be required to comply with zoning, safety, health and building codes. Also, virtually all newer subdivisions and housing tracts have stringent design guidelines for paint colors, landscaping, vehicle parking, and a multitude of other restrictions. There are frequently CC$R's which are a set of rules governing what can be done with your property. There are also frequently homeowner associations that may tell you what you can or cannot do. With historic designation status it would still have far fewer restrictions on property alterations than most newer homes. Well, ifthat is the case, how can it help me? One large benefit is that other property owners in the neighborhood will also be regulated by the same standards that you are. This means that the house next door is not going to undergo alterations which you may believe are unattractive and inappropriate and which would ultimately cause you own property to lose value and/or be difficult to sell. It provides the protection of keeping neighborhood style and character, which will help to maintain and increase property values and attract other people like yourself to the neighborhood. -3- What are some other benefits? Most Historic Districts benefit from improved image. People take better care of their homes and take pride in the neighborhood. People move into the area who are committed to the neighborhood, which reduces crime. New owners are attracted to the historic area and fix up dilapidated homes. When this happens property values can increase substantially because your property is now part of an exclusive neighborhood. Some historic districts have programs in which area merchants give discounts to residents shopping in the district. New business is attracted by neighborhood stability. Some historic districts, such as "Bungalow Haven" in Pasadena, raise thousands of dollars each year for their neighborhood association through house tours which continue to publicize the benefits of living in that community. What will happen to my property values? According to the County Assessor and most real estate professionals, values either remain the same or improve. In cases where a district has fallen into decay, property values are increased by actions of new homeowners. A study in South Carolina showed that a historic district designation increased the property values up to 30%. Appraisers of historic properties believe that as the historic district provides protection to individual homes by maintaining community context, property values are substantially increased. This is of greater benefit than individual historic designation, as all properties are protected. If the area is eligible for National Register Historic District, what is the possibility of becoming a National Register? This would require owners be noticed prior to final approval if it was approved, it would provide the additional incentive of a 20% tax credit for rehabilitation of income producing property. It would not add additional design review or restrictions, but would be a source of pride and enhance appreciation of our history, culture and architecture. We hope this answers some of your questions. If you want to discuss the district with any other residents, please call the Greater Golden Hill Community Development Corporation at (619) 696-9992 or the City of San Diego Historical Resources Board at (619)235-5224. -4- DIVERSITY THE CITY OF SAN DIEGO ban Diego Hi8toricEl Qe8ource8 Board January 12, 2001 Property Owner Dear Property Owner: Subject: Mills Act Contract Status Enclosed is a copy of your property's recorded Mills Act Agreement (contract) for your records. The contract has been recorded and has been referred to the County Assessor to be processed. Adjustment swill appear on your property tax bill for the year 2001-2002. We appreciate your interest in historic designation and taking advantage of this benefit. Your decision will not only benefit you, it will help preserve our history and unique quality of life in the City of San Diego. A gels Leira ALA/bjh Enclosure: Mills Act Agreement Planning and Development Review 202 C Street, MS 4A • Son Diego, CA 921 01-3864 Tel (619) 235-5224 Fox (619) 533-5951 �261 1.1OG tt £ J J'U U 5533 RECORDING REQUESTED BY CITY OF SAN DIEGO PLANNING & DEVELOPMENT REVIEW DEPARTMENT WHEN RECORDED MAIL TO HISTORICAL RESOURCES BOARD BARBARA HUBBARD MAIL STATION 5A i i DEC 12, 2000 2 - 49 PM i N A OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 37.00 liii 1111 11 2000-0675533 i i V i MILLS ACT AGREEMENT FOR HISTORICAL RESOURCES SITE NUMBER a06-7/ ASSESSOR PARCEL NUMBER 535-aG3 A :DER'S USE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording, fee applies) 7262 AGREEMENT THIS AGREEMENT is entered into by and between THE CITY OF SAN DIEGO, a municipal corporation ("City"), and STEVEN M. VEACH and LOUISE K. TORIO, ("Owner"). RECITALS WHEREAS, California Government Code Section 50280, et seq. authorize cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 535-200-12-00, and generally located at the street address 651 20th Street, San Diego, California 92102 (the "Historic Site"). WHEREAS, On May 27, 1987, after a public hearing, the San Diego Historical Resources Board declared and designated the above property as Historical Site Number 208-71, pursuant to San Diego Municipal Code Section 26.0201 et seq. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Chapter 3, of Part 2, of Division 1, of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and 7263 Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with Council Policy Number 700-46 incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall maintain the regulated characteristics of historical significance of the Historic Site in accordance with the rules and regulations published by the Secretary of the Interior. b. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the County Assessor, State Department of Parks and Recreation or the State Board of Equalization. c. The Owner shall allow visibility of the exterior of the structure from the public right-of-way. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in Page 2 of 8 7264 California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the. City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effect of Agreement. The Owner hereby subjects the Historic Site desciii,erl- iil.Extribim to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every Page 3 of 8 72C5 contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historical Site for the benefit of City, the public, and Owner. 7. Effective Date and Tenn of Agreement. This Agreement shall be effective and commence on .mac APT - ,200-4", and shall remain in effect (to be filled in by City Attorney) for a term of ten. (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non -renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Page 4 of 8 7266 Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: To Owner(s): City of San Diego Attention: Secretary to the Historical Resources Board 202 "C" Street, Fourth Floor San Diego, California 92101 Steven M. Veach Louise K. Torio 651 20th Street San Diego, CA 92102 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, Page 5 of 8 7267 including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his or her contractor, subcontractor, agent, employee or other person acting on his orher behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. Page 6 of 8 7268 f. This Agreement shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Agreement on behalf of Owner, the agent or representative must furnish proof, to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Diego. 12. Amendments. This Agreement may be amended only by a written and recorded instrument executed by the parties hereto. Page 7 of 8 7269 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF SAN DIEGO Approved: Dated: / Z// / d a By: .. 2r' (,)Tina P. Christiansen, A.I.A. Planning & Development Review Director For City Manager Michael Uberuaga OWNER(S) By: t en M. Veach By:? .__Louise K. Torio I HEREBY APPROVE this Agreement as to form and legality this 'day of 4 6c6'seE/e, 20 . CASEY GWINN, City Attorney By: Douglas K. Humphreys, Deputy Page 8 of 8 7270 personally appeared personally State of California County of jSan Diego On ,��p4 /, cOCOU A , before me, i-/V PJ ggE-L-ct Alo-77 rY ,ozi/�uC (name, title of officer, cg. Jane Doe, Notary Public) known ss. k ame(s) of signer/ )) to me -or- proved to me on the basis of satisfactory evidence to be the person whose name( is/are subscribed to the within instrument and acknowledged to me that he-/she/th-ey-executed the same in h-ks/her/their authorized capacity/-ic», and that by has/her/the-rr signaturece5 on the instrument the person/), or the entity upon behalf of which the person of acted, executed the instrument. Witness my hand and official °C-°T' M1'RNA SKELLEY COMM. # 1207404 NOTARY PUBLIC-CALIFORNIA w SAN DIEGO COUNTY O COMM. EXP. JAN. 9, 2003 , seal. // I � (SinL' iature of Notary) Capacity claimed by signer: Individual Corporate Officer(s): (This section is OPTIONAL) Partner(s): General Limited Subscribing Witness Attorney -in -fact Trustee(s) Guardian/Conservator 0 Other: Signer is representing: on(s) or entity(ies)) La.?' Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document%24a APBto Number of Pages /0 Date of Document a--6;-(4 Signer(s) Other than Named Above 7271 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Di ego On October 13, 2000 Date personally appeared Louise DEBORAH GUNN comm.* 1154338 NOTARY PUBLIC • CALIFORNIA 0SAN DIEGO COUNTY lay Comm. Expires Sept. 30, 2001 11VVIfHfI-_•-•R�mv...........Rf before me, Deborah Gunn Name and Title of Officer (e.g., "Jane Doe, Notary Public") K Torio and Steven M. Veach Name(s) of Signer(s) ,)'J personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature o Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Mills Act Agreement, Hi stori cal Site No. 208-71 Number of Pages: Signer(s) Other Than Named Above: City Attorney, City of San Diego Document Date: 10/13/00 Capacity(ies) Claimed by Signer(s) Louise K. Torio Signer's Name: Steven M. Veach EX Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ' f ❑ Other: Top of thumb here Signer Is Representing: themselves OF MIER e kg. c c re x cc ? ^ct>kc t K r G'�C O 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 8 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT 7HUMBPRINT -''-OFSIGNER Top of thumb here Prod. No. 5907 Reorder: Cat Toll -Free 1-800-876-6827 BACKGROUND INFORMATION THE CITY OF CHULA VISTA AND THE MILLS ACT *Adopted Chula Vista City Council Resolution, effective May 2001 *Sample City of Chula Vista Mills Act Contract For more information about the Mills Act, contact Louise Torio Historic San Diego Marketing & Consulting 619-233-8833 e-mail. HistoricSanDiego@AOL.com '02/ 4/2002 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING IMPLEMENTATION OF A MILLS ACT PROPERTY TAX ABATEMENT PROGRAM AND AUTHORIZING THE CITY TO ENTER INTO SAID MILLS ACT CONTRACTS WITH THE OWNERS OF QUALIFYING HISTORIC SITES WHEREAS; The Mills Act is State legislation which enables local jurisdictions to enter into contractual agreements with property owners of qualified historic properties and was designed to encourage preservation, maintenance and restoration of designated historic properties; and WHEREAS, pursuant to the Mills Act legislation, entering into an agreement may result in substantial property tax savings for those owners of historic sites through the use of an alternative method for determining the assessed value of his or her property; and, WHEREAS, such property tax savings could serve as a monetary incentive for owners of historic properties to maintain, preserve and rehabilitate their property for the benefit of the public today and for future generations; and WHEREAS, on January 23, 2001, Council directed staff to prepare an ordinance. and Council Policy regarding the Mills Act that would have a liberal tone, thus encouraging participation by homeowners; and WHEREAS, the attached policy is presented in response to that directive and an ordinance will be prepared at a later date if it is still determined to be necessary by the Council. NOW THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt Council Policy No. regarding implementation of a Mills Act Property Tax Abatement Program, attached hereto and incorporated herein by reference as if set forth in full. Presented by: Approved as to form by: Bob Leiter. AICP Attorney Director of Planning and Building John. Kaheny, City 02/04/20002 PROPOSED COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Mills Act Property Tax POLICY EFi hCTIVE Abatement Program NUMBER DATE PAGE 5/30/01 ADOPTED BY: Resolution DATED: 5/29/01 BACKGROUND In November 1999, Councilperson Salas was contacted by a group of historic homeowners who were interested in pursuing the Mills Act in the City of Chula Vista, The item was referred to City staff who reported to the City Council on December 7, 1999 and noted several potential issues with enactment of the Mills Act in the City. The item was then referred to the Planning Department who reported to City Council on January 23, 2001 regarding comments on the noted issues. At that meeting, Council directed staff to return to them with a liberal policy which would encourage participation in this tax abatement program by the historic homeowners. PURPOSE To provide financial assistance in the form of property tax relief to owners of qualifying historic properties through the Mills Act Tax Abatement Program. After a Mills Act contract has been executed, the county assessor values the property according to the capitalization of income method, whereby the property's potential income is divided by a pre -determined capitalization rate to determine the new assessed property value. The program encourages preservation and maintenance of the City's limited historic resources, POLICY ' 1. It is the policy of the City of Chula Vista to foster and encourage the preservation, maintenance, rehabilitation and restoration of historically designated properties through the Mills Act program. 2. All qualifying historic sites shall be eligible for Mills Act Agreements, in conformance with this City Council Policy and State law requirements, and shall be evaluated on a case by case basis. 3. Contracts shall be voluntary and flexible. 4. Contracts shail contain at a minimum, the mandatory conditions required by state law. a2/ 04; 213e2 • 5. Contracts shall be reviewed by the Resource Conservation Commission and recommended for approval by the City Council. 6. Contracts shall include a program for potential improvements over the life of the contract and shall be reviewed periodically for compliance. AU improvements shall be in conformance with the Secretary of the Interior Standards for Rehabilitation. No permit for the demolition, substantial alteration or removal of any building, structure or site shall be issued without first referring the matter to the Resource Conservation Commission. Minimum maintenance guidelines as provided for in the contract should be maintained at all times during the teiw of the agreement. Minimum maintenance guidelines are suggested as follows: a. Owner should make every attempt to preserve and maintain the regulated characteristics of historical sienificance of the Historic Site, and, where necessary, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior. b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are highly discouraged: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items;; iv. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. Contracts shall be drafted in a form approved by the. City Attorney. I0_ The Community Development Department shall be provided the opportunity to review and comment on all Mills Act applications for commercial properties located within Redevelopment Areas. These proposed contracts shall be reviewed for potential negative financial consequences to the Redevelopment Area. J:\Plarming\BEV\IEstori.c Preservation\COUNCIL POLICY.doc ATTACHMENT "A" SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND REHABILITATION OF HISTORIC STRUCTURES I, ' A property shall be used for its historic purpose or be placed in a new use, that requires minimal change to the defining characteristics of the building and its site and environment. The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4, Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5, Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. ATTACHMENT "B" MILLS ACT AGREEMENT SUPPLEMENTAL (To be completed by the Owner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR IMPROVEMENT Please list the improvements and restorations that you intend to make over the next 10 years. List them in order of your priority based upon anticipated need for proper maintenance. PRIORITY IMPROVEMENT/RESTORATIONS OWNER CERTIFICATION: I certify that I am presently the legal owner of the subject property. Further, I acknowledge the supplemental information on this form will be used as an exhibit attached to the Mills Act Agreement. Date: Signature: Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This Space for Recorder's Use Only APN(s) MILLS ACT AGREEMENT For property located at (Site Address) THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a municipal corporation ("City") and ("Owners"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance_ WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. , and generally located at the street address , Chula Vista, California, (zip) , (the "Historic Site"). WHEREAS, on , after a public hearing, the Chula Vista City Council declared and designated the above property as Historical Site Number , pursuant to Chula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows! Page 2 of 6 Mills Act Contract 1. Compliance with Council Policy. Owner shall comply with Council Policy Number incorporated herein by this reference. 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner should preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, where necessary and feasible, restore and rehabilitate the property, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work should be done in accordance with the attached schedule of potential horn improvements, drafted by the Owner (Attachment B). b. Owner should maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris. iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design; structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. e. Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, County Assessor, State Department of Parks and Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e. Should owner apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to the City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City issuance of the requested permit. 3, Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines Page 3 of 6 Mills Act Contract that Owner has breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the City's or State's standards for a qualified historic property. In addition, City may cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 2(a) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner maybe subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 5. Enforcement of Agreement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to any court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate, City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies of law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic sites are available to the City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 6. Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as se+t forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restriction are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site for the benefit of City, the public, and Owner. Pagc 4 of 6 Mills Act Contract 7, Effective Date and Term of Agreement. This Agreement shall be effective and commence on , and shall remain in effect for a term of ten (10) years thereafter, Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 8 below. 8. Renewal. Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non -renewal is mailed as provided herein. If either Owner or City desires in any year not to renew this Agreement, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 9. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: City of Chula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this. preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Name Address v \)( CesDANA urn 5i2Y Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Gam/ L L/i,' kt Address Y77‘33 Phone number Z 3 3 a 9� 3 Jannary 20, 2002 Dear Mayor Waters and the Honorable Council Members of. National City: PLEASE LET NATIONAL CITY ENJOY THE BENEH'1'S OF THE MILLS ACT THAT OTHER CULLS IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MITTS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, iOr3 Horan Name o 6 D. AveAlue-Nat° a,a , C 91950 Address (6 Phone 3) _�17"�8 (\k/ (0,C9 474-i6) 30 (f) January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, DAN11E. _ L1 AZ Name 2903 I A4E, NATI..-. CITY. 9(950 Address C i) 479 -z2,SLi- Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER Ci'11hS IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Plead let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, lelt`i/U -t / it e S Name Address Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills ct is a win -win legislation r the City, the County, and the owners of the hist property. Please let Natio City historic property owners get the same presery on incentive benefits o ed elsewhere in our County. Sincere AKID 4 o >% i V 1 c5104 ) I t (�1ALL i t 61i(21 5 G Address (c) 33b-O7oo6M)) (&s1)65-74&v) Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MITES S ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La MPgn, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, 1�4, wA1`Q IsA. Sc-RAA-tA . Name Address cull') 'i77-343( Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalisation and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties andlocal economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Name /9 V/ /V/�,f/s, tv Address 40I -iia.v Phone number 710X>g / C7 �ifI/ pa g5o January 20, 2002 Dear Mayor Waters and the Honorable Council. Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MITTS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Name Address Ala; ire / ,Keide2 G '3 , / 11 VeJ JU ( o) (33-8L3z) Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Name Address Phone number al/4,14,77,e e,ft frieic11}(/rle f6AG i-1 4AILy 1 eu r 90L'A ifiC, Ali-r,du4t e=y, eq 91g�v O%!4) 4ii-9LIOZ January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Address Phone number (W' ve 1\1- r/r5o January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, 2ar Name Address '/ �� f / /✓ 5 Phone number /ft-G‘ ,vw/L /gg / January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, ',co -7c? me /tom Name If ( a 5-- - _ �1 � , PA 9795n Address (Pier 41-f - 3 l� Phone number January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING.. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, _fea-t Name / / % 7,jG � ; 4c. Address 919s-z) Phone number January 20, 2002 C Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER CITIES IN SAN DIEGO COUNTY ARE ENJOYING. BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Name Address 4/9) 77/ Phone number % - q/9s� January 20, 2002 Dear Mayor Waters and the Honorable Council Members of National City: PLEASE LET NATIONAL CITY ENJOY THE BENEFITS OF THE MILLS ACT THAT OTHER C1'11ES IN SAN DIEGO COUNTY ARE ENJOYING., BRING THE MILLS ACT TO NATIONAL CITY! As a National City resident concerned with keeping the historic character of our older neighborhood while encouraging revitalization and reinvestment in our city, I respectfully request that the City Council consider adopting the Mills Act legislation for property tax reduction for historic building ownership. The cities of San Diego, Escondido, La Mesa, Coronado, and Chula Vista are taking advantage of this preservation incentive, and County Assessor's Office is happy to participate in the program since the Mills Act encourages more investment in local properties and local economies. The Mills Act is a win -win legislation for the City, the County, and the owners of the historic property. Please let National City historic property owners get the same preservation incentive benefits offered elsewhere in our County. Sincerely, Address �i�lck�c� CR aititv(4,bt-- aO(o f� ftv� 4thhnQ CA °l«sU Phone number NAME boAj DAt i\kor04,-, diktv 111,64&14 Caril Ukt( T. tvi3t\r-th. Jednnt4jah2-a/K- MILLS ACT STREET ADDRESS CITY Aict±on040 orlp,Q Cdzi ‘12, IkL Qtr ZIP 7/gsp ditWo4721 -s-zp30 9 Ore) Y.»-----119-.4 9 1-177-3t1 3 ° (-N ) i44�, / 7V/ 1,-1,,,=1-‘,• ?/;s o y 9rt5o 1477-6677 r.„2_ei9" fiv6 gi56) "(3-L) \N) Qii)Jyro \C-svNtsige, O.& 5 17, 'f flth) 2,L6tel 1\\)11.113e,_ V5 02 cLAiwns AT2 NAME /tare i(tr i`ddr d) MILLS ACT STREET ADDRESS CITY I\(Q h Q D L7i9, •,, ?2 (e A Rve ZIP C3R-Ct < /27y cs % 4e /147(,}6tiuL d 1z 477-- 907 a •Get ei. a- _k.t 4 , r . F/sue l "/ �--� £' � you,,/ ► ,Rm4- cG(& 2 CV 97P2 C) l 4-f's k nic c 5 L, 47 7' 3 -3 3 CR44-CP-- \/;I D1.�. ' 20 6. Di \(cs [off a b'i) Y ZDY ST1IIAI WHEREAS, WHEREAS, WHEREAS, WHEREAS, C.4_.,,�: i --c / "ciz- 1r� ctamathrn The City of National City recognizes the economic impact of the presence of the Naval Station, San Diego, in it's community; and That military presence has contributed significantly to the growth and development of National City; and The people of National City have always appreciated the Navy's contributions and have expressed that appreciation annually with Salute to the Military; and The people of National City, in recognizing that the military personnel of that organization are an integral part of our City, look forward to many more years of close cooperative efforts and continued mutual support; and Captain Leendert R. Hering, Sr., USN is the current Commanding Officer of the Naval Station, San Diego with 52 ships and more than 50 tenant commands and a population of more than 26,000 military and civilian employees; and It is most appropriate to express our appreciation and support by recognizing the Naval Station on its 80th anniversary February 22, 2002. NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim Friday, February 22, 2002 as: w "NAVAL, STATION, SAN DIEGO DAY" and commend the Naval Station, San Diego for it's years of community service and dedication service to our country. IN WITNESS WHEREOF, I have hereunto set my hand and caused -the Seal of the City of National City be affixed this 5th day of February, 2002. GEORGE H. WATERS Mayor f �w. i} t:, a Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor January 22, 2002 Ms. Claudia Carrillo 3421 Eleanor Place National City, CA 91950 Dear Ms. Carrillo: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, February 5, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGt H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. 00000aoo PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner `ew �1 Planning Commission Port Commission Traffic Safety Committee Library Board of Trusetees Sweetwater Authority San Diego County Water Authority Housing & Community Sevelopment Committee Name:(Last) C KRR-I t- LO (First) eAelk J b I H Birth Date 2/12/440 Home Address: 3't21 C--Le-P 1otz. PL., NQT(ONprt_ tCITy, CA °IIgSO Telephone: Residence 419) `1 1 S - (0 9 (0 (Q .Business/Work (6. (9) 2 3 I "'O (e X . 20 I NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: 2-tryniSAN DIEGO COUNTY:2 1p 7 _ .,NATIONAL CITY: 2 . n(g , ARE YOU A REGISTERED VOTER YES ❑ NO •c; School attending Grade Colleges Attended and Degrees Held, if any: UN 1 \ER.s %TY of S A w D I t GO t f t4A — 13. ,1 , PeLtTtcAL SGIENce A:1J t S PANIskj Related Professional or Civic Experience: PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: 2 Your Signature: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5 2002 AGENDA ITEM NO. 1 (-ITEM TITLE PUBLIC HEARING — SUBDIVISION FOR 164 CONDOMINIUMS AND TWO SINGLE-FAMILY LOTS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF THE PLAZA BONITA SHOPPING CENTER AND 100 FEET WEST OF CALMOOR STREET (APPLICANT: WHITAKER INVESTMENT CORP.) (CASE FILE NO.: S-2001-2) PREPARED Jon Cain .-f'-� ] DEPARTMENT Planning EXPLANATION A Specific Plan for a 175-unit condominium project was approved for this location in 1990. The current subdivision proposal, while containing some minor changes, substantially conforms to the original approval. The attached background report describes the project in detail. Environmental Review /A. Environmental Impact Report (IS-88-55) certified August 1990; EIR Addendum completed December 2001 Financial Statement N/A Account No. STAFF RECOMMENDATION t Staff concurs with the decision of the Planning Commission and recommends approval of the subdivision. BOARD / COMMISSMON RECOMMENDATION The Planning Commission voted to recommend approval of the subdivision. It is anticipated that a resolution will be adopted February 4. m,ary 7 vote• Ayes — Valderranaa, I Jngab,, P. ra, Baca, Detzer ATTACNMNTS (Listed Below ) 1. Backgroundeport 2. Location Map 3. Draft Planning Commission Resolution with Findings and Conditions for Approval 0t7idRri{]Alt0. ea!�TugrTm a-2s61 epartment and Agency Comments Nays — Flores, Re nolds 6. EIR Certification (Counci asit i g ot i IS§Ivor Resolutions) 7. Council Resolution 16,316 adopting a Specific Plan for the site 8. Specific Plan exhibits (Exhibit A case file SP-1-88, dated 6/28/90) 9. Letters from concerned citizens 10 Applica ion and Applicant Plans (Exhibits A-2"d Revision and B 1 I .EIR Addendum and Final EIR (distributed 1/25/02) BACKGROUND REPORT Site Characteristics The project site includes thirteen contiguous properties under various ownership totaling 14.85 acres on the south side of Sweetwater Road east of Plaza Bonita and 100 feet west of Calmoor Street. The area is zoned RM-1-PUD (Multi -Family Residential Planned Unit Development). The site slopes downward to the south from Sweetwater Road to a creek that crosses the property from east to west. Beyond the creek the site slopes upward roughly 60 feet to a ridge along the south edge of the site. There is an approximately 0.7 acre wetland area at the west end of the site adjacent to a knoll. Presently there are three homes on the site, two of which are vacant. Property south of the stream is largely abandoned agricultural land; there is still some farm equipment present. Remnants of the foundations from two homes demolished in 1979 are present atop the knoll. Adjacent uses include the Plaza Bonita shopping center to the west, condominiums across Sweetwater Road to the north, single-family homes on Calmoor Street to the east, and single- family homes in the unincorporated area of the County in Bonita to the south and southwest. Permit History The Council approved a Specific Plan for the site in 1990 concurrent with rezoning of the property from Single -Family Residential with a Commercial overlay to the current Multi -Family Residential zoning. The Specific Plan permits 175 condominiums on the site with access from Sweetwater Road. An EIR for the project was completed at that time. In August 1998 a Specific Plan amendment was initiated to allow a synagogue and community center at the site. The applicant for the synagogue project also considered additional uses including a school and seniors housing; however, no formal application was ever submitted, and the item did not proceed. Consequently, the Specific Plan for 175 condominiums remains in place. Proposal The applicant currently proposes 164 condominium units and two single-family lots. The proposed condominiums are of a similar style to those previously approved, with two-story units over garages. There are four proposed floor plans ranging from 1,370 to 1,640 square feet with two or three bedrooms and two and one-half baths for each unit. The two single-family lots proposed atop the knoll at the west end of the property are a new concept proposed by the developer; these were not shown as part of the original Specific Plan. There will be no access between the proposed homes and proposed condominiums. In general, the area of development has shifted to be sensitive to the wetlands and stream on the site and to comply with Specific Plan conditions regarding location of the buildings and driveways. The current proposal includes 10.6 acres of graded area with 4.2 acres preserved as open space. The single-family lots are proposed in an area previously identified as a greenbelt. The following table summarizes the differences between the original approval and the current proposal: Original Approval Current Proposal 175 condominium units 164 condo units and two single-family homes 30 buildings with 5-6 units each 33 buildings with 3-6 units each 2-story units with 2-car garages below 2-story units with 2-car garages below Four unit types from 1,300 to 1,550 square feet with 2-3 bedrooms and 2-3 baths Four unit types from 1,370 to 1,640 square feet with 2-3 bedrooms and 2.5 baths All units split-level with 12-foot ceilings in the living rooms No split-level units. 148 units have 9-foot ceilings in living rooms; 16 units have ceilings open to the second floor in the living room Stucco exteriors with tile roofs Stucco exteriors with tile roofs On -site tennis court, swimming pool, recreation building, tot lots, and greenbelt On -site swimming pool, tot lots, and open space including the stream and wetlands Eliminates the stream and wetlands The stream and wetlands will remain Rows of units facing homes to the east No rows of units facing homes to the east 107 guest parking spaces 46 guest parking spaces Setbacks of 20 feet front, 15 feet east side, 200 feet west side, and 40 feet at the rear Setbacks of 20 feet front, 15 feet east side, 300 feet west side, and 14 to 70 feet at the rear The proposed project includes substantial drainage improvements as required by the Specific Plan. A triple -box culvert will be constructed along Sweetwater Road and will connect to the existing drainage system to the west on the Plaza Bonita property and to the east in the Calmoor Street area. The new improvements will direct some water to the stream to sustain it and the wetlands, but floodwaters will be directed to the new drainage system. The project also proposes widening and restriping of Sweetwater Road as required by the Specific Plan. Concept plans show two lanes of traffic in each direction with dedicated left-hand turn lanes. Two driveways are proposed along Sweetwater Road for the condominiums with acceleration and deceleration lanes for vehicles entering and exiting the new development. The single-family lots would have access via an existing easement on Putter Drive in the County. The final street design will require review and approval by the City Engineer. The total grading for the project includes 30,000 cubic yards of imported fill. The proposal includes substantially more retaining wall area than was present in the original plans. This includes a wall six to ten feet tall along the wetland facing Sweetwater Road, a wall two to ten fall at the southwest property boundary, walls up to six feet tall along the stream, and several walls three to eleven feet tall within the project between buildings and driveways. The applicant proposes Keystone -type walls planted with vines. The applicant projects that condominium prices will range from the low- to mid-$200,000s. Plans and estimated prices for the two single-family homes have not yet been developed. Environmental Issues The attached Final EIR certified for the project in 1990 identified significant but mitigated impacts in the areas of visual quality, transportation, school facilities, air quality, paleontology, and noise. The current proposal incorporates the necessary mitigation measures into the project. The attached EIR Addendum dated December 2001 was prepared to update the EIR; it reflects the relatively minor project changes. The Addendum identifies a need to mitigate the loss of wetlands onsite (less than 0.5 acres) by removing weeds and planting native wetland species. The applicant has incorporated this mitigation measure into the project design. The applicant further proposes to provide a buffer between the wetland and development as recommended by the project biologist. Conditions reflecting the environmental mitigation measures are based on the Final EIR and EIR Addendum. The attached mitigation monitoring program will ensure all necessary mitigation measures are carried out over time. Analysis The proposed subdivision complies with Land Use Code and Specific Plan requirements, and no variances are needed. However, an exception from the Subdivision Ordinance is needed to allow the two single-family lots since they have no street frontage. The Specific Plan for the site was adopted to control density at the site and provide ownership opportunities to avoid development of a rental complex that would otherwise be possible with the Multi -Family Residential zoning. The proposal has a density of 11.2 units per acre, less than half the 23 unit per acre density allowed in the zone and slightly less than the 11.8 units per acre allowed by the Specific Plan. The proposal complies with the General Plan goal of providing a mixture of housing types and with General Plan policies which encourage home ownership, development that is compatible with existing neighborhoods, and production of new housing affordable to the moderate income range. As mentioned above, the two single-family homes are a new element that wasnot included in the original plans. They are, however, an allowed use in the zone, and would replace condominium units that were deleted in the site plan. Staff had encouraged the applicant to remove these from the plans since they were not included in the Specific Plan; the applicant has not eliminated them but rather reduced the number of single-family lots from three 5,000 square foot lots to the currently proposed two 8,000 square foot lots. Since there is no direct access between the homes and the City, they will function more as part of the County than the City. This layout is awkward since the City will need to provide police and fire services to these homes. The previous design would have eliminated the stream and wetlands. The new plan, besides being more environmentally sensitive, creates an attractive focal point for the project by preserving these elements. The wetland area will be visible from Sweetwater Road, and the stream will be visible from units and recreation areas within the project. The applicant suggests that changes in the proposed recreation facilities are in part due to the new emphasis on these as open space areas. The applicant provided information explaining that the recreation building and tennis courts were deleted since they would result in higher homeowner's association fees that could discourage potential buyers and that they would not be appropriate for a development of this size. Conditions of approval for the project would require retaining walls to be Keystone or other decorative -type walls planted with vegetation to ensure that they are attractive. Typical conditions requiring CC&R's and a homeowner's association for the condominiums are also included to provide for the maintenance of the common areas. The Sweetwater Union High School District and the Chula Vista Elementary School District would serve the project. Both requested that the developer annex into a Community Facilities District to assist in school financing. While the developer could voluntarily carry out this request, State law only allows the City to require the payment of school fees for the development when building permits are obtained. Planning Commission Discussion Several members of the public spoke at the Planning Commission hearing. They expressed concern regarding the appearance of the two single-family homes, traffic in the easement at Putter Drive, and availability of on -street parking in the Putter Drive cul-de-sac. Other issues raised included traffic on Sweetwater Road, drainage, alteration of views from existing homes in Bonita, setbacks, access between the development and the County, availability of public services, wildlife impacts, and noise from the new condominiums. Planning Commissioners discussed the potential for the condominiums to be used as rentals. They noted the improvement in the plan since the original approval and the need for this type of housing in the region, and voted to recommend City Council approval of the project. Additional Information Prior to the Planning Commission hearing, two letters from nearby residents were submitted raising concerns regarding the project (see attached). The applicant has indicated that they have met with neighbors to discuss the project since the Planning Commission meeting. Additionally, the applicant provided a letter after the meeting stating that the proposed condominiums are proposed for sale and that the project would be financially unfeasible as a rental property. Also following the meeting, a petition was submitted by residents of Putter Drive indicating objection to the single-family lots having access from Putter. A letter from a resident of Putter Drive was also submitted suggesting that the homes be deleted and preserved as open space as proposed by the approved Specific Plan. PROJECT SITE CITY BOUNDARY ZONE BOUNDARY AN LOCATION MAP SOUTH SIDE OF SWEETWATER ROAD EAST OF PLA7A BONITA S jIOPPING CFNTFR S-2001-2 NATIONAL CITY PLANNING S DRN DATE: 12/20/2001 INITIAL HEARING: 1/7/2002 RESOLUTION NO. 7-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR 164 CONDOMINIUMS AND TWO SINGLE-FAMILY LOTS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF THE PLAZA BONITA SHOPPING CENTER AND 100 FEET WEST OF CALMOOR STREET APPLICANT: WHITAKER INVESTMENT CORP. CASE FILE NO. S-2001-2 WHEREAS, application was made for approval of a tentative subdivision map on property generally described as: All that portion of Lots 4, 5 and 8 in Quarter Section 99 of L.W.Kimball's Subdivision of parts of Quarter Sections 98, 99, 110 and 111 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to Map thereof No. 63, filed in the Office of the County Recorder of San Diego County, May 11, 1885, together with a portion of the southwesterly quarter of Quarter Section 100 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed in the City Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on January 7, 2002, 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 No. S-2001-2 which is maintained by the City and incorporated herein by reference; along with the Final Environmental Impact Report, 1990 Addendum Reports, and the Environmental Impact Report Addendum dated December 28, 2001 (IS-88-55), and 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: 1. The proposed map is consistent with the National City General Plan and applicable Specific Plan, since it provides for opportunities for home ownership and a mix of housing types compatible with adjacent residential neighborhoods, and since the proposed 166 units comply with the conditions of the approved Specific Plan permitting as many as 175 units on the site. 2. The site is physically suitable for the proposed type of development, since it is in a residential area and contains gently sloping areas that can accommodate the proposed units. 3. The site is physically suitable for the proposed density of development, since the 14.8-acre site can accommodate pads for the proposed 166 units at a density of 11.2 units per acre while preserving steep slopes and biologically sensitive areas. 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. 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. 10. That the property to be divided is affected by such topographic conditions that it is impossible or impracticable to fully conform to the subdivision requirements for street access, since the property contains a knoll above the primary developable portion of the lot that is best accessed from an existing easement and not public streets. 11. That the exception for two lots with no street frontage will not be detrimental to the public health, safety, or welfare, or be detrimental to other properties in the vicinity, since the property will be adequately served by all necessary utilities, and will be conditioned to provide adequate access for emergency services. 12. That granting of the exception for two lots with no street frontage is in accordance with the intent and purposes of the Subdivision Ordinance and is consistent with the General Plan and with all other applicable plans of the City since the proposal will create opportunities for home ownership on lots 8,000 square feet in size, since it will result in the infill of a vacant lot with single-family homes, and since it conforms to the Land Use Code with approval of the necessary exception. BE IT FURTHER RESOLVED that the Planning Commission has considered the Final Environmental Impact Report and Addenda (IS-88-55) and finds that the project will have significant impacts on the environment, and that changes or alterations required in or incorporated into the project avoid or substantially lessen the significant effects. Based on the Final EIR, Addenda, and explanation of findings incorporated in the City Council Resolution certifying the Final EIR, the Planning Commission further finds the following: 1. That Mitigation Measures required by EIR No. IS-88-55 are incorporated into the proposed project or conditions of approval. 2. That changes to the EIR made in the Addendum do not raise important new issues about the significant effects on the environment. 3. That previously certified EIR No. IS-88-55 adequately addresses the project, since no new significant environmental impacts result from changes in the project or its environment. 4. That the significant impact on visual quality created by rows of two-story units facing single-family residences to the east is substantially lessened by the changes incorporated in the project which re -orient the new units so that they no longer face homes to the east. 5. That the significant impact on transportation created by the alignment of the new driveway in conflict with traffic from Fairlomas Way across Sweetwater Road is avoided by changes in the project which relocate the driveway further away from Fairlomas Way so that conflicting travel paths are no longer present. 6. That the significant impact on school facilities created by the presence of additional residences and students is substantially lessened by the payment of development/school fees required for the project. 7. That the cumulative significant impact on air quality created by the project is avoided by the availability of alternate methods of transportation as explained in the Draft EIR and is further lessened by changes in the project which reduce the number of units and therefore vehicle trips. 8. That the significant impact on paleontology created by project grading is avoided by the requirement that a qualified paleontologist be retained to monitor site grading. 9. That the significant impact of noise is avoided by requirements that the project be constructed such that all units with a direct line -of -sight to Sweetwater Road utilize specific design and construction techniques specified in the EIR and that the adequacy of these techniques be further confirmed by future acoustical study. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, approval of said tentative subdivision map for 164 condominiums and two single-family lots on the south side of Sweetwater Road east of the Plaza Bonita Shopping Center and 100 feet west of Calmoor Street is hereby recommended subject to the following conditions: 1. This Tentative Subdivision Map authorizes the creation of one lot for 164 condominium units and of two single-family lots. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, 2nd Revision, case file no. S-2001-2 dated 12/18/2001 and Exhibit B, case file no. S-2001-2 dated 12/13/2001. 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 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 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 shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. 4. Separate street and sewer 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. 5. All surface runoff shall be collected by approved drainage facilities and directed to the natural waterway, a curb outlet, or directed to the street by sidewalk underdrains. Adjacent properties shall be protected from the surface runoff resulting from the proposed development. 6. 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. 7. 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. 8. The submitted soils engineering report findings and recommendations shall be part of the Engineering Department requirements. At a minimum, the parking lot 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. 9. A sewer permit will be required. The method of sewage and collection disposal shall be shown on the grading plan. Any new sewer lateral in the City shall be 6- inch in size with a clean out. 10. A 20-foot street right-of-way shall be dedicated to the City along Sweetwater Road. 11. Two new street lights are required along Sweetwater Road. The street lights shall be constructed per City standards. The feasibility and electrical energy availability of the street lights shall be verified with the Public Works Department prior to construction. 12. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 13. The driveways on Sweetwater Road shall be alley type entrance driveways with pedestrian ramps. A final signed plan shall be submitted with the street improvement plans for approval. 14. 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. 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. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 15. 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. 16. Street improvements shall be constructed in accordance with the City standards. All missing street improvements, including approximately 1200 linear feet of sidewalks, curbs, gutters, and street, shall be constructed. 17. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. 18. A fmal 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. 19. 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. 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 fmal 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 the issuance of any building permit. 23. All new property line survey monuments shall be set on private property, unless otherwise approved. 24. 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. 25. A triple box culvert shall be installed along Sweetwater Road as required by the City Engineer. Plans for the culvert shall be submitted to the Engineering Department for review and approval. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. The following conditions shall be satisfied regarding fire protection: a. The required fire flow will be 1,500 gpm for two hours at minimum 20 psi residual. Sweetwater Authority must verify in writing to the Fire Department that this requirement can be met. b. Approximately nine fire hydrants will be required. c. Access roadways must be maintained at a minimum of 20 feet wide with a minimum turning radius of 24 feet. d. All security gates shall have a knox box mounted at the gate entrance for Fire Department use. e. Addresses must be provided on each unit in a visible location and on a contrasting background so that they can be seen easily. If necessary, an additional address directory sign shall be located at the entrance to the complex. f. Smoke detectors shall be provided in each unit in accordance with the Building Code. A type 2A:10BC fire extinguisher is required at the pool/spa. g. 28. The following conditions shall be satisfied to improve security in accordance with the Specific Plan requirements: a. Entry to the property shall be restricted by an electric access gate. b. The Association shall agree to remove graffiti from walls within 48 hours. To prevent graffiti, the landscape plan shall require vines planted to grow on walls. c. The project shall follow City requirements relating to security devices such as locks and deadbolts. 29. The subdivision map shall be submitted to the County Department of Health Services for review. Documentation shall be provided indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections to the adjacent lots if determined necessary by the City Engineer and the County Department of Health Services. 30. Trash enclosures shall be provided in accordance with City standards. They shall have stucco exteriors to match the buildings. 31. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 32. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A, 2nd Revision, case file no. S-2001-2 dated 12/18/2001 33. Buildings shall be in substantial conformance with those depicted in Exhibit B, case file no. S-2001-2 dated 12/13/2001. 34. The potentially significant effects to fossil remains from the site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program as described in the EIR (IS-88-55). 35. The following measures are required to mitigate noise impacts, as explained in the EIR (IS-88-55): a. All units with a direct line -of -sight to Sweetwater Road shall be air conditioned. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around framed, doorjambs, and the like. c. No vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road.. d. Prior to issuance of building permits, a specific interior acoustical study to verify compliance with Title 24 shall be completed. e. Prior to issuance of grading permits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. 36. To mitigate potential biological impacts, the onsite enhancement of existing wetlands at a 3:1 ratio is required, at a minimum, to mitigate the loss of jurisdictional wetlands. The enhancement shall consist of the removal of noxious weed species and planting of suitable native wetland species. Any additional mitigation requirements of the State and Federal Resource Agencies shall also be carried out. 37. 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. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements, and landscaping and irrigation for cut and fill slopes shall be installed at the time of grading. 38. All retaining walls shall be a Keystone or other decorative type retaining wall subject to the review and approval of the Planning Director. Retaining walls greater than four feet in height shall be planted with vines or other vegetation. 39. 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 ownership of streets, parking areas, driveways, walks, buildings, utilities, recreational facilities and open spaces for lot 1 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. 40. 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 (lot 1 shown on the tentative map) 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. 41. The two single-family lots accessed via an easement from Putter Drive shall be removed from the plans unless Fire Department access requirements are satisfied for the lots. 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 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. 44. Planning Commission approval of plans shall be required for the single-family homes prior to approval of building permits for the homes. 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 February 4, 2002, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR MITIGATION MONITORING PROGRAM Case File No.: Reference Files: Project Description: Applicant: IS-88-55 S-2001-2 Subdivision for 164 condominiums and two single-family homes on the south side of Sweetwater Road east of the Plaza Bonita shopping center and 100 feet west of Calmoor Street Whitaker Inverstment Corp. 1. To mitigate potential visual quality impacts, new units at the east property line adjacent to homes on Calmoor street shall be constructed in conformance with Exhibit A, 2"d Revision, case file no. S-2001-2 dated 12/18/2001 and Exhibit B, case file no. S-2001-2 dated 12/13/2001 such that there are not rows of units facing the single-family residences to the east. Plans submitted for building permits shall indicate compliance with this requirement. Prior to issuance of a certificate of occupancy for the buildings at the east property line, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. 2. To mitigate potential transportation impacts, the west project driveway shall be constructed at a safe distance from Fairlomas Way in conformance with Exhibit A, 2"d Revision, case file no. S-2001-2 dated 12/18/2001. Plans submitted for street improvements shall show compliance with this requirement. Prior to issuance of certificates of occupancy for the project, the applicant shall submit evidence to the Planning Department that the west driveway has been constructed in compliance with this requirement. 3. To mitigate potential school facilities impacts, the applicant shall submit evidence to the Planning Department that school fees have been paid prior to the issuance of any building permits for the project. 4. To mitigate potential air quality impacts, no more than 164 condominium units and two single-family units shall be constructed as depicted on Exhibit A, 2"d Revision, case file no. S-2001-2 dated 12/18/2001 and Exhibit B, case file no. S-2001-2 dated 12/13/2001. Plans submitted for building permits shall indicate compliance with this requirement, and prior to issuance of a certificate of occupancy for the condominium units, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. Additionally, prior to ® Recycled Paper y' the issuance of certificates of occupancy the applicant shall submit evidence to the Planning Department that all necessary street improvements have been constructed or bonded for as required by the Specific Plan. 5. To mitigate potential paleontology impacts, the applicant shall retain a qualified paleontologist. The paleontologist shall be present at pre -grade meetings and monitor site grading. The paleontologist shall be responsible for recovering and cataloguing any discovered fossils. Prior to issuance of grading permits, the applicant shall provide evidence to the Planning Department that a paleontologist has been retained and will be present for site grading. Within 30 days of the completion of site grading, the applicant shall submit a final paleontology summary report to the Planning Department. 6. The mitigate potential noise impacts, the following measures shall be carried out: a. Plans submitted for building permits shall indicate that all units with a direct line -of -sight to Sweetwater Road will be air conditioned. Prior to issuance of certificates of occupancy for these units, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around frames, doorjambs, and the like. Prior to issuance of certificates of occupancy, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. c. Plans submitted for building permits shall indicate that no vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road. Prior to issuance of certificates of occupancy, the applicant shall submit evidence to the Planning Department that buildings have been constructed in compliance with this requirement. d. Prior to issuance of building permits, the applicant shall submit to the Planning Department a specific interior acoustical study to verify compliance with Title 24. e. Prior to issuance of grading permits, the applicant shall submit to the Planning Department an additional acoustical study to assure that all exterior use areas are not subject to adverse noise levels. 7. To mitigate potential biology impacts, the applicant shall include the onsite enhancement of existing wetlands at a minimum 3:1 ratio to mitigate the loss of jurisdictional wetlands as part of the landscape plans. The enhancement shall consist of the removal of noxious weed species and planting of suitable native wetland species. Prior to issuance of grading and building permits for the property, the applicant shall submit evidence to the Planning Department that any additional mitigation requirements of the State and Federal Resource Agencies have been carried out or incorporated into the project. 8. All future permits for the site shall be reviewed for conformance with the Subdivision and Specific Plan to verify compliance with the conditions described above. City off" National City Department of Public Works NATINAL CITY PLANNING DEPARTMENT SEP 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 ENGINEERING REQUIREMENTS FOR A NEW 170 UNITS CONDOMINIUMS PROJECT ON SWEETWATER ROAD W. OF CALMOOR September 11, 2001 To: Roger G. Post, Director of Planning Department From: Adam J. Landa, Engineering Department Via: Bin -ton S. Myers, Public Works Director/City Engi Subject: A NEW 170 UNITS CONDOMINIUMS PRCT ON SWEETWATER ROAD W. OF CALMOOR 1. A Hydrology study (100 year flood) should be completed prior to doing addtional work on the project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations is a part of Engineering Department requirements. 2 A grading plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer. 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 Depait►uent (Appendix Chapter 33 C.B.C. and Ordinance 99-2164). 3. Separate street and sewer plans shall be submitted, prepared by a Registered Civil Engineer, showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements. 0 Recycled Paper Planning Department_ September 11, 2001 Page 2 4. All surface run-off shall be collected by approved drainage facilities and directed to the natural water way, a curb outlet, or directed to the street by sidewalk underdrains. 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. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. 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. 6. 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. 7. The submitted soils report findings and recommendations shall be part of the Engineering Department requirements. 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. 8. 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. 9. A 20' street right of way shall be dedicated to the City on Sweetwater Road. 10. Two new street light are recommended on Sweetwater Road. The street light shall be per City standards. The feasibility and the electrical energy availability of the street light will be verified with the Public Works Department first prior to its final approval and installation. 11. The existing and proposed curb inlet on property shall be provided with as "No Dumping" tile in accordance with the NPDES program. 12. The driveways on Sweetwater Road shall be an alley entrance type driveway with pedestrian ramps. The existing traffic study recommends that the driveway to the west be align with the driveway on the north side of the street. The proposed west driveway is 157' east of the driveway on the north. An updated traffic study shall be conducted for the new driveway location. Planning Department September 11, 2001 Page 3 13. 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. 14. 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. 15. Street improvements shall be in accordance with the City Standards. All missing street improvements (approximately 1200 L.F. of sidewalks, gutters, curbs, and street) shall be constructed. 16. 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. 17. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership a the property. TENTATIVE MAP RFQT ]TREMFNTS. 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowlegement, complete boundary information and monumentation. 2. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvement with the Authority prior to obtaining the fmal 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. Planning Department September 11, 2001 Page 4, 2001 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 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, unless otherwise approved. 7. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearing 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 station shall be shown. AL:jha2 170port City o National City yn Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 November 13, 2001 To: Jon Cain, Planning Department `� flONAL CITY 4NNNG f`„ r., From: Adam Landa, Assistant Civil Engineer Via: Stephen KirkpatricK Assistant Director of Public Works/Engineering Subject: Hydrology Report and Traffic Report for Bonita Sweetwater Condominiums In response to your letter dated November 1, 2001, the hydrology report prepared by Leppert Engineering and the Traffic Study prepared by Urban Systems Associate Inc. has been reviewed by the Public Works/Engineering Department. The hydrology report appears to address the realignment of the channel and the proposed drainage box. Improvement plans are required for the proposed changes. The plans shall include the extension of the existing drainage concrete box as stated on Resolution 16,316. No permits shall be issued until the plans are approved by the City Engineer. The traffic study addressed the turning movement concerns. The entrance has been redesigned to accommodate a right turn lane. The plan also shows a new 150' left turn pocket into the project area, which will allow 7 vehicles to stop there. A final signed plan shall be submitted with the street improvement plans for approval. AL/mla Recycled Paper NATIONAL CITY FIRE DEPA `'"MENT 333 East 16th Street NATIONAL CITY, CA 91950 (619) 336-4550 DATE: 8-29-01 TO: Jon Cain, Associate Planner FROM: Jeff Burriss, Deputy Fire Marshal SUBJECT: Case File No: S-2001-2 The comments from the 1990 approval Resolution No. 16,316 are still applicable. August 17, 2001 FROM: SUBJECT: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR CITY OF NATIONAL CITY PLANNING DEPARTMENT Case File No: S-2001-2 Subdivision for 170 condominiums on the south side of Sweetwater Road 100 feet west of Calmoor Road and east of the Plaza Bonita Shopping Center. This Subdivision Map has been submitted for Planning Commission consideration. It requests a subdivision for 170 condominiums on a 15.1 acre site involving 12 existing properties. A Specific Plan for 175 units was adopted for this site in 1990. Please submit your comments or recommendations on the proposed project by August 31, 2001 It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-4310. Thank you. JON CAIN ASSOCIATE PLANNER No comments cc: Building & Safety /eparhnent Egineering Department Fire Department - Police Department Pacific Bell Cox Cable San Diego Gas & Electric Sweetwater Authority ® Recycled Paper Ultronics, Inc. County of San Diego Planning Department Chula Vista City School District Sweetwater Union High School District California Regional Water Quality Control Board Metropolitan Transit District Board Fair Housing Council of San Diego SDGE Sempra Energy" company August 30, 2001 Eric Dye Whitaker Investment Corp. 520 West Ash St. Suite 300 San Diego, CA 92101 Dear Eric: San Diego Gas & Electric 8315 Century Park Court San Diego, CA 92123-1550 PLA 580 PROJ# 141938 Subject: Bonita Sweetwater Condominiums — S-2001-2 In accordance with our "RULES FOR THE SALE OF ELECTRIC ENERGY" and "RULES FOR THE SALE OF GAS", filed with and approved by the California Public Utilities Commission, gas and electric facilities can be made available to your project. If purchaser is to pay any cost for the installation and/or extension of utility service, the costs will be calculated in conformance with our extension and service rules. Evidence of financial arrangements for the installation of gas and electricity can be obtained from the developer and/or owner based on correspondence from SDG&E on this project. Our ability to serve future projects in our service territory will depend on the supply of fuel and other essential materials available to us and on our obtaining government authorization to construct the facilities required. Sincerely, aury Tasem Customer Project Planner Telephone: (858) 636-3917 MGT/bb cc: Jon Cain, Assoc. Planner, City of National City M/A: 1243 National City Blvd, NC CA 91950 Dennis Gerschoffer, SDGE NATIONAL CITY PLANNING DEPARTMENT Mr. Roger G. Post, Director Planning Department City of National City 1243 National City Boulevard National City, CA 91950 S'EETWATER AUTHOR 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwatenorg August 27, 2001 Subject: WATER AVAILABILITY BONITA SWEETWATER CONDOS, NATIONAL CITY CASE NO.: S-2001-01 SWA GEN. FILE: WATER AVAILABILITY, 2001 Dear Mr. Post: GOVERNING BOARD MARGARET COOK WELSH, CHAIR JAMES'JIM' DOUD, VICE CHAIR SUE JARRETT BUD POCKLINGTON GEORGE H. WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER. MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to an Application for Tentative Subdivision Map for the subject property within the Sweetwater Authority service area. There is a six-inch water main located on the north side of Sweetwater Road, adjacent a portion of the proposed development. The Authority's records indicate that.there are four water services to the project area. Enclosed is a copy of 1/4 SEC. 99 map, which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. It appears that the existing six-inch water mains fronting the project will need to be replaced with a larger diameter pipe. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a. building permit. Please note that Sweetwater Authority requires a ten -foot horizontal separation befiveen sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas 26. Mr. Roger G. Post City of National City Planning Dept. Re: CASE NO.: S-2001-02 If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 80 p.s.i. to a minimum of 70 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at 422-8395, ext. 641. Very truly yours, SWEETWATER AUTHORITY ibzkov--1 Hector Martinez Deputy Chief Engineer HM:LJE enclosure: photocopy of 1/4 SEC. 99 map pc: Whitaker Investment Group do Eric Dye 520 W. Ash St., Suite 300 San Diego,CA 92101 \\SWA AD\DATA\eng_pool\Laurie\Wtravail\BO SW CONDOS.doc Existing six-inch water main in Sweetwater Rd. Subject Property: Outlined in green 1/4 SEC. 99 City of National City SWEETWATER UNION HIGH SCHOOL DISTRICT Planning & Facilities August 24, 2001 Jon Cain City of National City Planning Department 1243 National City Blvd National City, CA 91950 RE: Case File No: S-2001-2, Bonita Sweetwater Condominiums Sweetwater Road NATIONAL CITY PLANNING DEPA RTMEN'► Ai;3 0 NT1 Dear Mr. Cain, The proposed project is located within the service boundary of the Sweetwater Union High School District. Pursuant to California Government Code 65995, the governing board at the District is authorized to, and has directed, that a fee be levied on new residential and commercial structures within the District for the purpose of funding construction of school facilities. Presently the majority of schools in our district, serving grades 7 through 12, are operating at capacity. It is the policy of the District to require new development to fully mitigate for growth impacts through participation in a community facilities district (CFD). A generic CFD (No. 10) has been established to facilitate this effort, at no cost to the developer. We request that the City impose upon the applicant a condition to fully mitigate school impacts by annexing the property into Community Facilities District No. 10 prior to the issuance of any building permits. If you should need additional information, please contact Rafael Munoz at (619) 691-5553. Sincerely Katy Weigh Director of Planning 1130 FIFTH AVENUE CHULA VISTA CA 91911 PHONE (619) 691-5533 FAX (619) 420-0339 BOARD OF EDUCATION CHERYL S. COX, Ed.D. LARRY CUNNINGHAM PATRICK A. JUDD BERTHA J. L�PEZ PAMELA B. SMITH SUPERINTENDENT LIBIA S. GIL, Ph.D. CHULA V TA ELEMENTARY SCHOOL DISTRICT 84 EAST "J" STREET • CHULA VISTA, CALIFORNIA 91910 • 619 425-9600 EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH August 24, 2001 Mr. Jon Cain Associate Planner City of National City 1243 National City Boulevard National City, CA 91950 RE: Case No. Project: Location: Dear Mr. Cain: NATION PLANNING DI' FAi ILIN S-2001-2 Subdivision for 170 Condominiums South Side of Sweetwater Road, West of Calmoor Road and East of Plaza Bonita Shopping Center Thank you for the opportunity to respond to the Tentative Subdivision Map regarding the project referenced above. This project is within the Chula Vista Elementary School District, which serves children from Kindergarten through Grade 6. The District recommends annexation to our "new generic" Community Facilities District (CFD) No. 10. This CFD holds all future (small) developments, such as the proposed units planned for this area. During the 2000-2001 school year, the District experienced a 5 percent increase in enrollment. During the coming years, we expect growth at a rate of 3-5 percent. Permanent capacity has been exceeded at many schools and relocatable classrooms are being utilized to accommodate increased enrollments. The District also buses students outside their attendance areas, both to accommodate growth and to support parent choice options. State law currently provides for a developer fee of $1.47 per square foot of assessable area to assist in financing facilities needed to serve growth. This fee is assessed for new construction and additions or remodels of over 500 square feet. The District encourages developer participation in alternative financing mechanisms to help assure that facilities will be available to serve August 22, 2001 Mr. Cain S-2001-2 children generated by new construction. We are currently utilizing CFD's as one method to help fund this shortfall. Participation in a CFD is in lieu of developer fees, with school mitigation paid by the homeowner in the form of a special tax. The subject project is located in the Valley Vista Elementary attendance area. This school is presently operating at or near capacity. An alternative financing mechanism, such as participation in, or annexation to, a CFD is recommended. If you have any questions, please give me a call. Sincerely, well Bill ngs, Ed. Assistant Sup endent for Business Services and Support LB:If Z. RE:SOLUTION 140. 16 Al 5 "' A PISCLUT1q61Or INEIZETI--anicL Cristfik criv 01'. NATI*14010,14olutitiem THE MAL -PIPAC10ST PROMPITQL.THE - Poar rrA piiI,CiN THE 'km SIDii3O' ..rIR3o7D,INi&T OE PLAZA iicifErm APPLIFIV* I. & H DEVREAPIENTi:.INC...:: WHEREAS, a Draft Environmental Impact Report (ER)saxeil in accordance with the Californialtivizonnientai. Quality Act2(C141), the State CESIA Guidelines anti the National CiWiiivironntal Qideurins: end SMEAR, a publiC notice"of—tft avaiuhility of the -draft EIR; designating a public review period ehdititio June 29, 1990 was provided in accordance with Section 21092 of the patic Resources Code of the state of Chlteornia; and ' WHEREAS, a final MR was prepared inaccardaireVitkCES14, State Guidelines and the National City EnvirOnetental titaide.Iirea, and consists of the draft EIR, :tile list of indiVPokitt4 organizik:tions.. or agencies oonmenting on the draft EIR, cements' received cat:: the drat MR and responses to contents; and WHEREAS, on July 2, 1990 the Planning Cceiries ion held a-citily notiOad public hearing and considered the final Eitt, at which time staff reported on the major issues, significant 'ineiticte and mitigations, as Well lie contents received from inr3ividualii, 'Organizations, ard-jublic agencies on the draft EIR and the responses given thereto; and WHEREAS, the Planning Commission heard public teatinony on the final EIR and adequately addressed such testimony; and WHEREAS, the final. EIR identified certain significant environmental impacts requiring mitigation; and WHEREAS, the Planning Ccendern found -that the proposed ;project would have significant effects with " 4frregark- tait:inS12 qua#ty, transportation school facilit.ies, air quality, paleontology and -noise, .and that changes or alterations should be required in, 'bru'rintiorporated into, the proposed project, which avoid or taubitantilly lessen the significant environmental effects thereof as identified in the final MR and as deFFibed in the explanation of findings on file in the office of the City Clerk as Exhibit "A", anzl (1) WHEREAS, the Planning Commission found that the project will not have a significant effect on the emrirament with regard to land use, cultural resources, toxic materials, geology, hydrology, biology, shadowing, and water quality; and WHEREAS, the Planning Commission certified that the final EIR has been compaeted in ocumaimme with the requirements of the California Environmental Gnality Act (�M), State CEQA Guidelines and National City Enviroarental Guidelines; and WARMS, the Planning Comission recamended that the City Council, having final approval authority over the project, make the above findings, and adopt the explanation of findings, certify that the final EIR has been completed in compliance with CEQA, the State CEQA Guidelines, and National City Enviramwmtal Guidelines; and review and consider the information contained in the EIR prior to rendering the final decision on project approval; and WHEREAS, the City Column has considered the Final. Environmental Impact Report and environmental findings and reoommendations of the Planning Comission; NOW, 'BM/REBORE, BE IT RESOLVED that the City Council finds that the proposed project would have significant but mitigated effects with regard to visual quality, transportation, school facilities, air quality, paleontology and noise, and that changes or alterations will be required in, or inoarporated into, the proposed project, which avoid or substantially lessen the significant environmental effects thereof as identified in the final EIR and as described in the explanation of findings on file in the office of the City Clerk as Exhibit "A"; and BE IT FURTHER AND FINALLY RESOLVED that the City Council certifies that the final EIR has been oompletel in compliance with the requirements of the California Enviramental Quality Act Law, State CEQA Guidelines and National City Environmental Guidelines. PASSED AND ADOPTED this 21st day of August, 1990. GE H. VaERs, NIFLYOR ATPESP: aAL Lp PEOPLES, CITY APPROVED AS '10 PCRM: GEORGEa. EISER, 111 CITY ATTORNEY Passed and adopted by the Council of the City of National City, California, on August 21, 1990 by the following vote, to -wit: Ayes: Nays: Absent: Abstain: Councilmen Dalla, Inzunza, Pruitt, Vaq DevpgtiegzAaters Councilmen None Councilmen None Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California (Seal) By: LORI ANNE Pg0PJ S City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO..?,(?,.37,5 of the City of National City, Calif., passed and adopted by the Council of said City on .Augus>:..21,..1990 By: City CIrk of the City of National City, California Deputy PLANNING COMMISSION RESOLUTION CERTIFYING THE FINAL wirmavarrAL ImPAcr REPORT (hiR) FOR THE POINT BONITA PROTECT AND COMMENTS AND RESPONSES TO COMMITS ON THE DRAFT hiR (IS-88-55) Note: The final EIR consists of the draft EIR, comments and recomendations received on the draft EIR, a list of persons, agencies or organizations who commented on the EIR, and any infauudtion added to respond to significant environmental points raised luring the review process. Transmitted for Council consideration July 23, 1990 3 5 prsounstv NO. 21-90 A RESOLUTION OF THE MANN= CatIGSSIEN CF THE CITY OF NATICtal, CITY, CALIECIVIA, CERTMEn IHEFINALENVIRCtIERFAL xmmicr =PORT PREPARED FOR THE MINT BONITA PROM= IDCATEDa EE SOUTH MCC CF SHEETWATER ROAD EAST OF PLAZA DMITA. APPLICANT: LAHERVEWEENT, INC. CASE FILE NO. IS-88-55 IREREAS a Draft Environmental Irmact Report (lanwas prepared in accordance with the California Environmental flelity Act (CE0A), the State =IA Guidelines and the National City Environmental Guidelines; and WHEREAS a public notice of the availability of the draft EIR, designating a public review period ending on June 29, 1990 was provided in accordance with Section 21092 of the Public Resonroes Cbde of the State of California; and WHEREAS a final EIR was prepared in accordance with =A, State CEQA Guidelines and the National City Enviramental Guidelines, and consists of the draft ELR, the list of inclivi.duals, organizations or agencies carmanting on the draft EL1, contents received on the draft ELR and responses to conmants, and 11=AS on July 2, 1990 the Planning Commission held a duly noticed public hearing, and considered the finalELR, at which time staff reported on the major issues, significant impacts and mitigations, as well as orments received from individuals, organizations, and public agencies on the draft EIR and the responses given thereto; and 11PMEAS the Planning Carrission heard public testimony on the final EMI and adequately addressed such testimony; and 1NEREAS the final EIR identified certain significant enviramental impacts requiring mitigation; tW,THEREPCRE, BE IT PRMIAMETHAT the Planning (omission finds that the proposed project would have significant effects with regard to visual quality, transportation, school facilities, air quality, paleontology and rase, and that changes or alterations should be required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant eavirarental effects thereof as identified in the final EIR and as described in the explanation of findings attached and made a part hereof as Exhibit "A", and 9 LD ‘,f FLIRTER =CLUED THAT the Planning Commission finds that the project will not have a significant effect on the ezwirorment with regard to land use, cultural resources, toxic materials, geology, hydrology, biology, shadowing, and water quality; and MT= RESOLVED THAT the Planning Camnission certifies that the final IMER has been caapleted in complianoe with the requirements of the California Environmental Quality Act (CEPA), State DMA Guidelines and National City Envirarzental Guidelines; and MEER RESCUED SEAT the Planning Onsnission recommails that the City Council, having final approval authority over the project, sake the above findings, and adopt the explanation of findings, certify that the final EIR has been completed in compliance with CEO, the State CE0h Guidelines, and National City Environmental Guidelines, and review and consider the information contained in the EIR prior to rendering the final decision on project approval. FINALLY ECSDLVED THAT copies of this Resolution be ?transmitted forthwith to the applicant and to the City Council. CL-RTJFICATICM: This certifies that this Resolution was adopted by the Planning Commission at their meeting of July 16, 1990 by the following vote: AS: was: ARTBOD4 Hood ABSELat . Howrey, Zarate ( Ladd, Detzer, Aguilera, Godshalk EXHIBIT A RESOLUTION ND. 21-90 CASE FILE NO. IS-88-55 EXPIATION OF FINDINGS 1. Visual Quality A. Impacts The proposed project would be potentially sensitive from the standpoint of the adjacent esfiamishe3 residences. Specifically, the residences viewing the project along Calmoor Street would be directly adjacent to the two-story buildings on the eastern portion of the site. Due to the proposed placement of the buildings fronting directly onto the yards of off -site homes, views from the proposed units would look dawn into the yards and windows of the existing, adjacent residences to the east. B. Mitigation This situation is considered significantly adverse in that no effective buffer between the proposed buildings and the existing homes is proposed at this time. Mitigation of this anticipated impact would require a re -orientation of the placement of the proposed buildings to avoid direct intrusive views, or a visual buffer between the proposed second story structures and the existing homes. 2. Transportation A. Impacts Due to the relative offset between the centerline of the proposed west driveway, and a private street on the opposite side of Sweetwater Road, conflicting travel paths for exiting left -turn vehicles result. B. Mitigation In order to reduce the negative impact of conflicting travel paths for exiting left -turn vehicles at the proposed west driveway, the west driveway shall be relocated further west so that the centerline of the driveway matches up with that of the adjacent street. 3. Public Services and Facilities - Schools A. Schools Impacts The project is anticipated to have a significant effect on both (hula Vista City School District and Sweetwater Union High School District facilities. These impacts are determined by the school districts to not be completely mitigated by required developer fees alone. The project mill generate approximately 71 new elementary school students equal to two and'one-half new classrooms. It will also generate approximately 18 junior high school students and 34 high school students. B. Mitigation Required developer fees, authorized by State law, provides mitigation of impacts to sdx of facilities. Voluntary cooperation by the developer to annex to a Mello -Roos district would further mitigate the impacts. Voluntary payment of additional fees beyond the required developer fees would also provide additional mitigation. 4. Air Quality A. Impacts Development of the proposed project is not anticipated to result in site specific air quality impacts. The project would contribute, however, to significant cumulative impacts to air quality at two nearby intersections (Sweetwater Road at southbound 1-805 ramps/Euclid Avenue and Sweetwater Road and northbound I-805 ramps). B. Mitigation In order to reduce emissions, the following transportation tactics from the RAQS (Regional Air Quality System) are identified and will be available to the proposed development. They include, 1) Riaegharing, 2) Bicycling, 3) T'ransit, and 4) Walking. Availability of these tactics is anticipated to reduce potential impacts to air quality to below a level of significance. 5. Paleontology A. Impact The project site is underlain, in its southern half, by marine sandstones of the San Diego Formation. This rock unit is considered to represent a significant paleontological resource, and any grading of the San Diego Formation on the project site may result in significant impacts to fossiliferous material. B. Mitigation The potentially significant impacts to fossil remains from site grading can be mitigated by the implementation of a series of commonly -used measures. They include: 1) retention of a qualified paleontologist, 2) a paleontologist at pre -grade meetings, 3) a paleontologist site monitor, 4) recovery of discovered fossils, 5) remains of fossils to be recorded and cataloged, and 6) a final summary report be prepared. 6. Noise A. Impact Four classes of noise effects were identified that would be associated with project implementation. They include: - Future traffic on Sweetwater Road - Tamporary nuisance noise impacts during site grading and construction - Fixed nuisance noise sources within the proposed Planned Unit Developrent - Intermittent nuisance noises within the proposed Planned Unit Development B. Mitigation 1. All units with a direct line of sight to Sweetwater Road shall be air conditioned (this is to assure the future residents of having a closed door/window option at all times) 2. All windows and doors with a direct line of sight to Sweetwater Road shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around frames, doorjams, and the like. 3. No air vents or similar appurtenances will be oriented such that they would have a direct line of sight to Sweetwater Road. An open air vent facing directly onto SMeetwater Road could act as a noise conduit to the interior of the unit. 4. Prior to issuance of building permits, a specific interior acoustical study to assure compliance with Title 24 will be completed. 5. Prior to issuance of grading or building permits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. RESOLUTION NO. 16,316 A RE93UTICN OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING AN AN MELVT TO THE GENERAL PLAN AND A SPECIFIC PLAN FOR 175 RESIDENTIAL CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEATER ROAD, EAST OF PLAZA BONITA. APPLICANT: L & H DEVELOPMENT. INC. CASE FILE NOS. GP-4-88/ZC-8-88/SP-1-88 WHEREAS, the City Cbuncil considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on August 14, 1990; and, WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of a specific plan to carry out said amendment to the General Plan, along with evidence and testimony presented at the duly advertised public hearing held by the Council on August 14, 1990; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3,.Article 6 of the Government Code of the State of California; and, WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for adoption of the proposed specific plan pursuant to Title 7, Chapter 3, Article 8 of the Government Code; and WHEREAS, the Planning Commission at a duly advertised public hearing held on July 2 and 16, 1990 considered the proposed amendment to the General Plan of The City of National City and the proposed specific plan, along with all evidence and testimony presented at said hearing, and along with the final environmental impact report (IS-88-55): and WHEREAS, the Cir Council recognizes the desirability to conduct reviews of, and consider amendments to, the General Plan to accamodate the changing needs of the oanmmity; and WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan by adoption of a specific plan in compliance with the general plan for the area of the south side of Sweetwater Road, east of Plaza Bonita, approximately 100 ft. west of Calmoor Street; and • WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and welfare. NOW, THEREFORE BE IT RESOLVED that the City Council has Considered the final environmental impact report and finds that the project will result in significant effects on the environment and that changes or alterations required in, or incorporated into, the project avoid or substantially lessen the significant effects, ,as explained in the final EIR (IS-88-55) and explanation of findings incorporated in the City Council resolution certifying the final EIR; and BE IT FURTHER RESOLVED that the City Council finds that the proposed general plan amendment is in the public interest since it is consistent with the City's housing element policies, and higher density housing is appropriate for the site, near regional shopping and transportation facilities; and BE IT POURER RESOLVED that the City Council finds that the specific plan and general plan amendment will be consistent with City policy to protect established single-family neighborhoods from inappropriate higher density or non-residential development, since conditions of approval require design modifications regarding location and building pad elevation for structures along the eastern portion of the site, and since no direct access between the site and adjacent single-family residential neighborhoods will be provided; and BE IT FURTHER RESOLVED that the City Council finds that the specific plan is consistent wah the City's General Plan and the proposed RM-1 designation since it will provide increased homeownership opportunities in the City, will improve the range of housing opportunities in the City by providing higher quality housing, and will permit 175 residential units at a density of approximately 11.7 units per acre, and the RM-1 designation permits 22.9 units per acre; and BE IT FURTHER RESOLVED that the City Council hereby amends the land use designations of the General Plan on the Combined General Plan/Zoning Map from RS-3-GP-TZ (CG-PD), Residential, Single-family Extendable, with a tentative zone overlay designation of General Carmercial-Planned Development, to RM-1-PUD, Residential, Multi -family Extendable -Planned Unit Development, for approximately 15 acres of property located on the south side of Sweetwater Road, east of Plaza Bonita, approximately 100 ft. west of Calmoor Street, as further described by case file location map (case file nos. GP-4-88/ZC-8-88/SP-1-88) on file in the office of the City Clerk; and BE IT FURTHER RESOLVED that the City Council adopts a specific plan for the 15 acre area with the following conditions: 1. A subiivision map and site development plans, including grading, building, ,landscaping, and other improvement plans for the condominium project shall be submitted for City approval in conformance to site development plans described in the EIR (IS-88- 55), and Exhibits A and B, Case file No. SP-1-88 dated 6/28/90 and 7/5/90, except as otherwise required by conditions of approval. The number of units shall not exceed 175, as shown on the site development plan, Exhibit "A". 2. The approved specific plan shall supersede the requirement of the PUD designation for a planned development permit. No planned unit development permit shall be processed which does not conform to the specific plan. 3. Project design modifications and landscae plans shall be submitted f approval by the Planning Cc¢a'ssion to avoid rows of buildings facing the eastern project boundary, to reduce building pad elevation near the eastern project boundary, and to relocate the westerly project roadway access, as described in the environmental impact report (IS-88-55). 4. The 15 acre site shall be developed as a single project. 5. The potentially significant impacts to fossil remains fran site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program, as described in the environmental impact report (IS-88-55). 6. The following measures are required to mitigate noise impacts, as explained in the environmental impact report (IS-88-55). a. All units with a direct line of sight to Sweetwater Road Shall be air conditioned. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around frames, docrjams, and the like. c. No air vents or similar appurtenances will be oriented such that they would have a direct line of sight to Sweetwater Road. d. Prior to issuance of building permits, a specific interior acoustical study to assure compliance with Title 24 will be completed. e. Prior to issuance of grading or building. permits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. 7. The subdivision map for the project shall be submitted to the County Department of Health Services for review. Documentation shall be provided from the County Department of HealthServices indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections for the adjacent lots, if determined necessary by the City Engineer and County Department of Health Services. 8. The following improvements/requirements shall be completed with approval by the City Engineer: a. The on -site pavement structural section shall be a mini.nnan of 2" A.C. on 4" I.B., or per the soils report. b. A. soils report shall be submitted to the City Engineer for review. The report shall address all of the slopes, bearing pressures of soil, and stability of slopes. All the slopes shall require submittal of landscaping plans, which are subject to approval of the Planning Department. c. Grading and drainage plans shall be submitted which show all the proposed and existing improvements. The plans shall be prepared in accordance with the City grading and drainage requirements. d. The off -site and on -site drainage studies shall be submitted for review. e. The developer will be required to provide the City a 35 ft. wide (maximum) drainage easement for the proposed triple box culvert. f. The street widening and curb, gutter and sidewalk improvements along the frontage of the north property line and triple box culvert installation on Sweetwater Road shall be in accordance with City Drawings No. 5821-D to 5825-D•or as approved by the City Engineer (the drainage easement may be relocated within the roadway right-of-way). The structural sections shall be in accordance with the soils report, but not less than the thickness as shown on the City's drawing 113-S-B. Land to be dedicated for street purposes shall be 21 ft. wide maximum. g. The private street improvement plans shall be submitted. Private streets shall be a minimum of 30 ft. wide, except for driveways to garage areas where no on -street parking will occur. h. The developer shall submit a cost estimate and deposit 3% of the cost estimate with the City Treasurer for the plan checking and field inspection. 9. The following conditions shall be satisfied regarding fire protection. a. The required fire flow for the project will be 1500'GPM for 2 hours at a minimum 20 PSI residual. Sweetwater Authority must verify in writing to the National City Fire Department that this flat/ can be met. b. Approximately nine (9) fire hydrants will be required. c. Access roadways must be maintained at a minimum of 20 feet wide and turning radius a minimum of 24 feet. d. Any security gates used will be required to have a knox box mounted at the gate entrance for Fire Department use. e. Addresses must be provided on each unit in a visible location and on a contrasting background so that they can be seen easily. If necessary, an additional address directory sign shall be located at the entrance to the complex. f. Smoke detectors shall be provided for each unit in ear accordanbe with the Building Code. g. A fire extinguisher, type 2A:10BC will be required in the recreation beilding and cne at the pool/spa. 10. The following conditions shall be satisfied to improve police. security. a. Entry into the ccmplex shall be restricted by an electric operated gate. b. The Association shall agree to remove graffiti fran walls within 48 hours, and to prevent graffiti, the landscape plan shall require vines planted to grow on the walls. c. The project should follow City requirements relating to security devices such as locks and deadbolts. 11. Rear building elevations (garage entrance side of buildings) shall be modified to provide additional architectural detail, with approval by the Director of Planning. 12. Site development plans shall be revised to relocate the swimming pool and tennis court, to the satisfaction of the Director of Planning, away fran the project boundary to a central location within the project or closer to Sweetwater Road. PASSED and ADOPTED this 21st day of August, 1990. GEORGE H. VA ge , MAYOR ATTEST: IORIt AME PEOPLES, cITY APPROVED AS TO KRA: GEORGE H. EISER, III Passed and adopted by the Council of the City of National City, California, on August 21, 1990 by the following vote, to -wit: Ayes: Councilmen Dalla, Nays: Councilmen None Absent:. Councilmen None Abstain: Councilmen None Inzunza, Pruitt, Van Deventer, Waters AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California (Seal) By: LORI ANNE PEOPLES City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 16 , 316 of the City of National City, Calif., passed and adopted by the Council of said City on August 21, 1990 By: ivvv h---. !1� City Cl rk of the City. of National City, California Deputy ;.„ linsl$24 ows- SWEETWATER NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. SP-1-88 DATE: 6/28/1990 ZONE 1 Er4.:123-70 "114,7c- -"r-r(7.21N +lb% = „;;;Irarreffte -44'41 .90,1041 UNITS 177 GARAGES (2 GAR) 177 GUEST PARKING 107 • NORTH • /ON F NNS* IN NE MI MVO III MI '.ww'.I. 'Ns wlit 17cu_ UNIT; tiQ. w UNIT. 1 T , ran .UNIT ► "Bs UNIT UNIT `Da - END ELEVATION w MI NI tat WO in Pillg MIN Ny r. •. EN. .. ;vrtruov El • a I.`B' UNIT wBs UNIT d!� H I `A° UNIT': t'Du UNIT "A" UNIT 'V' UNIT • UNIT `C",- END ELEVATION; PROJECT SUMMARY 177 UNITS 30 BUILDINGS t NECROTION BUILDING 3000 SQ FT 1 SWIMMING (LAP & KIDS WING/ POOL 1 SPA 2 TOT LOTS 1 PARK 0 0 UNIT "B" 38R-2 1/2BA 1509 SO. FT. UNIT BREAKDOWN 80 A UNITS 2BR 2 1/2BA 1304 SO FT 78,240 SO FT 67 B UNITS SSR 2 112BA 150E 6O FT 88,013 SQ FT 30 C UNITS 3BR 2 1/2BA 1551 SO FT 46,530 SOFT 30 D UNITS 2BR W/DEN 3BA 1510 SQ FT 45,300 SO FT 177 UNITS 256,083 SO FT • S•'• m a UNIT "A" 2BR-2 1/28A 1304 SO. FT. Sheet C1 UNIT "D" 2BR+DEN-3BA 1510 SQ. FT. UNIT "C" 3BR-2 1/2BA issi SO. FT. ,1 Hi sheet of January 29, 2002 City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4397 Attention: Mr. John Cain Reference: No. S-2001-2 Whitaker Investment Corporation Bonita Sweetwater Condo Project Dear Mr. Cain, We the undersigned, as residents of Putter Drive, Bonita, California hereby declare our objection to the use of an existing driveway easement located in the cul-d-sac area of Putter Drive in Bonita, California as an access street for two proposed single-family dwellings as part of the above referenced project. We are concerned the additional traffic at the driveway easement would cause possible problems for cars and playing children. Parking in this area is currently very limited. In addition, postal delivery and trash pick- up among other services would become problematic. Kespecttully subnutted,[iszYtuvz,u // s�� � 04. 26/ 3 per. 40: .n'1 a ti > 3502o/ 2Z &siz(0-k-k_Av\.kcc Kcc-wkivoof\5y 3o©��-� 3sa5 TCer b.( DinCoe January 29, 2002 City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4397 Attention: Mr. John Cain Reference: No. S-2001-2 Whitaker Investment Corporation Bonita Sweetwater Condo Project Dear Mr. Cain, Thank you for your attention and help during our meeting of 1-28-02 pursuant to an effort to reach a satisfactory finalization of the subject project feasibility. I have been a member of the South Bay community for over 60 years, and a resident of Putter Drive for the last 23 of those years. During these years, progress and change have been a way of life. The proposed condo project is an important change for National City. The proposal seems to have been well thought out to include improvements to the 1990 project. However the 1990 proposal designated the area now being proposed for two single- family lots as a green belt area. Prior to the 1960's, a single- family dwelling existed in the above -mentioned area. That and all the surrounding properties were owned by the same family. They placed easements on the adjoining properties to allow a shorter distance back and forth to their residence. Their properties were subsequently sub -divided to form the cul-d-sac of Putter Drive. The original house was consequently sold and removed from the property. This entire area became the property of joint investment owners sometime in 1978. There has been no accepted development proposal from 1978 until the 1990 proposal which designated this portion of the project to be a greenbelt area as previously noted. The current proposal for two units in this area does not match the existing residences in lot size, nor is there any information available as to the size of the dwellings themselves. Therefore, I am proposing that the lots be assigned as part of the wetland/greenbelt area with no further activity allowed on the Putter Drive driveway easement access. Please distribute this letter to the council members. I also intend to address this issue at the February 5th Council meeting. Respectfully, Virgil Thurman 3526 Putter Drive Bonita, CA 91902-1033 4 7 3HT I "ICE yi 1E. fe_. 4_ kr° ".4 fl-P F29 &' rs/6c.0 /c._ /9- ef)/ZOKLc( Ari N 7D v 0 p eA FeQ...0,11 LALT.4 _47 S yl © ra--, ,e) iV / p,/7/0..e-ti,e7A/L —a-' C/L ao'coutar no PER BK SOO PG 40 OF DEEDS Mit (1), N R53 .477-?.. IOW iN IA 41044eiR • • Cr. ROAt 54E•Er.w.r., `4, January 2, 2002 NATIONAL CITY FLANNINC D PARTiI'e`I�... National City Planning Department 1243 National City Boulevard National City, CA 91950 Attention: Roger G. Post, Director Reference: Case File No. S-2001-2 Public Hearing, Monday, Jan. 7, 2002 Dear Mr. Post, The above referenced letter refers to the Specific Plan adopted for the site in 1990. My records indicate this meeting was held June 18, 1990 — Case File No's. GP-4-88/ZC-8- 88/SP-1-88/IS-88-55. This was for residential condominium units. The current proposal is for residential condominiums and (2) two single-family lots. Eric Dye of Whitaker Investments has contacted us and shown the proposed condominium subdivision and the two single-family lots. We reside at 3526 Putter Drive (ref. 570-320-05-00. Our property (Lot 5) is adjacent to Lots 4 and 7. Lot 4 has an easement for access to Lot 7. Lot 4 is in San Diego County and Lot 7 is in National City. This property has been vacant for the last 25 years. Our concerns for the (2) two units are as follows: 1. The increased traffic on the 16-foot wide easement will at least double. The easement parallels and is approximately 10 ft. from (2) two of our bedroom walls. 2. The driveway entering the easement allows car headlights to shine directly into the master bedroom. 3. The Putter Drive cul d sac has minimum space available for parking. 4. Is the easement road acceptable for emergency vehicles? 5. Who has responsibility for providing maintenance of this easement access? 1 Our concerns regarding the condominium proposal are as follows: 1. Since 1990 the Sweetwater Road traffic has multiplied several times due to the Bonita/Eastlake building spree. Sweetwater Road narrows at exactly the 15 acre proposed site. 2. Water drainage during peak rain periods has always been a problem. 3. What considerations have been addressed regarding the additional light and noise level? Please consider all of our concerns in your review of this latest proposed subdivision. Respectfully, Virgil and Shirley Thurman 3526 Putter Drive Bonita, CA 901902-1033 570-320-05-00 2 Ie? s'iCl`I_QL i Tv 0 January 1, 2002 3606 Fairlomas Road National City, CA. 91950 City of National City Planning Department 1243 National City Blvd National City, CA 91950 RE: Case File No S-2001-2 Subdivision for 164 Condominiums/2 Single Family Lots Sirs: I am writing to challenge the nature of this proposed action to build 164 Condominiums and 2 Single Family Houses on the south side of Sweetwater Road East of Plaza Bonita Shopping Center and 100 feet West of Calmoor Street as I have a Bonita Willows Townhouse Association Board of Directors meeting on January 7, 2002. I have lived in the Bonita Willows Townhouses for 15 years. Over these years I have seen traffic increase dramatically along Sweetwater especially since the opening of Plaza Bonita Center Way Road and direct access to Plaza Bonita Center. So much in fact, that it is almost impossible to make a right or left hand turn onto Sweetwater the majority of any given day. Add holiday seasons and we can wait 5 minutes or more before we are able to make a turn and then you often risk getting hit for cars going to fast. If someone wants to walk to the Shopping Center one has to go down to next signal past Ring Street to cross safely in a crosswalk. Children have to cross Sweetwater to catch their school buses during school and adding more traffic will put these children in more danger from more speeding cars. Adding 164 Condo homes with a minimum of 2 cars each plus 2 more single-family homes will just add to the already heavily traffic Sweetwater. These homes will additionally put more of a burden on the already overused sewer system. Thank you for consideration of my comments. Sincerely, 211 Marsha L. Burnett NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map ✓ Tentative Subdivision 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 —200t Filing Fee $ • i Receipt No.'_ 'Z. Date Received 8girfal By C . iN E.A.F. Required Fee $ Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 5 70 -3 Zv - c,7 -I) / Y -LC) PROPERTY LOCATION 5,,,1 t E 7 vwcle R `� v COMBINED GENERAL PLAN/ZONING DESIGNATION S/HE Ci FI C. ?(-44') Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OTHER AUTHORIZED REPRESENTATIVE � 1 Name:' Name: Signature T t . Signature (Signature ac wledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: —1 K / 5 i� j� s s iGL Y /41 Address: Sw76 /O9 SAS l7/eGo CA U/o8 Phone No. Co I q - Co 6 8' O30 S '<l 2 Phone No. Fax No. (t,1c7 - 2fi `-1 _ � 39 V Date: •- Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). 5ee 47'Tac 4 ° e`JProperty owner signatures are available Name: Name: on file in the Planning Department. Case file no. S-2001-2 Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) : application is being filed) Address: Address: Phone No. Phone No. Fax No. Fax No. Date: Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT Name: \( (Please Signature: (Ivy Es1 medu T C >Lf c4 6Rdc DYE (Signature cefies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: J f'15H S7ac6Y Ste,'7c` Soo Srg", 0/66o CA 9u0� Phone No. Fax No. Date: GlCi- &38-/83z x/o3 Coles!- S3/ - /7$� Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 C 0 R. E' LT R A T I O N August 15, 2001 HAND DELIVERED Mr. Roger Post, Planning Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Re: Bonita Sweetwater Condominium Project Dear Roger: Attached, please find one (1) executed Tentative Subdivision Map Application and a check in the amount of $1,500.00 made payable to the City of National City which represents the fees for the Tentative Subdivision Map Application. The Tentative Subdivision Map Application is for the following parcels located in the City of National City. Parcel Numbers Parcel Owner APN # 570-320-07, 08 Whisman, Kerney, Forrest, Gildner et al. APN # 570-320-09, 10, 15 Ken Jewish Community APN # 570-320-11 Tremaine & Geraldine Gearhart, Trustees APN # 570-320-12 Gerald & Barbara Myers APN # 570-320-14 Blanca &Edward Bystrak, Trustees APN # 570-320-16 Wells Fargo Bank, Trustee APN# 570-320-17 Larry & Bertha Lorenzana APN # 570-320-18 Maximino Brambila. APN # 570-320-19 Jose & Molca Goldwasser APN # 570-320-20 Jon Jentz Submitted with this Tentative Subdivision Map Application ("Submittal") are the following documents. 1. Fifteen (15) copies of the Tentative Map, prepared as per National City Municipal Code Section 17.04.010 2. One (1) reduced, letter sized copy of the Tentative Map 3. Public Hearing Information and two (2) sets of mailing envelopes P.O. Box 12440 San Diego, CA 92112-3440 Tel. 619.238.1832 Fax 619.531.1783 Mr. Roger Post, Planning Director Tentative Subdivision Map Application Bonita Sweetwater Condominium Project August 15, 2001 Page 2 4. Consent Agreements from all the Property Owners 5. Copies of the Preliminary Title Reports for each parcel as prepared by First American Title Insurance Company 6. Three (3) copies of a geotechnical report as prepared by GEOCON 8. One (1) copy of a biological report as prepared by REC Environmental Consultants. This Submittal is in substantial conformance to the Specific Plan SP-1-88 and the Specific Plan Amendment ("SPA") as approved under Resolution No. 16316 and, as such, there should be no necessity for any further studies as the material submitted with this Application and the material approved under the SPA conforms to the requirements of the Tentative Subdivision Map. There are some important features to the Submittal which are very attractive to the City of National City, as follows. A. The SPA approved the development of 175 condominium units; the Submittal reflects a decreased density. B. The Submittal preserves the majority of the wetland habitat, unlike the SPA, which approved the destruction of the wetland habitat in and about the drainage ditch which traverses from east to west through the Property. The Submittal provides that the drainage ditch will become a greenbelt feature for the Project which will provide natural drainage and habitat preservation for the site. The Submittal has more open space and greenbelts than was approved under the SPA. C. The Submittal provides the recreation area located in the middle of the Project as opposed to the location proposed in the SPA. D. The Submittal provides the removal of the four (4) existing single family residences ("SFR") along with attendant out buildings. The four SFR's currently have septic tanks which are non -conforming to City of National City guidelines. Two (2) of the SFR's are currently not occupied. The Submittal will provide that the Project connects to the sewer in Sweetwater Road. Mr. Roger Post, Planning Director Tentative Subdivision Map Application Bonita Sweetwater Condominium Project August 15, 2001 Page 3 E. The Submittal provides that the Project is designed with the most recent UBC codes which offers the most current seismic reinforcing and energy efficient dual glazed windows, fluorescent lighting, and improved insulation which were not proposed in the SPA. F. The Submittal provides quality, expertly engineered and designed housing for the City of National City. The unit sizes and unit mix fills responds to a strong demand for this type of housing in National City and elsewhere. This Project will add substantially to the property tax basis for the City of National City. It has taken a great deal of time and effort to investigate this Property and develop this Submittal; I look forward to an expedited review of this Submittal so we can move forward to the approval of the Tentative Map. Please do not hesitate to call me at 619.238.1832, ext. 103 if you have any questions. cc: Daniel Whitaker Larry Sillman Robert Furey NATIONAL CITY PLANNING DEPARYMENT October 26, 2001 HAND DELIVERED Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4301 Re: Bonita Sweetwater Condominium Project City of National City File No. SP-2001-2 Dear Jon: Pursuant to your letter dated September 13, 2001 in response to the Tentative Map Application now identified as File No. SP-2001-2 and specifically Item 2 of the heading "Specific Plan Conformance," I forwarded you the following documents. Site Plan for the "Recreation Center" and equipment list for tot lots. When Bob Furey and I were at your offices on Friday, October 19th, you provided me a copy of your letter dated October 18, 2001. In Section 3 of that letter, you indicated that a recreation building was not provided on the plan. This is correct. There are a number of reasons why this building was not included in the Tentative Map Application, as follows. 1. The recreation building in almost all Condominium projects are greatly underutilized. I have canvassed a number of property management companies to verify this fact and have attached as exhibits copies of letters confirming this fact from the Walters Management Company, one of the largest condominium property managers in San Diego County and Beven & Brock, a large property management firm based out of Pasadena, CA. Instead of having largely unused recreation building, we elected to expand the size of the pool and patio area within the area identified as the "recreation center" on the Tentative Map thus providing larger amenities which have a much higher utilization. P.O. Box 12440 San Diego, CA 92112-3440 Tel. 619.238.1832 Fax 619.531.1783 Mr. Jon Cain City of National City SP-2001-2 October 26, 2001 Page 2 2. Given the rapid escalation of home prices in San Diego County, the Bonita Sweetwater Condominiums will be a quality project that may attract many first time homebuyers. All condominium buyers are concerned about Homeowner Association ("HOA") dues and are very vocal to the HOA and property manager to keep the HOA dues under control. The recreation building, as requested, constitutes a significant cost in HOA dues and has a multitude of expenses including, but not limited to, insurance, water and sewer, electricity and gas, property taxes, cleaning, and repair and maintenance. 3. For first time homebuyers who are interested in Buying one of the Bonita Sweetwater Condominiums, a general rule in the formation of the HOA assessments is that for every $100.00 in HOA dues assessed to the Buyer of a property, it equates to about $13,000.00 to $14,000.00 in reduced buying power or reduced buying opportunity for the homebuyer. Given that the recreation room is used very little, it is an expensive extravagance for these first time homebuyers. I believe the foregoing and the attached exhibits addresses your concerns and supports the conclusion that the recreation building is an unused, needless expense for the homeowners. Please do not hesitate to call me at 619.238.1832, ext. 103 if you have any questions. cc: Daniel Whitaker Robert Furey Larry Sillman Enclosures (2) 4F� THE SALTERS MANAGEMENT•GOMPANY 7erving Community Associations Since 1973 October 25, 2001 Mr. Eric Dye Whitaker Investment Corporation P.O. Box 12440 San Diego, CA 92112-3440 Re: Homeowners Associations Dear Mr. Dye: Thank you for your inquiry about Walters Management Company providing management services for your proposed Homeowners Association ("HOA") for the Bonita Sweetwater Condominium Project. Walters Management Company currently manages over 80 different associations throughout San Diego County. We have been in business since 1973 and are very familiar with the management of condominium associations. We discussed a number of issues regarding the formation of the HOA including the most important — retaining an experienced legal counsel who specializes in this field. Additionally, you asked me to give you some insight on what HOA's deem to be important in terms of amenities to any given Project. Over the years, my experience has taught me that condominium associations strive to maintain reasonable assessment fees. Since condominium associations are usually responsible for items such as insurance, common area landscaping, building maintenance and all other infrastructure of the Association, it is always challenging to find a balance between reasonable assessments and quality maintenance of the property. For a development such as Bonita Sweetwater Condominiums, I would strongly recommend against the establishment of a recreation room. Recreation Rooms are best suited for large condominium associations (over 500 units) that can also accommodate onsite staff. Without those components, recreation rooms are under utilized — basically, recreation rooms end up closed — if left open, they are usually vandalized, interior components are abused and the Association is burdened with unbudgeted expenses for repair. Should you have any further questions regarding our company, I would direct you to our website address — www.twmc.com. I hope that the Walters Management Company will be considered. when you are deciding which company shall assist you in the formation of the HOA for your project. San Diego Office 2251 San Diego Avenue • Suite A-250 San Diego, CA 92110-2970 (619) 296-6225 • FAX: (619) 295-9027 Sincerel Melind Senior Young, PCAM®, CCAM® ement Consultant Temecula Office 27349 Jefferson Avenue • Suite 208 Temecula, CA 92590-5628 (909) 296-1588 • FAX: (909) 296-1590 BEVEN & BROCK PROPERTY MANAGEMENT COMPANY 10/22/01 TO: Whitaker Investment Corp. P.O. Box 12440 San Diego, CA 92112-3440 ATTN: Eric Dye Dear Mr. Dye: In response to your question about "Rec Rooms" or "Meeting Rooms" in condominium complexes, we have one significant impression. That is, regardless of the equipment supplied, they are typically underutilized. As "Rec Rooms", they are in competition with an assortment of gyms and clubs that can offer so much more, both in equipment and services. As "Meeting Rooms", they are rarely used more than once each month, for board meetings. This translates as an asset, owned by the homeowners, which must be maintained by the homeowners, at their expense, so long as it exists. It is our experience that most homeowners, when advised of the annual cost of this "amenity", would opt to not have it. We would expect that it would be a rare buyer who would be concerned whether a complex had a "Rec Room" or "Meeting Room" when making the decision whether to make a particular complex his or her home. C. Finley Beven, CPM (626) 795-3282, ext. 111 P.O. Box 7029 Pasadena, CA 91109-7029 - Mailing Address 77 N. Oak Knoll Pasadena, CA 91101 - Office Address (626) 795-3282 • FAX (626) 795-1331 NA fOT-TAT, C c len r e s A T 0 N October 15, 2001 HAND DELIVERED Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4301 Re: Bonita Sweetwater Condominium Project City of National City File No. SP-2001-2 Dear Jon: Pursuant to your request for information pertaining to the two (2) lots ("Lots") on the knoll of the west side of the property as shown on the revised Tentative Map Application ("TMA") now identified as File No. SP-2001-2, please review the following information. PREEXISTING CONDITIONS The area in and about the knoll area now designated as the Lots have previously had structures on them, as disclosed by the current owners. On the southerly side of the knoll, there was a small single family, one (1) story home which was removed by the current owners sometime in 1979, however, the concrete slab foundation structure still remains. In addition, there was a two (2) story, single family home, as evidenced by existing stem walls on the northerly side of the knoll, and this home was also removed sometime in 1979. The current property owners disclosed that there are abandoned septic tanks adjacent to these foundations. The foundations are shown the recent ALTA survey prepared by San Diego Land Surveying (a copy of the knoll area from the ALTA survey is attached as Exhibit "1") and is further evidenced by the pictures of the knoll and the foundations in Exhibit "2". The structures on Putter Drive comprise a mix of one story and two story single-family residences of varying condition. The residence on Parcel Number 570-320-06 is a single- family residence with two (2) outbuildings located on the south side of the residence. ACCESS From Sweetwater Road, the Lots are accessed from Putter Drive per Exhibit "3" which shows the location of Putter Drive and the location of the Lots. Plat map identified as P.O. Box 12440 San Diego, CA 92112-3440 Tel. 619.238.1832 Fax 619.531.1783 Mr. Jon Cain, Associate Planner File No. SP-2001-2 October 15, 2001 Page 2 Exhibit "4" shows where the lots are in proximity to other lots on Putter Drive. All the parcels which border Putter Drive are in the County of San Diego; the subject Lots are in the City of National City. There is an easement on the west side of Parcel Number 570- 320-04 on Putter Drive which runs in a northerly direction from Putter Drive and which provides access to the Lots and Parcel Number 570-320-06 which is in the County of San Diego. The easement for the Lots and Parcel Number 570-320-06 is described in the title information in Exhibit "5" which provides for access, egress and utilities to the Lots and Parcel Number 570-320-06. The owner of Parcel Number 570-320-06 has utilized this easement to gain access to his residence, which, according to title records, was constructed in 1965. UTILITIES Sewer — All the parcels on Putter Drive, with the exception of Parcel Number 570-320- 06, are on sewer as provided by the Spring Valley Sanitation District which is administered by the County of San Diego. The owner of Parcel Number 570-320-06 attempted to have his property connected to the Spring Valley Sanitation District and the County of San Diego suggested to this property owner that he apply to the City of National City ("City") for connection to the City's sewer system, (please see Exhibit "6"). It is uncertain as to what transpired after this letter was drafted but it appears that, in order to gain access to the City's sewer system, this property owner would have to obtain easements across a number of parcels in the City to gain access to the sewer system in Sweetwater Road. The difficulty and cost associated with obtaining easements more than likely disinclined this property owner to proceed with this annexation. The TMA has programmed the Lots to be attached to the sewer system in the condominium project and, as such and with the City's approval, it is entirely feasible to accommodate the desire of owner of Parcel Number 570-320-06 to annex to the City sewer system via the Lots as designated on the revised TMA. Electrical — San Diego Gas & Electric has responded in a letter dated August 20, 2001, further identified as Exhibit "7", that there is sufficient electrical service in the area to power the condominium project and the Lots. According to Maury Tasem of San Diego Gas & Electric, there is a 12 KVA line which runs south from Sweetwater Road to the Lots as shown in Exhibit "8". Alternately, there is additional service on Putter Drive which could provide service via the easement referenced in Exhibit "5". It would be at the discretion of San Diego Gas & Electric as to which electrical utility source would service the Lots. Mr. Jon Cain, Associate Planner File No. SP-2001-2 October 15, 2001 Page 3 Water — According to Jason Mettler of the Sweetwater Authority, there is an existing six-inch (6") water main in Putter Drive which services the parcels on Putter Drive, including Parcel Number 570-320-06, via the aforementioned easement. Jason Mettler has indicated that there is sufficient service from this water main in Putter Drive to service the Lots. Alternately, the revised TMA has water service to the Lots from the Project. It would be at the discretion of the Sweetwater Authority as to which water source would service the Lots. JUSTIFICATION FOR THESE LOTS The previous section verified the pre-existing single-family homes on the site, access to the site, and the utilities available to the site. The Specific Plan Amendment ("SPA"), further identified as City of National City Resolution No. 16,316, has an exhibit identified as Exhibit `B" to case File No. SP-1-88 dated 7/5/90 attached to it. Exhibit "B" is a preliminary grading study which shows almost all the site being developed with the area known as the "knoll" on the west side of the property being identified as a "greenbelt". This greenbelt area on the "knoll" was inserted into the plan due to (i) insufficient access and egress from the main body of the project to the top of the knoll which prevented condominium units being developed on top of the "knoll" and (ii) the requirement of the SPA to provide greenbelt areas in the project. The underlying zoning on the property is currently RM-1 which permits 22.9 units per acre. The subsequent SPA provided an overlay zoning of RM-I-PUD which provided for a maximum of 175 units per acre. The present TMA allocates a total of 166 units (164 condominium units and two (2) single family residences, all of which conform to the RM-1-PUD zoning). This represents a net reduction of 9 units. The present TMA has approximately 8.8 acres dedicated to re -vegetated creek area, natural green space ("greenbelt"), and landscaped areas which represents approximately 58% of the entire site. Whereas Exhibit `B" is not scaled, the rough takeoff of Exhibit "B" indicates that approximately 7.2 acres of the site on that plan are similarly dedicated. The location of the buildings in Exhibit "B" denotes the complete eradication of the biologically sensitive areas within the site including all of the natural drainage area plus major encroachment into the "knoll" area. The TMA completely avoids these areas and preserves them as an amenity to the Project. The buildings in the TMA do not encroach into the slopes of the "knoll" as do the buildings in Exhibit "B". Aside from the level area on top of the knoll where the previous houses were located as evidenced by their respective foundations currently on the site, the TMA leaves the contours of the slopes of the knoll relatively intact and Mr. Jon Cain File No. SP-2001-02 October 15, 2001 Page 4 undisturbed. This provides a natural break and provides a good balance of single-family homes on the higher elevations and condominium units on the lower elevations. The two (2) single-family lots and residences to be located on the top of the "knoll" would be in character and be consistent with the other single-family homes on Putter Drive. SUMMARY In summary, the City should grant the formation of these Lots under the revised Tentative Map Application for the following reasons. 1. The easement as described in Exhibit "5" is an active easement providing access and egress, water, telephone and electrical and gas service to the existing single family residence located at 3520 Putter Drive which is further identified as Parcel Number 570- 320-06. Per the records, this active easement was created to service Parcel Numbers 570-320-07 and 570-320-08 which contain the Lots as described in the revised Tentative Map Application. 2. As a preexisting condition, the Lots previously had what has been reported as two (2) residential structures on them as evidenced by the foundations on the site revealed by the ALTA survey, the photographs in Exhibit "2", and the disclosure by the current property owners of the existence of abandoned septic tanks on the site. 3. The traffic impacts to be Putter Drive by the addition of two (2) single family residences on the Lots will be negligible as substantiated in a Traffic Study by Urban Systems Associates to follow this submittal. 4. The lots brings balance to the site by having single family residences on the higher elevations and condominium units on the lower elevations and leaving the slopes of the "knoll" largely undisturbed as a greenbelt and visual buffer between the Project and Plaza Bonita to the west. Please do not hesitate to call me at 619.238.1832, ext. 103 if you have any questions. Eric Dye Enclosures (8) WHITAKER INVEST_ E\T COR P 0 R A T ION January 11, 2002 SENT VIA U.S. MAIL Commissioner Vincent Reynolds Planning Commission c/o Planning Department, City of National City 1243 National City Boulevard National City, CA 91950 Re: Bonita Sweetwater Condominiums Case File No. S-2001-2 Dear Commissioner Reynolds: Thank you again for the opportunity to present our project before you and the other Commissioners at the Planning Commission meeting on January 7`h. Again, the project is designed to provide quality, for -sale housing which is desperately needed in the City of National City. From the date we first discussed this project with the Planning Department, the Planning Department has mandated that this project be a for -sale housing project and would not process nor accept a for -rent housing project. The City Council has made it abundantly clear that the City of National City has more than its fair share of rental housing and has made a commitment to homeownership. You described a condominium project which I believe is called Bonita Valley Apartments and which is located on the north side of Valley Road and east of Plaza Bonita Center Way in the City of National City. If I listened correctly, you indicated that the project was built in its entirety at one time, the developer got into trouble, could not sell the units, and had to convert the condominiums to rentals. You expressed a concern that this could happen to our project and that is why you voted against our project. From what I have been able to glean from the Planning Department, the owner/developer of the Bonita Valley Apartments had told the Planning Department and the Planning Commission from the outset that he was building for -rent housing and not for -sale housing. P.O. Box 12440 San Diego, CA 92112-3440 Tel. 619.238.1832 Fax 619.531.1783 Commissioner Vincent Reynolds Bonita Sweetwater Condominiums — Case File No. S-2001-2 January 11, 2002 Page 2 For comparison, there is a project on the corner of Plaza Bonita Center Way and Sweetwater Road called Bella Bonita. This project, whereas not a townhome project like ours, is a single lot development with detached homes under a condominium map. These homes were sold and not rented. The for -sale Bella Bonita project would be in character to our for -sale project. There are certain market dynamics which will preclude us (the applicant) from developing a for -rent project based on the plan as approved by the Planning Commission. First, the project is going to be constructed in phases. Due the debacle in the real estate industry in the early 1990's, construction lenders are very conservative and require developers to build their project in phases to prevent large-scale defaults on projects if the economy sours. Due to economies of scale, this phased development demanded by lenders drives up construction costs and forces the developer to build for -sale product. Second, assume that the units average $225,000.00 and we compare the economics of a rental unit vs. a for -sale unit. On a rental basis, owner/landlord would probably have to put down 20% and finance 80% of the purchase price, which is equivalent to about $180,000.00. Based on current lending rates, a lender could make a loan at 7.5% with a 30-year amortization which would result in a monthly payment of about $1,260.00. In addition to this expense, would be the owner' property taxes, Home Owners Association dues, insurance, maintenance, reserves for replacement or carpet and repairs when a tenant vacates, which could drive up the carry cost of this sample unit to about $1,813.00 per month (see Exhibit "A"). Again, this represents the "carry" or breakeven cost and does not allow any profit for the owner/landlord. I conducted a very preliminary survey of apartment complexes on Bonita Road indicates that the rentals for two (2) bedroom, 2 bath units range for a low of $995.00 per month to a high of about $1,190.00 per month. By this comparison, the developer/landlord would be "feeding" this rental by about $600.00 per month if we assume the higher comparable rent. There is no way we can prevent an individual buyer of one of our condominium units, as much as it does not make economic sense, from renting out the unit that buyer has purchased from us. The U.S. Constitution and various State laws protect the owner's rights to rent, sell, convey or encumber property. The foregoing analysis should convince you that, given (i) the quality of the project, (ii) the reduced number of units on this site, (iii) the expense to preserve the wetlands and other biologically sensitive areas, (iv) the expense to expand Sweetwater Road and under ground the utilities, and (v) the expense to install the "missing link" of the storm drain system along Sweetwater Road as described by Jon Cain, a developer would be committing financial suicide to try to rent this project. Commissioner Vincent Reynolds Bonita Sweetwater Condominiums — Case File No. S-2001-2 January 11, 2002 Page 3 I hope the foregoing has answered your concerns. Please do not hesitate to call me at 619.238.1832, ext.103 if you have any questions or wish to discuss this matter in greater detail. Sinc Eric Dye cc: Commissioner George Baca Commissioner Ron Detzer Commissioner Delores Flores Commissioner Frank Parra Commissioner Fideles Ungab Commissioner Robert Valderama Roger Post Jon Cain Daniel Whitaker EXHIBIT "A" TO LETTER DATED JANUARY 9, 2002 TO COMMISSIONER VINCENT REYNOLDS "ESTIMATED EXPENSES" Monthly Debt Service (1) $1,260.00 Monthly Home Owners Association (2) $ 225.00 Monthly Insurance (3) $ 50.00 Monthly Maintenance $ 50.00 Monthly Property Taxes (4) $ 198.00 Monthly Reserves for Replacement (5) $ 30.00 Monthly Total $1,813.00 (1) Loan of $180,000.00 at 7.5% interest amortized over 30 years (2) Home Owners Association includes common area maintenance, landscaping, insurance, reserves for repairs, etc. — does not include earthquake insurance (3) Insurance for fixtures, furnishings and equipment of the property owner (4) Tax value of $225,000.00 at a tax rate equal to 1.05448% (3) Reserves for carpet replacement which is estimated to be about $1,800.00 for mid to good quality carpet — Five (5) year reserve cycle VIRGIL THURMAN NATIONAL CITY COUNCIL MEETING FEBRUARY 5, 2002 WHITAKER CONDO PROJECT 164 CONDOS - 2 SINGLE FAMILY LOTS SUBJECTS TO BE PRESEN 1'F,D CONDO PROJECT REQUEST FOR REMOVAL OF PUTTER DRIVE ACCESS HISTORY AND INTENT OF DRIVEWAY EASEMENT PLUSES/MINUSES FOR 2 SINGLE LOTS WITH PUTTER DRIVE ACCESS ACHIEVING A COMMON GOAL ATTACHMENTS: • CUL D SAC NEIGHBORS SIGNED PETITION • PICTURE 4 - THE OLD ROAD TO PARCEL 2 • PICTURES 1, 2 AND 3 THE ACCESS DRIVEWAY EASEMENT January 29, 2002 City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4397 Attention: Mr. John Cain Reference: No. S-2001-2 Whitaker Investment Corporation Bonita Sweetwater Condo Project Dear Mr. Cain, We the undersigned, as residents of Putter Drive, Bonita, California hereby declare our objection to the use of an existing driveway easement located in the cul-d-sac area of Putter Drive in Bonita, California as an access street for two proposed single-family dwellings as part of the above referenced project. We are concerned the additional traffic at the driveway easement would cm' possible problems for cars and playing children. Parking in this area is currently very limited. In addition, postal delivery and trash pick- up among other services would become problematic. ‘ifi--texea; ia,..0614( /.90. k&._. Respectfully submitted, 41-<- ‘?5:2 `,-t k.74 -?6/. ()Li— (1,4easece4 114, ftp ;.?tsN'S PA Tie( -•• • , ft, 4--%- 61,R; 3 502o icr4.(,siwas.c4\5\<y '-)L-frton • 2 fig° PettaveD GIME 14 ego- PARens itz ON If eM AIMS'S tMEffT- DAWCiaisaY Aeons PUTTIgt Dew CUIrbsait jjsEHr-DittYEiay Ace FUs puTrEg Dit • tuklu 1c ADJACENT PROPERTY OWNER CONCERNS Concern: There is inadequate parking in the Putter Drive cul-de-sac to accommodate the addition of the two (2) single family lots which will be accessed by the easement off of the Putter Drive cul-de-sac. Solution: The applicant envisioned the two (2) single-family homes to be designed with a two (2) car garage and a driveway. The applicant will agree to design each single family home with a two (2) car garage and an additional parking area next to the garage which will accommodate another car. The total of five (5) potential parking spots may be available for each home - two (2) parking spots in the garage, one (1) parking spot adjacent to the garage and additional two (2) potential parking spots on the driveway. Concern: The residents on Crela Street have expressed concerns about separation of the properties for security and the potential visual impacts from this fence. Solution: The current National City Design Guidelines Manual permits a variety of fencing. The applicant will agree to install tubular steel wrought iron "view" fencing with pilasters along the property line. At the direction and approval of the Planning Depat tinent, the applicant will further agree to reduce the trees at the top of the slope and plant them toward the lower elevations of the slope to minimize the impact to the property owners' views. Concern: Mr. Virgil Thurman who lives at 3526 Putter Drive has expressed a concern about the potential increase of noise generated by the cars which may originate from the two single family home lots. Solution: The applicant has met a number of times with Mr. Thurman and, as an outcome of these meetings, is prepared to grant Mr. Thurman a budget not to exceed $1,500.00 to install a fence along the easement and/or to install dual glazed windows in his bedroom. Concern: Ms. Candace Stahl at 3520 Putter Drive has expressed a concern about access to her garage off the easement, as her access from the easement west onto her property is limited to twenty (20) feet. The existing area used for access is approximately thirty (30) feet and Ms. Stahl would like to keep this sized access to her property from the easement. Additionally, Ms. Stahl had expressed concern that her dogs, which she breeds at her house, would bark due to the traffic she anticipates from the construction and occupation of the two (2) homes under the Tentative Map. Solution: The applicant will agree to provide approximately ten (10) feet of additional access in addition to the existing twenty (20) feet for a total of thirty (30) feet of access along the southerly portion of the west property line of Parcel No. 570-320-07. The applicant will agree to install a wood "neighbor" fence from the northerly terminus of the expanded access to the northeast corner of Ms. Stahl's property to comply with current City of National City codes. The applicant has no control over Ms. Stahl's dogs and any noise issues generated by these dogs are subject to and governed by San Diego County Noise Control ordinances as administered by the San Diego County Office of Noise Control. Ms. Stahl has expressed a preference for a concrete block wall in lieu of a wood "neighbor" fence. As an alternative, the applicant will provide Ms. Stahl an allowance equal to the cost of the wood "neighbor" fence and Ms. Stahl, at Ms. Stahl's sole cost and expense, shall contract with a contractor to install this block wall on her property. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. 2 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Mission Valley Pipe & Supply, and authorizing award of bid #GS0102-1 for Plumbing Fixtures. PREPARED BY ,DDEPARTMENT Brenda F. Hodge�'(J`^' Purchasing EXPLANATION A Request for Bid was issued for miscellaneous plumbing fixtures (drinking fountains, water coolers, toilets, water heaters, faucets and lavatories), for the Facilities Maintenance division of Public Works. Bids were mailed to eleven (11) vendors, netting seven responses, one of which was a 'no bid'. Bids were opened and read publicly on January 8, 2002, with no vendors present for the opening. The lowest responsive, responsible bid was from Mission Valley Pipe & Supply, in the total of $31,210.49. CEnvironmental Review X N/A Financial Statement Funds are available in the FY0102 budget. Approved By: F'n15 Director 304-409-500-598;'401015,605.24 304-409-500-598-4011 $15,605.25 Account No. STAFF RECOENDATION In concurrence with the Facilities Mai enance Supervisor, the Purchasing Agent recommends that the award be ma'- to Mission Valley Pipe & Supply, and that authority be given to Purcha. ng Agent to issue resulting purchas orders. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Bid Abstract Resolution n/a Resolution No. 2002-11 A-200 (9.99) RESOLUTION NO. 2002 —11 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING MISSION VALLEY PIPE & SUPPLY THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR MISCELLANEOUS PLUMBING FIXTURES WHEREAS, in open session on January 8, 2002, the Purchasing Agent of the City of National City publicly opened, examined and declared all sealed proposals or bids for miscellaneous plumbing fixtures for the Facilities Maintenance division of Public Works. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rejects all said bids except that herein mentioned, and hereby awards the contract for miscellaneous plumbing fixtures to the lowest responsive, responsible bidder, to wit: MISSION VALLEY PIPE & SUPPLY BE IT FURTHER RESOLVED by the City Council of the City of National City, that the Purchasing Agent is hereby authorized to issue on behalf of the City, a Purchase Order between Mission Valley Pipe & Supply and the City of National City for miscellaneous plumbing fixtures. PASSED and ADOPTED this 5th day of February, 2002. George H. Waters, Mayor AITEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID ABSTRACT/ANALYSIS 1/9/2002 (A) (B) (C) (D) (E) 1% LOCAL TOTAL TAX PAYMENT 7.75% TOTAL NET COST ADJUST. TERMS TAX BID TO CITY BIDDER: SUBTOTAL (B*.01) (B-%) (B*.0775) (B+E) (B-C-D+E) Mission Valley Pipe $28,965.65 $0.00 $579.31 $2,244.84 $31,210.49 $30,631.17 San Diego 2% 30 Westburne Supply $30,541.50 $0.00 $610.83 $2,366.97 $32,908.47 $32,297.64 El Cajon 2% 20 Valley Industrial $31,387.72 $0.00 $0.00 $2,432.55 $33,820.27 $33,820.27 Chula Vista Net 30 Ferguson Enterprises $32,683.84 $0.00 $0.00 $2,533.00 $35,216.84 $35,216.84 San Diego Net 10th Standard Plumbing $36,580.59 $0.00 $731.61 $2,835.00 $39,415.59 $38,683.97 San Diego 2% 30 San Diego Hardware $45,233.14 $0.00 $0.00 $3,505.57 $48,738.71 $48,738.71 San Diego Net 30 Cooper's Plumbing No Bid C&D Industrial No Response National City El Cajon Plumbing No Response El Cajon Specification Sales No Response Walnut, CA RV & Associates No Response Benicia, CA City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. 3 ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Adamson Industries, and authorizing award of bid #GS0102-4 for Police Ballistic Helmets. PREPARED BY ✓/J DEPARTMENT Brenda E. Purchasing EXPLANATION Request for Bids were issued for Police Tactical Ballistic Helmets and Visors. Bids were mailed to 9 vendors, netting five (5) responses. Bids were opened and read publicly on January 14, 2002 with no vendors present for the opening. The bid specified 'Gentex' brand or equal. The low bidder submitted a bid for 'Second Chance' brand. Pdlice department reviewed the specifica- tions, and has determined that +he'Second Chance' brand is an acceptable 'equal'. The award to Adamson Industries will be in the total amount of $17,899.03 including tax and delivery. Environmental Review X N/A Financial Statement FY0102 funds are available. Approved By: Fina c Direct 233-411-000 8,4000 t,. Account No. STAFF RECOMMENDATION In concurrence with the Captain of Police Administration, the Purchasing Agent recommends that the award be made as recommended, and that authorit be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed, Below ) Bid Abstract Resolution 6-9 Resolution No. 2002-12 A-200 (9'99) RESOLUTION NO. 2002 —12 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ADAMSON INDUSTRIES THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR POLICE TACTICAL BALLISTIC HELMETS AND VISORS WHEREAS, in open session on January 14, 2002, the Purchasing Agent of the City of National City publicly opened, examined and declared all sealed proposals or bids for Police Tactical Ballistic Helmets and Visors. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rejects all said bids except that herein mentioned, and hereby awards the contract for Police Tactical Ballistic Helmets and Visors to the lowest responsive, responsible bidder, to wit: ADAMSON INDUSTRIES BE IT FURTHER RESOLVED by the City Council of the City of National City, that the Purchasing Agent is hereby authorized to issue on behalf of the City, a Purchase Order between Adamson Industries and the City of National City for Police Tactical Ballistic Helmets and Visors. PASSED and ADOP 1I:U this 5th day of February, 2002. Af1'IST: Michael Dalla, City Clerk APPROVED AS TO FORM: George IL Eiser, III City Attorney George H. Waters, Mayor BID ABSTRACT/ANALYSIS 1/10/2002 **************************BIDDERS**************************** LC Action SD Police Discount Chula Vista John Adamson Equipment Gun Mart Gun Store Jensen Industries Qtv San Jose Ext San Diego Ext San Diego Chula Vista Bonita Costa Mesa Item #1 13 $895.00 $11,635.00 NO BID $931.47 NO BID NO BID NO BID Item #2 13 $278.77 $3,624.01 $288.20 $3,746.60 $308.17 $435.00 NO BID " Item #6 13 $26.06 $338.78 $24.72 $321.36 $27.57 $39.96 NO BID " Item #7 13 $64.54 $839.02 $61.55 $800.15 $69.00 $76.71 NO BID " Item #8 13 $35.84 $465.92 $33.78 $439.14 $37.92 $43.71 NO BID " Terms Net 30 Net 30 Net 30 Net 30 Net 30 Avail. 3 mo 1-2 mo 3 mo 2 mo 1 wk (*): Low bid on item #4. Admin costs to issue separate PO exceed savings of $45.85. Award to second low bidder instead (**): Item # 5 is included with Item #1 according to manufacturer. No need to buy separately. LC Action SDPE (Item 1-2) Item 3-4 & 6-7) PROPOSED Subtotal $15,259.01 $6,039.15 AWARD 7.75% Tax $1,182.57 $468.03 Total $16,441.58 + $6,507.18 = $22,948.77 OTHER VENDORS ON MAILING LIST Vendor City Status Trijicon Wixom, MI No Response El Cajon Gun Exchange El Cajon No Response Gun Shack Santee No Response Botach Tactical El Cajon No Response Fabert's San Diego No Response Surefire Fountain Va ley No Response Krasne's Gun Shop San Diego No Response Southern CA Gun San Diego No Response Weisser's Sporting Goods National City Out of business Hussey Gunsmithing El Cajon Undeliverable, Returned Shooter's Emporium Escondido Undeliverable, Returned Lakeside Armory Lakeside Undeliverable, Returned Mission Armory San Diego Undeliverable, Returned Poway Gun Works Poway Undeliverable, Returned Missionary Armory San Diego Undeliverable, Returned The Gun Room Poway Undeliverable, Returned Gun Nut El Cajon Undeliverable, Returned Safari Sports Lemon Grove Undeliverable, Returned . All State Police Equipment Claremont Re'cd late, returned unopened City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. ITEM TITLE Resolution accepting the lowest responsive, responsible bids from LC Action and San Diego Police Equipment, and authorizing award of bid #GS0102-2 for Police SWAT equipment. PREPARED BYBrenda E. Hodge EPARTMENT Purchasing EXPLANATION Request for Bids were issued for various pieces of Police SWAT equipment. Bids were mailed to 25 vendors, netting (6) responses, Bids were opened and read publicly on December 10, 2001 with no vendors present for the opening. Not all vendors provided bids on all items. Therefore it is necessary, and more cost effective to split the award between two vendors, as allowed by the 'Terms and Conditions' section of the bid. The award was made on a per item basis. Recommended awards: LC Action (items 1 & 2) SD Police Equipment (items 3-4, 6-7) $16,441.58 including tax & del $6,507.18 " $22,948.77 Environmental Review X N/A Financial Statement LLEBG (local law enforcement block grant) funds are available. Approved By: Finance Director 233-411-000-51 -0000 Account No. STAFF RECOMMENDATION That the award be made as recommended above, and that authority be given to the Purchasing Agent to issue resulting purchase orders. BOARD ! COMMISSION RECOMMENDATION n/a CS ATTACHMENTS ( Listed'Below ) Bid Abstract Resolution Resolution No. 2002-13 ye A-200 (9. 99) RESOLUTION NO. 2002 —13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING LC ACTION AND SAN DIEGO POLICE EQUIPMENT THE LOWEST RESPONSIVE BIDDERS AND AUTHORIZING THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR POLICE SWAT EQUIPMENT WHEREAS, in open session on December 10 2001, the Purchasing Agent of the City of National City publicly opened, examined and declared all sealed proposals or bids for Police Swat Equipment; and WHEREAS, since vendors did not provide bids on all items, it is necessary and more cost effective to split the award between two vendors, as allowed by the Terms and Conditions section of the bid. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby rejects all said bids except those herein mentioned, and hereby awards the contracts for Police Swat Equipment to the lowest responsive, responsible bidders, to wit: LC ACTION and SAN DIEGO POLICE EQUIPMENT BE IT FURTHER RESOLVED by the City Council of the City of National City, that the Purchasing Agent is hereby authorized to issue on behalf of the City, Purchase Orders between LC Action and the City of National City and San Diego Police Equipment and the City of National City for Police Swat Equipment. PASSED and ADOPTED this 5'h day of February, 2002. AI I EST: Michael Dalla, City Clerk APPROVED AS TO FORM: /r3 air George H. Eiser, III City Attorney George H. Waters, Mayor BID ABSTRACT/ANALYSIS 1/16/2002 (A) (B) (C) (D) (E) 1% LOCAL TOTAL TAX PAYMENT 7.75% NET COST ADJUST. TERMS TAX TO CITY BIDDER: SUBTOTAL (B*.01) (B-%) (B*.0775) (B-C-D+E) DELIVERY Adamson Industries $16,611.63 $0.00 $0.00 $1,287.40 $17,899.03 15-30 days Costa Mesa Net 30 Nord Atlantic $19,927.20 $0.00 $0.00 $1,544.36 $21,471.56 120 days Miami, FL Net 30 AETCO $20,710.00 $0.00 $0.00 $1,605.03 $22,315.03 30-40 days San Dimas Net 30 Gall's $25,126.55 $0.00 $0.00 $1,947.31 $27,073.86 10-90 days Lexington, KY Net 30 Might Suits $28,747.00 $0.00 $0.00 $2,227.89 $30,974.89 90-100 days El Cajon Net 30 Gentex No Response Carbondale, PA SD Police Equipment No Response San Diego Associated Industries No Response No. Hollywood Ryansson, Inc. No Response Chino MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 5, 2002 AGENDA ITEM NO. 5 7-ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER ONE ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE J. LOUIS CAMACHO RECREATION CENTER REHABILITATION PROJECT, SPECIFICATION NO. 00-11 PREPARED BY DEPARTMENT Michael Long Public Works/Engineering EXPLANATION On September 4, 2001, by Resolution No. 2001-137, the City Council awarded a contract in the amount of $47,748.00 to Randall Construction for the J. Louis Camacho. Recreation Center Rehabilitation Project, Specification No. 00-11. The award was for the base bid items only. Additive bid items totaling $8,559.00 were to be performed as funding allowed. Change Order Number One was written to incorporate additive bid items A through D into the contract. Change Order Number One increased the contract award by $8,559.00 to a new contract amount of $56,307.00. See attached change order for additional details. On December 4, 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 for this project is $56,307.00 CEnvironmental Review X N/A Financial Statement Approved By: finance Director The final construction cost is $56,307.00. This amount is within a estimated budget for this project. Funding is available through Account Numbers 001-409-500-598-1548 and 3Rgc-t5IR08-1548. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Contract Final Balance Notice of Completion Contract Change Order No. 1 Resolution No. 2002-14 A-200 (9r99) as follows: RESOLUTION NO. 2002 — 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE J. LOUIS CAMACHO RECREATION CENTER REHABILITATION PROJECT (Engineering Spec. No. 00-11) BE IT RESOLVED by the City Council of the City of National City, California, It appearing to the satisfaction of the Engineering Department that all work required to be done by RANDALL CONSTRUCTION, Engineering Department Specification No. 00-11, for the J. Louis Camacho Rehabilitation Center 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. BE IT FURTHER RESOLVED that Change Order Number 1 is hereby approved. PASSED and ADOP 11;1) this 5th day of February, 2002. George H. Waters, Mayor AI' EST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCE J. Louis Camacho Recreation Center Rehabilitation Project Specification No. 00-11 Final Inspection: 12/04/01 Date: 1/24/02 Original Contract Change Order No. 1 Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 2,350.00 1 $ 2,350.00 0 $ - 1 $ 2,350.00 2 Sand Blast, Prime, and Paint Concrete Gymnasium Walls LS $ 29,806.00 1 $ 29,806.00 0 $ - 1 $ 29,806.00 3 Paint Interior LS $ 3,660.00 1 $ 3,660.00 0 $ - 1 $ 3,660.00 4 Replace T-Bar 2X4 Panels LS $ 952.00 1 $ 952.00 0 $ - 1 $ 952.00 5 Elastomeric Coating LS $ 10,980.00 1 $ 10,980.00 0 $ - 1 $ 10,980.00 Base Bid Total $ - 0 $ - A Replace Flooring LS $ 3,628.00 0 $ - 1 $ 3,628.00 1 $ 3,628.00 B Replace Window Cells LS $ 2,550.00 0 $ - 1 $ 2,550.00 1 $ 2,550.00 C Lighting in Restrooms EA $ 336.00 0 $ - 4 $ 1,344.00 4 $ 1,344.00 D Exterior Lighting EA $ 1,037.00 0 $ - 1 $ 1,037.00 1 $ 1,037.00 Page 1 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 December 4, 2001, of the J. LOUIS CAMACHO RECREATION CENTER REHABILITATION PROJECT, SPECIFICATION NO. 00-11 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 1810 E. 22nd Street, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City 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 RAND Al I CONSTRUCTION Name of Original Contractor The following work and material were supplied: Flooring, interior paint, ceiling tiles, exterior coating, sandblasting, ighting General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2002; 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 , 2002, at , California. Signature: GEORGE H. 'WATERS, MAYOR FORMSMOCUU-F/ CONTRACT CHANGE ORDER NO. 1 DATE: 1/24/02 ORIGINAL. PROJECT: J. Louis Camacho Recreation Center Rehabilitation Project, Specification No. 00-11 TO: Mr. Gary Randall Randall Construction 3658 Ruffin Road Suite F San Diego, CA 92123 DESCRIPTION OF CHANGE: This change order is written to increase the contract amount in order to allow Additive Bid Items A, B, C, and D to be performed. The following table shows the quantity adjustments. Original Contract Change Order No. 1 Final Contract Item Description Unit Unit Cost Qty Amount Qty Amount Qty Amount Mobilization LS $ 2,350.00 1 $ 2,350.00 0 $ C 1 $ 2,350.00 Sand Blast, Prime, and Paint Concrete Gymnasium Walls LS $ 29,806.00 1 $ 29,806.00 0 $ C 1 $ 29,806.00 Paint Interior LS $ 3,660.00 1 $ 3,660.00 0 $ C 1 $ 3,660.00 Replace T-Bar 2X4 Panels LS $ 952.00 1 $ 952.00 0 $ C 1 $ 952.00 lastomeric Coating LS $ 10,980.00 1 $ 10,980.00 0 $ C 1 $ 10,980.00 Base Bid Total $ 47,748.00 Replace Flooring LS $ 3,628.00 0 $ C 1 $ 3,628.00 1 $ 3,628.00 Replace Window Cells LS $ 2,550.00 0 $ C 1 $ 2,550.00 1 $ 2,550.00 Lighting in Restrooms EA $ 336.00 0 $ C 4 $ 1,344.00 4 $ 1,344.00 Exterior Lighting EA $ 1,037.00 0 $ C 1 $ 1,037.00 1 $ 1,037.00 $ 47,748.00 $ 8,559.00 $ 56,307.00 DISCUSSION: Additive Bid Items A, B, C, and D were included in the contract bid proposal to be awarded as funding allowed. On October 30, 2001 it was determined that the necessary funding was available and Staff requested that Randall Construction perform the Additive Bid Items A, B, C, and D. 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 $8,559.00 from the current contract price of $47,748.00 to a new contract price of $56,307.00. 2. The contract tine is unchanged. The contract completion date was previously established as Tuesday, November 27, 2001. Page 1 CONTRACT CHANGE ORDER NO. 1 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. Randall Construction 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. RECOMMENDED FOR APPROVAL BY: Michael ,Y Long, BLssoc to Crvil g'neer -0/0 id on Myers, Director o Public Works/Engineering City of National City Resolution Number t/24/0 Z.— Date D a/340 Date Page 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. (ITEM TITLE RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 23\ ON 8TH STREET FROM I-5 TO NATIONAL CITY BOULEVARD, AND ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION On January 22, 2002 the City Council held a public hearing and determined that the public safety, health, and welfare requires the formation of an underground utility district on 8th Street from I-5 to National City Boulevard, and Roosevelt Avenue from 8th Street to Plaza Boulevard. Once the Utility District has been formed, and a tentative construction date has been established, the City Council by a subsequent resolution will set the time within which the property owners must be ready to receive services, and the utility companies must remove the overhead services. The purpose of this resolution is to establish the district No. 23 Environmental Review x N/A Co., Financial Statement Funds are available from the S�tie90 as � ctric pprovane y. Fin nce allocated funds for undergrounding. �/f�. 1 Account No. STAFF RECOMMENDATION11 1. Adopt the Res • uti• 2. Direct the City Clerk to certify and to record the Resolution in the office of the County Recorder. 3. Direct the City Clerk to notify, within 15 cc)ys after the effective date of the Resolution, all affected Utility Companies and persons of the provisions of BOARD /COMMISSION RECOMMENDATION the Resolution. N/A ATTACHMENTS ( Listed Below ) Resolution No. 2002-15 1. Resolution 2. Proposed District 23, Exhibit "An and 11311 A-200 (9;99)23 RESOLUTION NO. 2002 - 15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.23 ON 8'H STREET FROM I-5 TO NATIONAL CITY BOULEVARD, AND ROOSEVELT AVENUE FROM 8TH STREET TO PLAZA BOULEVARD WHEREAS, a public hearing was called for Tuesday, January 22, 2002, at the hour of 6:00 p.m. in the Council. Chambers in the Civic Center, 1243 National City Boulevard, National City, California, to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, within that certain area of the City described as: 8th Street from I-5 to National City Boulevard, and Roosevelt Avenue from 8th Street to Plaza Boulevard; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law, and WHEREAS, such hearing was duly and regularly held, and all persons interested were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby finds and determines that the public health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service, and that pursuant to Ordinance No. 1414 of the City of National City, the above described area is hereby declared an Underground Utility District, and is designated as Underground Utility District No. 23 of the City of National City. Attached hereto, marked Exhibit "A", and hereby incorporated as a part of this Resolution, is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall by subsequent resolution, fix the date upon which the property in the district must be ready to receive underground service, and the date by which all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communication, community antenna television or similar or associated service shall be removed. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to Cause a certified copy of this Resolution to be recorded in the Office of the County Recorder. The City Clerk is further directed to notify, either by personal service or by mail, all affected utilities and all persons owning real property within Underground Utility District No. 23, as such are shown on the last equalized assessment roll, of the adoption of this Resolution within fifteen (15) days after the date of such adoption. Such notification shall include a copy of this Resolution, together with a copy of Ordinance No. 1414. The City Clerk is further directed to notify, either by personal service Resolution No. 2002 — 15 February 5, 2002 Page Two or by mail, said property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall, by the date fixed by subsequent resolution, provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Attached hereto, marked Exhibit `B" and hereby incorporated as part of this Resolution, is a list of all persons owning real property within Underground Utility District No. 23, as shown on the last equalized assessment roll. BE IT FURTHER RESOLVED that the Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reason: The streets, roads or rights of way in the district are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. PASSED and ADOP ILL) this 56' day of February, 2002. A1'1'hST: Michael Dalla, City Clerk APPROVED AS TO FORM: Z George H. Eiser, III City Attorney George H. Waters, Mayor RESOLUTION 2002-- 15 EXHIBIT " UNDERGROUND UTIUTY DISTRICT NO. 23 8TH STREET FROM 1-5 TO NATIONAL CITY BOULEVARD AND ON ROOSEVELT AVENUE FROM 8T14 STREET TO PLAZA BOULEVARD LEGEND: BOUNDARY UNDERi-• -ND UTIUTY P T.2 12/06 W. 8th 926 938 1010 1012 1014 1028 1018-20 1022-24 1026-28 W z W 810 816 822 W. 9th �i mL3 Nl3 1/2 N N 910 921 V23 N n N N 922 n 926 938 N W. PLAZA h N 1015 1019 1021-23 N N 1004 1031 tel N 0, N N IU14 N 1028 1036 1040 704 710 714 829 0 0 905 913 921 925-27 929-31 939-41 945 w Q 607 1- J Ld Lv in 0 (10th STREET) a n N 1010 1015 1018 1019 1027 1026 a N N z W > 616 620 624 630 632 W 7TH ST 601 812 822 824 826 836 840 STRE 910 916 949 930 936 DOULBWRD 0 W 1018 1031 1040 N 0 -J CO BOULEVARD 07 319 623-25-33 539 701 801 921 925 929 999 001 007 011 015 1017 1031 STRFFT 3. 555-085-07 00 4. 555-084-0100 5. 555-084-02 00 6. 555-084-03 00 7. 555-084-04 00 8. 555-082-01 00 DDjha1 D22 RESOLUTION 2002 — 15 EXHIBIT `B" CONVERSION OF OVERHEAD ELECTRIC FACILI IT S TO UNDERGROUND ON 8TH STREET AND ROOSEVELT AVENUE (DISTRICT 23) OWNERS NAMES A.P.N. AND ADDRESS SITE ADDRESS 1. 555-083-17 00 Thrifty Oil Co.. P.O. Box 512485 Los Angeles, CA 90051 2. 555-083-06 00 City of National City Community Dev. 140 E.12th Street National City, CA 91950 Beauchamp Family Trust 327 W. 111h Street National City, CA 91950 Beauchamp Family Trust 327 W. 11 Street National City, CA 91950 Beauchamp Family Trust 327 W. 1 l'h Street National City, CA 91950 Cosby Thomas H. Jr. 936 National City Blvd. National City, CA 91950 Community Dev. Comm. 140 E. 126 Street National City, CA 91950 Jeanett Rubin Tr. 1560 Via Corona La Jolla, CA 92037 BUSINESS HOME/OTHER 801 Roosevelt Avenue Commercial National City, CA 19 W. 9'h Street National City, CA 900 Roosevelt Avenue National City, CA 909 Roosevelt Avenue National City, CA 949 Roosevelt Avenue National City, CA Commercial Commercial Commercial Commercial Commercial 940 National City Blvd. Commercial National City, CA 132 W. 8111Street Commercial National City, CA Same City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE February 5, 2002 AGENDA ITEM NO, 7 ITEM TITLE RESOLUTION AMENDING THE SALARY RANGES FOR DESIGNATED TEMPORARY, PART-TIME POSITIONS PREPARED BY Roger C. DeFratis DEPARTMENT Personnel Personnel Director :4:7 EXPLANATION_ The Parks & Recreation, Library and Police Departments are experiencing excessive turn -over and difficulty recruiting qualified employees in various temporary, part-time positions needed to continue successful programs in recreation, literacy and police services. In a review of exit interviews much of the turn -over is due to competing agencies offering these employees higher rates of pay for similar duties. This is especially true of lifeguards and clerical work. We performed a survey in January, 2002 to identify the extent of the problem (attached). I have discussed the situation with the department heads involved and they have sufficient budgeted funds to implement the attached recommendations for this budget year and support this proposal. Environmental Review " N/A Financial Statement No additional funds are necessary this budget year. Departments can absorb cost within current budget. STAFF RECOMMENDATION Approve Resolution. BOARD/COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS (Listed Below) Resolution No 2002-16 1. Temporary, Part -Time Positions Salary Survey 2. Current Salary Schedule _3. Recommendation A-200 (Rev. 4/80) RESOLUTION NO. 2002 —16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADJUSTMENT OF THE SALARY RANGES FOR DESIGNATED TEMPORARY, PART-TIME POSITIONS BE IT RESOLVED by the City Council of the City of National City that the salary range for designated temporary, part-time positions be adjusted as shown on attached Exhibit "A". PASSED and ADOPIE:1.) this 5th day of February, 2002. George H. Waters, Mayor AITEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Fictr, III City Attorney . . . RESOLUTION 2002 - 16 :14 Increase Salary for. POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Aquatics Manager p1062 pt086 $14.64 Lifeguard/Swim Instructor pt045 pt064 $12.09 Police Cadet p1020 pt047 $10.44 Recreation Aide p1020 pt029 $9.01 Recreation Leader I pt036 pt042 $10.05 Recreation Leader II pt045 p1054 ' $11.07 Recreation Leader III pt057 pt064 $12.09 Recreation Specialist pt047 pt059 $11.58 Senior Lifeguard pt060 pt075 $13.28 Student Worker pt020 pt047 $10.44 EFF • Increase Salary for. POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Office Aide pt025 pt047 $10.44 Increase Salary for. POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Office Aide pt047 pt065 $12.19 EXHIBIT "A" ...................................................... EFFECTIVE FE8 RECOM I EN DATIOFN RUAR'Y '19, 2002 Increase Salary for POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Aquatics Manager pt062 pt086 $14.64 Lifeguard/Swim Instructor pt045 0064 $12.09 Police Cadet pt020 pt047 $10.44 Recreation Aide pt020 pt029 $9.01 Recreation Leader I pt036 pt042 $10.05 Recreation Leader II pt045 pt054 $11.07 Recreation Leader III pt057 pt064 $12.09 Recreation Specialist pt047 pt059 $11.58 Senior Lifeguard pt060 pt075 $13.28 Student Worker pt020 pt047 $10.44 EFFECTIVE APRIL 2, 2002 Increase Salary for. POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Office Aide pt025 pt047 $10.44 EFFECTIVE JULY 9. 2002 Increase Salary for. POSITION SALARY RANGE (From) SALARY RANGE (To) MAX/HOURLY SALARY Office Aide pt047 pt065 $12.19 A200 Temp/Part-Time Positions SALARY SURVEY FOR TEMPORARY, PART-TIME POSITIONS JANUARY, 2002 LI FECsuA[t AID POLICE: CADET RECREATIO ...................... .... Maximum $/hour RECREATION LEADER Ii ..:; ENIO FEG13ARD RICER CHULA VISTA CORONADO EL CAJON LA MESA $ 13.52 10.31 10.97 9.34 9.91 17.11 N/A 11.53 15.06 N/A 9.53 13.82 N/A N/A 11.38 SAN DIEGO, CITY SANTEE 11.61 N/A N/A 9.13 17.66 17.66 N/A 11.91 N/A 7.63 9.54 11.61 10.02 16.01 Average % Difference NATIONAL CITY 14.24 N/A 8.82 11.87 24.67 N/A N/A $ 12.81 -24% 10.31 10.64 $ 12.43 -42% N/A $ 10.97 -31% 10.64 $ 9.18 -9% 14.94 $ 12.96 -36% N/A $ 17.76 -52% 10.64 $ 10.33 -23% 8.75 8.40 8.40 9.52 11.68 8.40 City of National City Personnel Department PART-TIME & SEASONAL POSITIONS October 19, 1999 POSITION TITLE SALARY RANGE HOURLY SALARY Aquatics Manager • pt062 $9.79 - $11.89 Cashier • pt028 $7.36 - $8.95 Equipment Service Trainee • pt057 $9.37 - $11.39 Library Clerk • (Grant Funded) pt066 $10.11 - $12.30 Lifeguard/Swim Instructor • pt045 $8.48 - $10.31 Office Aide • pt025 $7.19 - $8.75 Photo Radar Specialist - $10.50 •• Police Cadet pt020 $6.91 - $8.40 Recreation Aide • pt020 $6.91 - $8.40 Recreation Leader I • pt036 $7.83 - $9.52 Recreation Leader II • pt045 $8.48 - $10.31 Recreation Leader III • pt057 $9.37 - $11.39 Recreation Specialist • pt047 $8.59 - $10.44 Senior Lifeguard • pt060 $9.61 - $11.68 Stock Clerk/Storekeeper pt059 $9.52 - $11.58 Student Worker • pt020 $6.91 - $8.40 • The department hires for the position. An additional $3.50/hour shall be paid for performing supervisory duties. •• A:\COMPENSATION PLAN SALARY SCHEDULE (4) NCPO 09/18/01® (Added Library Clerk) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. 8 ITEM TITLE PREPARED BY EXPLANATION Please see attached. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN MUNIFINANCIAL CORPORATION AND THE CITY OF NATIONAL CITY TO PROVIDE ARBITRAGE REBATE AND MUNICIPAL DISCLOSURE SERVICES Marylou Matienzo Finance DEPARTMENT Environmental Review N/A Financial Statement Cost will be paid out of the Bond Debt Services Account on the Police Lease Revenue Bonds for an annual total not to exceed $3,000.00 Approved By Finan 001-411-00 y 69 Account No. STAFF RECOMMENDATION Staff recommends the hiring of MuniFinancial Corporation to provide Arbitrage Rebate and Municipal Disclosure Services to comply with IRS Section 148 Regulations and SEC Rule 15C2-12. BOARD / COMMISSION RECOMMENDATION /4zx? ATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Agreement and Cost Proposal 3. Explanation Resolution No. 2002-17 A-200 (9.99) ARBITRAGE REBATE AND MUNICIPAL DISCLOSURE SERVICES The issuance of the 1998 Police Lease Revenue Bonds Series 1998 has 2 requirements that need to be done in accordance with Section 148 of the Internal Revenue Code and SEC Rule 15c2-12. A. ARBITRAGE REBATE For tax-exempt bonds, arbitrage is the profit earned from investing tax-exempt bond proceeds in higher yielding taxable securities. In accordance with Section 148 of the Internal Revenue Code arbitrage payments must be remitted to the government every five years until the bond proceeds are fully expended. Numerous exceptions and restrictions apply to the investment of proceeds from tax-exempt financing, which is why an experienced arbitrage rebate calculator should perform the analysis. In order to sufficiently monitor an arbitrage liability and comply with the IRS regulations, MuniFinancial recommends an initial computation be completed prior to the installment payment date, otherwise known as the "fifth year". For the National City JPA, the contracted fees for this service are $ 1,500 for the initial report and $ 2,000 for the "fifth year". B. MUNICIPAL DISCLOSURE Subsequent to the amendment of SEC Rule 15c2-12, Municipal Disclosure is required for all bonds issued after July 3, 1995(some exceptions may apply). In conjunction with the issuance of the 1998 Lease Revenue Refunding Bonds Series 1998 (Police Facilities Project) the City has covenanted in a First Amended and Restated Lease Agreement, dated as of October 1, 1998 by and between the Authority and the City to execute and deliver the Continuing Disclosure Certificate (CDC) for the Bonds. As part of the CDC the City covenants to provide certain operating and financial information annually, prior to March 31. For the National City JPA, the contracted fees for this service are $300 for the initial set-up and $1,000 for the annual fee. RESOLUTION NO. 2002 —17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MUNIFINANCIAL CORPORATION TO PROVIDE ARBITRAGE REBATE AND MUNICIPAL DISCLOSURE SERVICES WHEREAS, the City desires to employ a consultant to provide Arbitrage Rebate and Municipal Disclosure Services; and WHEREAS, the City has determined that MuniFinancial Corporation is a public finance consulting firm specializing in bond administration, fiscal consulting and federal compliance services and is qualified by experience and ability to perform the services desired by the City, and MuniFinancial Corporation is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City and MuniFinancial Corporation to provide Arbitrage Rebate and Municipal Disclosure Services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of February, 2002. George H. Waters, Mayor A!t'hST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MUNIFINANCIAL THIS AGREEMENT is entered into this 5th day of February, 2002, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MnniFinancial (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide Arbitrage Rebate and Municipal Disclosure Services. WHEREAS, the CITY has determined that the CONTRACTOR is a public finance -consulting firm specialising in bond administration, fiscal consulting and federal compliance 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 PAR11hS HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. 3. PROJECT COORDINATION AND SUPERVISION. Marylou Matienzo hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Marshall Eyerman thereby is designated as the Project Director for the CON TRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Finance Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all,reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use 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 hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual right° granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. 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 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 3 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 CONTRAC'l'OR, 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 disclosed in writing 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 products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR hasbeen 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 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 4 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 CON TRACTOR 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 CON TRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers; against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 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. 5 v 1unteers. 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 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a " claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and fmancial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal fmancial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or, out -of - court settlement,shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 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 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. 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 6 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 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 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: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Marshall Eyerman MnniFinancial 28765 Single Oak Drive, Suite 200 Temecula, CA 92590 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex; telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entityother 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 irs'trument 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 construedin 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MUNIFINANCIAL (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: By: George H. Eiser, III V`(Q Pt '/ e City Attorney (Title) 10 Exhibit A-1 FEES FOR SERVICES Arbitrage Rebate Current Issues for the City of National City The following table applies out Standard Fees to the following outstanding issues. Issue Name $6,255,000 National City Joint Powers Financing Authority, Lease Revenue Refunding Bonds, Series 1998 Police Facilities Pro'ect Issue Date Calculation Period 10/08/1998 Annual Every Fifth Year Engagement Summary Proposed l Fees 1,000 2,000 500 The Engagement Summary is a one-time fee for services described in Phase One of the Scope of Services. This fee may be waived if the Issuer has provided a prior calculation and M„niFinancial determines no adjustments are necessary. Additional Service Fees may or may not apply depending on the type of financing. Examples where such fees would apply are situations requiring analysis of transferred proceeds for advance refunding issues, the ongoing re -calculation of yield for variable rate financings, and commingled funds analysis in the event bond proceeds have been commingled with other bond or non -bond proceeds. Please refer to the following page for more information regarding these fees. MuniFinancial Page 11 City of National City FEES FOR SERVICES Exhibit A-2 Municipal Disclosure Annual Financial Information Statement Preparation Debt Issue(s) $6,255,000 National City Joint Powers Financing Authority, Lease Revenue Refunding Bonds, Series 1998 (Police Facilities Project) Annual Fee 1,000 First Year Setup Fee 300 Si. nificant Event Notice Preparation (If necessary) Hourly Rates Dissemination Fees Annual Financial Information Statement Significant Event Notices (per event) Included Included Fees and Expenses MuniFinancial will be reimbursed for out-of-pocket expenses, at cost. Examples of reimbursable expenses include, but are not limited to, postage, travel expenses, mileage (currently 34.5¢ per mile) and copying (currently 6¢ per copy). Any additional expense for reports or otherwise from outside services will be billed to the City at our cost with no overhead markup. Charges for meeting and consulting with counsel, the City, or other parties regarding services not listed in the Scope of Services above will be at our prevailing hourly rates. The fees for preparation of Disclosure Reports assumes that the City of National City will provide if requested, and, as necessary, information as may be reasonably accessible to the City in an electronic format as appropriate. MuniFinancial reserves the right to charge fees directly to parties, other than those specified in the Scope of Services, requesting copies of the Disclosure Reports. All annual fees are subject to annual increase at the rate of the Consumer Price Index. MuniFinancial Page 12 City of National City Exhibit A-3 FEES FOR SERVICES Additional Service Information Additional services may be authorized by the City and will be billed at our then -current hourly consulting rates. Our current hourly rates are: Title Hourly Rate Division Manager $180 Principal Consultant 145 Senior Project Manager 125 Project Manager 105 Senior Analyst 85 Analyst 75 Analyst Assistant 65 Property Owner Services Rep 50 Support Staff 45 MuniFinancial Page 13 City of National City City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 05, 2002 AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #30 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #30 per Government Section Code 37208. 2 Environmental Review N/A Financial Statement Not applicable. n Approved By: e Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,365,730.53. 7 BOARD / COMMISSION jf ECOMMEN ATION Ccncu/,: ,�Lc"Ice 4%t/1ii/ ATTACHMENTS ( Listed Below ) 1. Warrant Register #30 2. Workers Comp Warrant Register dated 01/16/02 3. Payroll Warrant Register dated 01/16/02 Resolution No. A-200 (999) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 05, 2002 AGENDA ITEM NO. 10 (-ITEM TITLE WARRANT REGISTER #31 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #oper Government Section Code 37208. 31 Environmental Review N/A Financial Statement Not applicable. Approved By: Fine x/ a Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $192,466.99. BOARD / COMMISSION ECOMMENATION 4,474 ATTACHMENTS ( Listed low ) 1. Warrant Register#3 2. Workers Comp Warrant Register dated 01/23/02 Resolution No. A-200 (9r99) MEETING DATE Feb. 5, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 11 (-ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF SEPTEMBER 30, 2001 PREPARED BY T. Limfueco EXPLANATION DEPARTMENT Finance For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of September 30, 2001 is hereby submitted. This report reflects the components of the investment portfolio as of September 30, 2001 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: ce Director Account No. STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSION RECOM ENDATION (ATTACHMENTS ( Listed Below ) 1. Casn Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report - Sorted by Brokers 5. Consolidated Cash Repores�l"t°®n No, 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. A-200 (9.99) CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Sep-01 BALANCE REVOLVING CASH $ 3,591.97 RETURNED CHECKS 14,394.13 BANK OF AMERICA #80200 (1,069,767.43) OUTSTANDING WARRANTS (364,202.27) PAYROLL OUTSTANDING WARRANTS (81,193.95) CASH HELD BY BROKERS 424,588.23 INVESTMENTS 15,944,455.42 LA I F 18, 980, 864.66 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR $ 33,852,730.76 YEAR-TO-DATE TOTAL YEAR 2001-02 $ 180,410.20 $ 2000-01 301,955.75 1999-00 31,607.16 1998-99 18,839.22 1997-98 132,747.35 1996-97 78,530.38 1995-96 197,291.65 1994-95 201,572.68 1993-94 148,667.19 1992-93 32,279.17 1991-92 22,981.97 1990-91 37,934.18 1989-90 -25,865.40 1988-89 160,780.98 1987-88 69,839.80 1986-87 153,761.42 1985-86 435,675.63 2,642,502.96 1,841,539.16 1,702,889.57 1,478, 232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 0901 Combined Cash Reconciliation Worksheets a SymPro City of National City Portfolio Management Portfolio Summary September 30, 2001 City of National City Par Market Book % of Days to YTMIC YTM/C Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 9,404,000.00 9,409,402.03 9,404,000.00 58.98 677 431 5.626 5.704 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.60 1,827 962 6.000 6.083 Negotiable/Transferable CDs 3,709,000.00 3,546,550.50 3,362,300.00 21.09 1,992 1,080 8.560 8.679 Federal Agency Securities 2,998,875.00 3,013,057.77 2,998,843.75 18.81 1,251 1,085 5.370 5.445 Pass Through Securities 81,858.27 85,241.16 84;311.67 0.53 1,369 398 7.994 8.105 Investments 16,288,733.27 16,149,251.46 15,944,455.42 100.00% 1,073 694 6.211 , 6.297 Total Earnings Current Year Average Daily Balance Marylou Mate c September 30 Month Ending Fiscal Year To Date Director of Finance Run Date: 12/18/2001 - 15:50 81,604.56 16,876,797.28 279,749.86 No fiscal year history available Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1,029 07/26/2004 10183 Argo Federal Savings Bank 04/30/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 211 04/30/2002 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 547 04/01/2003 10445 American Investment Bank 01/05/2001 99,000.00 99,000.00 99,000.00 6.820 6.820 98 01/07/2002 10425 Asia Europe Americas Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.120 7.120 23 10/24/2001 10192 Associates National Bank 05/06/1999 100,000.00 100,000.00 100,000.00 5.850 5.850 217 05/06/2002 10459 Astoria Federal Savings & Loan 02/05/2001 100,000.00 100,000.00 100,000.00 5.900 5.900 127 02/05/2002 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.500 344 09/10/2002 10426 Bank of Alice, The 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 24 10/25/2001 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 995 06/22/2004 10431 Bank of Kentucky, The 11/14/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 44 11/14/2001 10491 Bank of Nashville, The 03/30/2001 99,000.00 99,000.00 99,000.00 5.240 5.240 211 04/30/2002 10428 Bank of Wilmington 10/30/2000 99,000.00 99,000.00 99,000.00 7.110 7.110 29 10/30/2001 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 588 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.270 5.270 1,023 07/20/2004 ro 10594 Bank of Jamaestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 826 01/05/2004 v4 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 632 06/25/2003 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.640 281 07/09/2002 10520 Colony Bank of Asburn 05/11/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 224 05/13/2002 10503 Centennial Bank of the West 04/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 211 04/30/2002 10515 Commerce Exchange Bank 04/24/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 205 04/24/2002 10452 Century Bank 01/24/2001 99,000.00 99,000.00 99,000.00 6.050 6.050 115 01/24/2002 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,000.00 99,000.00 5.310 5.310 259 06/17/2002 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 598 05/22/2003 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 6.630 281 07/09/2002 220872DT9 10174 Corus Bank 04/16/1999 95,000.00 95,909.15 95,000.00 5.450 5.450 197 04/16/2002 10422 Credit America Savings Co 10/18/2000. 99,000.00 99,000.00 99,000.00 7.150 7.150 17 10/18/2001 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 620 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 823 01/02/2004 10438 Direct Merchants Bank 12/15/2000 100,000.00 100,000.00 100,000.00 7.000 7.000 75 12/15/2001 10474 Eaton Federal Savings Bank 03/12/2001 99,000.00 99,000.00 - 99,000.00 5.500 5.500 162 03/12/2002 10575 EDGAR COUNTY BANK & TRUST CO., 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 819 12/29/2003 10437 Enterprise Bank 12/05/2000 99,000.00 99,000.00 99,000.00 7.050 7.050 65 12/05/2001 10453 Farmers State Bank of Oakley 01/29/2001 99,000.00 99,000.00 99,000.00 6.000 6.000 121 01/30/2002 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 210 04/29/2002 10408' First Capital Bank of Kentucky 09/06/2000 99,000.00 99,000.00 99,000.00 7.400 7.400 156 03/06/2002 Portfolio CNC CC Run Date 12/18/2001 - 15:50 PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 501 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1,012 07/09/2004 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,821 09/26/2006 10414 FNB of Barnesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 176 03/26/2002 10589 first Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 606 05/30/2003 10179 FNB of Elk River 04/22/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 203 04/22/2002 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 490 02/03/2003 10430 First State Bank 10/20/2000 99,000.00 99,000.00 99,000.00 7.070 7.070 18 10/19/2001 10514 First State Bank 04/25/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 206 04/25/2002 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 385 10/21/2002 10600 F S B of To02/23/2001 99,000.00 99,000.00 99,000.00 5.700 5.700 147 02/25/2002 10600 FIRST STATTEEDoBANKnalsonville OF OKABENA 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 1,016 07/13/2004 10432 First Security Bank & Trust 11/17/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 108 01/17/2002 10473 Guaranty National Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 161 03/11/2002 10444 Habersham Bank 01/03/2001 99,000.00 99,000.00 99,000.00 6.870 6.870 94 01/03/2002 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 819 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 1,026 07/23/2004 10436 IndyMac Bank FSB 11/29/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 59 11/29/2001 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 203 04/22/2002 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.3505.250 590 05/90 14/2003 4/2003 10488 Intrust Bank 03/22/2001 100,000.00 100,000.00 100,000.00 5.350 10490 Iowa State Bank 03/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 177 03/27/2002 10450 Iowa State Bank & Trust Co 01/19/2001 99,000.00 99,000.00 99,000.00 6.250 6.250 113 01/22/2002 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 781 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 1,015 07/12J2004 10489 Lewiston State Bank 03/24/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 174 03/24/2002 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 802 12/12/2003 10433 Mercedes National Bank 11/27/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 57 11/27/2001 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 224 05/13/2002 10416 Mid -America Bank 09/29/2000 99,000.00 99,000.00 99,000.00 7.200 7.200 0 10/01/2001 10518 Mesa Bank 05/09/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 220 05/09/2002 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 640 07/03/2003 10477 North Central Bank for Savings 03/19/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 169 03/19/2002 10504 NCB Savings Bank FSB 04/30/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 182 04/01/2002 654062AMO 10564 NICOLET NATIONAL BANK 06/01/2001 99,000.00 101,571.03 99,000.00 5.100 5.100 791 12/01/2003 10512 New South Federal Savings Bank 04/19/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 200 04/19/2002 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f Run Date: 12/18/2001 • 15:50 City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10499 Omni Bank (United National Bk) 04/05/2001 - 99,000.00 99,000.00 99,000.00 5.150 - 5.150 186 04/05/2002 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5,400 1,015 07/12/2004 10429 Peoples Bank & Trust Co 11/07/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 37 11/07/2001 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 96,921.85 95,000.00 5.200 5.200 1,015 07/12/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 1,012 07/09/2004 10525 Peoples State Bank 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 785 11/25/2003 10177 Queens County Savings Bank 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 203 04/22/2002 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 539 03/24/2003 10522 Rushmore State Bank 05/15/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 228 05/15/2002 10570 Suburban Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 819 12/29/2003 10603 Superior Bank, FSB 07/19/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 658 07/21/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 448 12/23/2002 10427 Small Town Bank 10/24/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 24 10/25/2001 10590 SYLVAN STATE BANK 05/30/2001 99,000.00 99,000,00 99,000.00 5.350 5.424 606 05/30/2003 10572 TREASURY BANK- EFFINITY 06/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 449 12/24/2002 10193 E`Trade Bank (TeleBank) _ 05/06/1999 99,000.00 99,000.00 99,000.00 5.660 5.660 - 35 11/05/2001 10516 Union National Bank 05/02/2001 ' 99,000.00 99,000.00 99,000.00 5.250 5.250 427 12/02/2002 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 1,019 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 841 01/20/2004 10442 Westland Savings Bank 12/21/2000 99,000.00 99,000.00 99,000.00 6.940 8.940 448 12/21/2002 10578 WORLD'S FOREMOST BANK, N.A. 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 1,002 06/29/2004 10568 WILLIAMSTOWN SAVINGS BANK 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 620 06/13/2003 10574 YORK STATE BANK & TRUST 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 819 12/29/2003 Subtotal and Average 9,625,100.00 9,404,000.00 9,409,402.03 9,404,000.00 5.704 431 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 962 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 6.083 962 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 80,000.00 74,790.18 6.760 15.799 1,229 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 97,139.40 95,000.00 5.300 5.300 848 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 1,200 01/13/2005 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 97,243.90 95,000.00 5,350 5.350 849 01/28/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 101,368.08 98,384.22 5.350 5.493 800 12/10/2003 10031 Farmers Bank 10/02/1998 100,000.00 75,948.98 75,948.98 5.650 13.789 731 10/02/2003 Run Date: 12/18/2001 -15:50 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Page 5 Average Purchase Stated YTM!C Days to Maturity Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 30241HXE3 10159 33847EGE1 10205 32109VAH7 10203 10195 356611FU2060 10168 10324 10325 39739BS36060 10162 10262 10037 441800AY8060 10167 51803KG35 10078 51803AVL0 10327 531554AG8 10166 509685AC7 10165 55258NKS2 10077 564759LT3 10152 55262W W R3060 10151 10329 10038 685621CW2060 10034 6800618K3 10076 10341 82661YAG8 10339 82668FCS4 10137 798219AB7060 10146 856284GL2060 10135 789369HG3 10075 8649999X9 10347 10281 90331 V9X2 10353 10332 FCC National Bank 03/10/1999 95,000.00 98,064.70 95,000.00 5.700 5.700 891 03/10/2004 Flagstar Bank 05/14/1999 95,000.00 96,053.55 95,000.00 5.500 5.500 225 05/14/2002 FNB of Lucedale • 05/12/1999 97,000.00 98,432.69 97,000.00 5.500 5.500 224 05/13/2002 FNB of America 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 217 05/06/2002 Fremont Investment & Loan 04/07/1999 97,000.00 100,825.68 97,000.00 5.600 5.600 919 04/07/2004 First Bank & Trust 04/28/1999 100,000.00 85,276.39 85,276.39 5.750 12.530 202 04/21/2002 First Union Bank 02/23/1999 100,000.00 84,801.52 84,801.52 5.820 12.683 173 03/23/2002 Greenwood Trust Company DE 03/17/1999 100,000.00 103,902.00 100,000.00 5.600 5.600 898 03/17/2004 Great South Texas Bank 09/15/1999 100,000.00 75,811.23 75,811.23 6.550 15.190 1,031 07/28/2004 Hometown Bank NA 11/20/1998 100,000.00 85,328.46 85,328.46 5.650 12.402 7 10/08/2001 Household Bank 04/07/1999 97,000.00 100,594.82 97,000.00 5.500 5.500 919 04/07/2004 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 8.000 6.000 4,499 01/25/2014 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,494 04/26/2011 Libertyville Bank & Trust 04/06/1999 95,000.00 97,768.30 95,000.00 5.550 5.550 907 03/26/2004 Lake Forest Bank & Trust 04/06/1999 95,000.00 97,768.30 95,000.00 5.550 5.550 907 03/26/2004 M & I Marshall & lisley Bank 01/27/1999 95,000.00 95,263.15 94,818.55 6.050 6.076 2,675 01/27/2009 Manufacturers & Traders Trust 03/04/1999 95,000.00 95,472.15 93,114.92 5.500 5.847 1,607 02/24/2006 MBNA America 03/03/1999 97,000.00 99,519.09 97,000.00 5.400 5.400 518 03/03/2003 Bank of Mount Vernon 02/26/1999 100,000.00 69,971.36 69,971.36 6.550 15.910 1,444 09/14/2005 N12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 671 08/03/2003 ions Orchard Federal Bankd(Barnett Bank) deral Savings Bank 11/04/1998 99,000.00 91,417.59 99,000.00 5.750 5.750 764 11/04/2003 NationalExpress 01/28/1999 95,000.00 95,213.75 94,772.00 6.000 6.032 2.676 01/28/2009 Old Bank Pony EeBank 10/13/1999 100,000.00 65,799.53 65,799.53 7.240 21.020 1,175 12/19/2004 SignalBank N A 11/02/1998 95,000.00 95,180.50 95,249.24 6.500 6.432 681 08/13/2003 Signett 5.500 758 10/29/2003 Bank 03/01/1999 95,000.00 98,561.55 97,886.10 6.250 5.400 884 03/03/2004 San Jose National Bank 03/03/1999 97,000.00 100,306.73 97,000.00 5.400 State Bank of India 02/12/1999 97,000.00 100,553.11 98,658.70 5.850 5.405 638 07/01/2003 St Francis Bank FSB _ 01/29/1999 95,000.00 95,000.00 94,525.00 6.000 6.067 2,677 01/29/2009 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 852 01/31/2004 Upstate National Bank 10/05/1999 100,000.00 78,963.99 78,963.99 6.570 14.890 753 10/24/2003 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 18.505 1,221 02/03/2005 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 878 02/26/2004 Subtotal and Average 3,457,300.00 3,709,000.00 3,546,550.50 3,362,300.00 8.679 1,080 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f Run Date: 12/18/2001 - 15:50 CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Purchase Date Par Value Market Value Page 6 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 31331LFJ2C 31331LFTOC 31331LLK2C 31331LNJ3 3133M9NW8 3133M9NW8 3133MDUE1 3133MDY31 3133MDZ71 3133MDZN6 3133ME2T7C 3133MEF97C 3129233H6 3133MFPV4C 3133MFLV8C 3133MG3N4C 3133MFVJ4 3133M6G3N4 3133MGFB7 3133MGRJ7 3133MGK47C 3133MGRJ7C 3133MGSC1 3133MGFB7C 3133MGX1C 3133MHC85C 3133TGSG5 3136FOSTOC 10534 10540 10611 10622 10279 10285 10495 10501 10531 10532 10537 10539 10607 10609 10610 10613 10615 10616 10617 10618 10619 10620 10621 10623 10624 10625 10301 10612 10627 Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Newberry Federal S & L Subtotal and Average 3,609,243.75 04/12/2001 100,000.00 100,094.00 100,000.00 5.390 5.390 1,107 04/26/2001 100,000.00 100,219.00 100,000.00 5.490 5.490 938 07/18/2001 100,000.00 100,125.00 100,000.00 5.450 5.450 1,386 08/15/2001 100,000,00 100,000.00 100,000.00 5.250 5.250 1,233 08/25/1999 100,000.00 101,750.00 100,000.00 6.540 6.540 147 08/25/1999 100,000.00 101,750.00 100,000.00 6.540 6.540 147 03/29/2001 100,000.00 100,250.00 100,000.00 5.585 5.585 1,094 04/05/2001 100,000.00 100,109.00 100,000.00 5.210 5.210 917 04/12/2001 100,000.00 100,190.00 100,000.00 5.210 5.210 924 04/12/2001 100,000.00 100,160.00 100,000.00 5.400 5.400 1,108 04/18/2001 100,000.00 100,156.00 100,000.00 5.490 5.490 1,113 04/25/2001 99,875.00 100,062.77 99,875.00 5.485 5.485 1,302 07/25/2001 100,000.00 100,859.00 100,000.00 6.000 6.000 1,758 07/03/2001 100,000.00 100,000.00 100,000.00 5.430 5.430 1,190 07/05/2001 100,000.00 100,031.00 99,968.75 5.385 5.395 1,192 07/26/2001 100,000.00 100,219.00 100,000.00 5.565 5.565 1,213 07/12/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 1,199 07/26/2001 200,000.00 201,960.00 200,000.00 5.565 5.565 1,213 08/09/2001 100,000.00 101,015.00 100,000.00 5.420 5.420 1,227 08/28/2001 100,000.00 101,025.00 100,000.00 5.230. 5.230 1,246 08/08/2001 100,000.00 100,281.00 100,000.00 5.260 5.260 1,226 08/28/2001 100,000.00 100,438.00 100,000.00 5.230 5.231 1,246 08/28/2001 100,000.00 100,454.00 100,000.00 5.250 5.251 1,246 08/09/2001 100,000.00 100,313.00 100,000.00 5.420 5.420 1,227 08/15/2001 100,000.00 100,344.00 100,000.00 5.275 5.275 1,233 09/19/2001 100,000.00 100,594.00 100,000.00 5.240 5.240 1,449 12/01/1998 100,000.00 100,784.00 100,000.00 6.000 6.083 669 07/18/2001 100,000.00 100,875.00 100,000.00 5.500 5.500 1,205 09/13/2001 99,000.00 99,000.00 99,000.00 3.550 3.550 163 2,998,875.00 3,013,057.77 2,998,843.75 5.445 1,085 Pass Through Securities 31341SZX2060 31341RVL4060 313401 WX5060 31341UZL3060 Run Date: 12/18/2001 - 15:50 10094 Federal Home Loan Mrtgage Corp 10095 Federal Home Loan Mrtgage Corp 10099 Federal Home Loan Mrtgage Corp 10406 Federal Home Loan Mrtgage Corp 10/12/2004 04/26/2004 07/18/2005 02/15/2005 02/25/2002 02/25/2002 09/29/2004 04/05/2004 04/12/2004 10/13/2004 10/18/2004 04/25/2005 07/25/2006 01/03/2005 01/05/2005 01/26/2005 01/12/2005 01/26/2005 02/09/2005 02/28/2005 02/08/2005 02/28/2005 02/28/2005 02/09/2005 02/15/2005 09/19/2005 08/01/2003 01/18/2005 03/13/2002 02/18/1998 227.77 227.56 236.60 9.000 7.495 31 11/01/2001 02/18/1998 511.93 510.55 531.78 9.000 7.514 0 10/01/2001 02/18/1998 357.93 374.33 369.57 8.500 7.359 92 01/01/2002 08/22/2000 20,430.41 21,281.15 20,430.73 8.000 12.477 151 03/01/2002 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments September 30, 2001 Purchase Date Par Value Market Value Page 7 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Pass Through Securities 313610EQ6060 31361SN51 31361T4J0060 31364TKP5060 31376PGY5 36216XMV0020 36217EBM3020 36202AXN2020 36202AX77020 36217LQQ2020 36218VD59020 36217AUE8020 36202AYQ4020 36202A5C7020 36216NJL8020 36202A2B2020 3621614N8020 362161DT5020 36217LVM5020 36218NZQ7020 36202A7U4020 36202AW52020 10092 10098 10102 10103 10126 10079 10080 10083 10084 10085 10087 10088 10090 10091 10105 10106 10107 10108 10109 10110 10111 10236 Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Subtotal and Average 90,153.53 12/23/1997 236.32 236.32 244.15 8.500 7.494 182 04/01/2002 02/18/1998 506.65 533.03 525.65 8.500 7.107 92 01/01/2002 02/18/1998 0.00 0.00 0.00 8.500 6.967 0 02/01/2002 02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 12/01/1998 38,495.76 39,955.52 40,120.51 8.500 6.626 638 07/01/2003 08/26/1997 4.78 5.02 4.96 8.500 6.671 14 10/15/2001 08/26/1997 41.44 43.70 42.98 8.500 6.727 75 12/15/2001 10/15/1997 209.40 218.72 217.26 8.500 7.361 80 12/20/2001 10/21/1997 678.39 708.57 703.83 8.500 7.495 111 01/20/2002 10/30/1997 1,690.36 1,782.47 1,754.84 8.500 6.657 106 01/15/2002 11/12/1997 916.41 966.35 954.24 8.500 8.685 349 09/15/2002 11/12/1997 3,230.14 3,402.88 - 3,337.20 8.000 6.424 165 03/15/2002 11/21/1997 1,862.18 1,943.14 1,922.72 8.000 7.239 142 02/20/2002 11/25/1997 3,212.27 3,355.19 3,332.77 8.500 7.000 354 09/20/2002 03/17/1998 -0.64 -0.64 -0.67 9.000 7.549 45 11/15/2001 03/17/1998 2,351.36 2,450.65 2,413.12 7.500 6.957 231 05/20/2002 03/17/1998 2.47 2.48 2.59 9.000 7.483 45 11/15/2001 03/26/1998 2.25 - 2.26 2.34 9.000 7.150 75 12/15/2001 04/16/1998 2,764.84 2,912.70 2,854.70 8.000 6.352 165 03/15/2002 04/16/1998 2,203.26 2,321.08 2,280.39 8.000 6.344 287 07/15/2002 04/16/1998 1,866.87 1,949.93 1,971.60 8.500 7.513 201 04/20/2002 10/21/1997 55.72 58.20 57.81 8.500 6.624 50 11/20/2001 81,858.47 85,241.16 84,311.67 8.105 398 Total Investments and Average 16,876,797.28 16,288,733.27 16,149,251.46 15,944,455.42 6.297 694 Portfolio CNC CC PM (PRF PM2) SymRept V5.02f f Run Date: 12/18/2001 - 15:50 SymPro City of National City Activity Report Sorted By Brokers September 1, 2001 - September 30, 2001 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly 10629 Florida Bank, NA Subtotal and Balance Certificates of Deposit - Maturity Subtotal and Balance 5.150 09/26/2001 99,000.00 0.00 190,000.00 99,000.00 0.00 289,000.00 95,000.00 95,000.00 Negotiable/Transferable CDs 15640XBK6 10158 Centura National Bank 8.000 09/11/2001 0.00 95,000.00 45383NAQ4 10160 Independent Bank W Michigan 6.000 09/05/2001 0.00 95,000.00 47816HAB3 10161 Johnson Bank 6.250 09/18/2001 0.00 95,000.00 Subtotal and Balance 3,213,000.00 Federal Agency Securities Subtotal and Balance 0.00 285,000.00 2,928,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 21.797% 200,000.00 200,000.00 8.500 09/15/2001 0.00 1,810.91 40,306.67 0.00 1,810.91 38,495.76 3,738,306.67 99,000.00 286,810.91 3,550,495.76 Brokers: Gifford Securities Inc Federal Agency Securities 312923PB5C 10484 Federal Home Loan Mrtgage Corp 5.665 09/21/2001 0.00 200,000.00 3133MF4D7C 10585 Federal Home Loan Bank 5.600 09/06/2001 0.00 100,000.00 3133MFC22C 10586 Federal Home Loan Bank 5.520 09/07/2001 0.00 100,000.00 3133MFDGOC 10587 Federal Home Loan Bank 5.645 09/13/2001 0.00 100,000.00 3133MFG77C 10588 Federal Home Loan Bank 5.650 09/20/2001 0.00 100,000.00 3133MHC85C 10625 Federal Home Loan Bank 5.240 09/19/2001 100,000.00 0.00 Run Date: 12/18/2001 - 15:52 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report September 1, 2001 - September 30, 2001 Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Subtotal and Balance 1,899,875.00 100,000.00 600,000.00 1,399,875.00 Par Value Brokers Subtotal 8.594% 1,899,875.00 Brokers: Multi -Bank Securities Inc 100,000.00 Page 2 600,000.00 1,399,875.00 Certificates of Deposit - Monthly 10462 Newberry Federal S & L Subtotal and Balance 2,081,000.00 6.000 09/13/2001 Negotiable/Transferable CDs Subtotal and Balance 781,000.00 Federal Agency Securities 10627 Newberry Federal S & L Subtotal and Balance 0.00 0.00 99,000.00 3.550 09/13/2001 0.00 99,000.00 1,982,000.00 781,000.00 99,000.00 0.00 99,000.00 0.00 99,000.00 Pass Through Securities 36217E8M3020 10080 Govt. National Mortgage Assoc. 36202AXN2020 10083 Govt. National Mortgage Assoc. 36202AX77020 10084 Govt. National Mortgage Assoc. 36217LQQ2020 10085 Govt. National Mortgage Assoc. 36218VD59020 10087 Govt. National Mortgage Assoc. 36217AUE8020 10088 Govt. National Mortgage Assoc. 36202AYQ4020 10090 Govt. National Mortgage Assoc. 36202A5C7020 10091 Govt. National Mortgage Assoc. 31341 SZX2060 10094 Federal Home Loan Mrtgage Corp 31341RVL4060 10095 Federal Home Loan Mrtgage Corp. 31361SN51 10098 Federal Natl. Mortgage Assoc. 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 36202A2B2020 10106 Govt. National Mortgage Assoc. 3621614N8020 10107 Govt. National Mortgage Assoc. 36217LVM5020 10109 Govt. National Mortgage Assoc. 36218NZQ7020 '10110 Govt. National Mortgage Assoc. 36202AZU4020 10111 Govt. National Mortgage Assoc. 36202AW52020 10236 Govt. National Mortgage Assoc. 31341 UZL3060 10406 Federal Home Loan Mrtgage Corp Subtotal and Balance 52,712.20 Run Date: 12/18/2001 - 15:52 8.500 09/18/2001 0.00 37.14 8.500 09/20/2001 0.00 359.11 8.500 09/20/2001 0.00 598.29 8.500 09/15/2001 0.00 498.64 8.500 09/15/2001 0.00 100.76 8.000 09/15/2001 0.00 538.97 8.000 09/20/2001 0.00 506.74 8.500 09/20/2001 0.00 341.95 9.000 09/15/2001 0.00 259.03 9.000 09/15/2001 0.00 152.69 8.500 09/25/2001 0.00 212.69 8.500 09/15/2001 0.00 119.18 7.500 09/20/2001 0.00 364.34 9.000 09/15/2001 0.00 842.99 8.000 09/15/2001 0.00 582.10 8.000 09/15/2001 0.00 294.14 8.500 09/20/2001 0.00 683.06 8.500 09/20/2001 0.00 334.79 8.000 09/15/2001 0.00 2,189.64 9,016.25 43,695.95 0.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f City of National City Activity Report September 1, 2001 - September 30, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers Subtotal 17.839% 2,914,712.20 99,000.00 108,016.25 2,905,695.95 Brokers: Mischler Financial Group Inc Federal Agency Securities 3133MDLR2 10492 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 1.228% 5.520 09/26/2001 0.00 200,000.00 400,000.00 0.00 200,000.00 200,000.00 400,000.00 0.00 200,000.00 200,000.00 Brokers: PaineWebber Inc Federal Agency Securities Subtotal and Balance 100,000.00 Brokers Subtotal 0.614% 100,000.00 100,000.00 0.00 0.00 100,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10410 Bank of Alamo 7.300 09/10/2001 0.00 10415 Morris State Bank, The 7.200 09/27/2001 0.00 10417 Citizens Bank 7.250 09/28/2001 0.00 10418 Triad Bank 7.200 09/28/2001 0.00 10630 Bank of Alamo 4.500 09/10/2001 99,000.00 Subtotal and Balance 7,430,000.00 Brokers Subtotal 43.791% 7,430,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 99,000.00 0.00 396,000.00 7,133,000.00 396,000.00 7,133,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 312923PB5 10483 Federal Home Loan Mrtgage Corp 5.665 09/21/2001 312923SX4 10533 Federal Home Loan Mrtgage Corp 5.450 09/05/2001 3133MF6D5 10579 Federal Home Loan Bank 5.575 09/06/2001 3133MF4D7 10580 Federal Home Loan Bank 5.600 09/06/2001 3133MFC22 10581 Federal Home Loan Bank 5.520 09/07/2001 3133MFE61 10582 Federal Home Loan Bank 5.625 09/14/2001 3133MFGX0 10583 Federal Home Loan Bank 5.590 09/20/2001 Run Date: 12/18/2001 - 15:52 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100,000.00 200,000.00 100,000.00 200,000.00 100,000.00 100,000.00 100,000.00 Portfolio CNC CC DA (PRF DA) SymRept V5.02f City of National City Activity Report September 1, 2001 - September 30, 2001 Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Subtotal and Balance - 1,900,000.00 0.00 900,000.00 1,000,000.00 Par Value Brokers Subtotal 6.139% 1,900,000.00 0.00 900,000.00 1,000,000.00 Page 4 Total 100.000% 18,382,893.87 397,000.00 2,490,827.16 16,289,066.71 Portfolio CNC CC DA (PRF DA) SymRept V5.02f Run Date: 12/18/2001 - 15:52 1/24/02 CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS SEPTEMBER 30, 2001 FUND ENDING NUMBER FUND TITLE BALANCE 001 GENERAL FUND 3,841,346.46 103 GENERAL CAPITAL OUTLAY FUND 501,511.68 106 GRANT -CA LITERACY CAMPAIGN 876.09 107 RETIREMENT FUND - 489.16 108 LIBRARY CAPITAL OUTLAY 135,258.86 109 GAS TAXES FUND 1,518,420.62 110 EMERGENCY PREPAREDNESS FUND 50,000.00 113 CULTURAL ARTS FUND 100,000.00 115 PARK & REC CAPITAL OUTLAY FUND 34,359.95 120 PLAN CHECKING REVOLVING FUND 16,346.54 123 GRANT -FAMILIES FOR LITERACY 19,543.32 125 SEWER SERVICE FUND 9,553,836.94 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 194,008.82 131 ASSET FORFEITURE FUND 305,216.21 136 TINY TOT CLASSES FUND 10,827.79 145 JUVENILE EDUCATION FUND 5,885.15 154 STATE PUBLIC LIBRARY FUND 105,857.55 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND - 26,105.75 159 GENERAL PLAN UPDATE RESERVE 206,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 17,496.42 172 TRASH RATE STABILIZATION FUND 380,996.78 173 NATIONAL SCHOOL DIST CONTRACT 6,524.12 174 SWEETWATER SCHOOL DIST CONTRAC 44,802.85 176 POLICE REIMBURSED OVERTIME 104,363.42 178 POLICE HAT BADGES 36.28 179 NPT BUS DONATIONS FUND 614.65 183 LITERACY INITIATIVES VI 1,991.68 189 CIVIC CENTER REFURBISHING 1,674,464.95 190 30TH STREET CLEANUP FUND - 1303 245,486.67 191 GRANT - STOP PROJECT 72,113.86 195 LANDSCAPE RESERVE 869,415.61 196 CAPITAL PROJECT RESERVE 745,970.19 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 11,730.79 200 30TH STREET CLEANUP FUND - 1304 627,984.61 203 PARK SECURITY/GTE LEASE 28,000.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 121,150.11 209 FY99-00 LITERACY INITIATIVES VIII 8.60 211 SECURITY AND ALARM REGULATION FUND 83,998.67 212 PERSONNEL COMPENSATION FUND 349,228.00 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-00 5,854.86 214 EVERY 15 MINUTES GRANT FY1999-2000 2,833.95 219 FY00-01 LITERACY INITIATIVE IX 51,842.98 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 39,520.36 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 55,615.86 228 GROWING WITH MOTHER GOOSE GRANT 7,320.77 229 CLEEP GRANT 76,651.35 270 NUISANCE ABATEMENT FUND 2,633.38 303 CAPITAL FACILITIES FUND 399,571.00 304 PARK DEVELOPMENT FUND 139,139.25 307 PROPOSITION A" FUND 2,156,528.14 308 GRANT -HIGHWAY BRIDGE REHAB 864,314.91 312 STP LOCAL/TRANSNET HIGHWAY 480,306.82 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 33,189.00 343 STATE -LOCAL PARTNERSHIP 107,224.43 347 PUBLIC RESOURCES ACCOUNT 8,686.45 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 627 LIABILITY INS. FUND 4,318,249.75 629 INFORMATION SYSTEMS MAINTENANC 117,063.86 630 OFFICE EQUIPMENT DEPRECIATION 1,900,870.31 631 TELECOMMUNICATIONS REVOLVING 375,017.79 633 UNEMPLOYMENT INSURANCE RESERVE 103,205.00 643 MOTOR VEHICLE SVC FUND 415,584.46 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 43,645.11 724 COBRA/RETIREE INSURANCE 1,435.67 33,852,730.76 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING SEPTEMBER SEPTEMBE FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 2,171,784.90 4,259,730.50 103 GENERAL CAPITAL OUTLAY FUND -240,000.00 0.00 104 LIBRARY FUND 2,960.96 -8,153.68 105 PARKS MAINTENANCE FUND 3,450.27 -5,001.10 108 LIBRARY CAPITAL OUTLAY 4,557.10 5,678.61 109 GAS TAXES FUND 88,629.86 -24,647.72 111 P.O.S.T. FUND 4,637.86 34,195.66 115 PARK & REC CAPITAL OUTLAY FUND 101.00 1,426.80 120 PLAN CHECKING REVOLVING FUND 5,297.18 22,383.7517,617.54 123 GRANT -FAMILIES FOR LITERACY 11,500.00 125 SEWER SERVICE FUND 481,070.43 372,499.50 131 ASSET FORFEITURE FUND 5,187.87 89,597.10 135 SD COUNTY REG AUTO THEFT TASK 23,692.60 68.38 145 JUVENILE EDUCATION FUND 0.00-25,442.00 147 GRANT -JUDGE PROGRAM 0.00-64,372.11 154 STATE PUBLIC LIBRARY FUND 296.00 113,376.11 158 SWIMMING POOL REVOLVING FUND 686.50 20,011.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 0.00 -41,982.14 172 TRASH RATE STABILIZATION FUND 8,914.81 41,346.85 176 POLICE REIMBURSED OVERTIME 9,109.09 10,001.10 185 COPS MORE 97-CM-WX-0949 0.00-52,158.00 188 GRANT - HIDTA 0.00 -59,115.73 190 30TH STREET CLEANUP FUND - 1303 885.73 2,989.28 191 GRANT - STOP PROJECT -1,919.00 27,111.00 193 COPS GRANT PART III 0.00 -18,750.00 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 2,190.97 6,853.83 204 GALE GRANT 0.00 -9,784.94 210 FY99-00 F.U.L.F.I.L.L. 0.00 12,068.16 211 SECURITY AND ALARM REGULATION FUND 2,362.37 9,838.38 124 838.38 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 0.00 218 HIHG INTENSITY PREVENTION ZONE 65,702.42 22,524.50 219 FY00-01 LITERACY INITIATIVE IX 5,500.00 199,805.35 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 0.00 83,919.46 222 WOW MOBILE GRANT FY 2000-2001 0.00 59,669.26 223 FACE TO FACE INFORMATION GRANT FY 00 0.00 12,615.14 225 ENGLISH LANGUAGE LITERACY INCENTIVE 0.00 83,263.02 228 GROWING WITH MOTHER GOOSE GRANT 0.00 12,147.33 232 TRAN DEBT SERVICE FUND 0.00-1,219.36 301 GRANT-C.D.B.G. 492,879.30 287,439.17 302 CDC PAYMENTS 32,035.95 -27,949.53 307 PROPOSITION A" FUND 0.00-172,947.15 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 755,918.77 312 STP LOCAL/TRANSNET HIGHWAY 0.00 -7,862.28 313 GRANT-CMAQ 0.00 -359,925.59 343 STATE -LOCAL PARTNERSHIP 0.00 -649.61 347 PUBLIC RESOURCES ACCOUNT 0.00 -49,140.00 552 TDA 142,358.04 338,741.29 627 LIABILITY INS. FUND 77,094.53 239,043.92 632 GENERAL ACCOUNTING SERVICES 0.00 35.00 721 LIBRARY TRUST FUND 0.00-713.43 TOTALS 3,400,966.74 6,372,932.00 I:\Common\FINANCE\Crystal Reports\Cash Reconciliation\Revenue Balances Report.rpt FOR THE RIMMITNEP 1/23/02 FUND NO. FUND TITLE SEPTEMBER YTD.SEP 001 MICROFILM FESS - ENGINEERING 6,321,317.75 15,985,474.05 104 LIBRARY FUND 55,334.47 156,489.57 105 PARKS MAINTENANCE FUND 48,215.69 132,870.69 108 LIBRARY CAPITAL OUTLAY 0.00 193.47 109 GAS TAXES FUND (166,838.71) (141,589.32) 111 P.O.S.T. FUND 20,484.29 35,291.07 112 LOWER SWEETWATER FUND 0.00 4,254.28 120 PLAN CHECKING REVOLVING FUND 12,292.48 23,922.24 123 GRANT -FAMILIES FOR LITERACY 332.79 2,840.43 125 RESURFACE STREETS 148,787.30 5,407,682.56 130 EMT-D REVOLVING FUND 0.00 1,318.70 131 ASSET FORFEITURE FUND 21,568.67 21,568.67 135 SD COUNTY REG AUTO THEFT TASK 20,417.06 20,417.06 136 TINY TOT CLASSES FUND 0.00 35.35 147 GRANT -JUDGE PROGRAM 0.00 5,184.18 154 STATE PUBLIC LIBRARY FUND 2,952.99 6,491.76 171 LIBRARY SCHOOL DISTRICT CNTRCT 2,659.36 (59,930.40) 172 TRASH RATE STABILIZATION FUND 11,950.11 14,364.70 173 NATIONAL SCHOOL DIST CONTRACT 1,803.72 4,911.05 174 SWEETWATER SCHOOL DIST CONTRAC 6,379.25 15,477.42 182 COPS GRANT PART II 9,559.54 20,544.55 188 GRANT - HIDTA 4,876.75 10,976.38 189 CIVIC CENTER REFURBISHING 1,615.00 1,615,00 190 30TH STREET CLEANUP FUND - 1303 1,199.83 31,174.08 191 GRANT - STOP PROJECT 14,152.88 38,463.48 192 LEASE ESCROW FUND 0.00 (119,083.63) 193 COPS GRANT PART III 2,013.42 5,168.58 195 LANDSCAPE RESERVE 6,722.50 6,722.50 196 CAPITAL PROJECT RESERVE 3,426.81 13,767.00 199 SOUTH BAY COMMUNITY SVCS GRANT 36,441.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 2,023.15 4,025.77 210 FY99-00 F.U.L.F.I.L.L. 17,782.39 17,782.39 211 SECURITY AND ALARM REGULATION FUND 2,790.58 6,612.28. 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-00 118,534.50 118,534.50 218 HIHG INTENSITY PREVENTION ZONE 12,757.26 22,288.16 219 FY00-01 LITERACY INITIATIVE IX 85,387.79 147,962.37 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 66,866.83 66,866.83 222 WOW MOBILE GRANT FY 2000-2001 10,068.78 18,505.78 223 FACE TO FACE INFORMATION GRANT FY 00-01 6,260.29 12,565.83 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 18,928.67 27,011.72 228 GROWING WITH MOTHER GOOSE GRANT 3,605.56 4,826.56 229 CLEEP GRANT 33,010.60 42,499.65 230 ABANDONED VEHICLE ABATEMENT GRANT 6,874.55 19,171.00 231 HOUSING PILOT PROGRAM 1,249.74 1,249.74 301 GRANT-C.D.B.G. 776,236.88 1,253,464.00 302 CDC PAYMENTS 34,711.37 83,306.14 307 N.C. BLVD BRIDGE 23,983.56 78,624.08 313 GRANT-CMAQ 9,200.00 24,197.40 343 STATE -LOCAL PARTNERSHIP 240.91 327.99 348 STATE GRANT 0.00 90.00 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 2,800.87 2,800.87 552 TOKENS REVENUE 614,038.02 1,284,498.86 626 FACILITIES MAINT FUND 117,090.34 313,997.57 627 LIABILITY INS. FUND 64,147.53 449,325.39 628 GENERAL SERVICES FUND 8,704.91 27,818.50 629 INFORMATION SYSTEMS MAINTENANC 11,337.40 69,033.53 630 OFFICE EQUIPMENT DEPRECIATION 41,040.81 117,036.48 631 TELECOMMUNICATIONS REVOLVING 15,906.03 54,696.94 632 GENERAL ACCOUNTING SERVICES 33,641.52 91,606.16 633 UNEMPLOYMENT INSURANCE RESERVE 1,016.00 1,016.00 643 MOTOR VEHICLE SVC FUND 154,624.25 241,670.26 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 8,882,526.04 26,286,504.33 City of National City Pooled Investment Transactions Report For the Month of September 2001 Date Description Institution Ref. No. Amount Beginning Balance 15,880,864.66 9/6 Deposit LAIF 648966 900,000.00 9/12 Deposit LAIF 288777 900,000.00 9/24 Deposit LAIF 231614 700,000.00 9/26 Withdrawal LAIF 914037 (600,000.00) 9/27 Deposit LAIF 700830 1,200,000.00 Ending Balance 18,980,864.66 0901 Combined Cash Reconciliation Worksheets Page 1 1/28/02 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. 12 / ITEM TITLE STREET TREE COMMITTE MINUTES PREPARED BY. Jim Ruiz EXPLANATION Removal requests: DEPARTMENT Parks & Recreation 423 National City Blvd. Request for removal of 4 trees because they block business advertisement. Committee recommends removal due to sidewalk damage upon payment of $50 for each removal, for a total of $200. Replacement trees will be planted in city parks. 1706 Prospect Street Request for removal of 2 trees because tree roots are pushing up and damaging the surrounding concrete. Committee recommends removal upon payment of $100 fee with no replacements due to narrow parkway. Committee recommends replacement trees be planted in city parks. Environmental Review XX N/A Financial Statement Approved By e / Replacement funds available in Acct. #105-442-000-331-0000 FilananceDir or Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS ( Listed Below ) Resolution No. Minutes A-200 (999) 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 JANUARY 17, 2002 Called to order at 2:00 p.m. • Present:, Keen, Schwitkis, Cesena and Morales; Staff: Diaz. • Absent: Sotelo, Cesena • Tree Removal Requests: Mr. Walid Elaine Star Automotive 423 National City Blvd. Request for removal of 4 trees because they block business advertisement. Committee recommends removal due to sidewalk damage upon payment of $50 for each removal, for a total of $200. Replacement trees will be planted in city parks. Mr. Jess Van Deventer 1706 Prospect Street Request for removal of 2 trees because tree roots are pushing up and damaging the surrounding concrete. Committee recommends removal upon payment of $100 fee with no replacements due to narrow parkway. Committee recommends replacement trees be planted in city parks. • Adjourned at 2:12 p.m. te-')5 MIGUIEJ DIAZ Parks Superintendent ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO. 13 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HOUSING PROGRAMS, INCLUDING TRANSITIONAL HOUSING AND EMERGENCY SHELTERS; DENSITY BONUS PROVISIONS, SECOND UNITS, OTHER AFFORDABLE HOUSING INCENTIVES AND RELATED DEFINITIONS. CASE FILE NO. A-2002-1 PREPARED DEPARTMENT Steve Ray., Planning Department EXPLANATION The City Council approved the amendment after holding a public hearing January 22, 2002. The attached ordinance will carry out that action. Environmental Review X N/A Financial State erm N/A STAFF RECOMMENDATION Qq." Adopt the proposed ordinance. BOARD (COMMISSION RECOMMENDATION N/A ATTACHMENTS j Listed Below j Ordinance Resolution No. A-200 (9/80) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HOUSING PROGRAMS, INCLUDING TRANSITIONAL HOUSING AND EMERGENCY SHELTERS; DENSITY BONUS PROVISIONS, SECOND UNITS, OTHER AFFORDABLE HOUSING INCENTIVES AND RELATED DEFINITIONS APPLICANT: CITY OF NATIONAL CITY CASE FILE NO. A-2002-1 BE IT ORDAINED that the City Council of the City of National City, California does hereby ordain as follows: Section 1. That Appendix D of the Land Use Code be amended as follows: • Add "Transitional Housing" in Use Group 11; Conditional Permit Use Required. • Add "Emergency Shelter" in Use Group 8, Conditional Permit Use Required (allowable only in IC and IP Zones) and in Use Group 22, Conditional Use Permit Required. Section 2. That Section 18.04.685 be added to the Land Use Code to read as follows: 18.04.685 Transitional Housing. "Transitional Housing" means multi -family housing operated by non-profit institutions and offered for a specified period of time to recently homeless families and individuals, to prepare them for independent living. "Transitional Housing" may comprise either an entire property containing multi -family dwellings or a portion of such property. Section 3. That Section 18.04.233 be added to the Land Use Code to read as follows: 18.04.233 Emergency Shelter. `Emergency Shelter" means any facility, other than a hotel or motel or a dwelling unit, that provides sleeping accommodations and restroom facilities to homeless persons on a day-to-day basis. Section 4. That Subsection G of Section 18.14.160 of the Land Use Code be amended to read as follows: G. Second units, or granny flats, as defined in Section 65852.2 of the Government Code, are prohibited in the, RS-1, RS-2 and RS-E zones. Second units are permitted in all other residential zones provided they comply with all development standards of the zone. Section 5. Add Chapter 18.142 to the Land Use Code. Ordinance No. Page Two Sections: 18.142.010 18.142.020 18.142.030 18.142.040 18.142.050 18.142.060 18.142.070 18.142.080 CHAPTER 18.142 RESIDENTIAL DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES Intent and purpose Definitions Density Bonus Additional Development Incentives Development standards and criteria Application requirements and review Findings or conditions for disapproval of a project Density Bonus Housing Agreement 18.142. 010 Intent and purpose. The intent and purpose of this chapter is to provide incentives for the production of housing for very low, lower income, or senior households in accordance with California law; to facilitate the development of affordable housing; and to implement the goals, objectives and policies of the City's Housing Element. 18.142.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established below: A. "Additional Incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915 (d) and (h). Additional incentives may also include direct financial assistance. See Section 18.142.040 of this chapter. B. "Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for rental Target Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low Income: 50 percent of the area median income for San Diego County, adjusted for household size, multiplied by 30 percent and divided by 12. (2) Low Income: 60 percent of the area median income for San Diego County, adjusted for household size, multiplied by 30 percent and divided by 12. C. "Affordable sales price" means a sales price at which Very Low or Low Income Households can qualify for the purchase of Target Units, calculated on the basis of underwriting standards of mortgage financing available for the development. D. "Density Bonus" means a density increase of up to 25 percent over the otherwise maximum residential density allowable by the applicable zoning designation. Ordinance No. Page Three E. "Density Bonus Housing Agreement" means a legally binding agreement between a developer and the City or Community Development Commission to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish: the number of Target Units, their size, location, terms and conditions of affordability, and production schedule. See Section 18.142.080 of this chapter. F. "Density Bonus Units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site. G. "Equivalent Financial Incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following: (1) A Density Bonus and an Additional Incentive(s); or (2) A Density Bonus, where an additional Incentive(s) is not requested or is determined to be unnecessary. See Section 4 of this Chapter. H. "Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for -sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. I. "Housing Development" means construction projects consisting of five or more residential units, including single-family, multi -family, and mobilehomes for sale or rent, pursuant to this Chapter. J. "Lower Income Household" means households whose income does not exceed the lower income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. K. "Maximum Residential Density" means the maximum number of residential units permitted by the City's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this Chapter. If the housing development is within a Planned Development or any other Overlay Zone that may require discretionary review, the maximum permitted density shall be determined on the basis of the General Plan and the underlying Zone. L. "Non -Restricted Unit" means all units within a Housing Development excluding the Target Units. M. "Qualifying Resident" means senior citizens or other persons eligible to reside in Senior Citizen Housing. N. "Senior Citizen Housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et. Seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is Ordinance No. Page Four used in the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3. O. "Target Unit" means a dwelling unit within a Housing Development that will be reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents. P. "Very Low Income Household" means households whose income does not exceed the very low-income limits applicable to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. 18.142.030 Density Bonus. A. As provided by state law and pursuant to standards and criteria specified in Section 18.142.050, the city may grant a density increase of 25 percent above the maximum residential density allowed by the applicable zone. B. In calculating the minimum number of additional dwelling units to be permitted pursuant to this Section, the Maximum Residential Density for the site, allowable by the applicable Zone, shall be multiplied by .25. Any fractions of units shall be rounded to the next larger whole number. C. In calculating the required number of dwelling units affordable to Lower Income or Very Low Income Households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. D. In cases where a density increase of less than 25 percent is requested, no reduction will be allowed in the required number of dwelling units affordable to Lower Income or Very Low Income Households. 18.142.040 Additional Development Incentives. A. As also provided by State law and pursuant to standards and criteria specified in Section 18.142.050, the City may grant one or more incentives in addition to the 25 percent density bonus described in Section 18.142.030, subject to receiving evidence from the applicant substantiating that the incentive(s) is (are) required for economic feasibility of the development in accordance with State law. However, the City shall deny a request for an additional incentive if it makes a written finding that additional concessions are not necessary to make the housing development economically feasible and are not necessary to accommodate a. density bonus for the project to be affordable to very low or low income households or senior households. B. The need for incentives will vary for different Housing Developments. Therefore, the allocation of Additional Incentives shall be determined on a case -by -case basis. The City may grant Additional Incentives including, but not limited to, any of the following: (1) A reduction of one or more site development standards or modification of design requirements of the Land Use Code which exceed the minimum building standards Ordinance No. Page Five approved by the California Building Standards Commission provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code. These may include, but are not limited to, one or more of the following: (a) Reduced minimum lot sizes and/or dimensions. (b) Reduced minimum side yard setbacks. (c) Reduced minimum required private or common open space. (d) Increased maximum lot coverage. (e) Increased maximum building height and/or stories. (f) Reduced on site parking standards, including the number of, size of, and location of spaces and garage requirements, and allowing for tandem parking or reduction in area for maneuvering of vehicles. (g) Reduced minimum building separation requirements. (2) Allow the Housing Development to include non-residential uses and/or allow the Housing Development within a non-residential zone, pursuant to requirements of Chapter 18.140 of this Title. However, an Amendment to the Combined General Plan/Zoning Map would be necessary unless the development site is already in a Zone that permits mixed use development, i.e., the CG, CL or CT Zones. (3) Other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions or avoidance. (4) Any additional density bonus beyond the 25% bonus. (5) Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees. (6) Direct financial aid (e.g., redevelopment set -aside, Community Development Block Grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off site improvements, land or construction costs. C. The City may offer an Equivalent Financial Incentive in lieu of granting a Density Bonus and an Additional Incentive(s). The value of the Equivalent Financial Incentive shall equal at least the land cost per dwelling unit savings that would result from a Density Bonus, and from an additional incentive if required, and must contribute significantly to the economic feasibility of providing the required number of dwelling units affordable to Lower Income or Very Low Income Households pursuant to this Chapter. 18.142.050 Development standards and criteria. Any housing development for which a density bonus or additional incentive is granted shall comply with the following standards: A. The project shall include at least five dwelling units; B. (1) At least 20 percent of the total units of the Housing Development shall be affordable to Lower Income Households; or (2) At least 10 percent of the total units of the Housing Development shall be affordable to Very Low Income Households; or (3) At least 50 percent of the total units shall be Senior Citizen Housing. Ordinance No. Page Six C. Target Units (for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents) shall remain restricted and affordable to the designated group for a period of 30 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), under the following circumstances: (1) Both a Density Bonus and an Additional Incentive(s) is granted; or (2) An Equivalent Financial Incentive equivalent to a Density Bonus and an Additional Incentive(s) is granted. D. Target Units (affordable to Very Low or Lower Income Households, or Qualifying Residents) shall remain restricted and affordable to the designated group for a period of 10 years under the following circumstances: (1) Only a Density Bonus is granted and no Additional Incentives are granted; or (2) An Equivalent Financial Incentive equivalent to only a Density Bonus is granted. E. The design and appearance of the Target Units (affordable to Very Low or Lower Income Households, or Qualifying Residents) shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all applicable development standards, except those that may be modified as provided by this Chapter. F. Circumstances may arise in which the public interest would be served by allowing some or all of the Target Units associated with one Housing Development to be produced and operated at an alternative site. Where the developer and the City form such an agreement, the resulting linked developments shall be considered a single Housing Development for purposes of this Chapter. Under these circumstances, the developer shall be subject to the same requirements of this Chapter for the Target Units to be provided on the alternative site. G. A Density Bonus Housing Agreement shall be made a condition of the discretionary planning permits (e.g., tentative tract maps, tentative parcel maps, site plans, planned development or conditional use permits, etc.) for all Housing Developments pursuant to this Chapter. The Agreement shall be recorded as a restriction on the parcel or parcels on which the Target Units will be constructed. The Agreement shall be consistent with Section 18.142.080 of this Chapter. H. Development involving a density bonus or incentives shall beapproved only if it is determined that the requirements of this Chapter are satisfied. I. Target units may be rented or sold only in accordance with this Chapter. 18.142.060 Application requirements and review. A. Preliminary Application. An application/developer proposing a Housing Development pursuant to this Section shall submit a preliminary application prior to the submittal of any formal request for approval. Applicants are encouraged to schedule a pre -application conference with the Planning Department, involving participation of Community Development Commission staff, to discuss and identify potential application issues. A preliminary application shall include the following information: Ordinance No. Page Seven (1) A brief description of the proposed development, including the total number of units; Target Units reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents; and Density Bonus Units proposed. The Combined General Plan/Zoning designations and Assessor Parcel Number(s) of the project site. (2) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. (3) Information on whether the proposal would result in an increase of lower income households in a neighborhood that already has a high number of lower income households. (4) If an Additional Incentive(s) is requested, the application should describe why the Additional Incentive(s) is necessary to provide and reserve the Target Units for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents; and Density Bonus Units proposed; in accordance with Section 18.142.040 of this Chapter. (5) The developer/applicant should also submit the project pro -forma, outlining revenue sources and expenses. B. Within a maximum 90-days of receipt of the preliminary application the City Planning Director shall provide to an applicant/developer, a letter that identifies project issues of concern and describes the process for project review and approval. The Planning Director or designated staff shall consult with the Executive Director of the City's Community Development Commission in evaluating the request. C. Requests for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive pursuant to this Chapter, shall be processed pursuant to procedures in Chapter 18.116 for approval of a Conditional Use Permit and concurrently with any other application(s) required for the development. Final approval or disapproval of these requests (with right of appeal to the City Council) shall be made by the Planning Commission unless appealed to the City Council or unless any other required application requires City Council approval. D. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a Density Bonus, Additional Incentive(s) or in -lieu financial incentive pursuant to this Chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, including but not limited to subdivisions, conditional use permits, planned development permits and planned unit development permits. If no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116. 18.142.070 Findings or conditions for disapproval of a project. A housing development pursuant to this section shall not be disapproved unless one of the following findings can be made. A. A Housing Element has been adopted and the development project is not needed to meet the City's share of the regional housing need of low income or very low-income housing. Ordinance No. Page Eight B. The development project as proposed would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse (significant unavoidable) impact without rendering the development unaffordable to low and very low, income households. C. The denial of the project or imposition of conditions is required in order to comply with specific State or Federal law, and there is no feasible method to comply without rendering the development unaffordable to low and very low-income households. D. Approval of the development project would increase the concentration of lower income households in a neighborhood that already has a disproportionately high number of lower income households and there is no feasible method of approving the development at a different site, including those sites identified pursuant to Paragraph (1) of Subdivision (c) of Government Code Section 65583, without rendering the development unaffordable to low and very low income households. E. The development project is proposed on land zoned for resource preservation that is surrounded on at least two sides by land being used for resource preservation purposes; or the project does not have adequate water or wastewater facilities to serve the project. F. The development project is inconsistent with the City's Land Use Code and General Plan land use designation as the General Plan existed on the date the application was deemed complete, and the City has an adopted Housing Element. 18.142.080 Density Bonus Housing Agreement. A. Applicants/Developers requesting a Density Bonus or an Additional Incentive(s), shall (draft and) agree to enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Executive Director of the City's Community Development Commission. B. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of Target Units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest. C. The Density Bonus Housing Agreement shall include at least the following: (1) The total number of units approved for the Housing Development, including the number of Target Units. (2) A description of the household income group to be accommodated by the Housing Development, as outlined in Section 18.142.050 of this Chapter, and the standards for determining the corresponding Affordable Rent or Affordable Sales Price and Housing Cost. (3) . The location, unit sizes (square feet), and number of bedrooms of Target Units. (4) Tenure of use restrictions for Target Units of at least 10 or 30 years, in accordance with Section 18.142.050 of this Chapter. Ordinance No. Page Nine (5) A schedule for completion and occupancy of Target Units. (6) A description of the Density Bonus, Additional Incentive(s) or Equivalent Financial Incentives being provided by the City. (7) A requirement to submit to the Executive Director of the City's Community Development Commission for his review and approval an Affirmative Marketing Plan, which details the actions the developer/applicant will take to provide information and otherwise attract eligible persons to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age or any other category which may be defined by law now or in the future. (8) A description of remedies for breach of the agreement by either party (The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement). (9) Other provisions to ensure implementation and compliance with this Chapter. D. In the case of for -sale Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of Target Units during the applicable use restriction period: (1) Target Units shall, upon initial sale, be sold to eligible Very Low or Lower Income Households at an Affordable Sales Price and Housing Cost, or to Qualified Residents (i.e., maintained as Senior Citizen Housing) as defined by this Chapter. (2) Target Units shall be initially owner -occupied by eligible Very Low or Lower Income Households, or by Qualified Residents in the case of Senior Citizen Housing. (3) Target Units, if later rented by the owner, should be made available to eligible Very Low or Lower Income Households at an Affordable Rent, or to Qualified Residents (i.e., Senior Citizens) as defined by this Chapter. (4) The initial purchaser of each Target Unit shall execute an instrument or agreement approved by the City restricting the sale or rental of the Target Unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the Target Unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State Density Bonus Law. E. In the case of rental Housing Developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period: (1) The rules and procedures for qualifying tenants, establishing Affordable Rent, filling vacancies, and maintaining Target Units for qualified tenants; (2) Provisions requiring owners to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter. Ordinance No. Page Ten (3) Provisions requiring owners to submit an annual report to the City, which includes the name, address, household size and income of each household occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit. Section 6. That the City Council finds that the proposed Code Amendment, which addresses transitional housing and emergency shelters; density bonus provisions, second units, other affordable housing incentives and related definitions, is consistent with the City's General Plan and State law for the following reasons: • The amendment will carry out Housing Element Programs and comply with requirements of State law addressing where transitional housing and emergency shelters may be permitted and how density bonuses and additional incentives may be approved; • The amendment will cany out Housing Element Programs and comply with requirements of State law addressing criteria for approval of density bonuses and additional incentives for affordable housing; and • The amendment will clarify the intent of adopted City procedures regarding provision of second units except in Zones where only one dwelling per lot is allowed. Section 7. That the City has considered possible standards for transitional housing and emergency shelters, and concluded that standards shall be determined through the Conditional Use Permit procedure. Section 8. That the proposed amendment is 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 amendment will not modify any zoning designations and will not result in an increase of intensity of use for any property beyond that mandated by State law, and recommended Code provisions will carry out State -mandated programs and would require discretionary review of specific proposals. PASSED and ADOPTED this AI hST: Michael R Dalla, City Clerk` APPROVED AS TOj R1 : c"3 gart George H. Eiser, III City Attorney day of , 2002. George H. Waters, Mayor 2/5/02 Agenda Item # 14 COMMUNITY POLICE RELATIONS TASK FORCE FEBRUARY 5, 2002 SUBJECT: COMMUNITY TASK FORCE APPOINTMENTS ouncrirna auchaanip „�� d r Viee°Mayor Ii zunza ., Councilwoman Zarate Mayor Waters l ounciiman- Morrison Armando Abundiz 2234 N Ave, NC Doug Agullard 2045 Grove St, NC Susana Cervantes 329 W. 12th St, NC Claudia Carrillo Valenzuela 3420 Eleanor Place, NC Christian Ramirez 3850 Westgate Plaza, SD-NR NR= non-resident Carlos Castillo 1623 E. 16t1 St, NC Miguel Cota 3019 Cagle St, NC Otto Cosino 2324 Beta St, NC Tony Fillipini 629 E. 18th St, NC Ted Godshalk 2143 Cleveland Ave, NC Carlos Carrillo 3420 Eleanor Place, NC Jim Crabb 1915 Valley Vista, NC Alex Cuesta 1003 Fletcher Pkwy, EC-NR Britania Murillo 2011 C Ave, NC Alice Steeber 2929 E. 16h St, NC Josie Calderon 475-8524—CV-NR Frank Chenelle 475-3789 John Tyler Michael 1727 SW Rd, NC/SD-NR Larry Tagle 477-3336 John Alva 17 S. Kenton Ave, NC Craig Boegler 1200 NC Blvd, NR Scott Ketcham 1200 NC Blvd, NR Sherri Hernandez 140 Division Ave, NC Dick Hubbard 2111 E. 11th St, NC AGENDA ITEM #15 2/5/02 January 17, 2002 The Honorable George Waters, Mayor City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor Waters, This letter is a request for permission to have our 9th Annual Casino Night on Saturday, April 13, 2002, from 5:00 p.m. to 12:00 a.m. at the Boys & Girls Clubs of National City. Additionally, we request permission to sell beer and wine at our Casino Night event from 5:00 p.m. to 12:00 a.m. Tickets will be sold in advance. Children will not be allowed. Sin q'erely ry P. Beatie utive Director GPB:scv The Positive Place For Kids BOYS & GIRLS CLUBS of National City 1430 D Avenue National City, CA 91950 (619) 477 - 5445 Fax (619) 477 - 9177 gbeatie@becnc.org www.bgcnc.net Officers President Steve South. 1° Vice President Ann Vroom 2°° Vice President James C. Poe Secretary /Treasurer Tim Patten Past President Louise C. Phipps, Ed. D. * Board of Directors Ronald J. Detzer, Esq. * Skip DiCerchio Lucinda Barton George Hood * Mike Iglesias Albert Mendivil * Ralph Mora Frank Parra Marieanne Perrault Allie Fruit Jess Van Deventer Victoria "Vicky" Waters * * Past President Honorary Board Members John & Christy Walton Mayor George H. Waters Capt. Leendert R. Hering, Sr., USN Allan Crogan Chief of Probation Executive Director Gregory P. Beatie Resource Development Director Tim J. Hall, M.B.A Program Director Gabriela Baeza Omce Manager Susan C. Volkenant Supported, in part, by UNITED NAY AGENCY 6166 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5, 2002 AGENDA ITEM NO, 16 ITEM TITLE TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE CP Claudia Caro, Permit Technician C' ° 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, February 15 — Sunday, February 17, 2002. The hours of the sale are 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.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T..U.P. application through various City Departments. STAFF RECOMMENDATION Account No. N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. zzai Application For A Temporary Use Permit with recommended conditions of approval A-200 (9: 99) 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: February 15-17, 2002 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 1 NO [ 1 SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. 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. f7t q � DATE: TO: COMPANY: FACSIMILE NUMBE1 : FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: 4 SHOPFtNir1'OWN PLAZA:BpNITJ 3030 Plaza Bonita Road National City, CA 91950 Telephone , (819)• 267.2680 Facsimile . (e19) 472:S632 wow'? vi%a /A- lcitLe3, 6„-t-a_vt.t"-Ltt'-fie i6-l7 [ 7Fe4f -1/1) t dg 44-25 The contents of this facsimile (including attachments) may be privileged and confidential. Any unauthorized use of the contents is expressly prohibited. If you have received the document in error, please advise us by telephone (reverse charges) immediately and then shred the document. Thank you. • r Actual Event Hours: Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening _ Festival Community Event Circus ` Block Party yOther SAId= iG I M i O5;E \ (i 2 CL A PR JCO Event Location: PLA Z4 ?JI r — Event Date(s): From FEB VS to CET) 17 Total Anticipated Attendance: e2©t Month/Day/Year ( Participants) ( 9`6D Spectators) el/pm /pm to I 0 am/60 Setup/assembly/construction Date: 1112:1 IL Start time: I I API Please describe the scope of your setup/assembly work (specific details): Y A) ) sec Go L1lo - R6 T J rottES c c,RS Dismantle Date: I 6 i O Completion Time: an/0 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: PI C CV k)E MOT-02S �/► Not -for -Profit Chief Officer of Organization (Name) /�1 0� (- (' I C n �tv� Applicant (Name): I ON Y ! " C aNr Address: OV ", Q I m i4L CITY L t) X For Profit Daytime Phone: di) C) J' (lb Evening one: (� I) 7 27- 1 f d 1 Fax: 6l) -y ?4' 3 7V / Contact Person "on site" day of the event: t_ (OO) F -02 Y Pager/Cellular: �j j ! — 3c%� - si it-45 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 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 X NO _ YES X, NO $A000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? $ $ Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. GmM r useb Cni Tfr0 i \ ALE 'ThE- copt4dm-l_Ty 566T-44 my _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES xNO 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: iSEZ VB icu YES \ICNO 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. XYES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies i Sizes Id X 20 NOTE: A separate Fire Department permit is required for tents or canopies. _ YESS NO Will 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 / i Please describe how food will be served at the event: !lJ 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: 1w 8E_5gPT4 irn5 Rrcret 0P Postrci g Please describe your procedures for both Crowd Control and Internal Security%- , SEcu K (3s l j_ Loo c N- A' fa_ Fc012:i( _ 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: YES Security Director (Name): Phone: Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing,and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: c) s: f : Cf Pi2ICt-AK MEP - Please describe your plan for DISABLED PARKING: O AL, C. P1�2V JJ6- 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: �i o J �Zi A JJELAS paPc23 PFNAJ v 34sJ ?—To 12 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: .OP" Number of Bands: Al Type of Music: J �l wS�L i YYES _ NO Will sound amplification be used? If YES, please indicate: Start time: "/pm Finish Time I _ YES J�NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES . NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YESNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use OnCy Department Date Approved? Yes No Specific Conditions of Approval Initial Council Meeting Date: Approved: Yes No Vote: 2 (.• Kathleen Trees, Director Building & Safety Department Date Received 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. n Organization ✓ "/CCo OF 14✓ Q8 S �� Person in Charge of Activity ( 9f S 1L ME J Address Lj0 AA-1700W, ecLrtf Ota) I . itoi Telephone lG) Z►7 7 °-03 Date(s) of Use FE IS o f r 7 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 a• •t, employees or contractors. Signature o pplicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 5,002 AGENDA ITEM NO. 17 ITEM TITLE REQUEST BY SWEETWATER HIGH SCHOOL FOR EARLY OPENING OF THE SWIM POOL FOR USE BY THEIR SWIM TEAM PREPARED BY Burton S. Myers EXPLANATION See attached explanation. DEPARTMENT Public Works CEnvironmental Review Financial Statement Limited impact if Sweetwater High pa_ full costs. X N/A STAFF RECOMMENDATI Request direction from the ig Council BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Slow) Resolution No. Excerpt from minutes of 12/12/95 and 02/11/97 Council minutes Sweetwater High School letter of December 11, 2001 A-200 (9'99) In 1994, City Council established that the pool would be open eight months per year, March to October, and would be closed for four months November 1st to March 1st. This decision was based upon the higher costs of pool operations during the cold winter months, the relative lack of usage during that time, and the need for pool closure to accomplish needed repair and maintenance. Subsequent budgets have been based upon that winter closure. Responding to a request from Sweetwater High in December 1995 and February 1997 to open the pool two weeks early to accommodate the Swim team competition, Council authorized early opening "for this one time" provided Sweetwater High would share the additional cost to the City 50/50. Sweetwater subsequently paid $1,085, and the pool was ready for use both times. By the attached letter, Sweetwater High is requesting that the pool be opened on February 19th to accommodate the Swim team. Costs: The current request will require the pool be opened eight days earlier than planned. Costs from last year have been used to project an estimated cost for this year. Due to the large increases in the utility rates, the total projected cost for this year is $4773.00. This cost is for eight days and includes $1410.00 for personnel costs (maintenance and staff costs). • Book 77/Page 418 12/12/95 LAS PALMAS POOL ADMIN (702-3-3) 10. A letter from Sweetwater High School requesting the opening of National City's municipal pool two weeks early. TESTIMONY: Perla Navarro, 211 E Street, Chula Vista, spoke in support of the request. ACTION: Motion by Waters, seconded by Inzunza, in favor of the request with 50/50 cost share between the city and Sweetwater High School for this one time. Carried by unanimous vote. NEW BUSINESS WARRANT REGISTERS 1995 (202-1-1(1) 11. SUBJECT: Warrant Register #23. Ratification of Demands in the amount. of $1,232,679.86 (Warrant Nos. 136776 through 136838 inclusive excepting none). - - RECOMMENDATION: Staff recommended ratification of these warrants. ACTION: Motion by Morrison, seconded by Inzunza, in favor of the Ratification of Demands. Warrants carried by the following vote, to -wit: Ayes: Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Abstaining:. None. Absent: None. COMMUNITY PROMOTION (102-1-3) 12. SUBJECT: Entry of Antique Fire Engine. RECOMMENDATION: Staff recommended approval of the entry, contingent upon obtaining a waiver of the entry fee, and approve Miss National City as a rider on the fire truck. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Morrison, in favor of the request. Carried by unanimous vote. STREET TREE & PARKWAY COMMI l i1E (101-2-2) 13. SUBJECT: Street Tree Committee Minutes. RECOMMENDATION: Staff recommended that Council approve the minutes. Book 79/Page 53 02/11/97 LAS PALMAS POOL ADMIN (702-3-3) 3. SUBJECT: Request by Sweetwater High School for early seasonal opening of the swimming pool for use by their swim team and later seasonal closing for use by their water polo team. (Public Works) RECOMMENDATION: Staff recommended that Council (1) approve early seasonal opening 24 February and later Seasonal closing to accommodate athletic teams with payment of $8123. (2) Authorize future adjustment in seasonal opening and closing to accommodate Sweetwater High schedules, subject to pool maintenance and payment of costs. TESTIMONY: Public Works Director Williams reported to the Council that Sweetwater High School was requesting to share the cost with the City on a 50/50 basis, and that if the pool were open as requested, it would also be open to the public during that period. Marianne Perrault, from Sweetwater High School, explained that the requested closing date was tentative depending on how well the polo team did in their season. ACTION: Motion by Waters, seconded by Inzunza, in favor of the staff recommendation with the added stipulations that a) the City share the cost on a 50/50 basis with the School with 1997 costs to be $264.00 per day and future costs to be determined by Public Works, b) earlier seasonal openings and later seasonal closings are authorized in future years to accommodate Sweetwater High swim athletics, provided Sweetwater High notifies Public Works at least 45 days in advance of scheduled 1 March opening and 1 November closing and c) the pool be open to the public during any extended periods of operation that occur. Carried by unanimous vote. CLAIM (501-1-129) 4. SUBJECT: Claim for Damages: Jennifer Chaco. (City Clerk) RECOMMENDATION: Staff recommended that Council deny the claim and refer to the City Attorney. TESTIMONY: None. METROPOLITAN CONFERENCE December 11, 2001 Burt Meyers, City Engineer National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Meyers: R C DemED The Sweetwater Union High School District would appreciate your consideration to open the National City pool by February 19, 2001 to accommodate Sweetwater High Schools swim team. The CIF swim season begins Feb 15 and we need a swimming venue for practice and swim meets. The City of Chula Vista is closing their Loma Verde pool in December for major renovation and Andy Campbell the Parks and Recreation Director informs me that it may be as late as May before the pool reopens. Chula Vista Parkway pool can accommodate two of our High School teams, and Southwestern College can accommodate one team. We have nine Sweetwater District teams plus Marian High in Imperial Beach giving us a total of ten Metropolitan Conference teams needing pool time for swimming. Mar Vista High has a pool and San Diego City has Vista Terrace in San Ysidro that is available for two hours a day, however Vista Terrace cannot accommodate diving. Your consideration in this important matter will be appreciated. Sincerely, fir c,: se4A Tris Huthletic Coordinator Student Services Sweetwater UHSD 1130 Fifth Ave. Chula Vista, Ca 91910 JAN. 31. 2002 11:07AM NO. 1177 P. 1 Sen Diego's Regional Planning Agana 401 B Streec Suite 800 San Diego, CA 92101-4231 (619) 595-5300 Fax (619) 595-5305 www.sandag.org MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon GrOve National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista and County of San Diego ADVISDRY MEMBERS California Department of Transportation Metropolitan Transit Development Board North San Diego County Transit Development Board United Stares Department of Defense San Diego Unified Port District San Diego County Water Authority lljuana/eaja California/Mexico FAX AGENDA ITEM #18 2/5/02 Placed on the Agenda at the request of Councilman Morrison Date: January 31, 2002 To: Tom McCabe Fax Number: 619/336-4327 From: Doree Henry for Hon. Ron Morrison Subject: MTD Board of Directors Position, January 24, 2002 No. Pages: 2 (including transmittal page) To Reply: Telephone: (619) 595-5332 Fax: (619) 595-5605 E-Mail: dhe@sandag.org Notes: Mr. McCabe: Hon. Ron Morrison, 5ANDAG's Vice Chair, asked that I fax this document to you for National City's Council Meeting on Tuesday. Don't hesitate to contact me if you have questions. JAN. 31. 2002 11:07AM NO. 1177 P. 2 This item relates to Agenda Report #20 MTD BOARD OF DIRECTORS POSITION, JANUARY 24, 2002 (on a vote of 10-0, members Murphy and Monroe abstained) 1. That the regional agency has a primary focus on surface transportation infrastructure and aim toward relieving traffic congestion through an emphasis on public transportation development. That any regional transportation agency consolidation includes MTDB, the NSDCTDB, and SANDAG transportation functions within a single surface transportation entity. To be clear, this is not the SANDAG model; this entity should include a focus on surface transportation only. 3. That the regional agency be empowered to require that local agencies' regional activity land uses be consistent with the Regional Transportation Plan (RTP). Local land use authority will remain with the cities and the county. That the governance structure should consist of directly elected representatives. 5. MTDB opposes the SANDAG model as presently constituted. Dgunn/BDMlN REVRECO MA 133-02JAN24 1/24/02