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HomeMy WebLinkAbout2002 03-12 CC ADJ AGENDA PKTC�C;LL AGENDA OF AN ADJOURNED REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD TUESDAY — MARCH 12, 2002 — 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BY ASSISTANT CITY MANAGER, PARK MORSE INVOCATION APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 19, 2002 INTERVIEWS/APPOINTMENTS City Boards & Commissions - Interview Housing & Community Development Committee — Appointments COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 3/12102 PAGE 2 PUBLIC HEARINGS 1. Continued 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) ** Continued from Council Meeting of 2/5/02 ** ** Refer to Agenda Item #18 ** 2. Public Hearing — To determine whether the public health, safety or welfare require the formation of Underground Utility District No. 21 (Phase IV) on Highland Avenue from 24th Street to 30th Street. (Engineering) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Resolution No. 2002-26 Resolution of the City Council of the City of National City approving and adopting a Final Budget for Fiscal Year 2001-02. (City Manager) 4. Resolution No. 2002-27 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Maytime Band Review Corporation. (City Manager) 5. Resolution No. 2002-28 Resolution of the City Council of the City of National City authorizing the transfer of $30,000 from Park Maintenance Undesignated Fund Balance 105-2501 to Park Contract Services Fund 105-442-000-299-0000. (Parks & Recreation) COUNCIL AGENDA 3/12/02 PAGE 3 CONSENT CALENDAR (cont.) 6. Resolution No. 2002-29 Resolution of the City Council of the City of National City authorizing the sole source purchase of playground equipment from Miracle Equipment. (Parks and Recreation) 7. Resolution No. 2002-30 Resolution of the City Council of the City of National City authorizing the sole source purchase of a voice logging recorder from Versatile Information Products, Inc. (Police) 8. Resolution No. 2002-31 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and American Golf Corporation pertaining to fees at the Las Palmas Municipal Golf Course. (Parks and Recreation) 9. Resolution No. 2002-32 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with the Institute for Public Strategies for work on the Office of Traffic Safety High Intensity Prevention Zone Grant. (Police) 10. Resolution No. 2002-33 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kleinfelder, Inc. to provide "as needed" materials testing services for the City's Capital Improvement Projects. (Engineering) COUNCIL AGENDA 3112102 PAGE 4 CONSENT CALENDAR (cont.) 11. Resolution No. 2002-34 Resolution of the City Council of the City of National City supporting the U.S. Environmental Protection Agency's tentative decision for the NPDES Permit for the City of San Diego's Point Loma Wastewater Treatment Plant. (Public Works) 12. Consolidated Cash and Investment Report as of December 31, 2001. (Finance) 13. WARRANT REGISTER NO. 34 (Finance) Ratification of Demands in the amount of $1,019,700.37 14. WARRANT REGISTER NO. 35 (Finance) Ratification of Demands in the amount of $437,576.87 15. Claim for Damages: Marites S. Valencia. (City Clerk) 16. Claim for Damages: Benjamin Brown. (City Clerk) NON CONSENT RESOLUTIONS 17. Resolution No. 2002-35 Resolution of the City Council of the City of National City amending City Council Policy No. 201 pertaining to the Maintenance of Reserve Funds Policy. (City Manager/Finance) COUNCIL AGENDA 3/12/02 PAGE 5 NON CONSENT RESOLUTIONS (cont.) 18. Resolution No. 2002-36 Resolution of the City Council of the City of National City approving 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) (Planning) ** Refer to Agenda Item #1 ** 19. Resolution No. 2002-37 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 Collins Strategic Group, Inc. to assist with the formation of a Community Police Relations Task Force. (City Manager) 20. Resolution No. 2002-38 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Carrier -Johnson Architects to perform design and consulting services to finish the second phase of the work required to complete the Library Bond Act Application for Library Funding. (Public Works/Engineering/Library) ORDINANCE FOR INTRODUCTION 21. An Ordinance of the City Council of the City of National City amending Title 8 of the National City Municipal Code relating to animals by amending Chapters 8.04 (Animal Control and Impoundment), 8.12 (Dog Licenses), 8.16 (Dog Regulations), 8.24 (Kennels), and 8.32 (Keeping of Birds and Animals). (City Attorney/Police/Animal Control) COUNCIL AGENDA 3/12/02 PAGE 6 ORDINANCE FOR ADOPTION 22. An Ordinance of the City Council of the City of National City amending Title 4 of the National City Municipal Code by amending Chapter 4.32 relating to Transient Occupancy Tax, and amending Title 18, Chapter 18.04 relating to definitions of "Transient." (City Attorney) NEW BUSINESS 23. Notice of Decision — Planned Development Permit and Coastal Development Permit for the expansion of an Automobile Impound/Storage Yard at the northwest corner of 33`d Street and National City Boulevard. (Applicant: Thomas Moynahan Jr.) (Case File Nos. PD-2001-6/CDP- 2001-5) (Planning) 24. Notice of Decision — Conditional Use Permit for a Youth Development Center on the east side of Euclid Avenue between Division and Beta Streets. (Applicant: Wesley E. Etheridge, Sr.) (Case File No. CUP-2001- 21) (Planning) 25. Request by National School District to use City portable stage and public address system. (Parks & Recreation) 26. Request to use the Community Center by the National School District and waiver of fees. (Public Works) 27. Request to use the Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works) 28. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building and Safety) 29. Temporary Use Permit — Father & Son's Auto Sales — Used Vehicle Tent Sale. (Building and Safety) COUNCIL AGENDA 3/12/02 PAGE 7 NEW BUSINESS (cont.) 30. Temporary Use Permit — Father & Son's Auto Sales — Used Vehicle Tent Sale. (Building and Safety) 31. Temporary Use Permit — Sweetwater Town & Country Merchants Association — Easter Egg Hunt. (Building and Safety) 32. Temporary Use Permit — National City Chamber of Commerce — Circus Vargas. (Building and Safety) -> CITY MANAGER —> CITY ATTORNEY —> OTHER STAFF —> MAYOR 33. Naming the Community Center. (Mayor Waters) -* CITY COUNCIL 34. Discussion of Metropolitan Water District of Southern California v. Superior Court (Cargill), California Supreme Court Case No. S 102371. (Councilman Beauchamp) COUNCIL AGENDA 3/12/02 PAGE 8 CITY COUNCIL (cont.) 35. Consider Proposals for Honoring Cesar Chavez and Martin Luther King. (Vice Mayor Inzunza/Councilman Beauchamp) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case: Coronado Branch Line ADJOURNMENT Next Regular City Council Meeting — March 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 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor February 26, 2002 Ms. Elizabeth Palmer 924 E. 13th Street National City, CA 91950 R t ivKoINT-1ElalT ' 3 OA, .0t' C( t03'fi S Dear Ms. Palmer: 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, March 12, 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, GEOR E H. WATERS MAYOR GHW:nu © Rec)cicd Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Planning Commission Civil Service Commission Port Commission Senior Citizens Advisory Board Traffic Safety Committee Parks & Recreation Advisory Board Library Board of Trustees Serra Library Systems Board Sweetwater Authority Street Tree & Parkway Committee San Diego County Water Authority Project Area Committee Housing & Community Development Student Commissioner Committee X PLEASE PRINT CLEARLY Name: Elizabeth Palmer (Last) (Optional) (First) Home Address: 924 E. 13th Street, National City, CA 91950 Telephone: Residence ( (61 9) 4 7 4- 7 9 6 6 ) Business/Work ( (619) 997-9420 ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 32 SAN DIEGO COUNTY? 31 ARE YOU A REGISTERED VOTER: YES X Birth Date 1 2/ 1 3/ 6 9 NATIONAL CITY? 22 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTIIER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) STUDENT COMMISSION APPLICANTS ONLY: School Attending Grade Colleges attended and degrees held, if any: Grossmont Community College Related Professional or Civic Experience: Currently employed as a Legal Assistant @ Sampson & Associates Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: President of a loaal private school Parent Teachers Association & Executive Advisory Committee. 2/19/02 DATE: YOUR SIGNATU RETURN COMPLETED FORM TO : CITY COUNCIL ' NAT ONAL, C TY 1243 NATIONAL CITY B NATIONAL CITY, CA 9 ,q Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor FEBRUARY 25, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE We currently have three vacancies on the Housing & Community Development Committee. Ms. Juanita Venegas has been interviewed by the City Council and desires to be considered for appointment. If there are no objections, I recommend we appoint Ms. Venegas to the Housing & Community Development Committee for a full term ending April 28, 2004. This item will be placed on the Council Agenda for the meeting of Tuesday, March 12, 2002. 4;- EORG H. WATERS MAYOR GHW:nu 0 Recycled Riper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 4, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE We currently have three vacancies on the Housing & Community Development Committee. Ms. Claudia Carrillo has been interviewed by the City Council and desires to be considered for appointment. If there are no objections, I recommend we appoint Ms. Carrillo to the Housing & Community Development Committee for a full term ending April 28, 2004. This item will be placed on the Council Agenda for the meeting of Tuesday, March 12, 2002. GEORGE H. WATERS MAYOR GHW:nu ® RccceIcd Papa' ** REFER TO AGENDA ITEM #18 ** City of National City, California COUNCIL AGENDA STATEMENT _ETING DATE March 12, 2002 AGENDA ITEM NO. 1 ITEM TITLE CONTINUED 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 BY Jon Cairt<C.-- DEPARTMENT Planning EXPLANATION The Council conducted a public hearing for this item on February 5. Based of concerns regarding traffic, as well as the two single-family lots accessed via Putter Drive in the County, the Council voted to continue the hearing. The attached background report describes the latest information on the project. Please note that attachments are organized as follows: New information Handouts distributed at 2/5/02 Council meeting February 5 Council report with attachments / Environmental Review N/A Environmental Impact Report (IS-88-55) certified August 1990; EIR Addendum completed December 2001 Financial Statement N/A (-STAFF RECOMMENDATION Staff recommends approval of the subdivision. Account No. fw BOARD f COMMISSION RECOMMENDATION The Planning Commission voted to recommend of the subdivision. Vote: Ayes — Valderrama, tJngab, Baca, Detzer Nays — Reynolds Absent — Flores, Parra �iFc��un pci�t (Listed Below Public Works Department memo Applicant's letter dated 3/4/02 "Traffic consultant memo with photos I P�1PrC from So_n�cemed na ies Preliminary striping plarrlrzniiltl No. --..—_ Preliminary signal plan (Exhibit D) Handouts from 2/5/02 Council Meeting February 5 Council report with attachments ATTACHMENT I BACKGROUND REPORT AND NEW INFORMATION FOR CITY COUNCIL MEETING OF MARCH 12, 2002 BACKGROUND REPORT Previous Action The City Council held a public hearing on this item February 5, 2002. At the hearing, several property owners voiced their concerns. Most of the comments were focused on two issues: traffic on Sweetwater Road, and the proposed single-family lots accessed via an easement from Putter Drive in the County. At the meeting the Council asked the applicant and staff to examine the feasibility of alternate traffic improvements, including a signal at the intersection of Sweetwater Road and Calmoor Street. The Council also directed staff to verify what participation the City would have in widening Sweetwater Road between Plaza Bonita Road and Plaza Bonita Center Way concurrent with the project. Finally, the Council recommended that the applicant revise the tentative map to eliminate the two -single family lots and add more condominium units in the location of the knoll in the southwest portion of the property. Traffic Information The applicant's traffic consultant, Urban Systems Associates, Inc., worked with Public Works staff to develop the attached striping plan (Exhibit C). The plan shows two lanes of traffic in each direction on Sweetwater Road from Plaza Bonita Road east to the City boundary, turn lanes at each intersection and the entrance driveway to the proposed condominiums, and a deceleration lane for eastbound traffic entering the condominium site. Additionally, the attached signal plan (Exhibit D) shows a new four-way signal at the intersection of Fairlomas Way, Calmoor Street, and Sweetwater Road. The developer will be required to widen Sweetwater Road in front of their property to accommodate the street improvements described above. The Public Works Department proposes to restripe the remainder of Sweetwater Road between Plaza Bonita Road and the City limit to provide two lanes in each direction with turn lanes. The City boundary is approximately 240 feet west of the intersection of Sweetwater Road and Plaza Bonita Center Way; since this section of Sweetwater Road is outside of the City, it is the responsibility of the County. Traffic counts performed by Urban Systems Associates, Inc. showed that a four-way signal is warranted at the intersection of Fairlomas Way, Calmoor Street, and Sweetwater Road. The attached Public Works Department memo indicates agreement with this determination. The Public Works Department has requested funds to pay for both the signal and the restriping in the FY 02-03 budget. Since the circumstances justifying the traffic signal are preexisting and not created by the new development, it is appropriate for the City rather than the developer to fund the installation of the signal. Tentative Map Information The applicant did not revise the tentative map following the February 5 Council meeting. The attached letter from the applicant explains that soils investigations were not conducted for this area; consequently, it is unknown whether additional condominium units would be feasible. The applicant's letter requests approval for the following: • One single-family lot rather than the two previously proposed • Up to ten additional condominium units around the knoll, if proven feasible The applicant's proposal would better comply with the approved Specific Plan for the site, since it would decrease the number of single-family lots, which were not shown in the Specific Plan, and potentially increase the number of total units to 175 as previously approved. If Council wishes to see additional units in the area of the knoll, staff recommends a condition requiring submittal of a revised site plan requiring Planning Director approval. The applicant has also suggested a willingness to address property owner concerns regarding a variety of issues in the "Adjacent Property Owner Concerns" summary handed out at the February 5 meeting and attached with the applicant's March 4 letter. The measures, any or all of which could be required as conditions of approval, are as follows: • Provide a two -car garage and an additional adjacent parking space for the single- family home • Provide wrought -iron fencing with pilasters along the rear property line • At the rear property line, plant smaller trees or locate trees farther from the property line to avoid obstructing views • Provide the owner of 3526 Putter Drive $1,500 to fund additional fencing and/or dual -glazed windows • Provide 10 feet of additional access to the property at 3520 Putter Drive and install fencing along a portion of the boundary between the lots Other Recently submitted letters from a neighbor and the Sweetwater Valley Civic Association are attached. The letters describes concerns regarding traffic, possible impacts on septic systems, the two single-family lots, and views. City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 MEMORANDUM Date: March 4, 2002 To: Planning Department From: Michael J. Long, Associateci��Civil Engineer Via: Stephen M. Kirkpatricl�Assistant Director of Public Works/Engineering SUBJECT: Proposed Traffic Signal Installation and re -striping of Sweetwater Road from Plaza Bonita Road to Plaza Bonita Center Way On February 5, 2002, the City Council of National City requested additional research to determine if a traffic signal installed at the intersection of Sweetwater Road and Fairlomas/Calmoor Streets is warranted. Urban Systems Associates, Inc. performed traffic counts at that intersection and has determined that a peak hour signal warrant can be met. The Public Works Department's Engineering Division has reviewed and concurs with the warrant provided by Urban Systems Associates, Inc. In addition to the signal installation, the Public Works Department is proposing the re - striping of Sweetwater Road from Plaza Bonita Road to Plaza Bonita Center Way outside of the limits of the proposed condominium project west of Calmoor Street. This striping will provide four lanes of traffic with adequate turn pockets throughout this stretch of FHWA functionally classified arterial. The Public Works Department has coordinated its efforts with Urban Systems Associates, Inc. and the preliniinary signal and striping plans are incorporated into the developers proposed plan sheets. The Public Works Departmenthas requested a budget of $150,000 in FY 02-03 to provide for the design and construction of the warranted traffic signal in addition to the re - striping. ® Recycled Paper March 4, 2002 SENT VIA FACSIMILE (619.336.4321) & U.S. MAIL Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950-430I Re: Bonita Sweetwater Condominium Project City of National City File No. SP-2001-2 Dear Jon: Of the issues raised in the presentation of our Bonita Sweetwater Condominium Project before the City of National City Council hearing on February 5, 2002, the Council identified two (2) issues, traffic on Sweetwater Road and the two (2) lots off of Putter Drive, which they asked the Applicant, Whitaker Investment Corporation, to address. Traffic on Sweetwater Road -- On February 7, 2002, our traffic consultant, Andy Schlaefli of Urban Systems Associates, and I met with Mr. Stephen Kirkpatrick, Mr. Michael Long, Mr. Adam Landa (Engineering Department representatives) and Jon Cain, Associate Planner. We discussed the issues relating to traffic and safety on Sweetwater Road and determined that, in order to assist the Engineering Department to address these issues, additional studies on street widening, striping and a potential location for a traffic signal will be needed. I instructed Urban Systems Associates, at the Applicant's cost and expense, to work with the Engineering Department to develop the necessary traffic studies, striping plans and a conceptual signal layout. It was indicated at the meeting that the City of National City would apply for and use funds from the "gas -tax" to fund the signal light and any other improvements to Sweetwater Road which were beyond the boundaries of our Property. On February 27th, Urban Systems Associates delivered the final requested and required documents to the Engineering Department and Staff has apprised me that these documents address the issues raised by the City Council. Two (2) Lots off Putter Drive -- Certain members of the Council expressed reservations about the two (2) lots accessed by an easement off of Putter Drive. For the record, the size of the two (2) lots are consistent with the other lots off of Putter Drive (remember: these other lots are in the County of San Diego). There previously were two (2) residential structures on the "knoll" which I documented in my letter and exhibits to Jon Mr. Jon Cain, Assistant Planner Bonita Sweetwater Condominium Project City of National City File No. SP-2001-2 March 4, 2002 Page 2 Cain on October 15, 2001. As verified by the adjoining property owners on Putter Drive, these structures were removed as historical structures and relocated elsewhere. The easement in question provided access to these structures prior to their removal. In essence, the pre-existing use of this property justifies these two (2) lots. The neighbors expressed concerns regarding possible noise from traffic, parking issues, and fire safety issues relating to access to these two (2) lots. In my "Adjacent Property Owner Concerns" document which I issued to the Council on February 5th (copy attached hereto), I addressed the potential traffic noise and parking concerns and made concessions to the property owners. In regards to the access for fire vehicles, our engineer, REC consulting has met with Deputy Fire Marshall Burriss and has come to an understanding of what has to be designed in and about these two (2) lots to accommodate the fire and safety issues, including, but not limited to, a fire hydrant located at the end of the easement to service the two (2) lots, a "hammerhead" to accommodate the turn- around for the emergency vehicles, and potential fire sprinkler systems for each of the residences to be constructed on these lots. Despite conforming to all the Planning Department, Engineering Department and Fire Department requirements for these two (2) lots, the Council still had reservations about these two (2) lots and suggested that the Applicant look at putting additional units, up to the maximum 175 under the Specific Plan Amendment previously passed by the Council, in and about the "knoll" area where the two (2) lots were located. The two (2) lots are an essential financial component of the development of this Project. As the Applicant has not conducted soils investigation on the sides of the knoll, the feasibility of the development of additional units in and about the "knoll" is, at this time, uncertain. The Applicant, in order to meet its economics for the development of the site, address the unknown risks associated with the development of the "knoll" area, and forge a compromise with the City Council, proposes to scale back the two (2) lots to one (1) lot, not to exceed 10,000 gross square feet, on the condition the City Council will allow the development of additional condominium units, if feasible, in the "knoll" area up to the maximum allowed under the SPA. The Tentative Map currently has 164 condominium units and two (2) single family lots, for a total of 166 units; under the foregoing compromise, the Tentative Map would have one (1) single family lot, 164 condominium units and a condition that would grant the Applicant an additional ten (10) condominium units to be constructed in the "knoll" area, if feasible. Mr. Jon Cain, Assistant Planner Bonita Sweetwater Condominium Project City of National City File No. SP-2001-2 March 4, 2002 Page 3 The foregoing represents a reasonable compromise for the following reasons. 1. The single family residence to be constructed on the lot would represent a "buffer" between the existing single family residences and the units to be constructed on the "knoll". 2. The one (1) lot would provide access for the fire and life vehicles and services for the "knoll" and the adjacent property owner at 3520 Putter Drive whose property is at the end of the same easement which services the one (1) lot. 3. The one (1) lot would be consistent in size and character to the other lots in and about Putter Drive. 4. Despite having the scope of the project on the "knoll" downsized by half, the Applicant will abide its concessions to the adjacent property owners in its previously issued "Adjacent Property Owner Concerns". I believe the foregoing evidences a good faith effort on behalf of the Applicant to resolve the City Council's and adjacent property owner concerns while still delivering the needed for -sale housing units for the residents of the City of National City. Please do not hesitate to call me at 619.238.1832, ext. 103 if you have any questions. Eric cc: Daniel Whitaker 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 Department, 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. 7 40 PLANNING a TRAFFIC ENGINEERING, MARKETING a PROJECT SUPPORT CONSULTANTS TO INDUSTRY AND GOVERNMENT URBAN SYSTEMS ASSOCIATES, INC. MEMO TO: Mike Long phone : • fax : • COMPANY: City Of Nation C' 619-336-4-380 619-336-4376 FROM: Andrew P. S TOTAL PAGES (including this page): 4 DATE: February 19, 2002 TIME: 2:28 pm JOB NUMBER: 004201 SUBJECT: SIGNAL WARRANTS FOR SWEETWATER ROAD/CALMOOR-FAIRLOMAS (E) Confidential Communications This fax memo is intended for the recipient named above. Unless otherwise expressly indicated, this entire communication is confidential and privileged information. If you are not the intended recipient, do not disclose, copy, distribute or use This information. If you received this transmission in error, please notify us immediately by telephone, at our expense and destr uy the information. Background During public testimony and council discussion February 5, 2002, Case #S 2001-2, there was a request to evaluate the need for a traffic signal. We have completed our evaluation of warrants and find that a peak hour signal warrant can be met. Following is a summary of our evaluation and the signal warrant analysis. Calmoor Traffic First, with regard to traffic loads from Calmoor, there are thirty-two (32) homes that would use the proposed signal. During the AM peak, traffic entering the Sweetwater(Calmoor intersection would average about nineteen (19) vehicles, which is far less than the peak hour warrant requirement of seventy-five (75) vehicles. We therefore evaluated traffic from Fairlomas on the north side of Sweetwater Road. An AM peak traffic count was obtained on Tuesday February 12, 2002. There are about 105 units served by Fairlomas (W), Fairlomas (E) and Fairlomas Way. Attachment 1 shows the results of our traffic count. As shown on Attachment 1, today we have about forty-eight (48) AM peak trips leaving the development via Fairlomas East. If a signal were to be put in at Fairlomas (E) and Calmoor, we would expect that existing traffic would redistribute to the Fairlomas East access because the signal would provide protected left turns out of the subdivision which is not provided now. We also observed some vehicles making lefts had to wait for one to two minutes Ifyou do not receive all the pages or if any portions of the transmission are illegible, please call immediately (858) 560-4911 #004201 i r Page 1 C:\OFFICE 2002\4201-21902-aps.wpd/disk 4540 KEARNY VILLA ROAD, SUITE 106 • SAN DIEGO, CA 92123-1573 • (858) 560-4911 • FAx (858) 560-9734 Mike Long Urban Systems Associates, Inc. February 19, 2002 before safely exiting. This would also suggest that traffic would redistribute to a signal to avoid the delay at unsignalized intersections. Traffic Redistribution Due to a New Signal If all the left turns at Fairlomas (W) and Fairlomas Way (22-vehicles) and one-half the right turns at Fairlomas Way (9-vehicles) were to redistribute to a new signal at Fairlomas East, then the peak hour volume entering at the new signal would be 48 + 22 + 9 = 79 vehicles. Signal Warrant Attachment 2 shows the peak hour traffic signal warrant used for our analysis. Recent traffic counts on Sweetwater Road determined there were 12,104 average daily trips. Based on a ten (10%) percent peak, 1,210 vehicles per hour would be expected on Sweetwater Road. Using 1,210 peak vehicles on Sweetwater Road and seventy-nine (79) vehicles on Fairlomas East, the signal warrant is met. See plotted volumes as derived above on Attachment 2. Accidents In addition to warrants, residents expressed concerns about safety and accidents. The city safety records were reviewed and only one reportable rear end accident was reported for the area during the last two and one-half (2-%) years. Typically, rear end accidents are not the type of accident that is correctable by the installation of traffic signal. Please let us know if you have any questions or need any other information regarding our evaluation of the need for a traffic signal at Fairlomas (East) - Calmoor and Sweetwater Road. Cc: Eric Dye, Whitaker Investment 619-531-1783 ,Jon Cain, City Of National City 619-336-4321 #004201 Page 2 C:\OFFICE_2002\4201-21902 aps.wpd/disk ATTACHMENT 1 Traffic Counts & Re -Distribution to Project Access Points LEGEND XX CDM 1201-EiN4bb.dem = AM Peak Hour Exiting Vehicles, 2/12/02 = AM Peak Exiting Vehicles - After Redistribution Due to Traffic Signal Installation Traffic Manual ATTACHMENT 2 TRAFFIC SIGNALS AND LIGHTING 9-15 500 > 400 to 100 S 0 Figure 9-9 PEAK HOUR VOLUME WARRANT (Rural Areas) 2 OR MORE LANES I (MAJOR) I & 2 OR I MORE LANES I (MINOR) I 2 OR MORE LANES (MAJOR) & 1 LANE (MINOR) OR 1 LANE (MAJOR) & 2 OR MORE LANES (MINOR) Warrant is Met 1 LANE (MAJOR) & 1 LANE (MINOR) 00 400 50 79 VPH on Fairlomas East CO -A 4201-E4ibih.Jp 0 600 700 800 900 1000 1100 1200 1300 MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH 1210 VPH on Sweetwater * NOTE: 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 7S VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MOM STREET APPROACHING WITH ONE LANE. EXHIB. Looking West on Sweetwater Road - Calmoor to Fairlomas (W) Looking West on Sweetwater at Calmoor / Fairlomas (E) Looking West on Sweetwater Along Project Frontage Looking West on Sweetwater Along Project Frontage Looking Weat on Sweetwater at Fairlomas (W) URBAN SYSTEMS ASSOCIATES, INC. CD-u 42Os -Ext t t, ay EXHIBl. —1 Looking East on Sweetwater Road - Ring Road to Fairlomas (E) Looking East on 8weetwater Along Project Frontage CD-61 420 1.61iftrts coop Looking East on Sweetwater at Fairlamas (W) Looking East on Sweetwater at Fairlomas (E) URBAN SYSTEMS ASSOCIATES, INC EXHIBI ..; Sweetwater Road - Calmoor Street to Plaza Bonita Center Way Looking East on Sweetwater at Calmoor Looking West on Sweetwater at Plaza Bonita Center Way Looking East on Sweetwater at County Line Looking West on Sweetwater at County Line CD4/4101-Exhimb.0wq URBAN SYSTEMS ASSOCIATES, INC. CGi February 23. 2002 To: From: The City Council of the City of National City 1243 National City Boulevard National City. CA 91950-4397 Richard C. and Phyllis D. Beall 3509 Putter Drive Bonita, CA 91902 Subject: Cate File S-2001-2 164-condo project to be located on Sweetwater Road Dear Council Members, My wife and I own property at the above address, which is immediately adjacent to the subject property on the southwestern boundary, with approximately 250 feet of common boundary. We have no problem with the proposed project with the exception of the following: 1. Recommend no trees or large shrubs be planted within 20 feet of the property lines on Putter Drive and Crela Street. Those planted should not be expected to grow higher than the rooftops of the proposed condos. This simple request will preserve the views of the affected property owners. 2. Request Sweetwater Road is widened to four lanes with suitable shoulders, turning lanes, etc. from Plaza Bonita to at least the intersection with the access road to Highway 54, not lust in front of the proposed condo project. Such widening should be accomplished concurrent with the completion of the condo project. Part of this area is already four lanes. Leaving a "bottleneck" at each end will not handle the increased traffic flow. This section is currently a problem, as discussed at the last council meeting on February 5th. 3. Request lot 8 that is currently accessible from an 16 foot private easement off Putter Drive be designated "open space" as in a plan approved by your council in 1990. Building two more houses behind two other houses already using this narrow easement is a bad idea. Emergency vehicles, utility trucks with their related equipment, delivery vehicles, visitors, etc. would aggravate an existing problem. Sincerely, Richard C. and Phyllis Beall �� March 1, 2002 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Case File No. S-2001-2 Applicant: Whitaker Investment Corp. We wish to comment on the above proposed project and some of the issues already raised. The density of this development will have a great impact on the nearby single-family dwellings. Traffic will unquestionably be a major issue and will not be solved by the developer's minor altering of Sweetwater Road. The residents of Calmoor and Bonita Mesa have already expressed the difficulty of their access. When Plaza Bonita Shopping Center was constructed, the residents of homes on Putter Drive in Bonita experienced failures of their septic/cesspool systems and the subsequent ordeal of constructing sewer lines. Since this development requires considerable grading on the property, we believe the homeowners on Crela and contiguous streets may similarly be impacted and subjected to the same circumstances. Has the developer mitigated this contingency? Since the open space consists mainly of a designated wetland requirement, we would request an increase in the greenbelt area. This would offset the sea of red tile roofs the project proposes. The knoll on the western edge should be kept as open space. We ask that the two single dwellings on this portion be eliminated and no access be constructed from Putter Drive to the development. The total impact of this project on a semi -rural area (traffic, ,visual alterations, intense lighting, construction pollution, retaining walls) is difficult to assess. We ask that National City be a good neighbor and show consideration for the resident of Calmoor and Bonita Mesa. Thank you for your serious consideration of our comments. Respectfully, SWEETWATER VALLEY CIVIC ASSOCIATION DavigtGillespie, President Carol Freno, Neighborhood Director 1 ATTACHMENT II HANDOUTS DISTRIBUTED AT CITY COUNCIL MEETING OF FEBRUARY 5, 2002 DISTRIBUTED BY DEVELOPER @ CITY COUNCIL :'PING OF 2/5/02 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 Department, 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. DISTRIBUTED BY NEIGHBORING PROPERTY OWNER @ CITY COUNCIL MEETING OF 2/5/02 VIRGIL THURMAN NATIONAL CITY COUNCIL MEETING FEBRUARY 5, 2002 WHITAKER CONDO PROJECT 164 CONDOS - 2 SINGLE FAMILY LOTS SUBJECTS TO BE PRESENTED 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 a 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. Respectfully submitted, \?S u4;-t44. 3f.aaS f A ire( t: i%A.;i ce.` n 1 to LII / -r 11044., idita 3542o 6. ��( 2 t L`v, n_ "\cLvk'&\5f T---3 NSW r 011010.0 ASS -- 2 RP;r1 Ys tit: 4,1 C4g,tat IVE 'JAY I rvo sofa) fejka v P4 EMT DAIEvuky Mass A frZ OLD WO BELT., PAtecE LS • -41 ONC 1440of CNC AICESS ts IVO A Move D &MN 1361,wr fr/ PARCELs tiz • 4.• e4 rq44,4'4,;,, ' k'44 —^ ovii—r; SEMENT- DAWCworr Acts. viTtrt DR"' CUL"D•Site _ r. ATTACHMENT III FEBRUARY 5, 2002 COUNCIL REPORT WITH ATTACHMENTS City of National City, California COUNCIL AGENDA STATEMENT 'MEETING DATE February 5, 2002 AGENDA ITEM NO. ___ (-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 BY Jon CainT , 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. L Environmental Review N/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 / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the subdivision. It is anticipated that a resolution will be adopted February 4. y 7 vote. Ayes — Valderl;artla. IILab. Parra. Baca. Detzer Nays — Flores, Reynolds ATTACHMTS I Listed Below 1 1. BackgroundReport 2. Location Map 3. Draft Planning Commission Resolution with Findings and Conditions for Approval A-2C.:"; : `teepartment and Agency Comments 6. EIR Certification (CouncittRiedriitltgSion-Reselutiens)- 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 Application and Applicant's Plans ( Exhibits A-2'd Revision and B) h"f 26D l.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-I-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 was not 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. :s _41134pmAs RD. i SWEEATER ROAD PROJECT SITE CITY BOUNDARY RM-2-PD ZONE BOUNDARY N A LOCATION MAP SOUTH SIDE OF SWEETWATER ROAD EAST OF PLA7A RONITA SHOPPING CFNTFR 5-2001-2 NATIONAL CITY PLANNING 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 1I I 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. j 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, 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. 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 he 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 final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 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 final map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to 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, 2" 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. r 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 01 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 l 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 arc 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. I.1.1.. ( ` NATI PLANNING DlA AR ' SENT City o National City ,�- Department of Public Works stpj ..s*- z: - 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: Burton 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 Department (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. ® 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 REQUIREMENTS 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 final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 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. ALjba2 170port N I LyNA , CITY City o + National City{i `,ter 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 From: Adam Landa, AssistanttaCivil Engineer Via: Stephen Kirkpatricl� 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. AUmla ® Recycled Paper NATIONAL CITY FIRE DEPAMENT 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. AU6 3 0 2001 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR August 17, 2001 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: 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 rbepartment Egineering Department Fire Department - Police Department Pacific Bell Cox Cable San Diego Gas & Electric Sweetwater Authority 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 j /LIe `LQ�i1 IAA Rrrv,•I,•(1 P:mrr r SOT A 'Sempra Energy' company August 30, 2001 Eric Dye Whitaker Investment Corp. 520 West Ash St. Suite 300 San Diego, CA 92101 Dear Eric: Subject: Bonita Sweetwater Condominiums — S-2001-2 San Diego Gas & Electric 8315 Century Park Court San Diego, CA 92123-1550 PLA 580 PROJ# 141938 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 NACIONALCI SENT PLANNING DEPARL 7 L. J1 Mr. Roger G. Post, Director Planning Department City of National City 1243 National City Boulevard National City, CA 91950 (:::., 4 .. S EETWATER AUTHOR 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org 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 POCKLNGTON GEORGE H. WATERS J.S. SKI WOINIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPINir-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 between sewer and water laterals. A Public Water Agency Serving National Cihula Vista and Surrounding Areas l II — 7.� 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 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 -.k,,,,,r,,,,-• iliv,:...: ' IOC' . -*...-. -.4''' s.r.q.,,,,-.:. iOr• , :.::, A ::.--. -_.. - . 1!:: •.'-'---. --,.------- . / "zuli.-4, .:1;.:',.•• i,-,,,,,-- • -•.*:,..,:. :fob- -.,*;• ,-,.'," -- • - -,-' r 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 Dear Mr. Cain, NATIONAL CITY PLANNING DEPARTMEN"i Aisc 3 0 2001 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 Mu1loz at (619) 691-5553. Sincerely Katy Whgh Director of Planning 1130 FIFTH AVENUE CHULA VISTA CA 91911 PHQNE,.(`19)6 33 FAX (619) 420-0339 BOARD OF EDUCATION CHERYL S. COX, Ed.D. LARRY CUNNINGHAM PATRICK A. JUDD BERTHA J. LOPEZ PAMELA B. SMITH SUPERINTENDENT LIBIA S. GIL, PhD. CHULA VTA ELEMENTARY SCHOL 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: NATJO PLANNING DLt'Aiivo;LN iiiiu 2 8 Leol 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;rngs, Ed. ssistant Sup,.; endent for Business Services and Support LB:If RES:lung:LI O. 16,11 5 A RESCEITERVV:INEVETE-COLINCItik ,,. CItY ar Olt 1;!LfffcfRm,:alitErtEln. .''''' '-•s- r , 7 IHE MIL scitemokicatalte141*",CN ME 9I)TH' POW. ..• lode Cit OW& tiOn. :. .-:. i' & a rekurearri: Inc , • sLt -''•:71 - ,:y.:.. titti'-''-' WHEREAS, a Draft Boriroomentlat 'Iect Report OfIltYaea4tiPare0 in addordanoe with the 1 nftTvirt4Quality. Act-(), the State r ,...., CEQA Guidelines and the Nationiifeiti4riVirOorettiil Guidelines; aCril - WHEREAS, a public notet-a4ilability of the draft RER, 2-7 designating a publiczeviee period egitatisn June 29, 1990 was peroidedin accccilance with Section 21092 of the PAic Resources Ctde of the stabs of California; and WHEREAS, a final EIR was prepared in accordanceAdAtrCEQA, Staie*A • Guidelines and the Rational City Envirsonsiental Gaidelines4 and epeeists of the draft EIR, .the list of ocniztiz*is or rigencias commenting on the draft EIR, cOmments: rebefiied mit: the draft ER and responses to cannents; and AHEREAS, on July 2, 1990 the Planning fiat beideduly noticed public hearing and considered the final EiR, at which time staff reported cn the major issues, significant *pinta and mitigatiam, as well aa =meets reoeived from individuals,Organlications, andtpublic agencies on the draft EIR and the responses given thereto; and WHEREAS, the Planning Oommission heard public testimony an the final EIR and adequately addressed such testimony; and WHEREAS, the final EIR identified certain significant ernriromental impacts requiring mitigation; and WHEREAS, the.Pledmaing oommissicri fou-nd thet the proposedvroject would have significant effects wdth rax to44ail quaty, tranaccataticti, school facilities, airqOality, paleenbolOgy and• noiSet_end that changes or altematicns should be requited in, tc"inacirpore* into, the proposed project, which avoid or subitentially lessen the significant environmental effects thereof as identified in the final EIR and as described in the explanation of findings cn file in the Office of the City Clerk as Exhibit "A", and 717 WHEREAS, the Planning Qnmission found that the project will not have a significant effect on the enviteneent with regard to land use, cultural r+esourars, toxic materials, geology, hydrology, biology, Ong, and water quality; and WHEREAS, the Planning Cb mission certified that the final EMI has been caepleted in compliance with the requirements of the California Enviroomahtal Quality Act (C k), State mpA Guidelines and National City Environmental Guidelines; and WHEREAS, the Planning Commission recahmended that the City Council, having final approval authority over the project, make the above findings, and adapt the explanation of findings, certify that, the final EMI has been oaipleted in compliance with CEQA, the State CODA Guideline, and National City Environmental e,idei s; and review and consider the infcamraticn contained in the EER prior to rendering the final decision on project approval, and WHEREAS, the City Council has considered the Final Ewiramental Impact Report and environmental findings and reoanmauhtions of the Planning Qxlnission; NOW, THEEE ORE, BE IT RESOLVED that the City Council finds that the proposed project would have significant but mitigated effects with regard to visual quality, transportation, sdcol facilities, air quality, paleontology and noise, and that flanges or alterations will be required in, or inoorporaated into, the proposed project, whidh avoid or substantially lessen the significant anvir nnental effects thereof as identified in the final ELR and as described in the explanation of findings on file in the office of the City Clerk as Hdhibit "A"; and BE IT RIMER AND FINALLY RESOLVED that the City Qucil certifies that the final ELR has been completed in compliance with the requirements of the California Envitvnaahtal Quality Act Law, State CEQA Guidelines and National City Etvion mahtal Guidelines. PASSED AlD ADOPTED this 21st day of August, 1990. ATYRST: GEORGE H. MAYOR -P.Lp PEOPLES, CITY APPROVED AS SO FORK: 44, GECRGE H. EISER,UI CITY KrICRNEY a. 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, Ypllpaymtt;R,,.19at:ess Councilmen None Councilmen None Councilmen None AUTHENTICATED BY: GEORGE H. WATERS (Seal) By: Mayor of the City of National City, California 4Ol11 MN EligE/.44 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. .Att„ 315 of the City of National City, Calif., passed and adopted by the Council of said City on .Augusi..21...1990 By: lJ\ 8'41- City Clerk of the City of National City, California Deputy - PLANNING COMMISSION RESOLUTION CERTIFYING THE FINAL ENVIROM=AL IMPACT REPORT (EIR) FOR THE POINT BONrrA PROJECT AND CatENTS AND RESPCUSES TO COMENTS ON THE DRAFr ErR (IS-88-55) Note: The final EIR consists of the draft EIR, comments and reccntendations received on the draft E1R, a list of persons, agencies or organizations who commented on the EIR, and any information added toresucnd to significant environmental points raised during the review process. Transalitted for Council consideration July 23, 1990 ROXEOTTEN ND. 21-90 A =CLUE= OF IME PLANDIE cartussico OF THE CITY OF =Taw. cznr, CAIZECERTIA, WOE THE FL ENVIRONTON/FAL IMPACT REPORT PREPARED TER THE ECTITT Paim raw= ICCAIED� HE saint SEC CP' SMERIATER ROAD EAST OF PIAZA ECtaTA. APPLICANF: L & HrEVEZEIRIENT,C. CASE FILE ?O. IS-88-55 ItWEAR a Meet Eavizuenental repeat Report (EDI). was prepared is dance with the Odifacnia Envircreental finality hat (COI), the State MCA Guidelines and the National City Environmental GuidelineS; and VECREAS a public notice of the availability of the draft EIR, designating a public review period erding an June 29, 1990 was provided in accordance with Section 21092 of the Public Resouroas Gode of the State of atlifornia; and WHEREAS a final Ent was prepared in accordance with CEGA, State C Guidelines and the National City Environmental CaddeLines, and consists of the draft ELR, the list of individuals, organizations or agencies =renting on the draft EtI, cements received on the draft EL2 and responses to cements, and IMITAS on July 2, 1990 the Planning Camoission held a duly noticed public hearing . and considered the final ELR, at which time staff reported on the major issues, significant impacts and enitigaticns, as well as comments received from indiviru, organizatiam, and public agencies on the draft EIR and the resparses given thereto; and LIMIPMS the Planning Corraission heard public testimony an the final ELR and adequately addressed such testimony; and ICERDIS the final EXR identified certain significant environmental impacts requiring mitigation; tW, 110707ELIE, BE TT RIMOLVED TEAT the Planning Onenission finds that the proposed project would have significant effects with regard to visual quality, transportation, school facilities, air quality, paleartology and noise, and that changes or alteratiats should be required in, or incorporated into, the proposed project, Quell avoid or substantially lessen the significant environmental effects thereof as identified in the final EIR and as described in the explanation of findings attached and made • a part hereof as Ochibit 'V, and METIER RESOLVED THAT the Planning Ct/mission finis that the project will not have a significant effect an the environment with regard to land use, cultural resources, to:cic Eateriels, geology, hydrology, biology, • shadadng, and water quality; and PORT= MHZ= THAT the Planting Ccreoission certifies that the final Elk has been completed in carplianoe with the requirements of the California Environmental Quality Act KEW, State OXY1 Midelinas and Naticrsl City Dwironental Guidelines; and PIEHNER =KV= ISAT the Placating Onsuissirn reommends that the City Emtaxdl, having final approval authority over the rcoject, este the above findings, and act pt the explanation of findings, certify that the final MR has teen templets! in covalence with =A, the State CECA Guidelines, and National City Enviranental Guidelines, and review and consider the information contained in the =Rolm to rendering the final demisica on ;cadent approval. PENALLY RESOLVE) THAT copies of this Resolution be transaitted forthwith to the applicant and to the City Cbuncil. CaRTIFICATICN: This certifies that this Resolution was adopted by the Planning Commission at their meeting of July 16, 1990 by the following vote: AY: Ladd. Detzer, Aguilera, Godahalk NAYS: AMAIN: Hood AT: Beam. Zarate 117 ErtiIBIT A RE9 JL 1TI l ND. 21-90 CASE FILE ND. IS-88-55 EXPLANATICt1 OF FINDINGS 1. Visual (uality A. Impacts The prcoosed project Wald be potentially sensitive from the standpoint of the adjacent established 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 hones, views from the proposed units would look down 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 hones 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 hones. 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 Chula Vista City Sdhool 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.project will 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 irrects to school 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 Develapnent 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 I-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) Ridesharing, 2) Bicycling, 3) Transit, and 4) t ]king. Availability of these tactics is anticipated to reduce potential impacts to air quality to below a level of significance. 5. Paleontolow 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 fassilifemus material. B. Mitigation The potentially significant impacts to fossil remains from site grading can be mitigated by the implementation of a series of oammonly-used measures. They include: 1) retention of a qualified paleontologist, 2) a paleontologist at pre -grade "II-- 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 • Fbur classes of noise effects were identified that would be a;Ated with Project implementation. They include: Future traffic an Sweetwater Road Temporary nuisance noise impacts during site grading and construction Fixed nuisance noise sources within the proposed Planned Unit Development 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 Sweetwater 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. RE9 EUTION NO. 16,316 A PMECEZ1TON OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING AN AMENDMENT TO THE (SAL PLAN AND A SPECIFIC PLAN FOR 175 RESIDENTIAL CONDOMDTaki UNITS ON THE SOUTH Slur: OF SWEETWATER ROAD, EAST OF PLAZA BONIT'A. APPLICANT: L & H DEVELOPMENT, INC. CASE FII£ NOS. GP-4-88/ZC-8-88/SP-1-88 WHEREAS, the City Council considered the reoomneniation and findings of the Planning COmnission 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 Cbuncil considered the recommendation and findings of the Planning Cbnmission 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 Oannission 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 Cbmnission 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 envirorxnental impact remit (IS-88-55): and a WHEREAS, the Cij?r, Council recognizes the neepr nd desirability to conduct reviews of, and consider amendments to, the General Plan to a000nmodate the Changing needs of the a:xrn mity; 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 FURTHER 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 __ a Z: y, BE IT FURTHER RESOLVED that the City Council finds that the specific plan is consistent w h the City's General Plan and 14'' 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 using, 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 RESCUED 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-TL (OG-PD), Residential, Single-family Extendable, with a tentative zone overlay designation of General Commercial -Planned Development, to RM-I-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 Cainmor 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 TT FURTHER RESOLVED that the City Council adopts a specific plan for the 15 acre area with the following conditions: 1. A subdivision map and site development plans, including grading, building, ,landscaping and other inert plans for the condominium project shall be submitted for City approval in conformance to site development plans described in the EIR (1S-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 p 3. Project design modifications and landsca a plans shall be submitted fiiof approval by the Planning CoMMission 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 from site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appwcpriate 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 envirormiental 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, doorjams, 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. ..III. - 4 L{ 7. The subdivision nap for the project shall be submitted to the County Department of Health Services for review. Documentation shall be provided from the County Department of Health Services indicating no adverse effect on adjacent, subsurface sewage disposal systems. The sutrlivider shall provide for sewer oonnecticns 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 minimum of 2" A.C. on 4" A.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 t r L45 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 improverrent plans shall be sUbmitted. Private streets shall be a minimum of 30 ft. wide, except for driveways to garage areas where no on-atreet 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 flow 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 an 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 aopordantAiwith the Building (xiA. for each unit in s g. A fire extinguisher, type 2A:10BC will be required in the recreation building and one at the pool/spa. 10. The following conditions shall be satisfied to improve police security. a. Entry into the complex shall be restricted by an electric operated gate. b. The Association shall agree to remove graffiti from 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 from the project boundary to a central location within the project or ylnsPr to Sweetwater Road. PASSED and AtX PPID this 21st day of August, 1990. GEORGE H. ENTERS, MAYOR ATTEST: ..o.-- rzeui ANNE PEOPLES, CITY Comic APPROVED AS TOtM: G2GE H. EISEt, 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( Inzunza, Pruitt( Van Deventer, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California (Seal) By: 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: City City, California Clerk of the City of National Deputy �4 l January 29, 2002 City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4397 Attention: Reference: Mr. John Cain No. S-2001-2 Whitaker Investment Corporation Bonita Sweetwater Condo Project Dear Mr. Cain, We the undersigned, as residents of Putter Drive, Bonita, ('alifornia 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. Respectfully submitted, �i�f�� 09 2L 5�5 Put 1Te(1)( 36020 �.�-4.. GyyziL,3 L4(1.._ KcLOAA,c(V\5 T- qc1 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 Ld�AT,�N �/ X ,1 1)/4-TA f�v2�`'�S N/' D . RC cou v Ro PER Ott500 4,sr. •!•"- • v: .SWEETWAT ERa ~ SHT j9 1_1153V77-ao I le S' January 2, 2002 NATIONAL CI Y— - PLANNiNG C,.i'AR1'ff 02' 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 NATIONAL, C7TY O; January 1, 2002 City of National City Planning Department 1243 National City Blvd National City, CA 9I950 3606 Fairlomas Road National City, CA. 91950 RE: ease 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, Marsha I,. 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'5 "ZOO Filing Fee $ I • Receipt No.1 `15SCrL Date Received 86l By.-- CAW E.A.F. Required . Fee $ Related Caws SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 5 7° - 3 ZU - V 7 - I Z) / Y -20 PROPERTY LOCATION 5,,,1 t o wA e R v COMBINED GENERAL PLAN/ZONING DESIGNATION -SIDE C' F/C ?l�`kj Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 R OTHER AUTHORIZED REPRESENTATIVE Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed)) application is being filed) Address: —1 Li! 5 / li ss,0", V Y Rdr Address: Sc„7c /09 SAS P/66o CA 9zi08 Phone No. Co 1 °t - (n 3 (3 - 030 S k l 2 Phone No. Fax No. Co - ZE1 `f ' 9 39 Fax No. Date: J 5 • p) Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). .5F6 4774e e J Name: Name: Property owner signatures are available 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 PAPP ? of 1 APPLICANT Name: VN( h t 7A - (Please Signature: ( Ivy Es1mc, T c f� 6R,c DYE (Signature cefies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: S ZU w ASH s7Rofr S�r7C 30d SAti Die&a CM quo/ Phone No. Fax No. Date: Z3 f3-/ 83Z C.,11- 531 - /7s- 5 -v Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 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 5, 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 DEPARTMENT L 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. et Tr Y.O. Box 12440 San Diego, CA 92112-3440 '1el. 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. MI 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. Eric Dye cc: Daniel Whitaker Robert Furey Larry Sillman Enclosures (2) 1 THE SALTERS MANA MENT•CXV1I \NY krving Commonly o iry Auociatiau 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: L 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 fmd 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. Sincere Melin Senior Young, PCAM®, CCAM® ement Consultant San Diego Office - - 2251 San Diego Avenue • Suite A-250 San Diego, CA 921 10-2970 (619) 296-6225 • FAX: (619) 295-9027 - - ---- Temecula Office 27349 Jefferson Avenue • Suite 208 Temecula, CA 92590-5628 (909) 296-1588 • FAX: (909) 296-1590 BEVEN & BROCK a PROPERTY MANAGEMENT COMPANY 10/22/01 f 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 rasa\ 7orLQ7A7 GAY /R7R\ 7QA 1 �Z1 Tre. 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 ..- Pfl Rnv 174411 San Diem). CA 921 12-3440 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. "i^N— 4.4 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 he 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. ti Eric Dye Enclosures (8) II Il ll 1 11„ 1,,,, 11111 January 11, 2002 SENT VIA U.S. MAIL WHITAKER INVESTMENT C 0 R P 0 H A t I O N 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 7th. 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. 4 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, IHlome 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) S 225.00 Monthly Insurance (3) $ 50.00 Monthly Maintenance S 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 S1,800.00 for mid to good quality carpet — Five (5) year reserve cycle EETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 12, 2002 AGENDA ITEM NO. _ 2_ _ _. (-ITEM TITLE PUBLIC HEARING - TO DETERMINE WHETHER THE PUBLIC HEALTH, \ SAFETY OR WELFARE REQUIRE THE FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 21 (PHASE IV) ON HIGHLAND AVENUE FROM 24TH STREET TO 30TH STREET PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION On February 19, 2002, the City Council by Resolution No. 2002-19 set March 12, 2002 as the date for receiving public comments on whether the Public Health, Safety or Welfare require the removal of poles, and overhead wires and the underground installation of wires and facilities for supplying electrical (Distribution System) and communication services on Highland Avenue from 24th Street to 30th Street (Underground Utility District No. 21, Phase IV). Notices of the Public Hearing (attached) have been sent to all of the affected property owners (Exhibit "B"). If the City Council adopts the district (proposed boundaries for the district are shown on Exhibit "A"), staff will prepare a Resolution for the formal establishment of District No. 21 (Phase IV) CEnvironmental Review X_ N/A Financial Statement N/A STAFF RECOMMENDATION Hold the public hearing BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. __ ATTACHMENTS ( Listed Below ) Resolution No... 1. Exhibit "A" Map of Underground Utility District No. 21 (Phase IV) 2. Exhibit "B" list of property owners in District No. 21 (Phase IV) 3. Notice of Public Hearing 4. Resolution No. 2002-19 ph21 .4 540 AVE, 670 676 660 66< 660 740 70 rn in --1 N co rt 0 --I rn .Z) rn F 607 605 617 621 631 643 G AVENUE 705 711 7,5 HIGHLAND O a 528 AVENUE a 606 AVENUE 700 AVENUE a II CO e24 �+ 632 e11 613 z a 923 633 e g a C AVENUE N 621 641 N a 903 917 927 N F a 911 MICHELLI9 CL a 93, AVENUE a AVENUE 910 me 607 —011 617 625 633 Y 715 721 EXHIBIT "B- UNDERGROUND UTILITY DISTRICT NO.21 HIGHLAND AVENUE FROM 24TH STREET TO 30TH STREET PHASE IV OWNERS NAMES BUSINESS A.P.N. AND ADDRESS SITE ADDRESS HOME/OTHER 1. 562-072-03-00 Charles A. & Clara E. Roberts Same Residential 2428 Highland Avenue National City, CA 91950 2. 562-072-04-00 Micheal & Dorthy Marks Same Residential 2432 Highland Avenue National City, CA 91950 3. 562-072-05-00 George A. thy Tr. 2440 Highland Avenue Commercial 511 Highland Avenue National City, CA 91950 4. 562-072-06-00 Robert R. & Francesca L. 'I'r. 2504 Highland Avenue Residential Cruzan Tr. 304 Kimball Ter Chula Vista, CA 91910 5. 562-072-07-00 Ibasco Family Trust 2530 Highland Avenue Commercial 4697 Gaviota Ct. Bonita, CA 91902 6. 562-141-16-00 George A. IJry Tr. 2708 Highland Avenue Commercial 511 Highland Avenue National City, CA 91950 7. 562-141-17-00 Richard A. Hansen 2704 Highland Avenue Commercial 2704 Highland Avenue National City, CA 91950 8. 563-010-04-00 James A. Scheck 2437 Highland Avenue Residential 636 Emory Street Imperial Beach, CA 91932 9. 563-010-06-00 James A. Scheck 2503 Highland Avenue Residential 636 Emory Street Imperial Beach, Ca 91932 10. 563-080-03-00 Baudelio Rodriguez 2627 Highland Avenue Commercial 1824 "B" Avenue National City, CA 91950 11. 563-010-47-00 Highland Avenue Baptist Same Church of Nation • 2605 Highland Avenue National City, CA 91950 OWNERS NAMES A.P.N. AND ADDRESS 12. 563-080-25-00 13. 563-080-04-00 14. 563-080-05-00 15. 563-080-26-00 16. 563-121-05-00 17. 563-121-08-00 18. 563-121-09-00 Maria E. Torres 5701 Calle Felicidad San Diego, CA 92139 William R. & Merrily A. Klaser 617 E. Naples Street Chula Vista, CA 91911 Maria E. Torres 5701 Calle Felicidad San Diego, CA 92139 Zen Mountain Center P.O. Box 43 Mountain Center, CA 92561 Jose F. & Maria I. Martinez 2247 "D" Avenue, #204 National City, CA 91950 Vincent A. & Carmelita Maruca 262 Coralwood Ct Chula Vista, CA 91910 Laurence B. & Lynnell A. Dykes 4201 Coiling Road W. Bonita, CA 91902 19. 563-121-12-00 Laurence B. & Lynnell A. Dykes 4201 Coiling Road W. Bonita, CA 91902 YV:jha D21ph4 SITE ADDRESS BUSINESS HOME/OTHER 2701 Highland Avenue Residential 2637 Highland Avenue Residential 2643 Highland Avenue Residential 2719 Highland Avenue Residential 2827 Highland Avenue Residential 2837 Highland Avenue Commercial 2903 Highland Avenue Commercial 2915 Highland Avenue Commercial City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, March 12, 2002, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT FOR PHASE IV OF UTILITIES DISTRICT NO. 21 FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG HIGHLAND AVENUE FROM 24TH STREET TO 30Th STREET Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: February 25, 2002 Martha L. Alvarez Deputy City Clerk of the City National City, California Rrrvrin1 Panrr Oair RESOLUTION NO. 2002 —19 RESOLUTION ON THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER THE NECESSITY OF CREATING AN UNDERGROUND UTILITIES DISTRICT FOR PHASE IV OF UTILITIES DISTRICT NO.21 FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITIES ALONG HIGHLAND AVENUE FROM 241H STREET TO 30TH STREET WHEREAS, in accordance with National City Ordinance No. 1414, Staff requests a public hearing to ascertain whether the public health, safety and welfare require the removal of the poles and overheard wires, and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of Phase IV of Utility District No. 21. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed fee adjustments is hereby set for 6:00 p.m. on March 12, 2002, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 19e day of February, 2002. ATTEST: APPROVED AS TO FORM George H. Eiser, III City Attorney George H_ s, Mayor Passed and adopted by the Council of the City of National City, California, on February 19, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-19 of the City of National City, California, passed and adopted by the Council of said City on February 19, 2002. By: Deputy ,MEETING DATE ._. City of National City, California COUNCIL AGENDA STATEMENT March 12, 2002 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION RESOLUTION APPROVING AND ADOPTING FINAL BUDGET FOR FISCAL YEAR 2001-02 Tom G. McCabe jADEPARTMENT City Manager The Finance Committee considered the proposed 2001-02 Fiscal Year Budget and on June 19, 2001 by Resolution No. 2001-89, the City Council approved a preliminary budget reflecting the Committee's recommendations and amendments. 1'he Final Budget is now constituted and ready for final adoption. Total budget appropriations are established at S51,651,329, which provides a balanced financial program for the 2001-02 fiscal year. Environmental Review (Financial Statement Final Budget Document X N/A Approved By: _ Finance Director Account No. / STAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2001-02. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2002-26 _ 1. Resolution 2. Preliminary Budget vs. Final Budget Summary of Budget Changes ) RESOLUTION NO. 2002 — 26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING A FINAL BUDGET FOR FISCAL YEAR 2001-02 WHEREAS, the City's Finance Committee has reviewed the proposed budget as submitted by the City Manager; and WHEREAS, by Resolution No. 2001-89 the City Council approved a preliminary City budget for fiscal year 2001-02 on June 19, 2001. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that a final budget for the City of National City is hereby approved for fiscal year 2001-02. A copy of said budget is on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney !FINAL BUDGET Department City Council City Clerk City Clerk -Election City Manager . Revenue & Recovery Fiscal Services General Accounting Services Unemployment Insurance Personnel Compensation City Attorney Planning Personnel General Services Non-Departmentaldity Treasurer Police COPS More Grant Fire Operations Building & Safety Management Information Sys. Risk Management Engineering Public Works -Operation Public Works -Streets Public Works -Sewer Public Works -Refuse Public Works-Fac. Maint. . . Public Works-Eqmt.Maint. Library Library Capital Outlay . ..____.. Emergency Preparedness Parks & Rec. Capital Outlay Recreation Street Trees iviiiTlienance Info. Systems MaintenanceOffice Equip. Depreciation 'Summary of Budget Changes Fiscal Year 2001-02 - Preliminary Budget r Final Budget I Budget Changes I , Council Approved Council Approved (+) or (-) 1,228 Benefits 170,732 173 iBenefits 10,200 0 539,861 525 'Benefits 144,020 271 Benefits 135,59V (1,498)!Benefits 552,716 0 Justification Adjustments Adjustments Adjustments Adjustments Adjustments 38,318 0 .. . _ ._ 0 L 121 Benefits Adjustments 654 II Benefits Adjustments 144 Benefits Adjustments 981 I -Benefits Adjustments 5,000-TDhilippine Independence Day 21,Benefits Adjustments , 12,737,292 __.._.. 12,780,590 ' 43,298 'Compensation Adjustment 26,168 0 (26,168)j_Program Phase Ended . . 4,620,315 I 4,633,966 ! 13,651 Compensation Adjustment 408,613 409,822 1,209 !Benefits Adjustments_ 159,552 I 159,282 (270)IBenefits Adjustments 1,751,680 ... 1,751,719 39 Benefits Adjustments 1,018,709 1,019,692 983 Benefits Adjustments 63,557 63,919 362 , Benefits Adjustments -I-• - • •-- 1,922,073 I 1,930,794 I 8,721 Compensation Adjustment 5,942,090 5,942,478 388 iBenefits Adjustments 162,767 162,767 0 2,129,236 2,131,125 1,889 !Benefits Adjustments 1,463,651 1,464,616 I 965 Benefits Adjustments 1,157,669 1,161,997 4,328 1Compensation Adjustment 56,290 56,29T 0 ' 15,000 15,000 0 . 1,576 1,576 0 I 1,208,185_L 1,218,300 I 10,115 !Compensation Adjustment 2,183 2,183 0 567,524 567,524 0 930,584 I 930,584 ! 0 I 305,824-r 307,052 170,559 10,200 539 336 143,749 137,093 i 552,716 38,318 249,228 249,228 433,196 I 433,317 656,740 657,394 32,300 I 32,444 285,948 286,92 346,300 351,300 28,545 28 572 1FINAI RST022/25/02 Park Maintenance Local Transit C.I.P. POST Fund Productivity Improvement Civic Center Refurbishing_ Telecomm. Rev. Fund Street Trees CDBG Proposition A GRAND TOTAL 806,839 ' 811,644 I 4,805 'Compensation Adjustment 2,132,160 i . . 2,132,660 _ 500 ICompensation Adjustment 6,952,467 6,800,135 L - (152,332)'Completed Projects 100,000 1 100,000 • 0 1 15,000 — 15,000 [ Ti 200,000 I 200,000 0 I-- 219,689 ----• • , •-• --- 209,951 ' (9,738) Internel Service Adjustment 95,328 1 95,328 0.1 175,059 0 I (175,059j)Moved to CIP Projects 01 944,709 944,709 'Compensation Adjustment/Capital 50,971,308 - 51,651,329! 680,021 1'Outlay •—• L__ 2FINALBGT022/25/02 City of National City, California COUNCIL AGENDA STATEMENT rAEETING DATE _March 12, 2002 _ AGENDA ITEM NO. 4 ITEM TiT" RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW PREPARED BY Park Morse, ACM EXPLANATION DEPARTMENT - City Manager The Maytime Band Review Corporation has requested funding appropriated in the 2001-02 Fiscal Year budget. A proposed Agreement has been submitted for consideration and adoption. The Agreement proposes $13,000 in compensation in return for the various advertising services provided by the Corporation. Insurance and the City's ad in the Program are covered within this amount. Environmental Review X N/A / Firancya! Statement Approved By: Al Finance Director, Funds in the amount of $13,000 are budgeted in Account 001-409-000-650-9 (Maytime Band Review) Account No. _ STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed 'Below ) 1. Resolution 2. Letter & Proposed Contract Resolution No. 2002727 RESOLUTION NO. 2002 — 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MAYTIME BAND REVIEW CORPORATION WHEREAS, the Government Code of the State of California authorizes the City to spend funds for promotional activities; and WHEREAS, the Maytime Band Review Corporation has special expertise and knowledge in sponsoring the annual Maytime Band Review, which publicizes and promotes the City of National City; and WHEREAS, the City of National City desires to enter into an Agreement with the Maytime Band Review Corporation to direct and sponsor the 2002 Maytime Band Review, for the sum of $13,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the Maytime Band Review Corporation to direct and sponsor the 2002 Maytime Band Review. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY. CALIFORNIA _y. Phonc: (619) 477-9339 (619)475-6124 Fax: (619)475-6124 February 25. 2002 Mr. Tom McCabe, City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Tom: P.O. Box 1298 National City. CA 91951 Enclosed is our City Advertising Contract for 2001-2002 in accordance with the budgeted amount for the 2002 Maytime Band Review. As stated in the contract, we will bill the City in three installments after the contract is officially adopted by the City council. The 55th Annual Maytime Band Review will take place on Saturday, May 4, 2002. Respectfully submitted, Edith A. Hughes Executive Director r .. CONTRACT BETWEEN CITY OF NATIONAL CITY AND MAYTIME BAND REVIEW CORPORATION THIS AGREEMENT, entered into this _ day of , 2002 by and between the City of National City, California, a municipal corporation in the County of San Diego, State of California, hereinafter designated as "CITY" and Maytime Band Review Corporation, a California corporation, hereinafter designated as "ADVERTISER". WITNESSETH WHEREAS, ADVERTISER has special experience and knowledge in directing and sponsoring the Annual Maytime Band Review for the City of National City, and WHEREAS, it is the desire of the CITY to employ said Maytime Band Review Corporation as its agent for the purpose of advertising the City, all pursuant to the Government Code of the State of California, and WHEREAS, it has been found by said City that the annual Maytime Band Review will publicize and advertise said City, the City Council does further find and does hereby determine that the expenditure of the sum of $13,000.00 for the conducting of the Maytime Band Review is proper for the purpose hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. That the CITY hereby agrees to pay ADVERTISER the sum of $13,000.00 (thirteen thousand dollars) subject to the terms, conditions and restrictions imposed by the agreement; 2. CITY agrees to pay ADVERTISER, said sum in three installments o'f $4,333.33 on or before March 1, and April 1, and $4,333.34 on May 1. All such sums paid to be substantiated by itemized statement of monies actually spent or liabilities incurred; 3. That said sum includes funds required by ADVERTISER to furnish necessary insurance for the Maytime Band Review and for the CITY's ad in the souvenir program; 4. That the term of this agreement shall expire on June 30, 2002; 5. That it is hereby mutually agreed that no part of any money paid by the CITY to ADVERTISER shall ever by used to pay any part of the salaries of its officers; 6. That the ADVERTISER will have full control and authority in producing and putting on the Maytime Band Review. The CITY shall review and approve all parade routes and shall separately authorize any auxiliary use of City facilities such as parks, buildings, or other public property; 7. It is distinctly understood and agreed that the entire sum paid ADVERTISER by CITY pursuant to this agreement shall actually be paid out by ADVERTISER for the sole purpose of conducting the activities in promoting and producing the Maytime Band Review, 8. That additional monies received from sale of souvenir program, concessions and bleachers over and above the cost of putting on the Maytime Band Review may be retained by the Maytime Band Review Corporation; 9. The ADVERTISER 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 ADVERTISER's performance of this Agreement. IN WITNESS WHEREOF, said CITY has caused this agreement to be executed by its Mayor and attested by its City Clerk and ADVERTISER has caused this agreement to be executed by its President and its Secretary thereto duly authorized, the day and year in this instrument first written. — Signature Page to Follow — 2 Maytime Band Review Agreement (Signature Page) ATTEST: CITY OF NATIONAL CITY A Municipal Corporation City Clerk By: Mayor MAYTIME BAND REVIEW CORPORATION A California Corporation 3 ---7-2&--C2--Q-__. By , .--- Anne Campbell, Preside By isac‹,:4,i d;v ! Louise Martin, Secretary Mailing address: P.O. Box 1298 National City, CA 91951 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 12, 2002 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TRANSFERRING FUNDS FROM PARK MAINTENANCE UNDESIGNATED FUND BALANCE ACCOUNT TO PARKS CONTRACT SERVICES PREPARED BY J. Ruiz EXPLANATION DEPARTMENT Parks & Recreation As the council will recall, funds were budgeted for the planting of street trees throughout the City at the last budget workshop. Staff has developed a plan to have approximately 150 trees planted by an independent contractor. The attached gives general location of the tree planting throughout the City. Cost - $30,000 9 Environmental Review N/A Financial Statement Funds available in Fund 105-2501 Transfer to Park Contract Services 105-442-000-299 Approved By: Account No. _ _ /'STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below Resolution Tree Locations Resolution No. 2002-28 RESOLUTION NO. 2002 — 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $30,000 FROM PARK MAINTENANCE UNDESIGNATED FUND BALANCE 105-2501 TO PARK CONTRACT SERVICES FUND 105-442-000-299-0000 WHEREAS, a transfer of funds from the Undesignated Fund Balance to Park Contract Services is necessary to fund the planting of approximately 150 tress throughout the city by an independent contractor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 105-2501 Park Maintenance Undesignated Fund Balance TO: Account No. 105-442-000-299-0000 Park Contract Fund TOTAL AMOUNT: $30,000 To fund the planting of approximately 150 trees by an independent contractor. PASSED and ADOPTED this 12th day of March, 2002. PURPOSE: George H. Waters, Mayor A fA El EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: n teke; George H. Eiser, III City Attorney City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 STREET TREE PLANTING PLAN Contractor to purchase and install 24" box trees at the following entrances to the City (50 trees): "805" and Plaza Islands 8th Street and "5" Off Ramp National City Blve & 1st Civic Center Drive (west end) Palm & Division Welcome Sign Palm & "805" Islands Contractor to purchase and install approximately 100 fifteen gallon trees at various residential locations. Locations primarily between National City Blvd and Palm, from 4th Street to 8th Street. ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12 , 2002 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF PLAYGROUND EQUIPMENT FROM MIRACLE EQUIPMENT. PREPARED BY Jim Ruiz EXPLANATION See Attachment. DEPARTMENT Parks & Recreation Environmental Review XX N/A Financial Statement Funds available in F Y 01-02 C.I.P. Budget. >STAFF RECOMMENDATION Approved By: Fice nreclor //301-409-500-5'8-4114 Account No. _. Award bid to Miracle Equipment and authority be given to Purchasing Agent to issue purchase order. BOARD/ COMMISSION RECOMMENDATION Approval. ATTACHMENTS ( Listed Below) Resolution No, 2002_29 Resolution Drawings ATTACHMENT The Parks Department is in need of playground equipment for Sweetwater Heights Park and Kimball Park (see attached drawings). Similar equipment has been purchased from Miracle Playground Equipment in the past, as sole source, and it has been determined to be superior in terms of quality and vandal resistant construction. It has previously been determined that this product is competitively priced. For ease of maintenance and future repairs, it is important to maintain compatibility between the existing parks equipment and the new equipment to be purchased. It is strongly recommended that the new equipment be purchased from the same vendor who provided and installed our existing playground equipment. Purchasing Ordinance #1480, section 12, subsection a(2), allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. Purchasing Ordinance #1480, section 12, subsection a(3), allows the bid process to be waived when the commodity being purchased is required to match or be compatible with other equipment presently on hand, and the purchase is made from the supplier who originally supplied such equipment. Purchasing Ordinance #1480, section 12, subsection a(4), allows the City Council to determine that special circumstances exist, and that it is in the City's best interest to waive the bid process. Total amount of award to Miracle Playground Equipment will be S99,935.78. The price includes the new equipment, freight, assembly/installation, ADA compliance, fiber cloth/woodchip underlayment, necessary curbs and disassembly of old equipment. RESOLUTION NO. 2002 — 29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SOLE SOURCE PURCHASE OF PLAYGROUND EQUIPMENT FROM MIRACLE EQUIPMENT WHEREAS, the National City Parks and Recreation Department is in need of playground equipment for Sweetwater Heights Park and Kimball Park; and WHEREAS, similar playground equipment has been purchased from Miracle Playground Equipment in the past, as sole source, and it has been determined to be superior in terms of quality and vandal resistant construction and is competitively priced; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City, a purchase order between the City of National City and Miracle Playground Equipment for playground equipment for Sweetwater Heights Park and Kimball Park. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Sweetwater Earthwork Operations 91 CY's of D.G., Sand & Debris to be Removed to a 12" Minimum Depth (By Others) ADA Concrete Ramp w/ Transition Pad Existing Walkway to Remain 56' Ex. Play Equipment to be Removed (By Others) pltorrOor oliose ;Cawl;Ni+aAor pu6Drod$rtqngadq equipment desigMd for: School Age Children There can be large disparities In the abides of children of dmllar ogee. Ponnte mut be responsible for limiting their children to thou octMRlee that are appropriate and safe for ter chlicAlr vnlg0rw IndMduol obIIWs. AN ENERGY ABSORBING MIOIECTh'E SURFACE is REOUIREO MOUND ALL NAY STSRIp. Heights Park — Playground National City, California 10397SD Sweetwater Heights.dwg _nuary 28, -2002" —7' MIN -- Improvements Protective Play Area Engineered Wood Fiber 2,461 Sq.Ft. (118 CY's) 12" Depth + 30% Compaction Subsurface Drainage Improvements 25 Lineal Feet of 4" Solid Pipe (Drain to Daylight) Protective Play Area Geotextile Cloth 2,953 Square Feet (100% Coverage + 20, Overlap) North MIRACLE Protective Play Area Subsurface Drainage Engineered Wood Fiber Improvements 4,561 Sq.Ft. (220 CY's) 15 Lineal Feet 12" Depth + 30% Compaction of 4" Solid Pipe (Drain to Ex. Drain Box) Protective Play Area &Lotto -tile Cloth Ex. Play Equipment 5,475 Square Feet to be Remove.- (100% Coverage + 20% (By Others) Overlap) Earthwork Operations 169 CY's of D.O., Sand Debris to be Removed to a 12" Minimum Dep (By Others) " 0•••."."6=1: Ion PRESCHOOL AOE At SCHOOL ACE CHILDREN Th.. 4GIVI:X* 65.•81•6 W. &Mr at .4"r" IMO 0111Cn Is fro solfolIte ant wal sok ler %dr ohnim's owleo• end WM*. MI DOW 101.15110 soma s mum MOUIC M RAr itInDll MIRACLE imball Park — Playground Improvements National City, California 10401SD_Ximball Park.dw, anuary 31. -‘2 — Concrete Curb Replacement 6" Wide x 12" High 46 Lineal Feet iWood Bollards to be Removed By Others) Protective PI Engineered Wood Fiber 2,204 Sq.Ft. (106 Crs) 12" Depth + 30% Compaction Protective Play Area aeotextile Cloth 2,645 Square Feet (100% Coverage + 20% Overlap) Earthwork Operations 82 CY's of O.G., Sand & Debris to be Removed to a 12" Minimum Depth (By Others) Subsurface Drainage Improvements 25 Lineal Feet of 4" Solid Pipe (Drain to Ex. Drain Box) North City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. _ 7 (ITEM TITLE L.._ BOARD !COMMISSION RECOMMENDATION PREPARED BY EXPLANATION RESOLUTION TO PROPERLY IDENTIFY THE VENDOR ON A PREVIOUSLY AUTHORIZED PURCHASE OF RACAL VOICE LOGGING RECORDER. DEPARTMENT Lt. Keith Fifield Police g Resolution No. 2001-192 dated December 4, 2001, authorized the appropriation of FY 2000/2001 Supplemental Law Enforcement funds for various technology and equipment purchases. One of the items approved for 'sole source' purchase was a 24-Channel Worldnet Series II Voice Logging Recorder. Page 2 of the referenced Resolution stated that the department wanted to 'sole source this item through Racal'. However, Racal is the manufacturer and they do not sell direct. The only authorized dealer in Southern California for this product is Versatile Information Products, Inc. This resolution is meant to clarify the name of the awarded vendor. (Continued). See attachment. Environmental Review i=inanoia6' Statement Funds are available and approved in the 2000/2001 Supplemental Law Enforcement Services Fund per resolution No. 2001-192. Acct. #208-411-000-515 777)7% Account No. __. XX_- NIA 'RkalieAs1) 1•415 STAFF RECOMMENDATION That the award be made to Versatile Information Products Inc. and that authority be given to the Purchasing Agent to issue the resulting purchase order. N/A ATTACHMENTS ( Listed Below Resolution continued. Resolution No. 2002-30 Page 2 Attachment (Resolution Continued) Waiver of the bid process was justified as follows: Purchasing Ordinance #1480, section 12, subsection a(2), allows the bid process to be waived when the commodity being purchased can only be obtained from one vendor. Purchasing Ordinance #1480, section 12, subsection a(4), allows the City Council to determine that special circumstances exist, and that it is in the City's best interest to waive the bid process. The total amount of the award is estimated to be $45,000 and includes the recorder, installation, delivery, training, 24-hour service contract and tax. It has been determined by the police department that this product is competitively priced. RESOLUTION NO. 2002 — 30 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SOLE SOURCE PURCHASE OF A VOICE LOGGING RECORDER FROM VERSATILE INFORMATION PRODUCTS, INC. WHEREAS, the National City Police Department is in need of a 24-Channel Worldnet Series II voice logging recorder; and WHEREAS, Versatile Information Products, Inc. is the only authorized dealer for this product in Southern California; and WHEREAS, pursuant to National City Municipal Code Section 2.60.220(B), the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City, a purchase order between the City of National City and Versatile Information Products, Inc. for a 24-Channel Worldnet Series II voice logging recorder. PASSED and ADOPTED this 12t day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE . _._ rch 12, 2002 AGENDA ITEM NO. (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT WITH AMERICAN GOLF CORPORATION PERTAINING TO FEES AT THE GOLF COURSE. PREPARED BY EXPLANATION Jim Ruiz / DEPARTMENT Parks & Recreation Attached letter from the General Manager of the National City Golf Course requests an increase in fees for the golf course to be effective April 1, 2002. The average increase is $1 for nine holes. The last increase in fees was February, 1999, three years ago. These requested increases will still result in our fees being the lowest in the County. The letter also explains recent course improvements and capital improvements for 2002. Environmental Review x N/A Financial Statement N/A Approved By: — _ _ Finance Director Account No. STAFF RECOMMENDATION Approval BOARD / COMMISSION RECOMMENDATION Approval ATTACHMENTS ( Listed Below Letter from American Golf Resolution No. 2002-31 RESOLUTION NO. 2002 — 31 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AMERICAN GOLF CORPORATION PERTAINING TO FEES AT THE LAS PALMAS MUNICIPAL GOLF COURSE WHEREAS, on May 3, 1984, the City and American Golf Corporation entered into a "Lease and Operating Agreement for the Las Palmas Municipal Golf Course," and said Agreement was subsequently amended on various dates, with the last amendment occurring on February 1, 1999; and WHEREAS, the City and American Golf Corporation desire to amend Paragraph 10.2.A of said Agreement pertaining to fees, to be effective April 1, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement with American Golf Corporation pertaining to fees at the Las Palmas Municipal Golf Course. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: 73 itaa.Z lac George H. Eiser, III City Attorney National City Golf' Course American Golf Corporation 1439 Sweetwater Road• National City. CA 91950 February 15. 2002 Mr. Jim Ruiz Director, Parks and Recreation City of National City 140 E. l2'1' Street, Suite A National City, CA 91950 Dear Jim: As per our conversation regarding the 2002 rates at National City Golf Course. American Golf Corporation would like to propose a fee increase effective April I. 2002. I have outlined below the 2000-2001 Course Improvements, 2002 Capital Improvements. attached the 2002 Proposed Rate Schedule and Comparable Rate Survey. 2000-2001 Course Improvements: • Irrigation replacement o.n fairways 1.3,5,7, and 8. • Sod replacement on tees 4, 7 and 8. • Sod replacement on fairways 7 and 8. • Irrigation system installed at the entrance along Sweetwater Road. • Replaced water pump station on the #3 tee. • Re -painted the ceiling inside the clubhouse. • Roof repair on the clubhouse building. • Air conditioner replacement in the clubhouse. 2002 Capital Improvements: • Replacing tile in clubhouse restrooms. • New sand for the sand traps. • Irrigation improvements. • Control valve for the pump station • Replacing fence by the swimming pool on the 6th hole. 238,000 budgeted for completion of these projects. Jim, please call me at your earliest convenience to discuss our proposal. Sincerely, Michael I,inck General Manager American Golf Corporation Comparative Rate Survey: Course: National City Golf Course Location/Qualit Ratin Cours Characteristic & Condition Driving Rang Green F Peak Seaso Cart Fe (Full Cart As of: 2/15/02 Comparative Rate survey for executive golf courses and local municipal golf courses. National City Tecolote Golf Course. Lomas Executive Mission Bay Balboa Municipal Bonita Golf Course Chula Vista Golf Course Distance from Your Course 0 miles 15 miles 21 miles 11 miles 9 miles 4 miles 2 miles Type of Course Executive Executive Executive Executive 18/9 hole 18 hole 18 hole No. Holes 9 18 18 18 18 18 18 Yardage 2,197 - 3,166 2,431 3,000 6,200 6,200 - 6.500 Number Of Stations 22 30 0 48 20 40 22 (G) Grass, (M) Mats, or Both Mats Both 0 Both Mats Both Grass Night Lighting_ Yes , Yes 0 Yes No No National City Tecolote Golf Course Lomas Executive Mission Bay Balboa Municipal Bonita Golf Course Chula Vista Golf Course 18 hole weekday - Resident $15.00 , $18.50 $21.50 $18.00 $20.00 $22.00 $21.00 18 Hole weekend - Resident $19.00 $23.50 $25.50 $22.00 $22.00 $34.00 $28.00 Twil-light weekdays $7.00 $16.50 $17.50 N/A $11.00 $15.00 $12.50 Twi-light Weekends $7.00 $20.50 $21.50 N/A $11.00 $22.00 $22.50 9 Hole Weekday $9.00 N/A N/A $11.00 $7.50 $14.00 $9.50 9 Hole Weekend $12.00 N/A N/A $14.00 N/A $20.00 N/A 18 hole Senior Weekday $11.00 $16.50 N/A $16.00 N/A N/A Residents 18 hole Senior Weekend $14.00 $16.50 N/A $16.00 N/A N/A Residents 9 Hole Senior Weekday $7.00 N/A N/A $10.00 $7.50 N/A N/A 9 Hole Senior Weekend $9.00 N/A N/A $14.00 N/A N/A N/A 18 hole weekday $7.50 $12.00 $12.00 $11.00 $11.50 $12.00 $13.00 18 hole weekend $7.50 $12.00 $12.00 $11.00 $11.50 $12.00 $13.00 9 Hole Weekday $4.50 N/A N/A NIA NIA NIA N/A 9 Hole Weekend $4.50 N/A N/A N/A N/A N/A N/A Comparative Rate Survey: Course: National City Golf Course LocationlQualil Ratin Cours Characteristic & Condition Driving Rang Green Fee Peak Seaso Cart Fe (Full Cart As of: 2/15/02 Comparative Rate survey for executive golf courses and local municipal golf courses. National City Coronado Golf Course Mission Trails Eastlake Golf Course Auld Golf Course Distance from Your Course 0 miles 10 miles 14 miles 6 miles 7 miles Type of Course Executive 18 holes 18 holes 18 holes 18 holes No. Holes 9 18 18 18 18 Yardage 2,197 6,500 6,000 6,600 6,850 Number Of Stations 22 30 0 48 20 (G) Grass, (M) Mats, or Both Mats Both 0 Both Mats Night Lighting_ Yes Yes 0 Yes No National City Coronado Golf Course Mission Trails Eastlake Golf Course Auld Golf Course 0 0 l 18 hole weekday - Resident $15.00 $20.00 $22.00 $50.00 $45.00 18 Hole weekend - Resident $19.00 $22.00 $32.00 $65.00 $69.00 Twil-light weekdays $7.00 $10.00 $16.00 $31.00 $35.00 Twi-light Weekends $7.00 $10.00 $21.00 $41 00 $49.00 9 Hole Weekday $9.00 N/A $14.00 N/A N/A 9 Hole Weekend $12.00 N/A N/A N/A N/A 18 hole Senior Weekday $11.00 N/A $16.00 N/A $39.00 18 hole Senior Weekend $14.00 N/A $26.00 N/A N/A 9 Hole Senior Weekday $7.00 N/A $14.00 N/A N/A 9 Hole Senior Weekend $9.00 N/A N/A N/A N/A 18 hole weekday $7.50 $14.00 $12.00 incl. incl. 18 hole weekend $7.50 $14.00 $12.00 incl incl. 9 Hole Weekday $4.50 N/A N/A N/A N/A 9 Hole Weekend $4.50 N/A N/A N/A N/A Comparative Rate Survey: Course: National City Golf Course LocationlQualit Ratin Driving Rang Range Fee Comparative Rate survey for local Driving Ranges As of: 2/15/02 National City Chula Vista Golf Course Bonita Range Palms Range Bonita Golf Course Distance from Your Course 0 miles 2 miles 1.5 miles 5 miles 3 miles Type of Course Executive 18 holes Range Range 18 holes Number Of Stations 22 20 48 22 40 (G) Grass, (M) Mats, or Both Mats Grass Both Both Both Night Lighting_ Yes No Yes Yes No National City Chula Vista Golf Course Bonita Range Palms Range Bonita Golf Course Small Bucket(price per ball) $0.06 $0.08 $0.12 N/A $0.08 Medium Bucket(price per ball) $0.06 $0.08 $0.09 $0.08 $0.07 Large Bucket(price per ball) $0.06 $0.08 $0.08 $0.07 $0.07 National City Golf Course Proposed Rates Green Fees-Weekda Weekday Current Pro. osed Replay Proposed 1 Replay 9-Holes $9.00 $10.00 $6.00 $7.00 Juniors $6.50 $7.00 $4.00 $4.50 NC Seniors $6.00 $7.00 $4.00 $4.50 Seniors $7.00 $8.00 $4.00 $4.50 Twilight $7.00 $8.00 Green Fees -Weekend Weekday Current Pro i osed Replay Proposed Replay 9-Holes $12.00 $14.00 $7.00 $8.00 Juniors $8.50 $9.00 $5.00 $5.50 NC Seniors $7.00 $8.00 $5.00 $5.50 Seniors $9.00 $10.00 $5.00 $5.50 Twilight $7.00 $9.00 r Cart Fees Carts 9-Holes 18-Holes Range Range Range prices per ball: Current $4.50 Current $7.50 $.06 Proposed $7.00 $10.001 Proposed $.08 List of Key Expenses between 1999-2002 Payroll Expenses- 1) Minimum Wage increased from $5.75-$6.75 a) $7,280 increase per year for our cart attendants. b) $2,184 increase per year in our Food and Beverage Department. $9,464.00 increase per year on payroll wages. This will continue to increase. Power rates increase- 1) Our total charges from March 00-Jan 01 was $12,300 2) Our total charges from March 01-Jan 02 was $14,061 Maintenance Equipment - All maintenance products continue to be on the rise. Sand, seed, fertilizer, sod. etc. costs continue to escalate over 1999 prices. Product 1999 Price 2002 Price Fertilizer $14 pound $27 pound Sanitation $175 month $227 month Water $500 acre/foot $750 acre/foot Soil $40 pound $55 pound Seed $.18 $.29 These are just a small sample of the escalating prices maintaining the golf course. Food and Beverage Costs - Over the last three years food and beverage costs continue to be on the rise. Beverage products have increased $.13 since Dec. 1999. Packaged and non -packaged products have increased $.10-$1.00 (depending on the product) since Dec. 1999. >STAFF RECOMMENDATION Approve the Resolution MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT 03/12/2002 AGENDA ITEM NO. 9 ITEM TITLE RESOLUTION AUTHORIZING FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE INSTITUTE FOR PUBLIC STRATEGIES PREPARED BY EXPLANATION SKIP DiCERCHIO & DEPARTMENT POLICE CHIEF OF POLICE The California Office of Traffic Safety has extended the project end date of our High Intensity Prevention Zone Project from March 31, 2002, to September 30, 2002. This amendment extends the current contract with our contractor, The Institute for Public Strategies, to the new project end date of September 30, 2002. The Institute for Public Strategies functions as a community consultant and collaborator for this project. (—Environmental Review N/A Financial Statement None. There is no cost to the City. Previously allocated grant funds compensate the Institute for Public Strategies. Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 2002-32 First Amendment to Agreement by and Between the City of National City and the Institute for Public Strategies A-200 (9'P0) RESOLUTION NO. 2002 — 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE INSTITUTE FOR PUBLIC STRATEGIES FOR WORK ON THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY PREVENTION ZONE GRANT WHEREAS, on September 19, 2000, the City of National City and the Institute of Public Strategies entered into an Agreement for work on the office of Traffic Safety High Intensity Prevention Zone Grant; and WHEREAS, the City and the Institute of Public Strategies desire to amend Paragraph 5 of said Agreement to extend the term of the Agreement from March 31, 2002 to September 30, 2002, to be effective April 1, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement with the Institute of Public Strategies to extend the term of the Agreement from March 31, 2002 to September 30, 2002. Said Amendment to Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE INSTITUTE FOR PUBLIC STRATEGIES WHEREAS the NATIONAL CITY POLICE DEPARTMENT has received an extension from the California Office of Traffic Safety for additional time in which to administer the programs specified in the original AGREEMENT dated September 19, 2000 between the CITY OF NATIONAL CITY (the "CITY") and the INSTITUTE FOR PUBLIC STRATEGIES (the "CONTRACTOR"), and whereas the CONTRACTOR is willing to simultaneously extend its performance of services as put forth in the AGREEMENT from March 31, 2002 through September 30, 2002. Now therefore, the CITY and the CONTRACTOR hereby mutually agree to extend the time for performance of service and billable reimbursement as set forth in Exhibit "A" to the AGREEMENT through and including September 30, 2002. All other terms and conditions of the AGREEMENT share remain in full force and effect. CITY OF NATIONAL CITY INSTITUTE FOR PUBLIC STRATEGIES (Two signatures required) By: B George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney &ic-e os+&Ve, Dore ;'!— (Title) (Name) DerJ411 Di 'co c dvi� (Title) AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE INSTITUTE FOR PUBLIC STRATEGIES THIS AGREEMENT is entered into this nineteenth day of September, 2000 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and The Institute for Public Strategies, also known as the Institute for Health Advocacy (the "CONTRAC- TOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to serve as a consultant and collaborator to perform the services as outlined in Exhibit A and titled Memorandum of Understanding between Institute for Public Strategies and the National City Police Department dated May 26, 2000 by James Baker of the Institute for Public Strategies and June 21, 2000 by Anthony "Skip" Dicerchio of The National City Police Department WHEREAS, the CITY has determined that the CONTRACTOR is anon profit organization per 501(c)(3) of the Internal Revenue Code and is recognized as an expert in the field of media advocacy, community mobilization, and planning and managing news making activity, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CON TRACTOR 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. 3. PROJECT COORDINATION AND SUPERVISION. Sergeant L. Brent Roark, (National City Police Department) 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 Revised 52000 responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dan Tomsky thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include 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 project coordinator for the CITY. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice or as otherwise stated in exhibit A, 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 DOCUCUMENTS. The CONTRACTOR shall not be authorized to copyright the final report, any papers, interim reports, forms, or other material which is a part of the work under the contract, without the written approval from the CITY and the Office of Traffic Safety. Publication rights to any documents produced are to be reserved to the CITY and the Office of Traffic Safety. All reports published by the CONTRACTOR shall contain the following statement on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Office of Traffic Safety, the National Highway Tr4ffic Safety Administration or the Federal Highway Administration." Both written and oral releases are considered to be within the contest of publication. However, there is no intention to limit discussion of the study with small technical groups of lectures to employees or students. Lectures to other groups which describe the project but disclose neither data nor results are permissible without advance approval. All reports Shall contain the following credit line: "In cooperation with State of California, Business, Transportation and Housing Agency, Office of Traffic Safety, the U.S. Department of Transportation, National Highway Traffic Safety Administration and Federal Highway Administration." All data, maps, photographs and other material collected or prepared under the contract shall become the joint property of the CITY and the Office of Traffic Safety. 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 ventures with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's 2 Revised 52000 employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CON IRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CON 1RACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 Revised 5/2000 B. The CONTRACTOR warrants to the CITY that it is not now, nor has it been for the five (5) years preceding, involved in arbitration or litigation concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CON [ RACTOR shall 4 Revised 5(2000 comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation 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. 5 Reviscd 52000 G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of 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 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 6 Revised 5/2000 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: James Baker Executive Director Institute for Public Strategies 148 E. 30th. Street National City, CA 91950 7 Revised 52000 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. 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. 8 Revisal 5rz000 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting -party shall not apply in the interpretation of this Agreement, or any portions hereof, or any atements hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OP NATIONAL CITY INSTITUTE FOR PUBLIC STRATEGIES (Two signatures required) )L e Cu.-vk V e_ (Apr Revised 5a000 APPROVED AS TO FORM: (DiNA: George H. riser, III City Attorney lir By: 10 Revised 52000 Institute for Public Strategies IHAensittute forHealth Advocacy MEMORANDUM of UNDERSTANDING Between Institute for Public Strategies (IPS) and The National City Police Department (NCPD) For Subcontracted work under NCPD's April 2000- Marsh 2002 OTS funding The Institute for Public Strategies (IPS) — Institute for Health Advocacy (IHA) will function as a consultant and collaborator with the National City Police Dctputu,cdt (NCPD) by executing the below delineated "deliverable" services which have been incorporated into NCPD's OTS project funded by the Office of Traffic Safety for the April 1, 2000 — March 31, 2002 period. DELIVERABLES: As trainer and technical assistant within NCPD's OTS funded project, the Institute for Public Strategies is responsible for: 1. Organizing and conducting eight (8) capacity -building workshops for community leaders and volunteers on how to impact public policy, effect change in community attitudes towards alcohol/DUI and build community support for law enforcement activities/prevention strategies. These workshops will double as strategizing / planning sessions for the community involvement aspects of this OTS project (Conduct 4 workshops per each 12 month. prod) 2. Co -establishing and co -facilitating (with NCPD) a tnniti-disciplinary team to include but not be limited to law enforcement officers, public health professionals, educators, preventionists and community members to: learn and support effective DUI prevention technologies /strategies, to participate in a long-term, regional approach to DUI public policy advances; develop and participate in newsmaking / public information strategies; and identify and coordinate spokespersons. Goal: operationalize three work groups by sub -regions or issue tracks (e.g. youth access to alcohol, public drinking and DUI) that will be focused and action -oriented. 3. Establishing and co -facilitating, in collaboration with existing youth service organizations, an Alcohol Public Information Youth Team. Participants will be primarily drawn from existing South Bay youth organizations / South Bay Partnership for Prevention, and be trained to use the free news media to support law enforcement activities, promote other prevention strategies and send messages to their peers about DUI and drinking issues. They also will collaborate with the Operation Safe Crossing youth volunteers to send messages about the dangers of cross -border drinking in Baja California. Participants will learn and practice how to become effective community spokespersons in the broadcast and print media (including Spanish -language), and how to participate as guests on talk radio. Item #6 fits under this Youth Team. 4. Organizing and conducting two (2) "meet the media" seminars. A panel of three to five journalists will be convened to disn,cs practical ways to access news outlets. Reporters will talk about their areas of special interest and disemss the process community newsmakers can use to send information to them. These seminars will also allow community groups to explain their issues, share their information and receive suggestions from reporters on how to "frame the story" to make it attractive to news outlets. (Conduct 1 seminar per each 12 month period) 5. Facilitating four (4) regional media briefings with U.S. and Mexican reporters. Law enforcement and community leaders' briefings will report on the regional approach / progress towards DUI and other alcohol - related problems and solutions including updates on "Operation Safc Crossing". (Provide 1 in English and Lin Spanish per each 12 month period) (page 1 of 3) 148 E. 30"Street, Suite B National City, California 91950 • Phone: 619.474.8844 www niggicstrAtryclies curt Exhibit "A" Page 1 -2- 6. Facilitating written agreements for and (with four sub -regional youth -service organizations) youth and other sty volunteers to participate in Youth Team (see item #3) and specifically be responsible for distributing leaflets (at least quarterly) in English and Spanish at trolley stations, high school football games and/or other strategic South Bay locations, creating a high -visibility public information campaign regarding planned or ongoing enforcement activities. The leaflets will highlight California's DUI, public drinking and youth -related alcohol laws, and indicate that strict enforcement is in progress. When coordinated with Operation Safe Crossing, leaflets will also provide information on available alternative transportation home from the San Diego -Tijuana border. Written agreements will include incentive money — total amount not to exceed S4,000 - for youth team activity, recognition and project identification items. (Leaflet distribution will coincide with DUI operations) 7. Planning and managing newsmaking activity coordinated with law enforcement and other project -related activities. Newsmaking activity will range from editorials and feature pieces to "ride -a -longs" and news events. Participants in the youth and multi -disciplinary teams will generate news as key spokespersons. (Over the project's 24 months: ten (10) newsmaking activities, including seven (7) non -holiday operations and three (3) holiday operations will be achieved) 8. Providing seventy two (72) technical assistance/consulting units (30 minutes max) which may include, but shall not be limited to: strategy guidance requests; community or journalist inquiries; creation of informational boards and other visuals for community education/news media purposes; news video compilations for collaborators; spokesperson preparation; public information development; reporting of DUI checkpoint or decoy operation outcomes. 9. Planning, developing, preparing and partnering with NCPD, as necessary and appropriate, conference presentations that will highlight this project's goals, components and accomplishments. IPS co-presentation(s) with Sgt. Lanny Roark, Project Director, (e.g. at the June 2000 Alcohol Policy Conference X I) will be aimed at furthering the impact of this project and promoting it as a prevention model for replication. CONTRACT REIMBURSEMENT: For the period 4-1-00 to 3-31-02, NCPD's reimbursements to IPS will not exceed the following amounts: S 47, 237.00 for FY-1 (April 1, 2000 — Sept. 30, 2000) S 93,175.00 for FY-2 (Oct. 1, 2000 — Sept. 30, 2001) S 47, 237.00 for FY-3 (Oct 1, 2001 — March 31, 2002) for work completed, upon receipt of required invoices with documentation of deliverables, and/or accomplishments leading to the deliverables. $4,000 of the above is earmarked for distribution to youth service organizations per agreements with IPS for leaflet distribution and other youth team activity. No work beyond March 31, 2002 is billable. An invoice and monthly report will be presented by the 76 of each month for the preceding tnonth's activities. CONDITIONS: • As a subcontractor, the Institute for Public Strategies certifies that it adheres to all applicable federal and county contract requirements. Exhibit "A" Page 2 .-� 44Ps,for -3- IHA loadings forH..ktr Advocacy This contract may be toed by mutual written consent of both parties, or by either party, upon thirty days notice. National City Police Department • Date 148 E 30th Street, Suite B National City, California 91950 • Phone: 619.474.8844 www.publlcstrategies.org Exhibit "A" Page 3 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE March 12, 2002 AGENDA ITEM NO. 10 (-ITEM_ RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT\ WITH KLEINFELDER, INC. TO PROVIDE "AS NEEDED" MATERIALS TESTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION Kleinfelder Inc. was originally contracted with on November 16, 1999 through the Request for Qualifications process to provide the City with "as needed" materials testing services. Their contract length was one year and was renewed for an addtional year on January 23, 2001. This resolution will renew the "as needed" materials testing services contract with Kleinfelder, Inc. for a period of three years beginning March 12, 2002. ( Environmental Review _X N/A Financial Statement Funding source will vary d B v roey: depending,c pp on the specific C.I.P. project. — Finance (-STAFF Adopt the Resolu Kleinfelder, Inc. iot`Yzin e a '-r to execute the agreement between the City and ctor BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement klein Account No. _ Resolution No. 2002-33 RESOLUTION NO. 2002 — 33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KLEINFELDER, INC. TO PROVIDE "AS NEEDED" MATERIALS TESTING SERVICES FOR THE CITY'S CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City desires to employ a consultant to provide "as needed" materials testing services for the City's Capital Improvement Projects, and WHEREAS, the City has determined that Kleinfelder, Inc. is a professional civil engineering firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kleinfelder, Inc. to provide "as needed" materials testing services for the City's Capital Improvement Projects. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor AI lEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney ORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER, INC. THIS AGREEMENT is entered into this 12th day of March 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kleinfelder, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform Civil Engineering Services for the Capital Improvement Projects. WHEREAS, the CITY has determined that the CONTRACTOR is a Professional Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CITY will request a variety of project development services using the form attached herein as Exhibit C. All pertinent information will be included in the request for sevices. The CONTRACTOR shall provide the costs for the specific services requested using the form attached herein as Exhibit D. The costs given in Exhibit D shall be based on the unit costs listed in Exhibit B. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick 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. Ronald Thomson thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work requested in Exhibit C shall not exceed the project specific schedule given in Exhibit D without prior written authorization from the City Engineer. 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 C as determined by the CITY. The total compensation to be paid to the CONTRACTOR pursuant to this Agreement shall not exceed $300,000. The project dependent costs provided in Exhibit "B" shall be in effect for the first year and shall increase 3% annually for the remainder of the contract agreement.. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The terms of this agreement shall be in force for a period of (3) three years. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, Page 2 Revised 5/99 which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. • 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all State and Page 3 Revised 5/99 Federal statutes and regulations, and all ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows f r project completion in the time frame specified or, when not specified, then within a comme r ially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants Page 4 Revised 5/99 for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, to the extent resulting from or arising out of the CONTRACTOR's negligent or willful misconduct in the 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 Page 5 Revised 5/99 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 throughout the term of this agreement, the following insurance policies: A. Professional liability insurance with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of ,$1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final Page 6 Revised 5/99 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 costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents arid 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 Page 7 Revised 5/99 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: Burton S. Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Ronald Thomson Kleinfelder, Inc. 5015 Shoreham Place San Diego, Ca 92122 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, Page 8 Revised 5/99 treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A - Scope of Services Exhibit B - Schedule of Fee Exhibit C - City's Material Testing Request Form Exhibit D - Contractor's Project Specific Task and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Page 9 Revised 5/99 I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice,, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Page 10 Revised 5/99 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. KLEINFELDER, INC. By: COB/President/Vice President By: Secretary/Asst. Secretary/CFO/Asst. Treasurer CITY OF NATIONAL CITY By: Burton S. Myers, City Engineer APPROVED AS TO FORM: George H. Eiser, III City Attorney Page 11 Revised 5/99 EXHIBIT "A" SCOPE OF SERVICES 1. Services will consist of providing soil and material engineering and testing services during design and construction phases of the City's capital improvement projects. Fee will include all necessary resources including labor, equipment, material, and transportation required to provide these services. 2. Projects may vary in scope and magnitude from $5,000.00 to $1,000,000.00 construction costs. The City is not obligated to contract all the soil and material engineering and testing services to the retained consultant. 3. A minimum of twenty-four (24) hour notice will be given, by the City, at the time of a request for service. This notice will cover all the necessary office work required to be performed prior to field -work. Firms should be capable of providing requested services within twenty-four (24) hours after receipt of request. City may cancel a request for service at least two hours prior to the selected time without being subject to any changes. 4. Soils and materials testing work will be accomplished according to the Project Drawings and Specifications, which may include San Diego Area Regional Standard Drawings, Standard Specifications for Public Works Construction, and Caltrans Standard Specifications and Drawings, and all other codes and practices applicable to material testing governing a particular project. 5. Caltrans certified personnel shall possess current Form HC-1 "Certificate of Proficiency in Construction Materials Testing" issued by the Caltrans District Materials Engineer or other Caltrans designated District authorities. 6. Caltrans certified personnel that are experienced in the testing of materials used in the construction of public works facilities and familiar with Regional Standard drawings and Standard Specifications ("Green Book") are required. The City shall have the right to make a determination as to the qualifications of the individual personnel, and shall have the right to require substitution of non -qualified individuals with qualified personnel. It is expected that the testing personnel at the job site will play an active role in the construction of the project. Whenever required, the Consultant shall observe, monitor, and inspect construction operations and procedures for conformance with project Page I of 3 plans and specifications. Observations shall be reported directly to the City inspector. 7. All reports and pertinent data obtained under the agreement between the City and the Consultant shall be the property of the City and may not be used or reproduced in any form without the explicit written permission of the City. Compaction test results should be available in the field at the time of testing on projects where previous sampling for maximum densities curves has been obtained. In any case, compaction test results shall be available no later than the next working day. Formal reports should be prepared and submitted as soon as the segment of the work is completed or when requested by the City. 8. The Consultant shall certify a properly executed affidavit that they will not perform any work for the City that could lead to a conflict of interest. The Consultant shall notify the City of any possible conflicts of interest prior to performing work requested by the City. A conflict of interest may include, but is not limited to having a financial interest in any projects where services are requested, or consulting or performing work for the developers, investors, engineers; contractors, or materials suppliers of projects where services are requested. The City has the option to rescind and void the contract in the event that the selected firm fails to properly notify the City of a possible conflict of interest. 9. Caltrans certified personnel are to provide material testing services in response to City's request. Hours shall be determined by the City Engineer. The City will schedule work on a prior day basis, with the expectation of availability of a technician not more than one hour later than the desired time. When necessary and where possible, the City will coordinate work to allow the use of a single technician, but is under no obligation to do so. The City may schedule or reschedule work on the same basis if a technician is available. The City will not be liable for any tests where cancellation occurs at least two hours prior to the scheduled time. 10. The testing services shall be provided efficiently and in timely fashion. All material testing services will be performed on the basis of a standard schedule of fees provided in "Exhibit B" which shall he valid for the life of the contract. 11. Payment will be made based upon itemized billing submitted in accordance with this agreement and after submittal of acceptable formal reports. Billing should be submitted with and make reference to each test report, itemized Page 2 of 3 as to unit cost and total billed. Project name, specification number, date of sampling and testing, and the name of person that requested the service shall be identified on each bill. Bills that are not complete as required in this section shall be returned unpaid. 12. Should either party fail to uphold the contract in any part and the situation not be resolved by negotiation, the contract may be voided by written action of either party. 13. Fees provided in Exhibit "B" shall include travel time, reports, mileage and all the associated costs for incidental reports and calculations directly related to the projects. Page 3 of 3 EXHIBIT "B" "SPECIFICATIONS, SUPPLEMENTARY CONDITIONS, AND SCHEDULE OF FEES" SECTION A SOIL TESTING PREVAILING COST WAGE COST 1. Laboratory Maximum Density ASTM D-1557 Method C per test. $ 151.00 2. Density of Soil in Place by the Sand Cone Method in Accordance to ASTM D-1556, per hour, (2 -hour minimum per call out). $ 54.00 $ 69.00 3. Density of Soil and Soil Aggregate in Place by the Nuclear Method in accordance to ASTM D-2922, per hour (2-hour minimum per call out). $ 54.00 $ 69.00 4. Moisture Content of Soil and Soil Aggregate in Place by the Nuclear Method in accordance to ASTM D-3017, per hour (2-hour minimum per call out) $ 54.00 $ 69.00 5. Material Sampling, per hour (2 hour minimum per call out). $ 46.00 $ 69.00 SECTION B CONCRETE TESTING 1. Compression Strength of Cylindrical Concrete Specimen in Accordance with ASTM C-39, per test. $ 20.00 2. Sampling and Molding Cylindrical Concrete Samples in accordance to ASTM C-172 and ASTM C-31, per hour (2-hour minimum per call out). $ 46.00 3. Pick-up Concrete Specimens Within 20 Hours of Fabrication in Accordance with ASTM C-31, per trip. $ 50.00 $ 69.00 Page 1 of 3 SECTION C ASPHALT CONCRETE TESTING PREVAILING COST WAGE COST 1. Quantitative Extraction of Bitumen from Bituminous Paving Mixture in Accordance with ASTM D-2122 Method B, or California Test 262, per test. - Without gradation $ 119.00 -With gradation $ 189.00 2. Sieve or Screen Analysis of Fine and Coarse Aggregates Combined in Accordance with ASTM C-136, per test. - For Fine Gradation Only $ 90.00 -For Coarse Gradation Only $ 61.00 3. Sand Equivalent Value of Soils and Fine Aggregate in Accordance to ASTM D-2419 or California Test 217, per test. $ 80.00 4. Loss in LA Rattler in accordance with California Test 211, per Test. $ 128.00 5. Swell in Accordance with California Test 305, per Test. $ 122.40 6. Maximum Density Determination of Asphalt Concrete by the Marshal Method in Accordance with ASTM D-1559, Paragraph 3.5 and 3.6, per test. $ 156.00 7. Maximum Density Determination of Asphalt Concrete by the. Hveen Method in Accordance with ASTM D-1560 and D-1561 or California Test 304, per test. $ 157.00 8. Theoretical Maximum Density Determination of Asphalt Concrete in Accordance with ASTM D-2041, per test. $ 108.00 9. Stabilizer Value of Asphalt in place by Nuclear Gauge Method in Accordance with California Test 366, per test. $ 118.00 10. Density Bituminous Concrete in Place by Nuclear Method in ASTM D-2950, per hour (2 hours minimum per call out). $ 54.00 $ 09., 11. Material Sampling per Hour (2 hours minimum per call out) $ 45.00 $ 69.00 Page 2 of 3 PREVAILING COST WAGE COST SECTION D PLANT INSPECTION Provide full time plan inspection of Asphalt Concrete and Portland Cement Plants to assure proper operation, and proportioning in accordance with requirements of project specifications. A written report will be submitted to the City daily and will include observations, and required corrections and adjustments. The plant inspector shall communicate any evidence of non -specification material being produced to the City as soon as possible and shall coordinate closely with the City, field inspector to prevent incorporation of non -specification material in any City project. Payment shall be per hour for time spent at the plant. $ 46.00 SECTION E "R" VALUE TEST "R" Value, per test, soil sampling, per hour (2 hour minimum per call out, including travel time, reports, and mileage). "R" Value Tests of Soils in accordance with ASTM D-1557 shall be provided on samples of materials selected by the City and sampled by the Laboratory at the site. Test results reported shall include a description of the materials, "R" value containers shall be supplied by the laboratory. SECTION F CONSULTANT SERVICE (PER HOUR) PRINCIPAL ENGINEER REGISTERED ENGINEER PROJECT ENGINEER STAFF ENGINEER $ 198.00/test $ 46.00/hr $ 69.00/hr $ 138.00/hr $ 110.00/hr $ 97.00/hr $ 81.00/hr Page 3of3 XIIIBIT "C" CITY OF NATIONAL CITY ENGINEERING DEPARTMENT MATERIAL TESTING REQUEST FORM DATE: REQUEST NO. Kleinfelder Inc. 5015 Shoreham Place San Diego, CA 92122 Phone No: (858) 320-2000 Fax No: (858) 320-2001 PROJECT TITLE: SPECIFICATION NO.: PURPOSE OF THE TESTING: PLEASE PROVIDE THE FOLLOWING INFORMATION (SPECIFY TEST(S) TO BE PERFORMED): REQUESTED BY: APPROVED BY: CITY ENGINEER OR ASSISTANT CITY ENGINEER FAXED ON: MIRF' DATE: EXHIBIT "D" TASK ORDER - (#) MATERIAL TESTING SERVICES for (PROJECT NAME) (NATIONAL CITY SPECIFICATION NUMBER) (Description of project) PHASE I. TASK A. (Description of task and deliverable) NOT -TO -EXCEED FEE TASK B. (Description of task and deliverable) NOT -TO -EXCEED FEE $00,000 $00,000 PRASE 1 TOTAL NOT -TO -EXCEED. FEE $00,000 PHASE II TASK A. (Description of task and deliverable) NOT -TO -EXCEED FEE TASK B. (Description of task and deliverable) NOT -TO -EXCEED FEE $00,000 $00,000 PHASE II TOTAL NOT -TO EXCEED $00,000 TOTAL PROJECT NOT -TO -EXCEED $00,000 PAGE l OF 2 SCHEDULE (Schedule for Phase I abd Phase II deliverables; if applicable) CLARIFICATIONS/EXCLUSIONS 1. PREPARED BY: CONTRACTORS REPRESENTATIVE APPROVED BY: EXHBTh CITY ENGINEER OR PRINCIPAL CIVIL ENGINEER PAGE 2 OF 2 DATE: DATE: City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE March 12, 2002 AGENDA ITEM NO. 11 (-ITEM TITLE RESOLUTION SUPPORTING THE U.S. ENVIRONMENTAL PROTECTION" AGENCY'S TENTATIVE DECISION FOR THE NPDES PERMIT FOR THE CITY OF SAN DIEGO'S POINT LOMA WASTEWATER TREATMENT PLANT PREPARED BY EXPLANATION Nick Inzunza Burton Myers DEPARTMENT Public Works On February 22, 2002 the majority of the San Diego Metro Commission Members voted to support the U.S. Environmental Protection Agency's Tentative decision for the NPDES Permit for the City of San Diego Point Loma Wastewater Treatment Plant Discharge to the Pacific Ocean through the Point Loma Ocean Outfall. Four of the participating agency's abstained in voting on the issue until they had an opportunity to present a resolution to their City Councils for discussion. The purpose of the attached resolution is to show support for the current system of wastewater treatment, which is presently being done at the Point Loma Wastewater Treatment plant. The United States Environmental Protection Agency has reviewed all of the available scientific evidence, which indicates that the current system of treatment causes no environmental harm to the ocean or shoreline environment. The Environmental Protection Agency has also determined that the expenditures necessary to upgrade the existing treatment plant to a secondary treatment facility would impose an unnecessary financial burden on the ratepayers of the Participating Agencies of the Metropolitan Sewerage System. CEnvironmental Review N/A Financial Statement If the tentative decision to allow the Approve. _ /� /t treatment plant is denied, and the treatment plant must be Finance oy for upgraded to a secondary unit, t+ additional costs to San Diego County could excee two billion dollars. Account No. STAFF RECOMMENDATI Approve the attached ' -solution of support for tthe �ntative decision for the NPDES Permit for the City of San Diego Point Loma Wastewater treatme plant. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution 2002-34 Resolution No. RESOLUTION NO. 2002 — 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S TENTATIVE DECISION FOR THE NPDES PERMIT FOR THE CITY OF SAN DIEGO'S POINT LOMA WASTEWATER TREATMENT PLANT WHEREAS, on February 22, 2002, the majority of the San Diego Metro Commission Members voted to support the U.S. Environmental Protection Agency's Tentative decision for the NPDES Permit for the City of San Diego Point Loma Wastewater Treatment Plant Discharge to the Pacific Ocean through the Point Loma Ocean Outfall; and WHEREAS, the U.S. Environmental Protection Agency has reviewed all of the available scientific evidence, which indicates that the current system of treatment causes no environmental harm to the ocean or shoreline environment; and WHEREAS, the U.S. Environmental Protection Agency has also determined that the expenditures necessary to upgrade the existing treatment plant to a secondary treatment facility would impose an unnecessary financial burden on the ratepayers of the Participating Agencies of the Metropolitan Sewerage System NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the U.S. Environmental Protection Agency's Tentative decision for the NPDES Permit for the City of San Diego Point Loma Wastewater Treatment Plant Discharge to the Pacific Ocean through the Point Loma Ocean Outfall. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF DECEMBER 31, 2001 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of December 31, 2001 is hereby submitted. This report reflects the components of the investment portfolio as of December 31, 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: / finance to Account No. / STAFF RECOMMENDATION We recommend that the report be accepted and filed. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Li ted Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers Resolution No. 5. Consolidated Cash Report. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Dec-01 BALANCE REVOLVING CASH $ 3,590.54 RETURNED CHECKS 15,922.00 BANK OF AMERICA #80200 (885,365.92) OUTSTANDING WARRANTS (256,762.65) PAYROLL OUTSTANDING WARRANTS (24,286.80) CASH HELD BY BROKERS 196,945.75 INVESTMENTS 13,462,705.14 LAIF 22,603,439.93 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR $ 35,116,187.99 YEAR-TO-DATE TOTAL YEAR 2001.02 $ 525,221.82 $ 2000.01 711,305.35 1999.00 411,178.47 1998.99 421,395.37 1997.98 449,145.67 1996-97 333,643.13 1995.96 348,548.01 1994-95 547,333.85 1993-94 366,173.42 1992-93 211,571.79 1991-92 224,838.72 1990-91 374,668.73 1989-90 347, 526.85 1988.89 412,410.53 1987-88 324,446.89 1986-87 366,592.53 1985-86 734,269.27 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 1201 Combined Cash Reconc,2 at on Worksheets SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary December 31, 2001 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments 13,792,743.59 8,505,000.00 8,505,936.36 8,505,000.00 63.17 724 426 5.292 5.365 95,000.00 95,000.00 95,000.00 0.71 1,827 870 6000 6.083 3,514,000.00 3,527,87022 3,182,199.54 23.64 1,968 969 8.539 8 658 1,604,812.50 1,705,743.03 1,604,812.50 11.92 1,158 1,009 4.686 4.751 73,931.09 77,181.74 75,693.10 0.56 2655 1,549 6.888 6.983 Total Earnings Current Year Average Daily Balance December 31 Month Ending 62,609.24 13,017,187.70 A, Marylou Matienzo, Direr of Finance S Run Date: 02/062002 - 13'51 13,911,731.35 13,462,705.14 100.00% 1,089 633 6.001 6.085 Fiscal Year To Date 491,850.53 No fiscal year history available Portfolio CNC CC PM (PRF_PM1)SyrnRep V5.021 City of National City Portfolio Management Portfolio Details - Investments December 31, 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 5.200 937 07/26/2004 10183 Umbrella Bank formely Argo Fed 04/30/1999 99900.00 99,000.00 99,000.00 5.600 5.600 119 04/30/2002 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 455 04/01/2003 10445 American Investment Bank 01/05/2001 99,000.00 99,000.00 99,000.00 8.820 6.820 6 01/07/2002 10192 Associates National Bank 05/08/1999 100,000.00 100,000.00 100,000.00 5.850 - 5.850 125 05/06/2002 10459 Astoria Federal Savings & Loan 02/05/2001 100.000.00 100,000.00 100,000.00 5.900 5.900 35 02/05/2002 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 4.500 252 09/10/2002 10577 Bankfirst NA 06/22/2001 99.000.00 99,000.00 99,000.00 5.350 5.350 903 06/22/2004 10491 Bank of Nashville, The 03/30/2001 99,000.00 99,000.00 99,000.00 5.240 5.240 119 04/30/2002 10519 BNC National Bank 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 496 05/12/2003 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 931 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 734 01/05/2004 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 5.110 540 06/25/2003 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 6.640 189 07/09/2002 10520 Colony Bank of Asburn 05/11/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 132 05/13/2002 10503 Centennial Bank of the West 04/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 119 04/30/2002 10515 Second National Bank(Commerce 04/24/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 1.13 04/24/2002 10452 Century Bank 01/24/2001 99,000.00 99.000.00 99,000.00 6.050 6.050 23 01/24/2002 10643 Carolina Firtst Bank 12/07/2001 95,000.00 94,264.85 95,000.00 4.100 4.100 888 06/07/2004 10505 Capitol Federal Savings Bank 04/17/2001 99,000.00 99,060.00 99,000.00 5.310 5.310 167 06/17/2002 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 506 05/22/2003 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 6.630 189 07/09/2002 220872DT9 10174 Corus Bank 04/16/1999 95,000.00 95,000.00 95,000.00 5.450 5.450 105 04/16/2002 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 528 06/13/2003 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 731 01/02/2004 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 3.540 538 06/23/2003 10474 Eaton Federal Savings Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 70 03/12/2002 10575 EDGAR COUNTY BANK & TRUST CO.. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 727 12/29/2003 10453 Farmers State Bank of Oakley 01/29/2001 99,000.00 99,000.00 99,000.00 6.000 6.000 29 01/30/2002 10182 First Bank of Richmond SB 04/29/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 118 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 64 03/06/2002 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 5.900 409 02/14/2003 10595 First Western Bank 07/09/2001 99,000.00 - 99,000.00 99,000.00 5.200 5.200 920 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 98,185.23 99,000.00 5.150 5.150 1,729 09/26/2006 10414 FNB of Bamesville 09/22/2000 99,000.00 99,000.00 99,000.00 7.300 7.300 84 03/26/2902 10589 first Nat. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 514 05/30/2003 143878AX8 Run Dale: 02/06'2002 - 13:51 Portfolio CNC cc PM (PRF_PM2) SymRept V5.02.1 City of National City Portfolio Management Portfolio Details - Investments December 31, 2001 Page 3 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment a issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10179 FNB of Elk River 04/22/1%99 99,600.00 99,000.00 99.000.00 5.600 5.600 111 04/22/2002 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 398 02/03/2003 10514 First State Bank Holly Springs 04/25/2001 99,000.00 99,000.00 99.000.00 5.200 5.200 114 04/25/2002 10513 First State Bank of Texas 04/20/2001 99,000,00 99,000.00 99,000.00 5.260 5 260 293 10/21/2002 10467 F S B of Donalsonville 02/23/2001 99,000.00 99,000.00 99,000.00 5.700 5.700 55 02/25/2002 10600 FIRST STATE BANK OF OKABENA 07/13/2001 99,000,00 99,000.00 99,000.00 5.250 5,250 924 07/13/2004 10432 First Security Bank & Trust 11/17/2000 99,000.00 99,000.00 99,000.00 7.100 7.100 16 01/17/2002 10473 Guaranty National Bank 03/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 69 03/11/2002 10444 Habersham Bank 01/03/2001 99,000.00 99,000.00 99,000.00 6.870 6.870 2 01/03/2002 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 727 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 934 07/23/2004 10641 IndyMac Bank FSB 11/29/2001 99,000.00 99,000.00 99,009.00 4.020 4.020 423 02/28/2003 1041542/117391 10178 Insouth Bank 04/21/1999 99,000.00 99,000.00 99,000.00 5.600 5.600 111 04/22/2002 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 498 05/14/2003 10488 Intrust Bank 03/22/2001 100,000.00 100,000.00 100,000.00 5.350 5.350 80 03/22/2002 - 10490 Iowa State Bank 03/27/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 85 03/27/2902 10450 Iowa State Bank & Trust Co 01/19/2001 99,000.00 99,000.00 99,000.00 6.250 6.250 21 01/22/2002 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 689 11/21/2003 .10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 923 07/12/2004 10489 Lewiston State Bank 03/24/2001 99,000.00 99.000.00 99,000.00 5.300 5,300 82 03/24/2002 10565 Lakeland Community Bank 06/13/2001 99,000.00 99.000.00 99,000.00 5.250 5,250 710 12/12/2003 10640 Mercedes National Bank 11/27/2001 99,000.00 99,000.00 99,000.00 3.100 3.100 330 11/27/2002 10204 Michigan Heritage Bank 05/13/1999 99,000.00 99,000.00 99,000.00 5.700 5.700 132 05/13/2002 10518 Mesa Bank 05/09/2001 99,000.00 99,000.00 99,000.00 5.000 5.000 128 05/09/2002 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 548 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 77 03/19/2002 10504 NCB Savings Bank FSB 04/30/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 90 04/01/2002 10642 Newberry Federal S & L 09/16/2001 99,000.00 99,000.00 99,000.00 3.550 3.550 75 03/17/2002 654062AMO 10564 NICOLET NATIONAL BANK 06/01/2001 99,000.00 101,548.28 99,000.00 5.100 5.100 699 12/01/2003 10512 New South Federal Savings Bank 04/19/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 108 04/19/2002 10499 Omni Bank (United National Bk) 04/05/2001 99,000.00 99,000.00 99.000.00 5.150 5.150 94 04/05/2002 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000,00 99,000.00 5.400 5.400 923 07/12/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 95,000.00 95,000,00 5.200 5,200 923 07/12/2004 743838SS4 10644 Provident Bank 12/19/2001 95,000.00 95,000.00 95,000.00 4.375 4.375 1,995 06/19/2007 10596 Providian Bank 07/10/2001 99,000.00 99,000.09 99,000.00 5.480 5.480 920 07/09/2004 10525 Peoples State Bank 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5,300 693 11/25/2003 R.rn Dale' 92/06/2032 - 13 51 Portfolio CNC CC PM (PRF PM2) SymRepl V5.02f City of National City Portfolio Management Portfolio Details - Investments December 31, 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 10177 NYCommunity Bk/fmrly..Queens 04/20/1999 99,000.00 99,000.00 99,000.00 5.650 5.650 111 04/22/2002 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 445 03/22/2003 10522 Rushmore State Bank 05/15/2001 99,000.00 99,000.00 99,000.00 5.000 5 000 134 05/15/2002 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5 350 720 12/22/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,090.00 99,000.00 5.100 5.100 356 12/23/2002 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 514 05/30/2003 10572 TREASURY BANK- EFFINITY 06/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 357 12/24/2002 10516 Union National Bank 05/02/2001 99,000.00 99.000.00 99,000.00 5.250 5.250 335 12/02/2002 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 927 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 749 01/20/2004 10442 Acuity Bank (fmrly.Westland) 12/21/2000 99,000.00 99,000.00 99,000.00 6.940 6.940 354 12/21/2002 10578 WORLD'S FOREMOST BANK, N.A. 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 910 06/29/2004 10568 WILLIAMSTOWN SAVINGS BANK 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 528 06/13/2003 10574 YORK STATE BANK & TRUST 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 727 12/29/2003 Subtotal and Average 8,431,258.04 8,505,000.00 8,505,936.36 8,505,000.00 5.365 426 rl' Certificates of Deposit - Maturity k. 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 870 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 6.083 870 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/.18/2900 100,000.00 100,000.00 74,790.18 6.760 15.799 1,137 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 95,000.00 95,000.00 5.300 5.300 756 01/27/2004 0849999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 1,108 01/13/2005 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 95,000.00 95,000.00 5.350 5.350 757 01/28/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000,00 99,000.00 98,384.22 5.350 5.493 708 12/10/2003 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 639 10/02/2903 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 95,000.00 95,000.00 5.700 5.700 799 03/10/2004 33847EGE1 10205 Flagstar Bank 05/14/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 133 05/14/2002 32109VAH7 10203 FNB of Lucedale 05/12/1999 97,000.00 98,096.10 97,000.00 5.500 5.500 132 05/13/2002 10195 FNB of America 05/06/1999 95,000.00 95,000.00 95,000.00 5.500 5.500 125 05/06/2002 356611 FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 100,511.40 97,090.00 5.600 5.600 827 04/07/2004 10324 First Bank & Trust 04/28/1999 100,000,00 100,000.00 85,276.39 5.750 12.530 110 04/21/2002 10325 First Union Bank 02/23/1999 100,000.00 100,000.00 84,801.52 5.820 12.683 81 03/23/2002 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 103,613,00 100,000.00 5.600 5.600 806 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 939 07/28/2004 Run Date: 02/062002 - 13:51 Portfolio CNC CC PM (PR1_PM2) SymRept V5.021 City of National City Portfolio Management Portfolio Details - Investments December 31, 2001 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment A Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable COs 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 100,303.82 97,000.00 5.500 5.500 827 04/07/2004 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,000.00 95,000.00 8.000 6.000 4,407 01/25/2014 51803AVLO 10327 Lasalle Bank NA 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,402 04/26/2011 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 815 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 95,000.00 95,000.00 5.550 5.550 815 03/28/2004 55256NKS2 10077 M & I Marshall & lisfey Bank 01/27/1999 95,000.00 95,000.00 94,818.55 6.050 6.076 2,583 01/27/2009 564759L T3 10152 Manufacturers 8 Traders Trust 03/04/1999 95,000.00 95,000.00 93,114.92 5.500 5.847 1,515 02/24/2006 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 99,316.36 97,000.00 5.400 5.400 426 03/03/2003 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000 00 69,971.36 6.550 15.910 1,352 09/14/2005 10038 Nations Bank (Barnett Bank) 12/01/1998 99,000.00 99,000.00 99,009.00 5.850 5.850 579 08/03/2003 685621CW2000 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 92,587.77 99,000.00 5.750 5.750 672 11/04/2003 10341 Pony Express Bank 10/13/1999 100,000.00 100,000.00 65,799.53 7.240 21.020 1,083 12/19/2004 82661YAG8 10339 Signal Bank N A 11/02/1998 95,000.00 95,000.00 95.249.24 6.500 6.432 589 08/13/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,000.00 97,886.10 6.250 5.500 666 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 100,096.24 97,000.00 5.400 5.400 792 03/03/2004 856284GL2060 10135 State Bank of India 02/12/1999 97,000.00 100,345.53 98,658.70 5.850 5.405 546 07/01/2003 789369HG3 10075 St Francis Bank FSB 01/29/1999 95,090.00 95,000.00 94,525.00 6.000 6.067 2,585 01/29/2009 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 760 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 661 10/24/2003 90331 V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 1,129 02/03/2005 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 786 02/26/2004 Subtotal and Average 3,237,228.44 3,514,000.00 3,527,870.22 3,182,199.54 8.658 989 Federal Agency Securities 3133M9NW8 10279 Federal Home Loan Bank 08/25/1999 100,000.00 100,687.00 100,000.00 6.540 3133M9NW8 10285 Federal Home Loan Bank 08/25/1999 100,000.00 100,580.00 100,000.00 6.540 3129233H6 10607 Federal Home Loan Bank 07/25/2001 100,000.00 100,228.00 100,000.00 6.000 3133MHPDOC 10831 Federal Home Loan Bank 10/10/2001 100,000.00 100,063.00 100,000.00 4.550 3133MHPL2C 10632 Federal Home Loan Bank 10/11/2001 100,000.00 100,083.00 100,000.00 4.520 3133MJFR6 10639 Federal Home Loan Bank 11/07/2001 100,000.00 98,280.00 100,000.00 3.500 10645 Federal Home Loan Bank 12/27/2001 105,000.09 105,459.90 105,000.00 4.050 3133MK4R5C 10646 Federal Home Loan Bank 12/13/2001 100,000.00 100,313.00 100,000.00 4.510 3133MKCH8C 10647 Federal Home Loan Bank 12/20/2001 100,000.00 100,531.00 100,000.00 4.800 3133MKOG5C 10648 Federal Home Loan Bank 12/28/2001 100,000.00 100,438.00 100,000.00 4.600 3133MK6A0 10849 Federal Home Loan Bank 12/11/2001 100,009.00 100,000.00 100,000.00 4.025 3133MK6L6 10650 Federal Home Loan Bank 12/11/2001 100,000.00 100,000.00 100,000.00 4.000 Run Date: 02/062002 - 13-.51 6.540 55 02/25/2002 6.540 55 02/25/2002 6.000 1,686 07/25/2096 4.550 1,196 04/11/2005 4.520 1,198 04/11/2005 3.500 1,406 11/07/2005 4.052 1,000 09/27/2004 4.510 1,259 06/13/2005 4.800 1,288 06/20/2005 4.600 1.274 06/28/2005 4.025 892 06/11/2004 4.000 892 06/11/2004 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments December 31, 2001 Purchase Date Par Value Market Value Page 6 Stated YTM/C Days to Maturity Book Value Rate Moody's 385 Maturity Date Federal Agency Securities 3133MK4Y0 3133MKGG6 3133MKEK9 3136FOSTOC 10651 10652 10653 10612 Pass Through Securities 31 3401WX5060 31341 UZL3060 3133TGSG5 313610EQ6060 31361SN51 31361T4J0060 31364TKP5060 31376PGY5 36202AX77020 36217LQQ2020 36218VD59020 3621 7AUE8020 36202AYQ4020 36202A5C7020 36202A2B2020 36217LVM5020 36218NZQ7020 36202A7U4020 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Natl. Mortgage Assoc. Subtotal and Average 1,152,310.48 12/14/2001 99,812.50 98,944.13 99,812.50 3 920 12/21/2001 100,000.00 200,000.00 100,000.00 5.000 12/21/2001 100,000.00 100,000.00 100,000.00 4.000 07/18/2001 100,000.00 100,156.00 100,000.00 5.500 10099 Federal Home Loan Mrtgage Corp 10406 Federal Home Loan Mrtgage Corp 10637 Federal Home Loan Mrtgage Corp 10092 Federal Natl. Mortgage Assoc 10098 Federal Natl. Mortgage Assoc. 10102 Federal Natl. Mortgage Assoc. 10103 Federal Natl. Mortgage Assoc. 10126 Federal Natl. Mortgage Assoc. 10084 Govt. National Mortgage Assoc. 10085 - Govt. National Mortgage Assoc. 10087 Govt. National Mortgage Assoc 10088 Govt. National Mortgage Assoc. 10090 Govt. National Mortgage Assoc. 10091 Govt. National Mortgage Assoc. 10106 Govt. National Mortgage Assoc. 10109 Govt. National Mortgage Assoc 10110 Govt. National Mortgage Assoc. 10111 Govt. National Mortgage Assoc. Subtotal and Average 101,390.71 1,804,812.50 1,705,743.03 1,604,812.50 02/18/1998 6.33 6.33 6.54 8.500 08/22/2000 7,001.86 7,322.14 7,001.97 8.000 11/30/1998 23,735.22 23,737.59 23,735.22 6.000 12/23/1997 236.32 236.32 244.15 8.500 02/18/1998 -142.01 -142.01 -147.34 8.500 02/18/1998 0.00 0.00 0.00 8.500 02/18/1998 0.00 0.00 0.00 8.250 12/01/1998 34,608.80 37,070.46 36,067.42 8.500 10/21/1997 2.75 2.75 2.85 8.500 10/30/1997 36.57 36.57 37.96 8.500 11/12/1997 609.49 649.56 634.65 8.500 11/12/1997 1,590.12 1,682.61 1,642.82 8.000 11/21/1997 249.88 261.92 258.00 8.000 11/25/1997 1,955.22 2,064.21 2,028.57 8.500 03/17/1998 1,243.87 1,292.94 1,276.54 7.500 04/16/1998 993.30 1,051.07 1,025.58 8.000 04/16/1998 1,350.32 1,428.86 1,397.59 8.000 04/16/1998 455.05 480.42 480.58 8.500 73,931.09 77,181.74 75,893.10 3.920 895 06/14/2004 5.000 902 06/21/2004 4.000 1,085 12/21/2004 5.500 1,113 01/18/2005 4.751 1,009 7.359 0 01/01/2002 12.477 59 03/01/2002 6.000 4,032 01/15/2013 7.494 90 04/01/2002 7.107 0 01/01/2002 6.967 0 02/01/2002 7.307 0 11/01/2004 6.626 546 07/01/2003 7.495 19 01/20/2002 6.657 14 01/15/2002 6.685 257 09/15/2002 6.424 73 03/15/2002 7.239 50 02/20/2002 7.000 262 09/20/2002 6.957 139 05/20/2002 6.352 73 03/15/2002 6.344 195 07/15/2002 7.513 109 04/20/2002 6.983 1,549 Total Investments and Average 13,017,187.70 Run Date: 02/06/2002 - 13:51 13,792,743.59 13,911,731.35 13,462,705.14 6.085 833 Portfolio CNC CC PM (PRF_PM2) SymRepl V5.021 --4444 I Sym Pro City of National City Activity Report Sorted By Brokers December 1, 2001 - December 31, 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 143876AX8 10643 Carolina Firtst Bank 4.100 12/07/2001 95,000.00 0.00 7438385S4 10644 Provident Bank 4.375 12/19/2001 95.000.00 0.00 Subtotal and Balance Certificates of Deposit - Maturity Subtotal and Balance Negotiable/Transferable CDs 680061BK3 10076 Old National Bank 289,000.00 190,000.00 0.00 479,000.00 95,000.00 95,000.00 Subtotal and Balance 2,828,000.00 Federal Agency Securities 10645 Federal Home Loan Bank Subtotal and Balance Pass Through Securities 31376PGY5 3133TGSG5 10126 Federal Natl. Mortgage Assoc. 10637 Federal Home Loan Mrtgage Corp — Subtotal and Balance 100,000.00 6.000 12/19/2001 4.050 12/27/2001 8.500 12/15/2001 6.000 12/15/2001 0.00 95,000.00 0.00 95,000.00 2,733,000.00 105,000.00 0.00 105,000.00 0.00 205,000.00 0.00 1.235.71 0.00 44,518.42 104,096.15 0.00 45,754.13 58,342.02 Brokers Subtotal 25.886% 3,416,096.15 295,000.00 140,754.13 3,570,342.02 Brokers: Gifford Securities Inc Federal Agency Securities 3133MHC85C 10625 Federal Home Loan Bank 5.240 12/19/2001 0.00 100.000.00 3133MK4R5C 10646 Federal Home Loan Bank 4.510 12/13/2001 100,000.00 0.00 3133MKCH8C 10647 Federal Home Loan Bank 4.800 12/20/2001 100,000,00 0.00 3133MKOG5C 10648 Federal Home Loan Bank 4 600 12/28/2001 100,000.00 0.00 Subtotal and Balance Run Dole: 02/06/2002 - 13:52 400,000.00 300,000.00 100,000.00 800,000.00 Portfolio CNC CC DA (PRF DA) SymRepi V5,021 City of Nat,...,al City Activity Report December 1, 2001 - December 31, 2001 Par Value Par Value _ Percent Beginning Current Transaction Purchases SaleslCallslMaturitles Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Brokers Subtotal 4.350% 400,000.00 300,000.00 100,000.00 600,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10603 Superior Bank, FSB Subtotal and Balance Negotiable/Transferable CDs Subtotal and Balance 5.100 12/03/2001 1,784,000.00 0.00 99,000.00 0.00 99,000.00 1,685,000.00 781,000.00 781,000.00 Pass Through Securities 36202AY04020 10090 Govt. National Mortgage Assoc. 8.000 12/20/2001 0.00 367.57 36202A5C7020 10091 Govt. National Mortgage Assoc. 8.500 12/20/2001 0.00 584.99 31361SN51 10098 Federal Natl. Mortgage Assoc. 8.500 12/25/2001 0.00 218.45 313401 WX5060 10099 Federal Home Loan Mrtgage Corp 8.500 12/15/2001 0.00 137.40 36202A2B2020 10106 Govt. National Mortgage Assoc. 7.500 12/20/2001 0.00 391.97 36217LVM5020 10109 Govt. National Mortgage Assoc. 8.000 12/15/2001 0.00 594.83 36218NZQ7020 10110 Govt. National Mortgage Assoc. 8.000 12/15/2001 0.00 258.34 36202AZU4020 10111 Govt. National Mortgage Assoc. 8.500 12/20/2001 0.00 424.93 31341UZL3060 10406 Federal Home Loan Mrtgage Corp 8.000 12/15/2001 0.00 7,213.60 Subtotal and Balance 25,764.92 0.00 10,172.08 15,592.84 Brokers Subtotal 17.992% 2,590,764.92 0.00 109,172.08 2,481,592.84 Brokers: Mischler Financial Group Inc Federal Agency Securities Subtotal and Balance 100,000.00 Brokers Subtotal 0.725% 100,000.00 100,000.00 0.00 0.00 100,000.00 Brokers: PaineWebber Inc Federal Agency Securities 3133MK6A0 R,,n Date: 02,06/2002 - 13:52 10649 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 0.725% 0.00 0.00 4.025 12/11/2001 100,000.00 0.00 100,000.00 100,000.00 0.00 100,000.00 0.00 100,000.00 Portfolio CNC CC DA (PRF_DA) SyrnRept V5.021 City of National City Activity Report December 1, 2001 - December 31, 2001 Par Value Par Value Percent Beginning Current Transaction Purchases Sates/Calts/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10437 Enterprise Bank 7.050 12/05/2001 0.00 99,000.00 10438 Direct Merchants Bank 7.000 12/15/2001 0.00 100,000.00 10654 Direct Merchant's Credit Card 3.540 12/21/2001 100,000.00 0 00 Subtotal and Balance 6,440,000.00 100,000.00 199,000.00 6,341,000.00 Brokers Subtotal 45.973% 6,440,000.00 100,000.00 199,000.00 6,341,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MK6L6 10650 Federal Home Loan Bank 4.000 12/11/2001 100,000.00 0.00 3133MK4Y0 10651 Federal Home Loan Bank 3.920 12/14/2001 99,812.50 0.00 3133MKGG6 10652 Federal Home Loan Bank 5.000 12/21/2001 100,000.00 0.00 3133MKEK9 10653 Federal Home Loan Bank 4.000 12/21/2001 100,000.00 0.00 Subtotal and Balance 200,000.00 399,812.50 0.00 599,812.50 Brokers Subtotal 4.349% 200,000.00 399,812.50 0.00 599,812.50 Total 100,000% 13,148,861.07 Run Date: 02(062002 - 13.52 1,194,812.50 548,926.21 13,792,747.36 Portfolio CNC CC DA (PRF DA) SemRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT ALL FUNDS DECEMBER 31, 2001 FUND NUMBER FUND TITLE ENDING BALANCE 001 GENERAL FUND 5,725,482.12 103 GENERAL CAPITAL OUTLAY FUND 501,511.68 104 LIBRARY FUND 0.00 105 PARKS MAINTENANCE FUND 0.00 106 GRANT -CA LITERACY CAMPAIGN 876.09 107 RETIREMENT FUND 489.16 108 LIBRARY CAPITAL OUTLAY 163,850.80 109 GAS TAXES FUND 1,392,615.32 110 EMERGENCY PREPAREDNESS FUND 50,000.00 111 P.O.S.T. FUND 0.00 113 CULTURAL ARTS FUND 90,042.77 115 PARK & REC CAPITAL OUTLAY FUND 35,059.95 120 PLAN CHECKING REVOLVING FUND 31,784.44 123 GRANT -FAMILIES FOR LITERACY 10,340.06 125 SEWER SERVICE FUND 9,342,526.08 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 211,693.82 131 ASSET FORFEITURE FUND 326,622.74 135 SD COUNTY REG AUTO THEFT TASK 0.00 136 TINY TOT CLASSES FUND 12,858.48 145 JUVENILE EDUCATION FUND 317.93 147 GRANT -JUDGE PROGRAM 0.00 154 STATE PUBLIC LIBRARY FUND 76,483.82 157 GRANT-SUPPL. LAW ENF. (SLESF) 142,649.81 158 SWIMMING POOL REVOLVING FUND 26,898.75 159 GENERAL PLAN UPDATE RESERVE 206,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 9,729.17 172 TRASH RATE STABILIZATION FUND 420,318.13 173 NATIONAL SCHOOL DIST CONTRACT 3,868.17 174 SWEETWATER SCHOOL DIST CONTRAC 25,805.91 175 PETROLEUM VIOLATORS ESCROW 176 POLICE REIMBURSED OVERTIME 129,073.35 178 POLICE HAT BADGES 36.28 179 NPT BUS DONATIONS FUND 614.65 182 COPS GRANT PART II 0.00 183 LITERACY INITIATIVES VI 1,991.68 185 COPS MORE 97-CM-WX-0949 0.00 188 GRANT - HIDTA 0.00 189 CIVIC CENTER REFURBISHING 1,653,771.61 190 30TH STREET CLEANUP FUND - 1303 247,100.19 191 GRANT - STOP PROJECT 58,205.43 192 LEASE ESCROW FUND 0.00 193 COPS GRANT PART III 0.00 195 LANDSCAPE RESERVE 818,033.31 196 CAPITAL PROJECT RESERVE 740,979.75 197 PRODUCTIVITY IMPROVEMENT RESER 50,000.00 198 PROPERTY EVIDENCE SEIZURE 11,508.11 200 30T11 STREET CLEANUP FUND - 1304 632,888.15 203 PARK SECURITY/GTE LEASE 28,000.00 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 121,150.11 209 FY99-00 LITERACY INITIATIVES VIII 8.60 210 FY99-00 F.U.L.F.I.L.L. 0.00 211 SECURITY AND ALARM REGULATION FUND 88,810.82 212 PERSONNEL. COMPENSATION FUND 349,228.00 214 EVERY IS MINUTES GRANT FYI999-2000 2,833.95 218 I IIHG INTENSITY PREVENTION ZONE 4,042.88 219 FY00-0I LITERACY INITIATIVE IX 0.00 220 LOCAI. LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 25,682.65 223 FACE TO FACE INFORMATION GRANT FY 00-01 0.00 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 564,724.73 228 GROWING WITH MOTHER GOOSE GRANT 0.00 229 C1.EEP GRANT 104,206.05 230 ABANDONED VEIIICLE ABATEMENT GRANT 0.00 231 HOUSING PILOT PROGRAM 0.00 Jt al he 233 LOCAL LAW ENE. BLOCK GRANT FY2001-2002 0.00 270 NUISANCE ABATEMENT FUND 2,633.38 272 LITERACY INITIATIVES X 44,495.89 301 GRANT-C.D.B.G. 0.00 302 CDC PAYMENTS 0.00 303 CAPITAL PACILITIES FUND 399,571.00 304 PARK DEVELOPMENT FUND 139,139.25 307 PROPOSITION A" FUND 1,853,505.08 308 GRANT -HIGHWAY BRIDGE REHAB 863,864.91 312 STY LOCAL/PRANSNET HIGHWAY 480,306.82 313 GRANT-CMAQ 0.00 314 OTS GRANT 343 STATE -LOCAL PARTNERSHIP 102,020.89 345 TRAFFIC CONGESTION RELIEF 422,953.05 347 PUBLIC RESOURCES ACCOUNT 8,686.45 348 STATE GRANT ' 0.00 349 GF.N FUND LOCAL ASSISTANCE FOR PARKS GRNT 0.00 363 SECURITY & FIRE ALARM REGULATION FUND 35,972,50 552 TDA (629,573.42) 626 FACILITIES MAINT FUND 0.00 627 LIABILITY INS. FUND 4,540,795.35 628 GENERAL SERVICES FUND 0.00 629 INFORMATION SYSTEMS MAINTENANC 74,193.59 630 OFFICE EQUIPMENT DEPRECIATION 1,735,730.87 631 TEI.ECOMMUNICATIONS REVOLVING 334,856.68 632 GENERAL ACCOUNTING SERVICES 0.00 633 UNEMPLOYMENT INSURANCE RESERVE. 102,929.00 643 MOTOR VEHICLE SVC FUND 59,104.25 719 1911 ACT IMPROVEMENT BONDS 1,424.52 721 LIBRARY TRUST FUND 43,645.11 724 COBRA/RETIREE INSURANCE 0.00 725 PLANNING 750.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 40,959.00 TOTAL 35,116,187.99 FUND # FUND TITLE 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENF. (SLESF) 158 SWIMMING POOL REVOLVING FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 188 GRANT - HIDTA 190 30TH STREET CLEANUP FUND - 1303 191 GRANT - STOP PROJECT 192 LEASE ESCROW FUND 199 SOUTH BAY COMMUNITY SVCS GRANT 200 30TH STREET CLEANUP FUND - 1304 204 GALE GRANT 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 218 HIHG INTENSITY PREVENTION ZONE 219 FY00-01 LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00 225 ENGLISH LANGUAGE LITERACY INCENTIVE 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 232 TRAN DEBT SERVICE FUND 272 LITERACY INITIATIVES X 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCAL/TRANSNET HIGHWAY 313 GRANT-CMAQ 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 347 PUBLIC RESOURCES ACCOUNT 552 TDA 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 721 LIBRARY TRUST FUND TOTALS MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING DECEMBER DECEMBER REVENUE 2,359,334.89 151,237.44 176,230.06 14,377.33 84,361.22 0.00 350.00 6,281.77 0.00 426,291.86 17,685.00 755.59 0.00 1,620.00 0.00 0.00 550.00 0.00 0.00 0.00 21,367.09 0.00 890.50 0.00 675.03 4,081.00 110,722.98 0.00 1,675.92 0.00 0.00 3,080.00 0.00 37,119.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 92,565.00 0.00 29,077.35 0.00 0.00 0.00 0.00 0.00 0.00 0.00 83,625.00 77,380.84 0.00 0.00 0.00 3,701,334.91 YTD REVENUE 10,402,013.92 168,431.20 200,765.18 34,816.91 244,871.64 47,308.62 2,226.80 33,055.44 22,383.75 1,671,616.97 17,685.00 127,299.00 20,259.98 3,100.00 - 25,442.00 -64,372.11 113,926.11 113,399.00 20,204.25 23,022.86 87,934.70 145.21 31,836.03 - 59,115.73 5,173.18 49,737.00 110,722.98 36,441.00 12,272.04 -9,784.94 12,068.16 23,316.82 124,389.36 59,643.54 249,855.35 83,919.46 59,669.26 12,615.14 677,263.02 12,147.33 47,474.00 10,019.12 92,565.00 405,156.87 56,739.92 -172,947.15 755,918.77 -7,862.28 -359,925.59 - 649.61 29,553.09 -49,140.00 713,577.28 469,128.74 55,626.00 35.00 - 713.43 16,801,377.16 FOR THE MONTFINDINFG DECEMBER TS 3/1/02 FUND NO. FUND TITLE DECEMBER YTD.DEC 001 MTCROI-ILM FESS - ENGINEERING T,527,358.65 36,816,659.60 104 LIBRARY FUND 63,997,00 335,660.86 105 PARKS MAINTENANCE FUND 48,545.37 277,115.10 108 LIBRARY CAPITAL OUTLAY 546.36 739,83 109 GAS TAXES FUND 11,058.64 252,834.27 111 P.O.S.T. FUND 6,452.59 73,540.30 112 LOWER SWEETWATER FUND 0.00 4,254.28 120 PLAN CHECKING REVOLVING FUND 0.00 23,922.24 123 GRANT -FAMILIES FOR LITERACY 1,195.83 12,043.69 125 RESURFACE STREETS 152,336.86 8,421,416.92 130 EMT-D REVOLVING FUND 0.00 1,318.70 131 ASSET FORFEITURE FUND 3,607.00 37,864.04 135 SD COUNTY REG AUTO THEFT TASK 21,637.87 42,054.93 136 TINY TOT CLASSES FUND 135.84 1,104.66 145 JUVENILE EDUCATION FUND 0.00 5,567.22 147 GRANT -JUDGE PROGRAM 0.00 5,184.18 154 STATE PUBLIC LIBRARY FUND 3,116.28 36,507.06 171 OTHER STATE GRANTS 4,808.24 25,683.70 172 TRASH RATE STABILIZATION FUND 1,299.02 21,631.20 173 NATIONAL SCHOOL DIST CONTRACT 0.00 7,567.00 174 SWEETWATER SCHOOL DIST CONTRAC 5,851.25 34,619.57 182 COPS GRANT PART II 10,715.82 48,971.32 188 GRANT - HIDTA 6,283.33 24,119.02 189 CIVIC CENTER REFURBISHING 723.68 23,032.02 190 30TH STREET CLEANUP FUND - 1303 771.68 32,516.14 191 GRANT - STOP PROJECT 13,709.94 74,997.91 192 LEASE ESCROW FUND 86.10 (118,997.53) 193 COPS GRANT PART III 1,886.30 10,973.15 195 LANDSCAPE RESERVE 16,513.04 51,382.30 196 CAPITAL PROJECT RESERVE 3,992.30 18,757.44 198 PROPERTY EVIDENCE SEIZURE 0.00 222.68 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 170.94 4,540.44 210 FY99-00 F.U.L.F.I.L.L. 0.00 17,921.54 211 SECURITY AND ALARM REGULATION FUND 3,266.84 15,278.57 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-00 0.00 124,389.36 218 HIHG INTENSITY PREVENTION ZONE 8,711.66 55,424.13 219 FY00-01 LITERACY INITIATIVE IX 0.00 257,896.41 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 0.00 66,866.83 222 OTHER STATE GRANTS 9,647.22 64,686.98 223 FACE TO FACE INFORMATION GRANT FY 00-01 0.00 16,840.05 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 21,457.26 111,902.85 228 GROWING WITH MOTHER GOOSE GRANT I 0.00 19,108.37 229 CLEEP GRANT I 2,861.65 62,418.95 230 WEARING APPAREL 27,071.60 156,935.20 231 HOUSING PILOT PROGRAM 8,603.10 18,755.83 232 TRAN DEBT SERVICE FUND 0.00 39,701.84 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 0.00 31,078.78 272 LITERACY INITIATIVES X 34,070.82 48,069.11 301 DUSK TO DAWN LIGHT 1,087,327.44 3,035,558.48 302 CDC PAYMENTS 31,821.19 175,366.67 307 N.C. BLVD BRIDGE 564,170.14 684,670.20 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 450.00 313 GRANT-CMAQ 3,636.16 89,698.42 315 COMPUTER AIDED DESIGN 0.00 66,378.00 343 STATE -LOCAL PARTNERSHIP 5,080.50 5,531.53 345 UNDESIGNATED FUND BALANCE 36,305.40 36,305.40 348 STATE GRANT 5,829.50 14,721.50 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 0.00 2,800.87 552 TDA 472,421.44 2,338,987.9` 626 FACILITIES MAINT FUND 96,015.63 623,556.84 627 LIABILITY INS. FUND (148,442.12) 459,564.91 628 GENERAL SERVICES FUND 14,532.16 76,618.40 629 INFORMATION SYSTEMS MAINTENANC 1,509.41 109,312.32 630 OFFICE EQUIPMENT DEPRECIATION 47,358.66 513,688.06 631 TELECOMMUNICATIONS REVOLVING 7,379.81 93,126.93 632 GENERAL ACCOUNTING SERVICES 34,618.06 191,312.06 id .P %i. ' FUND NO. FUND TITLE DECEMBER YTD.DEC 633 UNEMPLOYMEN I- INSURANCE RESERVE 0.00 1,292.00 643 MOTOR VEHICLE SVC FUND 68,214.49 515,846.88 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 10,350,267.95 56,786,342.54 City of National City Pooled Investment Transactions Report For the Month of December 2001 Date Description Institution Ref. No. Amount Beginning Balance 22,277,439.93 12/7 Deposit LAIF 739860 357,000.00 12/10 Withdrawal LAIF 189988 (180,000.00) 12/17 Withdrawal LAIF 104753 (540,000.00) 12/18 Withdrawal LAIF 570458 (400,000.00) 12/20 Withdrawal LAIF 269528 (111,000.00) 12/27 Deposit LAIF 388675 1,200,000.00 Ending Balance 22,603,439.93 1201 Combined Cash Reconciliation Worksheets Page 1 3/2/02 •. It? H. .o City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER #34 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #34 per Government Section Code 37208. CEnvironmental Review _ _ N/A 1-FinancialStatement Not applicable. >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,019,700.37. Approved By:V Finance Director Account No. _ BOARD / COMMISSION RECOMMENDATION £ » &1i.' ATTACHMENTS ( Listed Below ) 1. W rrarit Register #34 2. Workers Comp Warrant Register dated 02/13/02 3. Payroll Warrant Register dated 02/13/02 Resolution No. City of National City, California COUNCIL AGENDA STATEMENT .IIEETING DATE March 12, 2002 AGENDA ITEM NO. 14 / ITEM TITLE WARRANT REGISTER #35 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #35 per Government Section Code 37208. J Environmental Review N/A (-Financial Statement Not applicable. Approved By: Finance Director Account No. ._ STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $437,576.87. BOARD / COMMISSION ECOMMENDATION 4 ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #35 2. Workers Comp Warrant Register dated 02/20/02 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 15 ('ITEM TITLE CI.,AIM FOR DAMAGES: Marites S. Valencia PREPARED BY Michael R. Dalla, CMS PARTMENT City Clerk EXPLANATION The claim of Marites S. Valencia arises from an occurrence on January 8, 2002 and was filed with the City Clerk's Office on January 11, 2002 . J gnvironmental Review Financial Statement N/A XX N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below I Resolution No.. N/A A-200 (9:80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 16 ITEM TITLE CLAIM FOR DAMAGES: Benjamin Brown PREPARED BY Michael R. Dalla, CMQ PARTMENT City Clerk EXPLANATION The claim of Benjamin Brown arises from an occurrence on December 4, 2001 and was filed with the City Clerk's Office on January 10, 2002 . J Environmental Review Financial Statement N/A XX N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 17 ITti►d'I TITLE Maintenance of Reserve Funds - City Council Policy #201 PREPARED BY Park Morse, ACM ,DEP T City Manager Marylou Matienzo, Finance DclorR a7Z??1J Finance EXPLANATIQI4 _ Economic realities suggest that the City's current reserving strategies need to be updated. The attached documents explain why changes are necessary and include a re -draft of City Council Policy #201. Specifically, Staff proposes the following language be adopted: "CONTINGENCY RESERVE: General Fund - The City Manager is charged with the responsibility of maintaining an accumulating General Fund Contingency Reserve at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the CAFR. Expenditures from the General Fund Contingency Reserve require City Council approval." i E tviranmeetc? Review rA a A .t-3.KT;" ?gin MCA's.,:. !kw Financial 54atement See attached x N/A Account i+7a, STAFF.. R CSs;. IPr1 �IL1AT€C} I Adopt the revised City Council Policy #201 BOARD/ itip:.vitaAiEslo •t ghCOMMENDATION N/A Background memo Sales tax chart Loss of revenue chart Current policy Resolution No. 2002-35 Property tax chart Proposed policy / i.2:0 ! _.. 5/SC RESOLUTION NO. 2002 - 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 201 PERTAINING TO THE MAINTENANCE OF RESERVE FUNDS POLICY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 201, entitled "Maintenance of Reserve Funds", is amended as recommended by the City Manager and Finance Director, to add the following language: "CONTINGENCY RESERVE: General Fund - The City Manager is charged with the responsibility of maintaining an accumulating General Fund Contingency Reserve at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the CARF. Expenditures from the General Fund Contingency Reserve require City Council approval." PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CURRENT ATTACHMENT C CITY COUNCIL POLICY TITLE: MAINTENANCE OF RESERVE FUNDS POLICY 201 NUMBER: ADOPTED: JUNE 26, 1985 AMENDED OR REVISED: Purpose The City will establish reserves to strengthen its ability to withstand unexpected financial emergencies such as may result from national disasters, revenue shortfalls, or unanticipated expenditures of a non- recurring nature to accumulate funds for large-scale purchase without having to borrow. Policy The reserve funds will be maintained in the appropriate funds at the following minimum levels: ♦ CONTINGENCY RESERVE: An amount equal to five percent of the estimated revenue of the following funds: 1. General Fund 2. Gas Tax Fund 3. Sewer Service Fund • LIABILITY INSURANCE RESERVE: An amount equal to nine times the sell -insured retention required by the City's liability insurance policy. • WORKERS COMPENSATION RESERVE: An amount equal to the incurred expenses remaining unpaid for all open Workers Compensation claims. ♦ DEBT SERVICE RESERVE: An amount equal to one years' debt service requirement of all long-term obligations. • EQUIPMENT REPLACEMENT RESERVE: An amount equal to the accumulated depreciation of the replacement value of the motor vehicles fleet. Related Policy References None CITY OF NATIONAL CITY 3 3 3 3 :3 D 3 3 3y Jy J 3 3 ATTACHMENT B ESTIMATED REVENUE LOSSES DUE TO STATE BUDGET ACTIONS 1981 - 2002 Initial Continuing 1/2 FY Initial Year Annual Cumulative Revenue item Authorir erg Legislation Effective CPI Loss Loss Loss STATE CONTINUING LOSSES Liquor license fees Highway carriers uniform business tax Financial aid to local agencies Business inventory property tax relief -reduction Business inventory property tax relief -repeal Cigarette tax shift to State Booking fees Property tax administration charges Fines and forfeitures-50%. reduction Fine and forfeitures -shift to counties Cigarette taxes-47% shift to State Property tax -shift to State Trailer coach in -lieu -shift to State Cigarette tax -shift to State Net property tax shift Sub -total STATE ONE-TIME LOSSES Cut in VLF-1981-82 Cut in VLF-1982-83 Cut in VLF-1983-84 Supplemental subventions TOTALS SB102, Chapter 101, 1981 SB102, Chapter 101, 1981 SB102, Chapter 101, 1981 AB 223, Chapter 323,1983 SB 794, Chapter 447, 1984 SB 899, Chapter 467,1990 SB 2557, Chapter 466, 1990 SB 2557, Chapter 466,1990 AB 1297, Chapter 90,1991 AB 1297, Chapter 90,1991 SB 21, Chapter 331, 1991 SB 617 and SB 844, 1992 SB 617 and SB 844, 1992 SB 617 and SB 844, 1992 SB 1135 and AB 1519 SB102, Chapter 101, 1981 SB 1326, Chapter 327, 1982 SB 223, Chapter 323, 1983 AB 160, Chapter 449, 1990 81/82 272.4 S31,987 $60,230 S992,120 81/82 272.4 SI1,414 S21,490 $354,020 81/82 272.4 $115,785 $218,010 S3,591,190 83/84 298.4 S33,210 S57,080 $877,790 84/85 311.1 $59,504 $98,100 S1,451,510 90/91 400.9 $12,814 S 16,390 S 176,890 90/91 400.9 $421,000 $538,620 S5,812,630 90t91 400.9 $27,290 $34,910 $376,760 91/92 413.0 $167,234 $207,690 $2,078,960 91/92 413.0 S81,879 $101,680 S1,017,880 91/92 413.0 S56,760 S70,490 $705,610 92/93 4252 $244,644 S295,100 $2,716,390 92J93 4252 $2,823 $3,410 S31,350 92/93 4252 $64,006 S77,210 S710,690 93/94 4252 $281,000 S338,960 $2,839,090 81/82 272.4 $315,000 82/83 289.1 S478,000 83/84 298.4 $604,000 90/91 400.9 S68,000 Notes: Continuing and cumulative losses have been adjusted to reflect 2001 dollars using U.S. CPI. Excludes revenue losses applicable to Redevelopment Agency. Excludes additional shifts for FY 1993-94 estimated by Legislative Analyst as follows: Property tax cut One-time shift from Transportation Planning & Development Account Extension of 1/2 cent Sales Tax Net FY 1993-94 tax shift aae,a S2,139,370 $23,732,880 $610,903 $873,471 S1,069,325 S89,610 S2,139,370 $26,376,189 $328,000 ^($155,000) ($52,000) S121,000 EXHIBIT 1 3 City of National City City Manager's Office Attachment A U Per Capita Sales Tax Revenue (1999) Carlsbad National City y Escondido La Mesa El Cajon I San Marcos Beach i Solana Lemon Grove Poway i Encinitas San Diego Vista Vista Chula Santee Coronado ' Oceanside Imperial Beach $0 U $50 $100 $150 Per Capita Property Tax Revenue (1997-1998) $200 $250 Coronado Del Mar Encinitas Solana Beach Carlsbad I San Diego Oceanside Poway Santee milimmommin ammilimem minuommis Imperial Beach Chula Vista Vista La Mesa Grove City emimmo Lemon mommum Escondido El Cajon nimilimmo National ® San Marcos $0 $50 $100 $150 $200 $250 $300 2/28/02 salesproperty.exe Specifically, Staff proposes the following language be adopted: "CONTINGENCY RESERVE: General Fund - The City Manager is charged with the responsibility of maintaining an accumulating General Fund Contingency Reserve at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the CAFR. Expenditures from the General Fund Contingency Reserve require City Council approval." This update to our reserve policy makes several important changes: (1) It establishes a goal, not a do-or-die number, which the City should seek to achieve, and; (2) the base is changed FROM revenue TO expenditures because we should be reserving against what it costs us to do business. Today's current policy of 5% of revenue provided a FY 99-00 General Fund Reserve of $1,020,284, as stated in the CAFR (Comprehensive Annual Financial Report) for that year. In an absolute worst -case scenario assuming an immediate cutoff of all revenue and no contraction in municipal spending, our current reserving levels would pay the City's bills for 2.5 weeks. Such a scenario is absurd but it does give us a reference point. Using the same data and the same worst -case scenario, reserves in the new target range proposed would pay our expenses for approximately three to six months. That is the goal of adequate reserves; time - time to react and to craft a response to a surprise impact in our operations. • Recommendation That the City Council adopt the proposed revision to City Council Policy Number 201, as shown in Attachment D. Page 3 Reserve Policy Update Reserves.doc To put it another way, when we assess our risks, we need to be reserving against our almost unique reliance on sales tax. Reserves must be built and maintained to address this reality. • Economic Issues There are a number of economic issues that we should consider in establishing our reserve levels and policy. They include: A. Closures of major sales tax producers including FEDCO and Montgomery Wards. Out of the last five years, these retailers generated $454,000 and $191,000 respectively in each of their highest production years. Combined, these closures represent a loss from the high of almost $654,000 a year in the resources that would be available for municipal services. It is also worth noting that each of the individual losses was, in itself, a large number to us. B. New expenses abound, including: the start of payments on the Fuller Ford Site (approx. $250,000/year for 5 years); increased energy costs (running approx. $731,000 over budget last year); NPDES Storm Water monitoring costs, and; increases in employee compensation. C. The economy is coming back. A year from now, what will the impact on sales tax have been? D. Despite previous record -breaking budget surpluses in Sacramento, the State now faces a possible deficit of $15-million in FY 02-03. Almost nothing has been done to address the continued extortion of municipal monies by Sacramento (see "Estimated Revenue Losses" — Attachment B). The possibility remains of a redistribution of sales tax on an other-than-situs formula (i.e.: AB 680). As always there is continuing talk of another VLF grab. Any of these could have grave consequences for us. E. As the Unified Port District continues to withdraw lands from revenue generating use, the City's funds are impacted, as are those of the CDC. • Proposal There are no known policies or standards that govern the ideal levels of a city's reserves. Instead, reserve policies are tailored by the individual agency. Again, this is generally a matter of assessing risk. Our current reserve policy (Attachment C) for the City's General Fund is that 5% of revenue be set aside. A 1997-98 survey of San Diego county cities reported that we had the lowest reserving levels of any city. This is a particularly hazardous position to be in, again given our reliance on sales tax. The current policy was adopted 17 years ago and has not been updated. Page 2 Reserve Policy Update Reserves.doc • Introduction The purpose of this agenda item is to recommend an update in City Council Policy Number 201, Maintenance of Reserve Funds. This policy was first adopted about 17 years ago and has not been modified. Although the Policy covers several funds, only the General Fund portion is recommended for change. • Purpose of Reserves A reserve is our lifeline. It gives the City Council time to react to trends and to events. When the economy heads downward or when one-time expenditures need funding, reserves are a logical place to look. Adequate reserves not only provide this cushion, but they also demonstrate to bond rating agencies that the City is serious about saving and preparing for uncertainty. Another way to look at reserves is to view them as risk management tools. The question becomes, 'What risks should we reserve against?' • Assessing our Risk Perhaps more than any other single influence, the economy is the one item that can deliver prosperity or, alternatively shred our operating budget and our ability to deliver services. 52.4% of the total revenue to the City's General Fund is generated by sales tax. This places us on a roller coaster ride with the local and regional economy. The lack of balance in our revenue picture increases the volatility of our revenue stream immeasurably, especially when compared to the broader revenue picture that other cities enjoy. Two attached charts help show the picture. "Per Capita Sales Tax Revenue - 1999" (Attachment A) shows us at an admirable per capita yield of about $234, far out -distancing most of the County's other cities. The second chart, "Per Capita Property Tax Revenue - 1997-1998" (Attachment A, lower chart) shows the flip side. Here we are almost dead last in the region. Our assessed value per capita (based on a FY 96-97 survey) was second lowest in the county. In that same survey, our General Fund total revenue per capita was again second lowest in the county and this result goes directly to our mix of revenues. When the economy slows (and sales tax receipts go down) there is little to rely upon except property tax revenue, and that revenue stream is currently the second lowest in the county. During the recession of the early 1990's, sales tax plummeted. Over a period of several years, millions of dollars of resources to the City were eliminated, services were cut and employees were impacted. To address the probability of this and similar events reoccurring, the City needs a more aggressive reserve strategy. Our local revenue base is not flexible. It is largely reliant on sales tax. Page 1 Reserve Policy Update Reserves.doc PROPOSED ATTACHMENT D CITY COUNCIL POLICY TITLE: MAINTENANCE OF RESERVE FUNDS POLICY NUMBER 201 ADOPTED: JUNE 26, 1985 AMENDED OR REVISED MARCH 12, 2002 Purpose The City will establish reserves to strengthen its ability to withstand unexpected financial emergencies such as may result from national disasters, revenue shortfalls, or unanticipated expenditures of a non -recurring nature and to accumulate funds for large-scale purchases. Policy The reserve funds will be maintained in the appropriate funds at the following levels: • CONTINGENCY RESERVE: 1. General Fund — The City Manager is charged with the responsibility of maintain- ing an accumulating General Fund Contingency Reserve at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures. The actual amount of the General Fund Contingency Reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of the CAFR. Expenditures from the General Fund Contingency Reserve require City Council approval. 2. Gas Tax Fund - an amount equal to a minimum level of five percent of the esti- mated revenue. 3. Sewer Service Fund an amount equal to a minimum level of five percent of esti- mated revenue. • LIABILITY INSURANCE RESERVE: An amount equal to nine times the self - insured retention required by the City's liability insurance policy. • WORKERS COMPENSATION RESERVE: An amount equal to the incurred ex- penses remaining unpaid for all open Workers Compensation claims. • DEBT SERVICE RESERVE: An amount equal to one years' debt service require- ment of all long-term obligations. • EQUIPMENT REPLACEMENT RESERVE: An amount equal to the accumulated depreciation of the replacement value of the motor vehicle fleet. Related Policy References None CITY OF NATIONAL CITY ** REFER TO AGENDA ITEM #1 ** City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE March 12. 2002 AGENDA ITEM NO. __ 18 ._. _ _ ITEM TITLE RESOLUTION APPROVING 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) PREPARED BY Jon Cain..' DEPARTMENT Planning EXPLANATION A Council hearing for this project is listed as a separate agenda item. In order to comply with time limits specified in State law and the City Subdivision Ordinance, it is necessary to adopt a resolution at this meeting. Any changes to conditions or findings made during the hearing v i11 need to be reflected in the resolution. y Environmental Review N/A Environmental Impact Report (IS-88-55) certified August 1990; EIR Addendum completed December 2001 Financial Statement N/A Lr 1 STAFF RECOMMENDATION Adopt the attached resolution. 4CP Account No. BOARD i COMMISSION RECOMMENDATION N/A ATTACHMENTS s Listed Below) Resolution No. 2002-36 Resolution RESOLUTION NO. 2002 — 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 City Council of the City of National City, California, considered said applications at a duly advertised public hearing held on February 4, and March 12, 2002, at which time the City Council considered oral and documentary evidence; and, WHEREAS, at said public hearing the City Council 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 City Council 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: Resolution No. 2002 — 36 March 12, 2002 Page Two 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 sewage 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 City Council 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 acrss, 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. Resolution No. 2002 — 36 March 12, 2002 Page Three 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 ner.ess►ry 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 City Council 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 City Council 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. Resolution No. 2002 — 36 March 12, 2002 Page Four 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 father 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 approved 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, 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. 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. Resolution No. 2002 — 36 March 12, 2002 Page Five 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. Resolution No. 2002 — 36 March 12, 2002 Page Six 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 estlimate for all of the proposed grading, drainage, street improvements, landscaping, and reining wall work shall be posted. Three percent (3%) of the estimated cost shall also be depoited 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 final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 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 final map. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to 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. Resolution No. 2002 - 36 March 12, 2002 Page Seven 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. g. A type 2A:10BC fire extinguisher is required at the pool/spa 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 acres 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. Resolution No. 2002 — 36 March 12, 2002 Page Eight 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, 2' 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. Resolution No. 2002 — 36 March 12, 2002 Page Nine 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 access 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. Resolution No. 2002 — 36 March 12, 2002 Page Ten 45. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 12th day of March, 2002. George H. Waters, Mayor A 1 1EST: Michael R Dalla, City Clerk APPROVED AS TO FORM: udolf Hradecky Senior Assistant City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 19 ITEM TITLE Consulting Services Agreement - Facilitator for Community Police Relations Task Force --- PREPARED BY Park Morseit Assistant City Manager EXPLANATION DEPARTMENT City Manager At its February 19, 2002, City Council meeting, the City Council directed staff to prepare an agreement to engage Collins Group as a facilitator for the 25-member Community Police Relations Task Force. The attached agreement contains a scope of work for the project and an associated cost of $25,000. The scope of work and schedule are designed to meet Council's goal of completing all work in time to meet deadlines for the November 5, 2002, ballot. Collins Group will work with the Task Force to provide a Development Report to Council by April 29, 2002. This initial report will detail the tasks and timelines of the Task Force. A Final Report will be provided to Council by June 30, 2002. In the agreement the Collins Group requests that a designated representative of the Mayor and Council be appointed for reporting purposes. If Council chooses to approve this agreement tonight, staff recommends that a Council representative be appointed for reporting purposes. Mr. Collins is in the audience tonight should you have any questions. Environmental Review ✓ N/A Financial Statement Monies are available in General Fund, Undesignated Fund Balance. '12r"? 7-1-)17 Account No. 001-2501 STAFF RECOMMENDATION Approve agreement BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1) Cover Letter and Resume 2) Agreement 3) Resolution Resolution No. 2002- 37 A-200 (9/80) RESOLUTION NO. 2002 - 37 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 COLLINS STRATEGIC GROUP, INC. TO ASSIST WITH THE FORMATION OF A COMMUNITY POLICE RELATIONS TASK FORCE WHEREAS, the City desires to employ a consultant to assist with the formation of a Community Police Relations Task Force, and WHEREAS, the City has determined that Collins Strategic Group, Inc. is a professional facilitator and is qualified by experience and ability to perform the services desired by the City, and Collins Strategic Group, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Collins Strategic Group, Inc. to assist with the formation of a Community Police Relations Task Force. Said Agreement is on file in the office of the City Clerk. PASSED and ADOVIED this 12th day of March, 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney y o lins Group 610 Gateway Center Way, Suite G, San Diego, CA 92102 (619) 266-7277 • Fax: (619) 266-8130 hc@collinsgroupinc.com February 13, 2002 The Honorable George Waters, Mayor - and Members of the City Council City of National City 1243 National City Blvd. National City, CA 91950-4301 Re: Consulting Services for Police Community Task Force Dear Mayor Waters: It is with considerable interest that our firm is following City Council deliberations regarding the creation of a Police Community Task Force and a civilian review board. Without question, National City is faced with a dynamic set of issues that require an intuitive balance of emotion, opinion, fact and capacity to be addressed equitably. Should your City Council and/or City Manager chose to enlist independent professional services to facilitate public discussion or otherwise explore and resolve these issues constructively, we would like to offer our assistance. Toward this end, I have provided a summary our key personnel. Please note that George Walker Smith, a member of our team, was a founding co -Chairperson of San Diego's Police Review Panel. Collins Strategic Group, Inc. (Collins Group) is a results -oriented consulting practice with demonstrated expertise in improving effectiveness of message, image, and community support We bring specialized capabilities to high profile issues that require sustained coordination and collaboration among stakeholders, government agencies, policy - makers, and diverse communities. Our "think team" approach creates viable relationships between parties who might otherwise begin their dialogue in disagreement We assist our dients in creatively overcoming obstacles and reaching a consensus of ideas and goals. We respect our dients' proprietary business relationships and their desire for confidentially. Collins Strategic Group's notable roster of dients and projects include: • San Diego Super Bowl XXXII Host Committee • Metropolitan Water District of Southern California • San Diego Padres — San Diego Ballpark Builders • San Diego Unified School District • Bank of Commerce (Now US Bank) • Southeastern Economic Development Corporation (SEDC) • San Diego Convention Center Corporation • Greater San Diego Chamber of Commerce Foundation Thank you for your careful consideration of our interest and our qualifications. We welcome the opportunity to provide service to you. Herman C. Collins President / CEO cc: itch Bauchamp, rr « ber Ron Morrison, Council Member Rosalie Zarate, Council Member COLLINS STRATEGIC GROUP, INC KEY PERSONNEL Herman C. Collins is the President and Chief Executive Officer of Collins Strategic Group. A San Diego native and registered lobbyist, Mr. Collins is an influential pundit on issues of community, economic and business development, diversity and outreach, public policy and project management He has a formidable reputation within the city's communities of color as well as with those whose politics, policies and projects impact those communities. He has worked successfully to advance San Diego's minority and women business enterprises, to improve lender's community reinvestment practices, and to assist in the deployment of services and opportunities to the region's historically underserved residents. Mr. Collins' career highlights include Chief of Staff and Special Assistant for Economic Development to San Diego City Council -member George Stevens, Director of Youth Programs for the San Diego Urban League, and Executive Director of the San Diego Opportunities Industrialization Center. Cheryl Alethia Phelps is a Consulting Partner to Collins Strategic Group, providing the firm critical expertise in strategic planning, organizational development and public, media and government relations. She has proven herself a charismatic communicator and effective problem solver with the ability to provide strategic vision, set realistic priorities and initiate viable courses of action. Ms. Phelps has more than a decade of legislative and public policy experience, including a seven-year tenure in the employ of the U.S. House of Representatives where she was responsible for evaluating the performance of executive agencies, directing investigations, negotiating bipartisan consensus at the senior staff level, and structuring Committee hearings both in Washington, D.C. and across the United States. The Reverend George Walker Smith is a principal Advisor to Collins Strategic Group. A respected civic leader, ombudsman and community icon for nearly fifty years, Rev. Smith provides the firm national exposure as well as invaluable access, influence and leverage. He enjoys numerous civic, educational and professional affiliations including the White House Committee on Education and the Arts, the California School Board Resolution Committee, and the Board of Trustees for San Diego Community Colleges. He is the recipient of several awards and honors, inducing the ARCO Chicano Foundation Civic Leadership Award, and the Community and Human Relations Award given by the National Conference of Christians and Jews. Rev. Smith's incomparable career includes 42 years as Pastor of Christ United Presbyterian Church, 16 years as elected Trustee to the San Diego Unified School District and 22 years as Chairman of the local United Negro College Fund, and 27 years as founding Chairman of San Diego's Catfish Club. Rev. Smith is a founding Chairman of the City of San Diego's Citizens Police Review Panel. Nicoli Richardson is an Organizational Assistant to Collins Strategic Group. A recent Stanford University graduate, Ms. Richardson is proficient in written and oral Spanish. In addition to her administrative duties, she serves as the firm's English/ Spanish translator, coordinates meeting and event planning, and conducts client and project research. ISUBCONSULTANTS ABCO CONSULTANTS Augie Bareno, firm principal provides a wealth of experience in the expansion of communication between public agencies and the Latino community. His experience includes employment as the Director for the Department of Trans -border Affairs and Economic Development; Assistant Director for Personnel and Deputy Director to the Department of Social Services for the County of San Diego; Policy Project Manager and Assistant to the Chief Administrative Officer of the County of San Diego. His public policy practice includes: the Fallbrook Town Manager and Incorporation Study; Encinitas Incorporation; Bonier Corridor Study, Bi-national Airport - Brown Field Study #1; and, Border Sewage and Water Issues — acting as Liaison to IBWC and EPA. Augie Bareno has served 20 Years as an elected School Board Member in the National City School District and Trustee with the Southwestern Community College District. ABCO Consultants will enhance our team with invaluable expertise in working with the Latina/Latino communities of National City. Union of Pan -Asian Communities (UPAC) Asian Americans are lumped together. Never mind that they represent over 30 distinct cultures and hundreds of languages and dialects. It is for this reason UPAC will be engaged by Collins Group to bridge the linguistic, and cultural barriers with the Asian American residents of National City. Founded in 1974, UPAC continues to fulfill its commitment to providing essential human care services for those most in need. For Asian American's they have identified critical health, social, and economic challenges, unified diverse cultures and generations for the good of all communities, and demonstrated the courage to see changes to their conclusion. ♦♦♦♦ Collins Strategic Group will contract with otherispecialists as needed. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COLLINS STRATEGIC GROUP, INC. THIS AGREEMENT is entered into this day of 200_, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Collins Strategic Group, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to assist with the formation and facilitation of a Community Police Relations Task Force. WHEREAS, the CITY has determined that the CONTRACTOR is a professional facilitator and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 20% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The Assistant City Manager hereby is designated as the Project Coordinator for the CITY and will monitor the Revised 52000 progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Herman C. Collins thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the Assistant City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use 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 rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 2 Revised 5/2001 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 term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 3 Revised 5/2001 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless 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 has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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 CON 1RACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without 4 Revised 5/2001 any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement. 15. WORKERS' COMPENSATION. The CON TRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. 5 Revised 5/2001 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement qr award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be lijnited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of thd action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. I8. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, 6 Revised 5/2001 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: 7 Revised 5/2001 To the CITY: Tom G. McCabe City Manager City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Collins Strategic Group Inc. Herman C. Collins, President and CEO 610 Gateway Center Way, Suite G San Diego, CA 92102 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. 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 8 Rcviscd 5/2001 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 52001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Collins Strategic Group Inc. (Two signatures required) By: By: George H. Waters, Mayor Lid /�/1u4 dEb APPROVED AS TO FORM: By: George H. Eiser, III (Title) (Name) City Attorney (Title) 10 Revised 5/2001 Exhibit A SCOPE OF SERVICES Facilitation of a Citizens Task Force Studying the Need for a National City Civilian Police Review Board Collins Strategic Group, Incorporated, a California Corporation shall provide specific professional consulting services as an independent contractor to the City of National City for the facilitation of a Citizens Task Force appointed by the Mayor and Members of the City Council to consider the need for the civilian review of police practices. Goals/Outcomes Collins Strategic Group will perform services in a professional and timely manner, in sequence and timing coordinated with wishes of the Mayor and City Council and their appointed Task Force. The Scope of Services is as described herein. This Scope of Services and its associated fixed fee (maximum compensation amount) may be modified through a mutually agreed written amendment to the agreement. The agreed Scope of Services shall provide that: Collins Strategic Group begin services as of the date of execution of this agreement and shall coordinate its activities with the Mayor and City Council of National City to allow for the development of any ballot language considered for the November 5, 2002 General Election. Collins Strategic Group shall work with the Task Force appointees to conduct public meetings, confer, hear expert testimony, review concerns of citizens, observe police practices, police training, police community relations, review best practices of other citizen police review boards and develop recommendations to the Mayor and City Council of National City. Work Scope Collins Strategic Group agrees to: 1. Assist in the Mayor and City Council in the formation/organization of the Citizens Task Force. 2. Assist in obtaining the support of stakeholders to included, but not limited to: a. City Manager b. City Attorney c. City Clerk d. Chief of Police e. Diverse Citizens and Affected Business Owners of National City f. Police Officers Association 3. Assist the Task Force in: a. Developing structure, including the selection of leadership. b. Developing procedures for conducting meetings. c. Obtaining and providing information on the legal and ethical obligations of citizen (civilian) review boards. d. Creating goals and timelines for meetings and reporting. 4. Facilitate the meetings of the Task Force to consider: a. Existing police complaint, internal review and citizen complaint procedures b. Historical perspective of police complaints, their outcomes, and the statistical review of risk to the City of National City resulting from police practices. c. Historical perspective of police shootings, accidents, and criminal investigations. d. Police recruitment, training (academy and in-service), the police officer bill of rights, and procedures for police conduct review. e. Community "ride-alongs". f. Best Practices existing in other public municipalities for police compliant review, and police practice risk reduction. g. Authoritative and administrative police review practices available to the City of National City not subject to ballot consideration. h. The tailoring of "best practices" to be recommended to the Mayor and City Council to meet local needs. i. Ancillary practices that could reduce complaints/risk. 5. Develop Reports a. Phase 1 — Task Force Development Report — by April 29, 2002. b. Phase 2 — Task Force Final Report — by June 30, 2002 or sooner Collins Strategic Group shall conduct all work in accordance with the majority wishes of the Mayor and City Council achieve the goals stated. From time to time, it is expected that Collins Strategic Group shall provide individual members of the City Council and City Manager with briefings on the activities of the Task Force. The Mayor and City Council agree to: 1. Assist Collins Strategic Group in the performance of the activities in this scope of services by directing the City Manager, Chief of Police and City Attorney to Scope or Work Collins Strategic Group, Inc. Citizens Task Force Studying the Need for a National City Civilian Police Review Task Force Page 2 of 5 provide resources and services as required for conducting the meetings of the Task Force. 2. Advise, counsel and assist the Task Force and Collins Strategic Group in complying with the Brown Act and its application to the activities defined herein. 3. Appoint a designated representative of the Mayor and City Council for reporting. Schedule of Values/Compensation For the completion of Phasel and Phase 2 Collins Strategic Group shall be compensated a fixed fee not to exceed $25,000 under this agreement, plus expenses. Those funds shall be paid as follows: 1. Retainer — Upon execution of this agreement Consultant shall receive a retainer for $5,000, representing 20% of the value of this agreement. All future invoices shall be credited against this retainer until the retainer is exhausted. 2. Monthly Invoices — Collins Strategic Group shall be compensated at a rate of $115 per hour and at the conclusion of each month shall invoice for all work completed by submitting a detail summary of activities, hours of service rendered. 3. Retention — Ten percent (10%) of those funds authorized by this agreement shall be held as retention until the Mayor and City Council, at which time funds shall be disbursed, accept the Phase 2 Final Report. 4. Reimbursable Expenses — This agreement does not provide funds for any reimbursable expenses. Reimbursable expenses shall be billed to the City of National City as the need is applicable to this agreement, except as otherwise specifically provided for in this agreement. Collins Strategic Group will be reimbursed for other costs such as conferences, local travel over 15 miles, out-of- town travel, printing, copy, postage and any other costs associated with the scope of services of this agreement. Project Timeline Collins Strategic Group shall complete all work in this agreement to allow the Mayor and City Council the opportunity to submit to the voters on November 5, 2002, if necessary, any policies it may wish to enact as a result of recommendations of the Task Force. Collins Strategic Group shall work with the Task Force to develop a Phase 1 Report to for submission to the Mayor and City Council. That report shall detail the tasks and timelines to be undertaken by the Task Force and Collins Strategic Group. At that time, a detailed schedule of activities for the Task Force and Collins Strategic Group will be submitted and affixed to this agreement as Schedule 2. Any amendment to the agreement to implement the scope of services and Schedule 2 will be considered at that time. Scope or Work Collins Strategic Group, Inc. Citizens Task Force Studying the Need for a National City Civilian Police Review Task Force Page 3 of 5 Reporting For purposes of this agreement, Collins Strategic Group shall report to the Mayor and City Council designated representative. Collins Strategic Group shall submit all reports, news releases, public announcements, or material within twenty-four (24) hours of release for inspection and comment to the designated representative. Confidentially Collins Strategic Group acknowledges that any documents are provided are for use in consulting to this project and may be further provided to Collins Strategic Group subconsultants for use in performing services described herein. Collins Strategic Group and its subconsultants agree to keep all documents confidential and to return them to the City of National City at the completion of the services. Scope or Work Collins Strategic Group, Inc. Citizens Task Force Studying the Need for a National City Civilian Police Review Task Force Page 4 of 5 Schedule 1 Budget 1. Consulting Fee's $115/hr for approximately 217.4 hours $25,000 2. Partial List of Expenses Outside of this Agreement: a. Meeting Space b. Public Address Systems c. Security d. Translation Services e. Audio Recording Equipment f. Recorder/Transcriptionist g. PowerPoint Projector h. Overhead Projector i. Video Player and Monitors j. Signage k. Printing and Copy 1. Postage m. Publication Costs n. Media Materials o. Office Supplies p. Message and Information Voice Mail q. Stipends for Expert Witnesses Scope or Work Collins Strategic Group, Inc. Citizens Task Force Studying the Need for a National City Civilian Police Review Task Force Page 5 of 5 City of National City, California COUNCIL AGENDA STATEMENT 01EETING DATE March 12, 2002 AGENDA ITEM NO. 20 ITEM TITLE RESOLUTION APPROVING THE CONTRACT AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WITH CARRIER-JOHNSON ARCHITECTS TO PERFORM DESIGN AND CONSULTING SERVICES TO FINISH THE SECOND PHASE OF THE WORK REQUIRED TO COMPLETE THE LIBRARY BOND ACT APPLICATION FOR LIBRARY FUNDING PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering Anne Campbell Library EXPLANATION SEE ATTACHED EXPLANATION CEnvironmental Review Financial Statement X N/A The fee agreed upon to perform the contract from the Undesignate Improvement Project Account N STAFF RECOMMENDATI Adopt the Resolution that Approved By; cond phase services is $79,980. Funds must be'8116Ega'[gW this neral FuBalance Account Number 001-2501 to apital -5(0-598-1545 for this contr*¢count No. coct and jauthorizes the Mayor to execute a contract with Carrier -Johnson Architects to .'-rform the consulting s rvices as described. BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Contract IBAR Resolution No. 2002-38 Explanation; In order to complete the requirements of the Library Bond Act Application, it is necessary to develop plans for the proposed library building through the Schematic Design Phase, including a very detailed cost estimate, which will be presented as part of the application. The application also requires extensive community needs — based justification of the library programs and goals that resulted in the design of the new library. In addition, the application requires that the project site analysis be presented in detail. In order to complete the application package in such a way that makes it very competitive compared to other applications for the Bond funds, it was necessary to hire an architect -led consultant team to perform the required work. The City selected Carrier -Johnson Architects and entered into the first phase contract for the grant application/design of the library on December 4, 2001. Phase One of the contract included all the work necessary to be completed prior to the Library Bond Issue — Proposition H vote that occurred on March 5, 2002. Since the vote was successful, it is necessary to enter into a second phase of the grant application/ design contract. The contract before you for consideration will complete the remaining approximately 1/3 of the work required in order to submit an application to the State for the 65% contribution toward the library's construction by June 14, 2002. If the application is successful in obtaining the State funding for a new library, a Phase Three contract will be brought before the Council in order to complete the design and construction documents for the library. RESOLUTION NO. 2002 — 38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CARRIER-JOHNSON ARCHITECTS TO PERFORM DESIGN AND CONSULTING SERVICES TO FINISH THE SECOND PHASE OF THE WORK REQUIRED TO COMPLETE THE LIBRARY BOND ACT APPLICATION FOR LIBRARY FUNDING WHEREAS, the City desires to employ a consultant to perform design and consulting services to finish the second phase of the work required to complete the Library Bond Act application for library funding; and WHEREAS, the City has determined that Carrier -Johnson Architects is qualified by experience and ability to perform the services desired by the City, and Carrier -Johnson Architects is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City of National City and Carrier -Johnson Architects to perform design and consulting services to finish the second phase of the work required to complete the Library Bond Act application for library funding. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 12th day of March, 2002. Al 1EST: Michael R. Dalla City Clerk APPROVED AS TO FORM: das George H. Eiser, Ill City Attorney George H. Waters, Mayor ORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CARRIER JOHNSON, INCORPORATED THIS AGREEMENT is entered into this 12th day of March 2002 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Carrier Johnson, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide professional architectural services. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. This is Phase Two of what is contemplated to be a three-phase design process. 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 keep CITY staff advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Revised 5/2000 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen Kirkpatrick hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. Kevin Krumdieck thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and reimbursables, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the CITY's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of fmal payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. All work required by this contract will be completed by June 14, 2002. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method, utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2000 The CITY shall hold the CONTRACTOR harmless from any liability arising from any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY, should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONTRACTOR is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants 3 Revised 5/2000 I that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONTRACTOR has had no professional liability judgments made against then related to the professional performance of design services in the last five years. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital , status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handi&ap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC- TOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, 4 Revised /2000 however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, costs or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, paymentp, suits, actions, proceedings and judgments of every nature and description, including attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. 5 Revised 5/2000 C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and volunteers. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change, ten (10) days for non- payment of premium. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement, except professional liability limits. I. Insurance shall be written with only California admitted companies that hold a current policyholder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 6 Revised 5/2000 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall he 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 7 Revised 5/2000 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: Mr. Gordon Carrier Principal Carrier Johnson, Inc. 1301 Third Avenue San Diego, California, 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. 8 Revised 5/2000 The CONTRACTOR shall he strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review 9 Revised 5/2000 Mar-06-02 04.a46P P_15 and the tendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to he resolved against the drafting party shall not apply in the inns ,tetation of this Agreement, or any portions hereof, or any amendments hereto. IN wrrNi;ss WHEREOF, the parties hereto have executed this Agreement on the date did year first above written. CITY OF NATIONAL CITY By: _..._ Gcxgc H. Waters. Mayor .ice .!! . 44)*. .lam Sccrcury AM. Sec% /CFO/Asst. Treasurer APPROVED AS TO FORM: George H_ Fixer. iiI City Attorney 10 KovhW 52000 Exi4iRir A CARRIER JOHNSON ARCHITECTURE INTERIOR DESIGN PLANNING CORDON 3. CARRIER A'A MICHAEL C IOHNSON A'A WILLIAM C ROCKLN A A DE3ORArI F ELLIOTT IIDA 'RANK A. WOIOEN 1101 1HIRO AVFN,IE 551‘ DIECO CALIFORNIA 91IDI TEL 6191392153 lax 519 139 G211 2M1P0 MICHELSCN DX SU'"F X;)0 IXVINF :A'. IFORNIA 9)6'2 .. 9.19 955 '151 15% 943 955 11)7 February 27, 2002 Mr. Stephen Kirkpatrick Assistant Director of Public Works City of National City, Engineering Department 1243 National City Boulevard National City, CA 91950 RE: City of National City Public Library Proposition 14 Grant Application, Phase 2 Professional Architectural Services Proposal Dear Steve, This proposal extends our original scope of work (Phase 1- per our contract dated December 4, 2001) to provide the remainder of design services needed to complete the California State Proposition 14 — Library Bond Act Application. We plan to complete the work started with our Phase 1 services as an additional service to our existing contract. Phase 2 services provide for the remainder of effort to provide the City with a completed Application. Upon the City's receipt of a Grant award (Fall 2002) we plan to complete Phase 3 services, which includes the remainder of design and construction related services. Per your direction, we will continue to work on an hourly basis. The effort and fees shown below add to the amounts defined in our existing contract as Phase 1. The combined fee totaled below is our best estimation of the scope of work that is required. We recommend that you carry a . 20,000 project contingency outside of our fee to allow for miscellaneous services if they arise. SCOPE OF WORK i Carrier Johnson will provide the City with a completed Bond Act application that includes the following information. The research, design, and packaging process will be completed so that the application can be delivered to the State by June 14, 2002. 1. Project Identification, Type of Project, Project Planning Information 2. Site Information A. Site Description that includes: Size, Drainage, Energy Conservation, Geotechnical Report, Demolition, Utilities, Site Development, Permits and Fees, Environmental Documentation- CEQA, Energy Conservation goals, Boundary and Topographic Survey. I: P 5511I,9 PAC, 1'1,1 Mr Stephen Kirkpatrick February 27,2002 Page 2 of 5 3. Financial Information A. Normal Public Construction Costs/Cost Estimates B. Library Project Budget C. Financial Capacity Statement 4. Project Timetable A. Timetable for Design and Construction 5. Conceptual Design Plans for the new Library A. Vicinity Map B. Site Plan C. One -line Floor Plans D. Two Building Cross Sections E. Exterior Elevations F. Outline Specifications 6. Library Facilities Master Plan A. Relationship of project to other existing or planned library facilities in National City. The NCL has the primary responsibility for this task. 7. Accessibility Plan A. Accessibility of proposed site: equal access; public transit access; pedestrian and bicycle access; automobile access; parking and parking rationale. 8. Visibility and Community Context ix Planning A. Visibility and community context of proposed library. 9. Site Selection A. Site selection process. 10. Library Operating Budget A. Assist with development of operating budget projections for new building, both initial and annual. The NCL has the primary responsibility for this task. 11. Visual record of existing library and new library site. 12. Library Needs Assessment A. Develop a community library needs assessment that includes: Plan methodology, Conduct community group interviews, Conduct focus group meetings, Community analysis, Library service needs, Service limitations of existing library facility, Physical limitations of existing library facility, Space needs assessment. 1a Mr Stephen Kirkpatrick February 27,2002 Page 3 of 5 13. Library Building Program A. Review the room area allocations and adjacencies provided in the NCL Librarians building program and provide recommendations. Package Librarian provided program with adjacency diagrams and stacking concepts created by design team. 14. Library Plan of Service A. Assist with adapting current Plan of Service to new library that includes: Mission statement, Goals and objectives, Types of services to offer, Technology plans. The NCL has the primary responsibility for this task. FEE ASSUMPTIONS 1. Carrier Johnson's team will prepare the documents necessary for submission to the State Library Bond Act application based on the current information available (1/4/2002 regulations). If subsequent modifications of the Public Library Construction and Renovation Bond Act of 2000 requires substantially different or more numerous submission requirements than outlined in this proposal, Carrier Johnson fees will be adjusted equitably based on the additional effort. 2. The City will provide all library facility information, city demographics, site title and other related documents for Carrier Johnson's use on a timely basis. The City will also provide all required legal documents (joint use cooperative agreements, appraisals, title to property, etc) required to be submitted for a complete application. 3. The City will provide an independent cost estimate by a third party (not CJ estimator) if required by the Bond Act Regulations. Our review of Title 5, section 20436 does not seem to require an independent estimate. 4. We have allowed $10,000 for the production of a video, which provides a visual record of the existing library and new site. The exact cost will have to be established after photographic quality, content extent, and scripting requirements are clarified by the City. 5. We understand the site has been remediated of contaminated soil in accordance with prevailing environmental laws. Our environmental consultant has prepared an initial CEQA study. Based on this report, the National City Planning Department has determined that the project qualifies for a categorical exemption from CEQA provisions. 6. No offsite public improvements (streets, signals, or utilities) have been anticipated within this fee proposal. The design team assumes the existing infrastructure will support this project. 7. Carrier Johnson will develop "limited" concept presentation materials for City review and for submission to the Bond Application review board. Presentation materials planned to be provided are as follows: a. Rendered site plan illustrating paving, landscape, and plaza concepts. b. Building floor plans that illustrate the interior layout and functional relationships. c. Exterior site and building materials boards. d. Rendered building elevations that illustrate the image of the building. e. Small scale form model of the building site to show how the building fits into the site. Artist renderings, detailed physical site models, or CAD 3D (virtual) models are not within the scope of this proposal. They can be provided as additional services if the need arises. 13 Mr Stephen Kirkpatrick February 27,2002 Page 4 of 5 PROFESSIONAL FEES Discipline & Task Hours Average Rate Fee Amount Subtotal 1 Architectural Project management & packaging 37 140 $ 5,180.00 Meetings/ Presentations 24 140 $ 3,360.00 Outline Specifications 50 90 $ 4,500.00 $ 13,040.00 2 Grant Application Application Production 140 100 $ 14,000.00 3 Environmental Assessment 0 $ 14,000.00 90 $ 4 Civil Engineering Schematic grading & utility plans 36 90 $ 3,240.00 Basis of Design 16 85 $ 1,360.00 5 Preliminary Geotechnical Report $ 4,600.00 0 120 $ 6 Structural Engineering Drafting 40 70 $ 2,800.00 Basis of Design 22 100 $ 2,200.00 $ 5,000.00 7 Mech, Plumbing, Fire Protection Engineering Plumbing concept plans and calcs. 50 80 $ 4,000.00 Basis of Design 28 80 $ 2,240.00 $ 6,240.00 8 Electrical and Telcom Engineering Tel/data, fire alarm concepts and calcs 36 100 $ 3,600.00 Basis of Design 16 100 $ 1,600.00 $ 5,200.00 9 Landscape Architecture Site materials board 24 85 $ 2,040.00 Basis of Design 16 85 $ 1,360.00 $ 3,400.00 10 Cost Estimating Concept cost estimate 93 100 $ 9,300.00 $ 9,300.00 11 Video Production Services Allowance (+ $5,000 already allocated) $ 5,000.00 $ 5,000.00 12 Carrier Johnson consultant coordination fee Lump sum $ 9,700.00 $ 9,700.00 PHASE 2 PROFESSIONAL FEES FOR BOND APPLICATION $ 75,480.0e- 14 Mr Stephen Kirkpatrick February 27,2002 Page 5 of 5 REIMBURSABLE EXPENSE ESTIMATE Local travel, deliveries $ 200.00 Draft printing, $ 200.00 Report reproduction $ 2,000.00 Drawing plotting and printing $ 2,000.00 Postage, FAX, phone, mailers $ Model materials, boards, etc $ Graphics $ Miscellaneous $ 100.00 PHASE 2 REIMBURSABLE EXPENSE ESTIMATE REIMBURSABLE EXPENSES $ 4,500.00 Reimbursable expenses include, but are not limited to: CADD plotting, reprographics, reproduction, and photographic work done out of office, mileage from Architect's office to National City, and messenger or delivery service charges. We have provided our best estimate of what these services may cost in the Fee Summary section above. TOTAL FEE ESTIMATE In preparing the fees, we have made sure that our effort is limited to that which is needed to submit a competitive, thorough application. The total fee (Phase 1 & 2) estimate for labor is $246,305 on an hourly not to exceed basis. The total fee (Phase 1 & 2) estimate for expenses is $11,100. We hope this proposal meets your needs and can be approved as submitted so that a contract amendment can be approved by City Council and executed. Please let us know if you have any questions regarding the submitted information, or if you need anything else. Sincerely, CARRI NSON Carrier, President In Charge achments: Hourly rate schedule Kurk, Kevin L Krumdieck, Senior Associate Senior Project Manager IS Hourly Rate Schedules Carrier Johnson Effective August 1, 2000 Title Hourly Billing Rate Managing Principal $195.00 Principal / Director $165.00 Senior Project Manager / Senior Project Designer $140.00 Project Architect I / Project Designer / Interior Designer $95.00 Architect / Job Captain / Designer $80.00 Jr. Designer II / Technical Support $70.00 Jr. Designer I / Administrative Support $60.00 G.E.M. Engineering Inc. Mechanical Engineer Title Hourly Billing Rate Principal $150.00 Associate $120,00 Project Manager $100.00 Project Engineer $85.00 Designer $65.00 CAD Operator $55.00 Johnson Consulting Engineers, Inc. Electrical Engineer Title Hourly Billing Rate Principal Engineer $135.00 Principal Technology Designer $110.00 Senior Engineer $ 98.00 Senior Designer/Engineer $ 88.00 Designer $ 78.00 Senior Draftsperon/Senior CAD Operator $ 68.00 Draftsperson/CAD Operator $ 58.00 Word Processor $ 50.00 KPFF Consulting Engineers, Inc. Structural Engineer Title Hourly Billing Rate Principal $125.00 Project Manager $100.00 Project Engineer $ 80.00 Design Engineer $ 65.00 Senior Drafter $ 75.00 Junior Drafter $ 55.00 Administrative/Secretary $ 35.00 Lintvedt, McColl & Associates Civil Engineer Title Hourly Billing Rate Principal Engineer/Surveyor $155.00 Senior Engineer/Surveyor $110.00 Project Engineer/Surveyor $102.00 Associate Engineer/Surveyor $ 90.00 Assistant Engineer/Surveyor $ 78.00 Junior Engineer $ 70.00 Technician IV $ 90.00 Technician III $ 80.00 Technician II $ 70.00 Technician I $ 60.00 Engineering Aide $ 50.00 Clerk/Word Processor $ 55.00 Two -man Survey Crew $160.00 Three-man Survey Crew $225.00 Two -man Survey Crew (Prevailing Wage) $185.00 Three-man Survey Crew (Prevailing Wage) $270.00 Cumming, LLC Cost Estimator Title Principal Principal/Managing Director Director Estimating Director of Scheduling Senior Estimator Estimator Estimating Technician - E5 Secretarial - Data Input-A-1 Hourly Billing Rate $180.00 $135.00 $110.00 $110.00 $102.00 $ 95.00 $ 75.00 $ 40.00 Garbini & Garbini Landscape Architect Title Hourly Billing Rate Principal Landscape Architect $105.00 Landscape Architect II $ 81.00 Landscape Architect I $ 72.00 Project Manager III $ 57.00 Project Manager II $ 52.50 Project Manager I $ 49.00 Designer $ 42.00 Il RECON Environmental, Inc. Environmental Engineer Title Hourly Billing Rate Principal $127.00 Senior $ 99.00 Research Assistant $ 50.00 GIS Specialist $ 52.00 Production Supervisor $ 53.00 The Fromm Group Needs Assessment Title Hourly Billing Rate Project Manager $120.00 Library Specialist $100.00 Senior Editor $110.00 Lead Planner/Writer $ 95.00 Geocon Geo-technical Engineer Title Hourly Billing Rate Principal Engineer/ Geologist $160.00 Senior Project Engineer/ Geologist $105.00 Engineering Field Technician $ 63.00 Word Processor/ Draftsman $ 52.00 1. Consultants are billed with a 20% mark-up to cover CI additional time associated with coordinating their services. 2. The above rates are not expected to change due to the limited timeframe of this phase of the project. If this phase is extended, these rates are subject to revision. NATIONAL CITY PUBLIC LIBRARY PROJECT PRELIMINARY SCHEDULE 3 ak Name SELtCT ARCHITECTURAL TEAM NEEDS ASSESSMENT 4 Joint venture strategy with schools 5 Community input process e Community analysis 7 -- - Library service needs 8 library service limitations 9 Space needs assessment 10 11 12 13 Site selection process Duration 1d CARRIER JORNSON as 01 11/2E101 Stan 12/3/01 15.91 w 4w 12/4/01 2002 Finrsu Otr 4 u1 Oil 2 Otr3101r4 12/3/01 L' 10 d 12/4/01 12/17/01 10 di 12/4/01 5d 5d 12/18/01 12/24/01 12/18/01 12/24/01 10 d 12/25/01 0.2 w Draft Needs Assessment document 0.14 w Prop 14 packaging 12w 1/8/02 1/9/02 PLAN OF SERVICE 12.14 w 118/02 15 Mission statement Goals and objectives re 20 21 Types of service Technology 1w Draft Plan of Service document 1w 2w 1w 0.14 w Prop 14 packaging 7 22 BUILDING PROGRAM (Edit of NCL program) 24 25 26 2 28 Document organization General Requirements Spatial Relationships Facility space requirements —fspaco dosagtions Prop 14 packaging 29 30 31 SCHEMATIC DESIGN Siting altematrvos 33 34 36 37 38 Plan development Section development Elevation development 1/8/02 1/17/02 122 w 0.2 w 1/28/02 2/15/02 2/26102 227/02 1/8/02 1/8/02 Materials and system selection Cost estimating Presentation Drawings Submission/ Approval by City Council 39 43 42 43 44 as 46 DESIGN DEVELOPMENT T 9 w 10/1/02 12/26/02 47 CONSTRUCTION DOCUMENTS 14 w 12/27/02 5/13/03 _ J 4a BIDDING/AWARD low 5/14/03 8/19/03 40 CONSTRUCTION --_ 6 ww 820/03133/29/05J _.. _�__. =0 _LIBRr__ARY MOVE IN 3 w 3f40/OS 427/O5 51 - 1 OPEN LIBRARY 0.2 w 428/05I 429/05 Prop 14 packaging STATE GRANT MILESTONES E Local bond approval E Submit application for Prop 14 approval Receive grant approval 1 w 1/9/02 1w 2w 1/9/02 1/9/02 10w 1/9/02 1/29/02 5f7/02 1/9/02 1/18/02 1/18/02 13.57 w 129/02 6/11/02 2 w 1/29/02 2/18/02 2 w 2/18/02 3/8/02 I 2 w 3/8/02 3/28/021I 2 w 3/8/02 3/28/02 2 w 3/8/02 3/28/02 3 w 3/28/02 4/26/02 1 w 426/02 10 d1 5/7/02 15 dI 5/21/02 -r 21.43 w 315f02 9/30/02 0.14 w 3/5/021 3/5/02 - 2 d 6l12/02 'F/13/02 11 w 6/14/021 9/30/02 2003 12004 01.110u 210u 310tr 4,1, 1101r 2i01r 3 0u Page 1 1 Cl DATE• March 12, 2002 INTRABUDGET ADJUSTMENT REQUEST DEPARTMENT ACTIVITY OR DIVISION Public Works STATEMENT OF PROBLEM AND TIME URGENCY To cover the cost of Phase Two of the architectural contract for the sehmieginn of the Library Grant. AMOUNT NEEDED $79,980.00 FROM: 001-2501 TO: TRANSFER: ACCT. # TITLE Undesignated General Fund THIS PORTION TO BE COMPLETED BY RNANCE DEPARTMENT UNENCUMBERED AS RNANCE BALANCE OF NtTIAL 001-409-500-598-1545 Library Building Project ORIGINAL PREVIOUS APPROPRIATION TRANSFERS IN(OUTI ADMINISTRATIVE REVIEW /COMMENTS C.M Date Approval Disapproval cc: Budget File - White Requesting Dept. Head - Yellow City Manager - Pink Approval Disapproval a'� Date Posted MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 12, 2002 AGENDA ITEM NO. 21 7-ITEM TITLE ORDINANCE AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.08 (LARGE ANIMALS AND LARGE BIRDS AT LARGE OR GRAZING), 8.12 (DOG LICENSES), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), 8.32 (KEEPING OF BIRDS AND ANIMALS) AND 8.36 (TRANSPORTA71ON OF ANIMALS IN VEHICLES) PREPARED BY RudolfHradecky, Esq DEPARTMENT City Attorney pi Janeen Reed, ACO Police/Animal Control v/ EXPLANATION CS In preparation for a future agreement with the County of San Diego for animal shelter services, Staff has reviewed Title 8 to address certain sections requested by the County and to also update Title 8's provisions to address recent statutory changes. The changes proposed are primarily editorial to include references to revised statutes, and to also authorize contract shelter servicing personnel to exercise certain legal powers and responsibilities that are established for City personnel. Certain time limits for impound are revised to meet new state time limits, and sections dealing with animal noise disturbance incorporate noise control changes brought about in Title 12 of the Municipal Code Environmental Review __ N/A Financial Statement N/A STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A Approved By:. Finance Director Account No. ATTACHMENTS ( Listed Below ) Resolution No. Strikeout of revised sections of ordinance. Proposed ordinance NATIONAL CITY MUNICIPAL CODE TITLE 8 - ANIMALS CHAPTER 8.04 ANIMAL CONTROL AND IMPOUNDMENT —GENERALLY 8.04.010 AdministratlonuthoriWy. A. The city manager, through the chief of police, is authorized to maintain field sen ices and ntain or contract for an animal pound shelter - and related animal control services, subject to the--and---city council --approved budgetammal Within t F er__ to term "animal control 9%hc r" 1� inc de p Qf a cent Acting ageneY._as the context may require, B. Persons designated animal control officers by the chief of policeeansL.gmployejs qfo contracting agency. are authorized to impound stray animals and any animal whose possession, care or custody is in violation of state law or this title„ ante _sparantines in asrdance with statutory quarantine procedures. Animal control officers shall exercise all powers and authorityies conferred by the penal code, and investigate and enforce the provisions of state law and this code. Animal control officers and q_employees of a contracting agency are authorized to euthanize animals in a humane manner when necessary for public health or safety or the well being of the animal_ in accordance wi h sta - law Animal control officers may-beace_authorized to carry firearms in the discharge of their duties in accordance with state humane laws. Notwithstanding th going. anintalss?ntrnl� r shall. -not seize jmpoj. nd fOLASilatian—dAhelegrailititUiiiemenso4 when the tLog has nQJ strayed from ands upon a nrowned by the_dQgovyner or the, personwlao has a right to contrhe dog, vate gro io vhuch_the dog ov�m� erg n ha, a right to con of t1i tj has a.right of vs)s§mion 8.04,015 Definitions. A. Within this 'Title 8, the following definitions apply: 4-A. "Animal" means any non -human biped or any quadruped, reptile. a phibia or bird. It -includes -a aJsp "large animal," "large bird," or a dog or cat. 211. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. 3C. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code Section 385883Qa51 It shall also include a dog being trained for such service. 44. "At large" or "run at large" means to be untethered;_or unleashed; er- not confined to the limits of the owner's or handler's property_w se urely onfned Athin or upa , or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. SE. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wildcat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae nalurae regardless of its actual or alleged state of domesticity. 6i . "Dog" means only a canine (canis familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (canis la trans) or any canine hybrid. 7Q. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. 8H. "Large animal" means any animal, other than a dog or cat that is expected to attain a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. 91. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). T0L "Leash" means a cord or strap of leather, canvas or other strong, non- elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. K. "Noise disturbance" and "noise sensitive zone" are as defined ii Seclioi 12.04.4 0_ and 12.04. 500 respeciiyely -1-1L. "Not on a leash". See "unleashed." 141. "Rooster" means a male chicken regardless of size. -13N. "Run at large". See "at large." 440. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird. -15)?. "Stray" means Atis "at large". . "Unleashed" or "not on a leash" means that any dog or other animal is not attached to a leash, or is attached to one end of a leash the other end of which is not fastened to a stationary object or is held by a person who lacks the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained lacks the physical ability to restrain it. 8.04.020 Impoundment, disposal and return of animals. Impounded animals shall be handled and returned or disposed of as follows: A. The animal control officer shall make reasonable efforts to notify the owner of any dog or animal bearing a license tag or indicia from which ownership can be readily determined. , Notification and all pre -seizure or post -seizure impound hearings shall be provided in accordance with aglie bJQlovisions _of ODveroment C e Section 53474 Penal Code Section 597 1 andsu section E of this S Von. B. Unless iruemalislbly. fenin¢ from. a_..serious ilnes,s or sever nutty or nemdzom anim r sa gg maternal care that is_in P_Q,ygded ,.wjthoutits mother sick, diseased -or disabled; animals shall be held for the period specified by state law, unless sooner claimed and delivered to the owner after_satisfa_ctionef redemption and_lion it1g_ requiremept§ €ull-payment of lie le; and, sees onhcn,b e--d to—na:' o` the then required y e aL_Code Section 597.1. demonstration_that the owner can and wi1Lp o e the_ntcessary Sate .. t as tl t t It t d l d An�jicensed jmaLmav be released frQni up 9i,followinp,_}1e nd aatistiQn redemps2A resltrements- without licensing, provided the owner is issu I wn�ttin n _to license the animal �itlain twenty-orae(21) s r._days from the date of rele ,.failure of hich will subiect the owner to citation If the animal continues to remain in-impeund-j_ beyond Ong- daysthc legally, re. holing period , the animal control officer or iffl,fflaux6Argiokomay dispose of the animal pursuant to subsection D of this section. C. Aaimals_.that�re irremediably cuff ing frrom,Lserious illness or yeie_u 9rmyl9nLaticn 1aueguir�nt..maternAl calms are impounded without _their_.mothcr_shall be euthanized and disposed of in a humane, sanitary manner in accordance with applicable humane, health and safety law. The animal control officer or__cQ►Srctina agency may use his -or -her --discretion in determining whether an animal is_.n the definition f hi tj,_ , and may use the services of a veterinarian in making that determination. Treatable-Adoptgble d treatablanima1s may be retained for disposition pursuant to this section. D. After the period specified by state law has elapsed following impoundment, the animal control officer_or eontracting agency may sell or_tr _ sf r any unclaimed animal at private or public sale or auction, or release the animal to animaLremte_or_a_doptism_organization in accordance with state law. Dogs four of age and Alder shall be vaccinated against rabies prior to any transfer under this section,unless exeMp_Aed.AQM uc inati • r _, ukement b Califfrnia insed_vet nalian Animals that cannot be reasonably transferred under this section shall be euthanized in a humane manner. , offi,.e shall deli, e A bill of sale i11 be .get:, a ed to eac r-sucoessful bidder--o;-ppurehase 2000) UJ.2.niinipoundment _oLan_anim Lweari�g . a license_ tag, identificationiisti.ng the ewner.' e_ nd _add es or_indicoln which ownership can bc_readt.)y_detennie Jbe �ntrol i�.ce shall ensure a• ' is nrompiy posted at the owner's address of record, QuJaj ed or personally_ deliveredto a owne f record 1 at the animal is in the custody o The uoti� shall co,tform to the requirements of Qoverr ment Coyle Section 074 and rgslutit a hearing as to the legality of the mpo went. __such reauest shal .be in ,writing and must bej vedby the animal contro officer within the soecified time period. The time during which the animal shall not be dis posed of other jh. by rip to the the impoundment is found to b - unjustified. the animal shall be r- . , ed to the owner without charge, -If the anima is to rued to the gwner n thejbewrutg, .any fees other than vaccination or licensin f s paid by the _per to the air imal control- • t eel- or contracting at7ency_as a result of gniustifieimpoundment hallbe refunded to the owner. 8.04.030 Pound Animal shelter andjeld,cost recovery fees. A. Pound sAni al control o1 jc s all ar such ftes fot- animals under their custsAy.__and.Sontrolia&_shall--be-asare established in the National City fee scheduleipLidsj onerations. Imposes fees and related_ tstodia d adl> tratiye charges shall be as nroyid fir by the National Citv fee schedule or the aooh le fee sched an ub c or nnvat ge y ih w _the City_has contraaftyrshelter services. B. Pound-Anima_sheltedng fees and cost recovery fees shall be assessed against any owner or person responsible for the cane, custody or control of an animal for the city's direct or contracted costs of impoundment, capture, rescue, treatment, medication, food, disposal or euthaniation; provided, however, that the animal control officer,-oF the city finance officer,m the contracting.agency may waive cost recovery when it is not cost effective. The city finance officered the contract' a agegcy shall be responsible for the collection of respectivefees. Chapter 8.12 DOG LICENSES 8.12.010 License required. B. Any person owning or maintaining a dog over the age of four months Widly ljs s b another ions s*, shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival hi the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog_ on det rid Jav_thal C. A dog validly licensed in another jurisdiction that remains within the corporate limits of the city for more than thirty days shall be licensed in accordance with this section. To encourage registration, at the option of the owner a license shall be issued for the duration of any unexpired portion of the previous license upon payment of the transfer fee specified in the National City Fee Schedule, or a new or original license be issued upon payment of the standard license fee. This transfer option shall be available only during the first thirty days following the arrival of the dog in the city. 8.12.020 Term. Dog licenses shall be valid for twelve months, twenty-four months, or thirty-six months from the date of issuance, depending upon the aae of a dog and the amount of the license fee paid,provided however that the l nse periojsball. not extend bey 'is the d of validity for the nt_rabies vaccination. -Dog license., sh n e December 34st fea,, year ,with . e e al period_to extend through anuary 31st of the , next f rowing the . of expiration oc .. license (Ora 217i § 4 (part) 2000: Ord 2n18 § n 1 oo 1. Ora 128 c (part) 1 n71. Ord 828 § 10 1 nc 1) 8.12.040 Rabies vaccination required. A. All dogs over the age of four months must be vaccinated as a prerequisite to the issuance of a license. B. Foc h license applicant shall provide the information required on the license application form approved by the city manager, and shall furnish proof that the dog has been vaccinated for rabies withia-sush-a-fecent--peried-that-the-interval-hetween-the-date-ef-its with vaccine anoroyedfor use ij California by a licensed veterinarian, unless the owner or person in possession of the dog submits a certificate from a licensed veterinarian issued within the preceding fifteen days stating that the rabies vaccination would be likely to seriously injure the dog,; any- Any dog so exempted from rabies vaccination shall be kept restricted to the enclosed yard of its owner, except when confined within a motor vehicle. C.er i ate. of exemntion�hall newsx every sixty.daxs if eauireLby a licensed ve<enjnnatiian, Chapter 8.16 DOG REGULATIONS 8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of a dog to suffer -allow er-permit-suehthat dog to run at large within the city limits. A dog is not at large if whenconfined within a motor vehicle. B. It is unlawful for an owner or handler of any dog required by this title to be licensed to suffer, allow or permit such dog to be within the city limits without the license tag issued for that dog, or without a collar or harness around its neck to which is attached the metal license tag issued pursuant to Section 8.12.030, except when the dog is securely contained' in a motor vehicle or upon the owner or handler's property. C. It shall be rebuttably presumed that a person weighing less than the weight of the dog being restrained lacks the physical capacity to restrain the dog, and thereby prevent it from running at large. 8.16,050 Barking dogs. A. lt isjanlawfi for_an ..owner, and f_ot; Gustod -hallow �gy do¢ to howl k _oc males other_soun chatacterists that_spedes tQ create noige_ii rbante_acr s_a resisiential_o com_lerciaLreal pqp lino or�vit�b n$noise aen itiv on etween th_e hours_of IOpl 7 _AM _daily for mean three (3) minutgs or at otheriimes for more th• r ten (IQ) consecutive minutes or for Lore than a total of fifteen (15)iinutes within anv y (60) minut�taeriod- Any such �. ppise distubance also constitutes a public nuisance. 8.16.070 Potentially dangerous or vicious dogs —Regulations and prohibitions. D. Pursuant to the authority of Food and Agricultural Code Section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a vicious dog and be euthanized r ri after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code Section 597.1. Any city officer or official, other than the animal control officer ordering the impound, may conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some alternative method for its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with return address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to Section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after the piration of e legal holding` period €lve-working-days-following the date of the service of the notice of decision under subsection D of this section and no appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. 8.16.085 Unvaccinated dogs. C. The animal control officer shall impound any dog that does not bear evidence of current vaccination, or for which proof of vaccination cannot be produced, or for which reasonable raise exists to believe that the dog is infected with rabies. Disposition or return of the dog shall be in accordance with Section 8.04.020, except that a dog which has bitten a human shall -maybe impounded and kept under observation for f teil0) calendar_days at the expense of the owner pending verification of the existence or nonexistence of rabies. 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed with -by fences f sufficient height, strength, nstruction, and prover maintenance te-restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom. A fence may be considered insufficient to contain a dog unless if-itthe iaht of the fence is at the least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B. An animal contr officer 's aut1 rimed tO�j�nd9st preyiQusly�bserved n11nina at large that had returned to_ its owner or handl-r's pro r 3._ he officer was in :ryed or receixe _s lib1e information thUjdoe,s behavi r 0 constituted_ a public nuisance or - doe cannot be kept safely secur within the yard a house orb enclosure or pen on that prope . or t - owner or custodian refuses to properl ,t re t - a o o he • ro t,,, C. Violations of soon_ 8 116.-I OQ(A) shall_ be assesse l . _ tninimutg fin pf -9ne hundred dollars ($]n if the_violationi- not comet within ten (10)_calel ndat_d s from_tl e of KitAtica r 8.16.110 Assistance and Sentry dogs. A. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in training, shall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans With Disabilities Act. B. The pra jsions pf-aax ntenLCnde Aclion• 121875, et sea pining to the re istratiorLo d gas"was that t rmisJ j0 Government Cede section 1238$0. shall b inistgred iv th-e_Cbief L or de 8.natedi ntal controLoflicer.gnd All required Reimits--shall he issue _,feee_paid Jn _as rdansv_ withshe atien4LChx _E_ev_Schesiae_ Q mrillbtmsinessaqualifying as_.sentt_ oe businesses shall als(WztAn_an ti licAnsssss_ma.Lb egsu'red tat o jheMun�cipal Co& Chapter 8.24 KENNELS 8.24.010 Kennel defined. A kennel is , ' a^chi-which is mere -than feur-menths--ef-age.-Sec-nlseas defined in Section 18.04.368. 8.24.020 Kennel permits. A. Applications to maintain a kennel shall be processed as conditional use permits through the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel at that location, with due consideration for noise, sanitation and drainage, would be incompatible with, and-4r_inimical to, existing uses on contiguous parcels, contrary to public health and welfare. Chapter 8.32 KEEPING OF BIRDS AND ANIMALS 8.32.015 Restrictions on keeping certain gthe,.animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any animal, bird or reptile, except as follows: 7. Ex p as prided jn__clopter8.24._a maximum of three dogs and three rats o er the age Q£ four mQnths_may be kept on any property used for single-family residential dwelling. 8. A maximum of two dogs or two cats over th age o o months or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. It is unlawful for an owner or other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: M. life -or property No animal or bird shall bbe a jQwed to howl. bellow+ s awk or plea sond S .tist•lc of that sl2eci which c► tes a noise ..clistigkance,iacrass_assaidentiaLmsonmendal real property line or within a noise sensitive zon . - een the hours of 10 ' M and 7 AM daily for�rrejhan three (3 mi uses or at other times for more than ten (101 consecutive minutes or shall not apply.Jo oublis zoos. Interference by noise shall also constitute a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 8 OF THE NATIONAL CITY MUNICIPAL CODE RELATING TO ANIMALS BY AMENDING CHAPTERS 8.04 (ANIMAL CONTROL AND IMPOUNDMENT), 8.12 (DOG LICENSES), 8.16 (DOG REGULATIONS), 8.24 (KENNELS), AND 8.32 (KEEPING OF BIRDS AND ANIMALS) BE IT ORDAINED by the City Council of the City of National City that Title 8 of the National City Municipal Code is amended as follows: Section 1. That Chapter 8.04 is amended by amending sections 8.04.010, 8.04.015, 8.04.020 and 8.04.030 to read as follows: 8.04.010 Administration and authority. A. The city manager, through the chief of police, is authorized to maintain field services and maintain or contract for an animal shelter and related animal control services, subject to city council approval. Within this chapter, the term "animal control officer" shall also include personnel of a contracting agency, as the context may require. B. Persons designated animal control officers by the chief of police, and employees of a contracting agency, are authorized to impound stray animals and any animal whose possession, care or custody is in violation of state law or this title, and effect quarantines in accordance with statutory quarantine procedures. Animal control officers and qualified employees of a contracting agency shall exercise all powers and authority conferred by the penal code, and investigate and enforce the provisions of state law and this code. Animal control officers and qualified employees of a contracting agency are authorized to euthanize animals in a humane manner when necessary for public health or safety or the well being of the animal in accordance with state law. Animal control officers are authorized to carry firearms in the discharge of their duties in accordance with state humane laws. Notwithstanding the foregoing, animal control officers shall not seize or impound a dog for violation of the restraint requirements of this code when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or person who has a right to control the dog has a right of possession. (C through F — NO CHANGE). 8.04.015 Definitions. A. Within this Title 8, the following definitions apply: A. "Animal" means any non -human biped or any quadruped, reptile, amphibian or bird. See also "large animal," "large bird," or a dog or cat. B. "Assistance animal" means any animal trained for and used by a disabled person to assist that person in dealing with his or her disability. C. "Assistance dog" means any service dog, guide dog, signal dog or other dog trained and used by and licensed to a disabled person to assist that person in dealing with his or her disability. Assistance dogs are also described in Food and Agricultural Code Section 30851. It shall also include a dog being trained for such service. D. "At large" or "run at large" means to be untethered or unleashed and not confined to the limits of the owner's or handler's property or securely confined within or upon a motor vehicle, or not under the physical control of an owner or handler when the animal is upon any property other than that of the owner or person responsible for the animal. E. "Cat" means only a domesticated feline (fells domesticus) of either sex. It specifically excludes any feral cat, wildcat, leopard, puma, ocelot, lion, tiger, jaguar, or any other feline considered ferae naturae regardless of its actual or alleged state of domesticity. F. "Dog" means only a canine (cans familiaris) of either sex. It specifically excludes a wolf (lupine), fox (canid), coyote (cants la trans) or any canine hybrid. G. "Handler" means any person in possession of an animal, or who is charged with or is exercising the care, control and custody of the animal. It includes the person who owns the animal when that person is exercising the care, custody and control of the animal. H. "Large animal" means any animal, other than a dog or cat that is expected to attain a body weight at maturity that exceeds twenty-five pounds in weight. It includes, without limitation: horse, mule, donkey, burro, jackass, pony, oxen, cattle (bull, cow or calf), hog, pigs (including potbelly pigs), sheep, goats, any non -human primate (monkey, chimpanzee, ape, simian, etc.), llama, alpaca, dromedary. I. "Large bird" means any emu, cassowary, ostrich; any turkey, flightless fowl or any other avian exceeding three pounds in weight; or any raptor (hawk, owl, falcon, etc.). J. "Leash" means a cord or strap of leather, canvas or other strong, non- elastic material that does not exceed six feet in length, with a hook or snap at one end and a loop or handle at the other which is designed to be held by a human hand. K. "Noise disturbance" and "noise sensitive zone" are as defined in Sections 12.04.480 and 12.04.500 respectively. L. "Not On a Leash". See "unleashed." M. "Rooster" means a male chicken regardless of size. N. "Run At Large". See "at large." O. "Small animal" or "small bird" means any animal or bird that is not a large animal or large bird. P. "Stray" means an animal that is "at large". Q. "Unleashed" or "not on a leash" means that any dog or other animal is not attached to a leash, or is attached to one end of a leash the other end of which is not fastened to a stationary object or is held by a person who lacks the physical ability to restrain the dog or animal. It shall be rebuttably presumed that any person weighing less than the weight of the dog or animal being restrained lacks the physical ability to restrain it. 8.04.020 Impoundment, disposal and return of animals. Impounded animals shall be handled and returned or disposed of as follows: A. The animal control officer shall make reasonable efforts to notify the owner of any dog or animal bearing a license tag or indicia from which ownership can be readily determined. Notification and all pre -seizure or post -seizure impound hearings shall be provided in accordance with applicable provisions of Government Code Section 53074, Penal Code Section 597.1, and subsection E of this Section. 2 Animals — Title 8 B. Unless irremediably suffering from a serious illness or severe injury or being a newborn animal requiring maternal care that is impounded without its mother, animals shall be held for the period specified by state law, unless sooner claimed and delivered to the owner after satisfaction of redemption and licensing requirements and, when required by Penal Code Section 597.1, demonstration that the owner can and will provide the necessary care. An unlicensed animal may be released from impound following the satisfaction of redemption requirements, without licensing, provided the owner is issued a written notice to license the animal within twenty-one (21) calendar days from the date of release, failure of which will subject the owner to citation. If the animal continues to remain impounded beyond the legally required holding period, the animal control officer or contracting agency may dispose of the animal pursuant to subsection D of this section. C. Animals that are irremediably suffering from a serious illness or severe injury or newborn animals requiring maternal care that are impounded without their mother shall be euthanized and disposed of in a humane, sanitary manner in accordance with applicable humane, health and safety law. The animal control officer or contracting agency may use discretion in determining whether an animal is within the definition of this section, and may use the services of a veterinarian in making that determination. Adoptable and treatable animals may be retained for disposition pursuant to this section. D. After the period specified by state law has elapsed following impoundment, the animal control officer or contracting agency may sell or transfer any unclaimed animal at private or public sale or auction, or release the animal to an animal rescue or adoption organization in accordance with state law. Dogs four months of age and older shall be vaccinated against rabies prior to any transfer under this section, unless exempted from such vaccination requirement by a California licensed veterinarian. Animals that cannot be reasonably transferred under this section shall be euthanized in a humane manner. E. Upon impoundment of an animal wearing a license tag, identification listing the owner's name and address, or indicia from which ownership can be readily determined, the animal control officer shall ensure a notice is promptly posted at the owner's address of record, or mailed or personally delivered to the owner of record that the animal is in the custody of the contracting agency. The notice shall conform to the requirements of Government Code Section 53074 and include a statement that the owner may within five (5) calendar days from the date of service request a hearing as to the legality of the impoundment. Such request shall be in writing and must be received by the animal control officer within the specified time period. The time during which the animal shall not be disposed of other than by return to the owner shall be extended until the conclusion of the hearing. If at the conclusion of the hearing the impoundment is found to be unjustified, the animal shall be returned to the owner without charge. If the animal is returned to the owner prior to the hearing, any fees other than vaccination or licensing fees paid by the owner to the animal control officer or contracting agency as a result of an unjustified impoundment shall be refunded to the owner. 8.04.030 Animal shelter and field cost recovery fees. A. Animal control officers shall charge such fees for animals under their custody and control as are established in the National City Fee Schedule for field operations. Impound fees and related custodial and administrative charges shall be as provided for by the National City Fee Schedule, or the applicable fee schedule of any public or private agency with which the City has contracted for shelter services. 3 Animals - Title 8 B. Animal sheltering fees and cost recovery fees shall be assessed against any owner or person responsible for the care, custody or control of an animal for the city's direct or contracted costs of impoundment, capture, rescue, treatment, medication, food, disposal or euthanization; provided, however, that the animal control officer, the city finance officer, or the contracting agency may waive cost recovery when it is not cost effective. The city finance officer and the contracting agency shall be responsible for the collection of respective fees. Section 2. That Chapter 8.12 is amended by amending Sections 8.12.010, 8.12.020 and 8.12.040 to read as follows: 8.12.010 License required. A. Except as provided in subsection B of this section, it is unlawful to own or maintain a dog over the age of four months within the city limits unless the dog,is licensed in accordance with this chapter. B. Any person owning or maintaining a dog over the age of four months validly licensed in another jurisdiction shall be exempted from licensing for a period not to exceed thirty continuous days from the dog's first arrival in the city, provided satisfactory proof by way of written declaration under penalty of perjury establishing the date of entry is presented to the animal control officer by the owner or person responsible for the dog upon demand by that officer. C. A dog validly licensed in another jurisdiction that remains within the corporate limits of the city for more than thirty days shall be licensed in accordance with this section. To encourage registration, at the optioriof th4 t ymeir:a license shall be issued for the duration of any unexpired portion of the previous licetise upon payment of the transfer fee specified in the National City Fee Schedule, or a new or original license be issued upon payment of the standard license fee. This transfer option shall be available only during the first thirty days following the arrival of the dog in the city. 8.12.020 Term. Dog licenses shall be valid for twelve months, twenty-four months, or thirty-six months from the date of issuance, depending upon the age of the dog and the amount of the license fee paid, provided however that the license period shall not extend beyond the remaining period of validity for the current rabies vaccination. 8.12.040 Rabies vaccination required. A. All dogs over the age of four months must be vaccinated as a prerequisite to the issuance of a license. B. Each license applicant shall provide the information required on the license application form approved by the city manager, and shall furnish proof that the dog has been vaccinated for rabies with vaccine approved for use in California by a licensed veterinarian, unless the owner or person in possession of the dog submits a certificate from a licensed veterinarian issued within the preceding fifteen days stating that the rabies vaccination would be likely to seriously injure the dog. Any dog so exempted from rabies vaccination shall be kept restricted to the enclosed yard of its owner, except when confined within a motor vehicle. Certificates of exemption shall be renewed every sixty days if required by a licensed veterinarian. 4 Animals — Title 8 Section 3. That Chapter 8.16 is amended by amending sections 8.16.020, 8.16.050, 8.16.070, 8.16.085, 8.16.100 and 8.16.110 to read as follows: 8.16.020 Dogs at large or unlicensed. A. It is unlawful for an owner or handler of a dog to allow that dog to run at large within the city limits. A dog is not at large when confined within a motor vehicle. (B and C — NO CHANGE). 8.16.050 Barking dogs. A. It is unlawful for an owner, handler or custodian to allow any dog to howl, bark or make other sounds characteristic of that species to create a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 PM and 7 AM daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period. Any such noise disturbance also constitutes a public nuisance. (B through G — NO CHANGE). 8.16.070 Potentially dangerous or vicious dogs --Regulations and prohibitions. (A through C — NO CHANGE). D. Pursuant to the authority of Food and Agricultural Code Section 31621, as an alternative abatement proceeding for a potentially dangerous or vicious dog, the animal control officer may post a notice on the property from which the dog was impounded advising the owner, or its handler when the owner cannot be ascertained, that the dog will be declared a vicious dog and be euthanized at the expiration of the legal holding period after its impound or as soon thereafter as is practicable, unless the owner or handler, during the interim, requests an administrative hearing to contest the determination. A duplicate copy of the notice shall be mailed to the owner, or the handler if the owner cannot be ascertained, by certified mail and first class mail with return address. The request for the hearing may be verbal or written, or both. The animal control officer or the head of the department shall immediately cause a hearing to be held following the procedures of Penal Code Section 597.1, Any city officer or official, other than the animal control officer ordering the impound, may, conduct the hearing. The hearing shall be informal in nature and the formal rules of evidence shall not apply. The hearing shall be limited to the question of whether the dog is potentially dangerous or vicious, and whether or not the dog should be euthanized or some alternative method fir its care and custody be provided. The notice of decision shall be served personally on the owner, or by mail, certified and first class with return address; receipt of either shall constitute service of notice. Failure to receive the notice shall not affect the validity of service or the proceedings. Failure to request the hearing within the time allowed shall constitute a waiver of the right to contest the determination or the euthanization of the dog. The owner or handler shall be liable for all costs and fees pursuant to Section 8.04.030. E. The animal control officer shall order the euthanization of any dog determined to be dangerous or vicious pursuant to this section. Euthanization may occur immediately only upon the waiver of the hearing; otherwise, it may occur only after the expiration of the legal holding period following the date of the service of the notice of decision under subsection D of this section and no appeal has been filed with the Superior Court. If an appeal is filed, the dog shall remain in impound pending the decision on the appeal. F. The city attorney is further authorized to file a civil action to abate a potentially dangerous or vicious dog, when appropriate. 5 Animals — Title 8 8.16.085 Unvaccinated dogs. (A and B - NO CHANGE). C. The animal control officer shall impound any dog that does not bear evidence of current vaccination, or for which proof of vaccination cannot be produced, or for which reasonable cause exists to believe that the dog is infected with rabies. Disposition or return of the dog shall be in accordance with Section 8.04.020, except that a dog which has bitten a human may be impounded and kept under observation for ten (10) calendar days at the expense of the owner pending verification of the existence or nonexistence of rabies. 8.16.100 Yard fences required. A. It is unlawful to allow a dog to run loose in any yard in the city unless the yard in which the dog is maintained is fully enclosed by fences of sufficient height, strength, construction, and proper maintenance so as to restrain and contain the animal within the yard or enclosure and prevent the animal from escaping therefrom. Subject to the height limits prescribed in Chapter 18.50 of this code, a fence shall be considered insufficient to contain a dog unless the height of the fence is at the least the greater of four feet in height or the height of the dog to be contained measured at its shoulders plus twelve inches. B. An animal control officer is authorized to impound any dog previously observed running at large that had returned to its owner or handler's property while the officer was in pursuit or when the officer had observed or received credible information that the dog's behavior constituted a public nuisance or a clear and present danger to human or animal safety, and the dog cannot be kept safely secured within the yard, a house or an enclosure or pen on that property, or the owner or custodian refuses to properly secure the dog on the property. C. Violations of section 8.16.100(A) shall be assessed a minimum fine of one hundred dollars ($100), if the violation is not corrected within ten (10) calendar days from the date of citation. 8.16.110 Assistance and sentry dogs. A. In general, the regulations of this title as they may relate to assistance dogs and assistance dogs in training, shall be interpreted and administered in a way as to afford maximum compliance with the spirit and intent of the Americans With Disabilities Act. B. The provisions of Government Code section 121875, et seq. pertaining to the registration of "sentry dogs", as that term is defined in Government Code section 121880, shall be administered by the Chief of Police or designated animal control officer, and all required permits shall be issued and fees paid in accordance with the National City Fee Schedule. Owners of businesses qualifying as sentry dog businesses shall also obtain any other permits and licenses as may be required by state law or the Municipal Code. Section 4. That Chapter 8.24 is amended by amending Sections 8.24.010 and 8.24.020 to read as follows: 8.24.010 Kennel defined. A kennel is as defined in Section 18.04.368. 8.24.020 Kennel permits. A. Applications to maintain a kennel shall be processed as conditional use permits through the planning commission. Applications shall be denied if impermissible with the zoning of the property, or, if the operation and maintenance of a kennel at that location, with due consideration for noise, sanitation and drainage, would be incompatible 6 Animals - Title 8 with, or inimical to, existing uses on contiguous parcels, and contrary to public health and welfare. B. Once approved, the kennel permit may be renewed annually upon payment of the annual licensing fee established in the National City Fee Schedule, provided the kennel is maintained in accordance with Chapters 8.24 and 8.32. Section 5. That Chapter 8.32 is amended by amending Sections 8.32.015 and 8.32.020 to read as follows: 8.32.015 Restrictions on keeping certain other animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any animal, bird or reptile, except as follows: 1. Only one pig not exceeding one hundred pounds in weight or twenty-four inches in height at the shoulder may be kept on any tract or parcel of land of at least twenty thousand square feet in area. 2. Only horses, cows, goats, sheep, burros, mules, jackasses, llamas, or alpacas may be kept, possessed or maintained, either alone or in combination with each other, not to exceed a total of five combined, on a parcel of land with a minimum of at least a twenty thousand square feet area. 3. Any combination of the following classes of animals, not to exceed a total of thirty, with each class limited by a maximum of four adult rabbits, five chinchillas, twenty hamsters, twelve chickens, four turkeys, four ducks, four geese, twenty pigeons, or twenty parakeets or similar small domestic ornamental or song bird, may be kept on any property zoned for single family residential use. 4. Domesticated rats or domesticated mice, or any combination not to exceed a total of twenty may be kept in cages or similar enclosures on any property used for residential purposes. The mice or rats may be kept in addition to any other animal or combination allowed by this section. 5. Any number of domesticated mice or domesticated rats, or combination, may be kept at any laboratory or pet shop properly located in a zone allowing for such use, provided the animals are kept under humane sanitary conditions in cages or enclosures which are designed to prevent them from being at large. 6. a. Roosters that have been surgically de -crowed may only be kept on a parcel of land of at least a twenty thousand square feet area. The total number of surgically de - crowed roosters shall not exceed five, and may be maintained in combination with other chickens on the same parcel, not to exceed the total allowed by subsection (A)(3) of this section. b. Surgically de -crowed roosters may be kept in combination with any other animal or combination of animals regulated and allowed by this subsection. 7. Except as provided in chapter 8.24, a maximum of three dogs and three cats over the age of four months may be kept on any property used for single-family residential dwelling. 8. A maximum of two dogs or two cats over the age of four months or a combination not to exceed two may be kept or maintained in any one dwelling unit located within a mobile home park, multifamily dwelling or apartment or condominium complex, if allowed by the regulations of the owner or condominium association. 7 Animals - Title 8 9. Large birds not exceeding a total of two may be kept on any parcel pursuant to a permit issued by the animal control officer. 10. In addition to any animals allowed by subsection A of this section, a resident of a dwelling unit located in a mobile home park, multifamily apartment or dwelling or condominium may keep a maximum of two small ornamental birds or song birds, if allowed by the regulations of the owner or condominium association. 11. No more than three cats, each exceeding four months of age, shall be kept on any parcel of land within the city. 12. Only one reptile, lizard, or nonvenomous snake not exceeding six feet in length or twenty-five pounds in weight, may be kept on any property, either alone or in combination with any other animal or combination allowed by this section. (B and C — NO CHANGE). 8.32.020 Conditions of keeping or maintaining permitted animals, birds and reptiles. It is unlawful for an owner or other person charged with the keep, care, possession or maintenance of an animal, bird or reptile to fail to comply with the following regulations: (A and L — NO CHANGE). M. No animal or bird shall be allowed to howl, bellow, squawk, or make a sound characteristic of that species which creates a noise disturbance across a residential or commercial real property line or within a noise sensitive zone between the hours of 10 p.m. and 7 a.m. daily for more than three (3) minutes, or at other times for more than ten (10) consecutive minutes or for more than a total of fifteen (15) minutes within any sixty (60) minute period. This provision shall not apply to public zoos. Interference by noise shall also constitute a public nuisance. The procedures set forth in Sections 8.16.050 and 8.16.055 shall be utilized in responding to noise complaints and requests for abatement, in so far as applicable, under this section. PASSED and ADOPTED this day of 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla City Clerk George H. iser, III City Attorney 8 Animals — Title 8 City of National City, California COUNCIL AGENDA STATEMENT `- i IEETING DATE March 12 2002_ SECOND READING OF ORDINANCE AGENDA ITEM NO. _22 __ (-ITEM TITLE AN ORDINANCE AMENDING TITLE 4 OF THE NCMC BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAPTER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT" PREPARED BY EXPLANATION Rudolf Hradecky , DEPARTMENT City Attorney This item was previously before the City Council for direction to staff, based upon the points addressed in the attached staff report. The Council on January 22, 2002, approved the ordinance in concept and directed that pertinent portions be reviewed by the Planning Commission. On February 4, 2002, the Planning Commission approved the proposed definition in Section 18.04.684, which deletes reference to the number of days a "transient" stays at a guest facility. The changed definition of "transient" in Sections 4.32.020 and 18.04.684 eliminates any regulatory implication restricting the length of a guest stay at a hotel/motel, and focuses instead on the nature of the occupancy as defined by the Civil Code. The proposed ordinance also makes minor administrative clarifications to Chapter 4.32, and provides for the refund of Transient Occupancy Tax ("TOT") previously paid once a guest stays beyond thirty consecutive days. The ordinance is supported by the hotel industry, and is seen as enabling the industry to be more competitive with neighboring cities. Some reduction in TOT collected will result, but the extent of the reduction has not been ascertained. CEnvironmental Review N/A Financial Statement Unknown loss of TOT revenue. >STAFF RECOMMENDATION Approved By: Finance Director Account No. _ Approve proposed ordinance. BOARD / COMMISSION RECOMMENDATION Planning Commission approved change to Section 18.04.684 on February 4, 2002. ATTACHMENTS ( Listed Below ) Staff Report Proposed Ordinance Resolution No. STAFF REPORT REGARDING TRANSIENT OCCUPANCY TAX At a workshop held on December 17, 2001, the City Council considered issues affecting transient occupancy tax (hereinafter "TOT") and the maximum length of occupancy to be allowed at hotels and motels. Representatives from the hotel industry were invited to participate and were in attendance at the workshop. A report by the City Attorney, dated October 16, 2001, regarding clarification of the relationship between transient occupancy taxes and the definition of "transient" is attached as Attachment "A" for your reference. Briefly stated, the National City Municipal Code does appear to limit occupancy stays at hotels and motels to a maximum of thirty (30) days, and does not allow for a refund of TOT taxes to transient guests who stay beyond thirty (30) days. Representatives from the hotel industry have claimed that it is impractical to limit occupancy to a maximum of thirty (30) days, and that City policy to not allow a refund of TOT tax to a person who exceeds a thirty (30) day stay puts the hotel industry in National City at a competitive disadvantage to Chula Vista and San Diego. Following lengthy discussion at the workshop, a consensus appeared to emerge that there was no practical reason to limit hotel/motel stays because business and economic necessity generally dictates that consideration. The Council also appeared receptive to allowing for a refund of the TOT tax paid by a transient who stays beyond thirty (30) days, based on maintaining a competitive thriving hotel industry in National City. Staff prepared an ordinance that accomplishes those two principal objectives, based on what it perceives the sense and direction of the Council to be, along with a few administrative clarifications on unrelated TOT issues. The proposed revisions to Title 4, Chapter 4.32 provided for a clearer definition of a "transient" by reference to Civil Code Section 1940(b), for a refund of TOT when occupancy exetls thirty (30) days, and adds "recreational vehicles" to the definition of "hotel". This latter would allow TOT to be charged to RV's that will eventually stay at the Marina. The remaining revisions are administrative and also clarify who is initially exempt from the payment of taxes. The revision that is proposed for Title 18 of the Land Use Code modifies the definition of "transient" from a person who stays for thirty (30) days or less, to instead read: "Transient means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provisions of Civil Code Section 1940(b) " Staff Report Transient Occupancy Tax Agenda of February 19, 2002 Civil Code Section 1940(b) provides that persons who stay at hotels and similar guest facilities are not entitled to protection against eviction and unlawful detainers. Hotel guests can be locked -out and dispossessed without recourse to judicial protection for lack of payment. By incorporating reference to the Civil Code, our proposed definition will maintain a clear distinction between a "tenant" or "lessee" who is entitled to judicial protection and a hotel guest who, as a temporary lodger, is not —regardless of the length of continuous stay by that transient guest at the hotel. A copy of Civil Code Section 1940 is attached as Attachment "B". The revision to Title 18 of the Land Use Code was referred to the Planning Commission for review on February 4, 2002, based on the Council's conceptual approval of the proposed ordinance on January 22, 2002. The proposed ordinance in now brought back for introduction. ORDINANCE NO. 2002 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 4 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 4.32 RELATING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 18, CHAPTER 18.04 RELATING TO DEFINITIONS OF "TRANSIENT" BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 4, Chapter 4.32 is amended by amending Sections 4.32.020, 4.32.030, 4.32.040, 4.32.070 and 4.32.110 to read as follows: 4.32.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter: A. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for temporary occupancy by guests for dwelling, lodging or sleeping purposes, and includes any inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, any mobilehome, house trailer or recreational vehicle located at a fixed location, or any other similar structure or portion thereof used for temporary occupancy. (B through E - No change.) F. "Tax administrator" means the City Treasurer or Finance Director. G. "Transient" means any person who exercises temporary occupancy or is entitled to temporary occupancy in a hotel, as defined, by reason of concession, permit, right of access, license or other agreement that is subject to the provisions of Civil Code Section 1940(b). 4.32.030 Tax imposed. A. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator for each day of the first thirty (30) days of occupancy. In determining whether a person is a transient subject to tax, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. The tax is due for each full or partial consecutive period of occupancy by that transient. Said tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's rising to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. B. Any tax collected shall be refunded to a transient guest after his or her occupancy exceeds thirty (30) continuous days. Refund of tax shall not alter the transient status of the guest under Civil Code Section'1940(b). 2002 Ordinance Transient Occupancy Tax 4.32.040 Exemptions. A. No tax shall be imposed: 1. When hotel rents are directly paid by the United States Government or its agencies or instrumentalities, or by a transient while he or she is on official business as an employee of the United States Government or a federal agency or instrumentality. This exemption does not exempt a transient who is employed by a business entity that is under contract to a federal entity from payment of the tax for a room rented by that transient even though the payment is later to be reimbursed by the federal entity; 2. When hotel rents are directly paid by the State of California or a state agency. This exemption does not exempt a transient who is employed by the State from payment of the tax for a room rented by that transient even though the payment is later to be reimbursed to the transient by the State. 3. When the transient is by treaty or federal or state law exempt from payment of transient occupancy taxes. B. No exemption shall be granted under subsections (A)(1), (A)(2) or (A)(3) except upon a claim therefore made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Documentation in support of the claim for exemption, such as copies of government issued contracts, official travel orders, government credit card payment vouchers, purchase orders or checks, shall be presented with the exemption form. Completed exemption forms along with supporting documentation shall be returned to the tax administrator with the corresponding tax remittance. 4.32.070 Operator — Returns. Each operator shall, on or before the last day of the month following the close of each calendar month, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator, with any exemption forms and supporting documentation applying to the reporting period. The return is filed as of the date of the receipt issued by the tax administrator or if mailed as of the date of postmark, provided payment is actually received by the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder when deemed necessary in order to insure collection of the tax and the tax administrator may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. 4.32.110 Operator — Records. It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three calendar years, excluding the then current year, all records as may be necessary to determine the amount of such tax as the operator may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. 2002 Ordinance 2 Transient Occupancy Tax Section 2. That Title 18, Chapter 18.04, Section 18.04.684 is amended to read as follows: 18.04.684 Transient. "Transient" means any person who exercises temporary occupancy by reason of concession, permit, right of access or license under the provision of Civil Code Section 1940(b). Section 3. That the City Council finds that the proposed code amendments to Title 18 are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendments will modify the Code requirements regarding occupancy in hotels, motels and other temporary housing and will neither modify the zoning designations nor increase the intensity of use for any property. Section 4. That the City Council finds that the proposed Code Amendment to Chapter 18.04 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses that are compatible with adjoining neighborhoods and business districts and the economic development goals of the General Plan to provide a favorable climate for attracting new, high -quality business activity into the City. PASSED and ADOPTED this day of , 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2002 Ordinance 3 Transient Occupancy Tax City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 23 (-ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT AND COASTAL \ DEVELOPMENT PERMIT FOR THE EXPANSION OF AN AUTOMOBILE IMPOUND/STORAGE YARD AT THE NORTHWEST CORNER OF 33RD STREET AND NATIONAL CITY BOULEVARD (APPLICANT: THOMAS MOYNAIIAN JR.) (CASE FILE NOS.: PD-2001-6/CDP-2001-5) PREPARED BY DEPARTMENT Andrew HoskinsonQ. Planning EXPLANATIONThe project site is a vacant 0.66 acre lot at the northwest corner of 33rd Street and National City Boulevard, south of Moynahan's Towing and Muffler in the Light Manufacturing -Planned Development -Coastal Zone (ML-PD-CZ) zone. The site is as much as seven feet below adjacent road grade. The applicant is proposing to expand the existing 1.78 acre automobile impound/storage yard into the vacant lot. The expansion area will be used solely for impounded vehicles; wrecked vehicles will be stored in a 15,000 square foot area within the existing storage yard. The proposal includes the construction of an eight foot tall stuccoed concrete block wall along both National City Boulevard and 33' Street. The wall will be setback four to seven feet from the property lines, plus the width of the parkway, which varies from four to 16 feet. The setback area and parkway will be landscaped. The existing building and wall on the Moynahan property will be stuccoed to match the new wall, and additional customer parking will be provided where there are currently service pits. At the February 4, 2002 public hearing on the project, the Planning Commission added a condition of approval, at the applicant's request, that allows three years to phase out the service pits. The Commission voted to approve the project, finding that the proposed screen wall and landscaping would obscure views of both the existing and expanded storage yard, thus improving the area. Environmental Review X N/A Categorical Exemption Financial Statement N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Valderrama, Ungab, Baca, Reynolds, Detzer Abstain: Flores, Parra ATTACHMENTS ( Listed Below ) I. Planning Commission Resolution No. 9-2002 2 . Location Map 3 . Site Plan and Building Elevations Resolution No. A-22: 9 63! RESOLUTION NO. 9-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE EXPANSION OF AN AUTOMOBILE IMPOUND/STORAGE YARD AT THE NORTHWEST CORNER OF 33an STREET AND NATIONAL CITY BOULEVARD APPLICANT: THOMAS MOYNAHAN JR. CASE FILE NOS. PD-2001-6/CDP-2001-5 WHEREAS, the Planning Commission of the City of National City considered Planned Development Permit and Coastal Development Permit applications for the expansion of an automobile impound/storage yard at the northwest corner of 33`d Street and National City Boulevard at a duly advertised public hearing held on February 4, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. PD-2001-6 and CDP-2001-5 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, TIIEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 4, 2002, support the following findings: FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 0.66 acre vacant lot is adequate for the storage of impounded automobiles, the required parking and landscape improvements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is on a major arterial road that is operating well below capacity, and since the expanded automobile impound/storage yard should add less than 60 trips a day to the traffic along National City Boulevard and 33" ' Street. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is designed to harmonize with adjacent development, and since the required screen wall and landscaping will obscure views of both the expanded automobile impound/storage and the existing storage yard. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the improvements to the site will enhance the vacant area and further obscure views of the automobile impound/storage yard with landscaping in compliance with the General Plan, and since the expanded area will allow the City contracted impound/storage service to continue to meet the needs of the City and the general public. FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. That the granting of CDP-2001-5 is consistent with and implements the Certified Local Coastal Program, since the use is allowed in the ML-PD-CZ zone, is consistent with the standards contained in the LCP Implementation document, and since it will not restrict coastal access. 2. There are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that is applicable to the granting of the Coastal Development Permit. 3. That granting of CDP-2001-5 is consistent with all other plans and ordinances of the City, since the project has been designed to meet all standards of the Land Use Code and since the project is consistent with the Combined General Plan/Zoning Map designation, and since conditions of approval will ensure conformance with City standards for design and operation. BE 1T FURTHER RESOLVED that the applications for Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: 1. This Planned Development Permit/ Coastal Development Permit authorizes the expansion of an existing automobile impound/storage yard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File nos. PD-2001-6/CDP-200I-5, dated 1/15/02. 2. Street improvements shall be in accordance with the City Standards. All missing street improvements (314 feet of sidewalk) shall be constructed. 3. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 4. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or 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 written notification by the City Engineer. 5. 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. 6. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 7. 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. 8. The owner shall submit a letter to Sweetwater Authority from the appropriate fire agency stating fire flow requirements. 9. 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. Additionally, plant and tree sizes shall be subject to approval of the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 10. Before this Planned Development Permit/Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit/Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit/Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. The service pits in front of the building at 3200 National City Boulevard shall be removed within three years from date of final approval. 14. At least two customer parking spaces, in accordance with all Land Use Code requirements, shall be provided in the area labeled display on the plans labeled Exhibit A -Revised, dated 1/15/02. 15. The proposed screen wall along 33`d Street shall be setback seven feet from the south property line, from the east property line to a point 40 feet west of the east property line. 16. The four -foot painted block wall along the front property line shall be finished with stucco to match the required screen wall. 17. The proposed screen wall along National City Boulevard shall be constructed as a tiered retaining wall to effectively screen the impound/storage yard from the public right-of-way, subject to approval by the Planning Director. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2002, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: VALDERRAMA, UNGAB, BACA, REYNOLDS, DETZER FLORES, PARRA ...4.11••: .....-...r..r.•••- e 0 c DluioblIDa ooelp UOI 1 3 3 1 I H 3 a V gTDau yarn{ ppOl IJ77go.7 a Oa • Abla lououD4 9NIM01 NVHVNAOW I77OI40e8f* • uold bold a O C a H 0 HILION I I- 0 J 6 . City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 24 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A YOUTH DEVELOPMENT CENTER ON THE EAST SIDE OF EUCLID AVENUE BETWEEN DIVISION AND BETA STREETS (APPLICANT: WESLEY E. ETHERIDGE, SR.) (CASE FILE NO.: CUP-2001-21) PREPARED BY Jon Cain DEPARTMENT Planning EXPLANATION The project is proposed in a 3.98-acre shopping center on the east side of Euclid Avenue, between Division and Beta Streets. The site is in the CG-PD General Commercial —Planned Development zone and includes a Seven -Eleven, Taco Bell, and various other businesses. There is a shopping center across Euclid to the west; there are single-family homes to the west and across the street to the north and south. The applicant, Operation Save Our Youths Lives (SOYI.,) is a non-profit group serving at -risk youth ages six to eighteen. The group's goal is to increase the high school graduation rate in the region. The applicant has been using a 1,000 square foot suite at 2505 Division #D since February 2001. The Conditional Use Permit would legalize the use and also allow the paving of an unused, 6,000 square foot area at the northwest corner of the lot along Beta Street for military -style drills such as marching. The applicant offers programs to teach order and discipline, provides counseling, and teaches classes on topics such as literacy, anger management, and violence prevention. Classes for up to fifteen people at a time are currently held in the office; marching activities currently take place at El Toyon Park and are attended by 30-60 people. Conditions of approval would limit the number of participants at any one time to 15 in the office and 75 in the marching area; outdoor activities would be allowed Monday through Saturday from 2:00 to 6:00 p.m. "There was no opposition to the project at the Planning Commission public hearing. The Commission voted to \.approve the project based on the opportunities it provides for trainin and counselinat-risk youth. (Environmental Review X_ N/AExempt Financial Statement N/A >STAFF RECOMMENDATION Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the application. ? Vote: Ayes — Valderrama, Ungab, Parra, Baca, Reynolds, Detzer Abstain — Flores ATTACHMENTS (.Listed Below 1. Planning Commission Resolution no. 8-2002 2. Location Map 3. Applicant's Site Plan Resolution No. RESOLUTION NO. 8-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A YOUTH DEVELOPMENT CENTER ON THE EAST SIDE OF EUCLID AVENUE BETWEEN DIVISION AND BETA STREETS APPLICANT: WESLEY E. ETHERIDGE, SR. CASE FILE NO. CUP-2001-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a youth development center at on the east side of Euclid Avenue between Division and Beta Streets a duly advertised public hearing held on February 4, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-21 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 4, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will occupy an existing suite and vacant area on the lot, since the existing parking area is adequate to serve the existing uses and proposed facility, and since the use will not result in any loss of parking or landscape area. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the property is served by two arterial streets and the use is not expected to substantially increase traffic volumes at the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the hours of operation for outdoor activities will be limited to late afternoon hours and since the indoor activity is not expected to disturb nearby residential properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for training and counseling at -risk youth. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a youth center at 2505 Division Street Suite D, along with use of a proposed paved area for drills such as marching and calisthenics. This permit also authorizes the expansion of the use to other existing suites at the property with Planning Commission approval of plans. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. CUP-2001-21, dated 1/7/2002. 2. The deteriorated portions of the existing street improvements (20 feet of sidewalk) shall be removed and replaced. 3. The existing drainage system on the property shall be cleaned out and repaired as necessary. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. This permit shall become null and void if not exercised }n+ithin one year after adoption of the resolution of approval unless extended according t4 procedures specified in Section 18.116.190 of the Municipal Code. 6. Outdoor activities shall be permitted only between the hours of 2:00 p.m. and 6:00 p.m., Monday through Saturday. 7. Use of the office area shall be limited to no more than 15 participants at any one time, and use of the outdoor area shall be limited to no more than 75 persons at any time. 8. The existing temporary signage for the use shall be removed and replaced with permanent signage within 30 days following approval of the Conditional Use Permit. 9. New paving shall be per City Engineering Department standards. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to tt applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2002, by the following vote: AYES: VALDERRAMA, UNGAB, PARRA, BACA, REYNOLDS, DETZER NAYS: ABSENT: ABSTAIN: FLORES r.. / / 4449 /of/ st J' J/ !41/ ALPHA STREET ER N N ' Co W ._ 33._ .36 r 2 23 126 13 16 Cpo ter. eir NIN C N Vi N s� N tYN 22 I • 12 g DIVISION STREET O cr. .i NiN NQNN a.r, N ! NIN N IN MELROSE STREET O!r NINN N N N MIT DONOT PLANNING AT1CMat cm. CAW Ale BETA STREET 283.09' r0 ar o DIVISION STREET NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2001-21 DATE: 1/7/2002 City of National City, California COUNCIL AGENDA STATEMENT _..EETING DATE March 12, 2002 AGENDA ITEM NO, 25 ITEM TITLE REQUEST BY NATIONAL SCHOOL DISTRICT TO USE CITY PORTABLE STAGE AND PUBLIC ADDRESS SYSTEM PREPARED BY Jim Ruiz EXPLANATION DEPARTMENT Parks & Recreation Attached request from National School District to use our portable stage and public address system on Saturday, April 27, 2002, at their Child Development Center. Whenever use of the stage is requested to be used at a site other than City property, the City Council must give approval/disapproval. (City Council Policy 802). ( Environmental Review _ _X N/A Financial Statement Cost to use stage including overtime would be $250. Approved By: Finance Director Account No. STAFF RECOMMENDATION Reuqest council guidance. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Request from National School District NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 3-01-02 Jim Ruiz City of National City Director of Parks and Recreation Department 140 East 12. h Street National City, CA. 91950 Mr. Ruiz: The National School District is preparing for it's Annual Week of The Young Child Celebration. Last year our celebration drew more than 700 National City residents and volunteers. This year's celebration will be held on Saturday, April 27, 2002 at the Child Development Center, 2401 east 24`h street, between the hours of 9:30 am and 1:00 pm. National School District has a great many talented children participating in choral and instrumental groups. We would like to borrow the Recreation Department's mobile stage in order to feature a number of these groups during the celebration. We would need the stage set up about a half an hour prior to the celebration and removed at 1:00 in the afternoon. Please let me know if it will he possible for us to use the stage and any charges there might be for transporting and setting it up. If you need additional information, I can be reached at (619) 336-8670. Sincerely, (. f-, Kathy Ranck, Coordinator of Child Development Programs BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L. CAMPBELL; ALMA GRAHAM; JAMES GRIER, JR.; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON. Ed.D. ASSISTANT SUPERINTENDENT --EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT --BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS City of National City, California COUNCIL AGENDA STATEMENT .1EETING DATE March 12, 2002 AGENDA ITEM NO. 26 /ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE NATIONAL SCHOOL DISTRICT AND WAIVER OF FEES PREPARED BY DEPARTMENT Burt Myers Public Works EXPLANATION The National School District is requesting use of the Community Center on Wednesday June 19, 2002 from 5:00 until 9:15 pm. The School District is planning a choir and band performance. They will be expecting 550 participants. Costs: Building: $527.67 Custodian: 139.63 Total: $717.3Q Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. 9 I - Environmental Review N/A Financial Statement Loss of $717.30 if waiver of fee is a•proved. /1 I STAFF RECOMMENDAT Council decision on use Approved By: munity enter end waiver of fees. BOARD / COMMISSION RECOMMENDATION NIA Finance Director Account No. ATTACHMENTS Listed Below ) 1. Application for Use of the Community Center 2. National School District letter dated February 8, 2002 Resolution No. APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization National School District Business Address 1500 N Avenue Name of Applicant Katie Filzenger Address 1500 N Avenue Telephone Number ( 619) 336-7760 (day) ( ) (evening) Type of Function School Band/Choir Performance Date Requested Wednesday, June 19, 2002 Decorating Time s • 00 ( /pm) to 6:30 Wpm) Function Time 6:30 (am/pm) to 9:00 (RBI/Pm) Use of Kitchen Facility x yes no (access for making coffee only) (we will furnish materials and equipment) Use Time 5:00 (gtir/pm) to 9:00 Wpm) Clean-up 9:00 (am/pm) to 9:15 (.121/pm) Number of Participants 550 Will Admission be charged? _a._If yes, Amount $ Will this event be used as a fund raising event? no Will alcohol be served? no ABC Permit Submitted? Certificate of Insurance attached? no on file with the City Special configuration of tables or chairs required? yes (If yes, attach sketch) Special equipment required? yes (If yes, attached list) stationary microphone and stage Copy of Rules & Regulations provided? yes Initial K f I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the Citys facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. alloz, Signature App • / f Date CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $ 1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement Certificate of Insurance must be attached to this permit. Organization National School District Person in charge of activity Katie Filzenger Address 1500 N Avenue Telephone 336-7760 City facilities and/or property requested National City Community Center Date(s) of use June 19, 2002 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 froth and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Director of Special Education 2/8/02 Official Title Date Certificate of Insurance Approved by Name & Title Rev. 04/01 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 February 8, 2002 Members of the National City Council: The National School District Music Program will be using the National City Community Center the evening of June 19, 2002 for the purpose of a parent performance. We request a waiver of fees for this occasion. Sincerely, Katie Filzenger Director, Special Education BOARD MEMBERS: ROSALIE "ROSIE" ALVARADO; ANNE L CAMPBELL; CECIUA GARCIA-KIRK; ALMA GRAHAM; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS } City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12, 2002 AGENDA ITEM NO. 27 (ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JROTC AND WAIVER OF FEES PREPARED BY Burt Myers EXPLANATION DEPARTMENT Public Works The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Community Center for their promotion and awards ceremony on Friday May 31, 2002 from 6:00 p.m. until 9:30 p.m. They will be expecting approximately 350 people to attend. Costs: Building: $307.83 Custodial: 134.04 Total: Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. Environmental Revier N/A Review Financial StatemeLoss of $441.87 if wof fees i . p r, roved. STAFF RECOMMEND Mundt decision on us: • . unify Center an waiver of fees. Approved By: BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Community Center 2. MCJROTC letter dated February 22, 2002 APPLICATION FOR USE OF THE NATIONAL CITY TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization ,Sc.,je1-hsh & aL /Y/c3` fC Business Address 29-00 i-J ka �d 41)e •e_ Name of Applicant Cc4 /2a b ER •Rc S co CAS nn C ( J Address S U I-1 T 2900 F(75hitnd prucAitie, 0 • C Ce4 ?/%S ' Telephone Number ( Y/77- 3756 _(day) (6/9 ) 67/- G 26 (evening) Type of Function MCJi7'-fc- ft- u-)rr7ZDS CrgcnoCCJ Date Requested /Y1,4 y 31 2 00'2- Decorating Time 6 = 00 (• selp to -7.' (Ji) (am/e3 Function Time 7 oV (am/CY to 9 -) (am/40' Use of Kitchen Facility yes X. no Use Time (am/pm) to (am/pm) Clean-up (am/pm) to (am/pm) Number of Participants _ 2 ,-Q Will Admission be charged? y,JC If yes, Amount $ }v Will this event be used as a fund raising event? #J O Will alcohol be served? %IQ ABC Permit Submitted? ^ ii A Certificate of Insurance attached? N9ES Special configuration of tables or chairs required? J SS (If yes, attach sketch) Special equipment required? `J' t. S (If yes, attached list) Copy of Rules & Regulations provided? Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any -and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. Signal if Ap i licant Date 1 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization ��c.ce et( r e.- U/)10k) Mcr -- Person in charge of activity CorioY)( 4,e0 .�� Sa'I J Wm( (t ij Address 2y60i sell/ d / l,1) L? , i C. C4- Telephone (6 /9) L(72- 3 75-6 City facilities and/or property requested Jij 7104e. &7r' 6,9m ipiriv6 31 �J Date(s) of use rn 4) 2coi HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applan Official Title Date Certificate of Insurance Approved by Name & Title Rev. 04/01 MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 February 22, 2002 Mr. Burt Myers Public Works Director 1243 National City Blvd. National City, CA. 91950 Sir, The Sweetwater Union High School Marine Corps JROTC unit request the use of the National City Community Building on Friday, May3t, 2002. We are conducting our 2"d Semester promotion ceremony and awards ceremony. I am also requesting a waiver of any associated fees involved with the use of the facility. Additionally, I have completed the application for use of the facility. Favorable consideration is appreciated. Sincerely, Robert i. ckson Colonel, I SMC (retired) Senior Marine Instructor Copy to: Mayor Waters City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 12,2002 AGENDA ITEM NO. 28 _ ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE Claudia Caro, Permit Technician Building and Safety DEPARTMENT 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, March 22- Sunday, March 24, 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 ^ NIA 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. Account No. STAFF RECOMMENDATION 0.1.1LC1'R lAlK�¢o/ — Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS I Listed Below) Resolution No. Application For A'I'emporary Use Permit with recommended conditions of approval CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: March 22-24, 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 f x 1 NO f 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. 02;21.2002 10:32 FAX ®001 Facsimile DATE: a/'I f b 2 . TO: COMPANY: FACSIMILE NUMBER: FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: 1 ?ad, SNOP.PI NOTOWN PLAZA BONITA, 3O3O Plaza gonna Road National City, CA 111950 Telephone (619) 267-2060 Fscstmlle (519) 472-5652 64.01 „i aD,t ,4.a.64, (;% Wa,1% 31e --/ 4- 3/A .26/hz z ci/jigr(f The contents of this facsimile (including attachment*) may be privileged and confidential. Any unauthorized use of the contents is expressly prohibited. If you have received the document n error, please advise us by telephone (reverse charges) immediately and then shred the document. Thank you. Type of Event: Public Concert Parade _ Motion Picture Event Title: _ Fair _ Festival Community Event _Demonstration Circus Block Party _ Grand Opening Other () 3A- (sue Event Location: i'1 � gQPu—i 6-- Event Date(s): From 3 "'go 3 _a r Total Anticipated Attendance: Month/DaylYear c2Q Participants) a (1 Spectators) Actual Event Hours: -1 a®/pm to ' 0 am/� Setup/assembly/construction Date: 3 1 Start time: 11 14 1/1- Please describe the scope of your setup/assembly work (specific details): c ru CSC % U P FTC T1 FrS cm -es Dismantle Date: 3 a-S Completion Time: 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: At eu "10 16 "> ,For Profit Not -for -Profit Chief Officer of Organization (Name) f I CLE Applicant (Name): Th j T j1 C.e( W Address: Daytime Phone: (biCf) .7-1It I Evening Phone:r(6 ) t177--rIC( Fax: (d_gl` 17y -53 V C(7 Contact Person "on site" day of the event: C)r2 1 r-L 0 R Y Pager/Cellular: 6) C( - 3-g'1(j3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I 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 )<NO YES "Z--NO $ -X° y 6Cc) Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ' !' a) Estimated Expenses for this event. $ ij (1What 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. G-EIq(\t— 1)5tb ( 1 r S reR ti/ (o Aop i / ou i-�- A 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: 2 _ YES X,NO Does the event involve the sale or use of alcoholic beverages? A YES _ NO Will items or services be sold at the event? If yes, please describe: U>Eb U N C YES XNO 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 KNO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes 10 x ( 0 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 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 l %� Please describe how food will be served at the event: f // If you intend to cook food in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ 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 property 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: `x0AAi)' `i ASS f<rc 3L)3 051 Z C P �J 3 Please describe your procedures for both Crowd Control and Internal Security. - JCUQi t� 5 CCvai�( ca (t WcQk c i N /11-LL YES AO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: O Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. C)v ST�j f €. T QsT A'rA v t u &E t SP 1N Please describe your Accessibility Plan for access at your event by individuals with disabilities: lvc Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impactedby the event: �lJ )%\ie TJ itic)--� N �CJS PATp�E P 1 �11J S-lam -` »CY 0' i `P- 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 ty e f music. Number of Stages: /F r Number of Bands: y Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: 13./pm Finish Time '.7 am/) YES KNO Will sound checks be conducted prior to the event? If YES, please indicate: am/pm Start time: am/'pm Finish Time Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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. Organization / C COO E t& 1 b Person in Charge of Activity (� L/ /2C E g t" (T Address Telephone (fi) 4i ?7 r ) Date(s) of Use 3 31l o N A i -60 ca- -? f L ) N C c /w HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Sigr3 t re of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 12. 2002 AGENDA ITEM NO. 29 'ITEM TITLE PREPARED BY EXPLANATION "TEMPORARY USE PERMIT FATHER & SON'S AUTO SALES - USED VEHICLE TENT SALE Claudia Caro. Permit TedBEPARTMENT Building and Safety This is a request from Father & Son's Auto Sales to conduct a three day used vehicle tent sale on the parking lot at Sweetwater Square Shopping Center located at 3003 Highland Ave, from Friday, March 15— Sunday, March 17, 2002. The hours of the sale are from 9:00 a.m. until 8:00 p.m. They will have D.J. music for entertainment during the event. The event involves the sale of used cars from the Father and Son's car lot in National City. Environmental Review X NIA Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. STAFF RECOMMENDATION CLe-r, .4 Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Account No. N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9180 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Father & Son's Auto Sales EVENT: Used Vehicle Tent Sale DATE OF EVENT: March 15 - 17, 2002 TIME: 9:00 a.m. until 8:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ I SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ I SEE CONDITIONS [ x POLICE YES [ x ] NO I I SEE CONDITIONS j ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to he 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 he 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 he 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. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization t( & SV) S ,X '""$ Person in Charge of Activity '\ et ofohn Address 100 u). 30111 Nailo06t 16i Cn 9 Fl Sv Telephone (pn• q'5 Ogad' Date(s) of Use 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 act4vity taken under the permit by the perm;, its age ts, employees or contractdrs. Signp e of Appl Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert Parade Motion Picture _ Fair _ Demonstration ��trcus lock Party Grand Opening ✓OtherWit(18i1'Ai%i'F Q Festival Community Event Event Title: 1t1►xi SIXES �1) ,)(�J (arIYtffdk Event Location: WO J `th9V1I (LI1 Gi 6)Vd N u 0 1(& [ U. ►\% Event Date(s): From 7; t7 to 31I-4-102. Total Anticipated Attendance: 1S-1) Month/Day/Year ( Participants) q ( Spectators) Actual Event Hours: l &m to 8 a .m Setup/assembly/construction Date: Start time: 30etwl Please describe the scope of your setup/assembly work (specific details): �C�+ p fPJ CP,�I5fma �I I ►�S, 9viatiiivr &r►d ipief - 0_ Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: t uTCK &Ju{S 41A% JL1L ( Chief Officer of Organization (Name) eci extVeiv Profit Not -for -Profit Applicant (Name):rckut N C1J_ �` Address: tW u). •xt S}. Nd1YcU Gfvj )C`+,9 9 19c1.3 Daytime Phone: (OICy (.1 1(4 - 113i)Evening Phone: ( ) Scf n,,c_ Fax: ((,9/q) Li%`l - Contact Person "on site" day of the event: ,'ICI (hvhn Pager/Ctellular(: CI?-5 - o c a 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 /NO YES ✓ NO $ ,oU 0 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. anj /p 42iv4. (oo verh(L5 (n 500 S�.CJ)P - { 190'0-f'1 04cl one k j _ 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: 7 _ YES10 Does the event involve the sale or use of alcoholic beverages? _IYES _ NO Will items or servi be old at the event? If yes, please describe: UIQLttVStJ t-1{inn.sCQIf inC iwomfm his) _ YES ./NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES fVO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canofs? AYES: Number of tent/canopies 1.1 Sizes V K NOTE: A separate Fire Department permit is required for tents or canopies. YES GIGO 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 Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS _ELECTRIC _ CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ 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: &fl w asti b bx Y in) R5 . akt,h2 Sa 05 o fOmit (/c)51 y 3 Please describe your procedures for both Crowd Control and Internal Security: fit l IXei 1Xl i'j ,l IL4' f15 non-(,UCpt l- r' th T 'YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: 5Ot,1, (i lf)1n I a $tri4,01)-y J!'V Ci2j Security Organization Address: (J Security Director (Name): Phone: 'YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illpminated to enswe safety of the participants and spectators: Taditel P ase indicate what arrangement you have made for providing First Aid Staffing and Equipment. Pip -ape OM 7� � c ie I,vI►1 s rti Please describe your Accessibility Plan for access at your event by individuals with disabilities: P W III►S fttlhj hardttood UrrpsGJ-(F U.! 1J ),1t'puui Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Sa— (A) a , - 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: n 1►Q 171itcIY1tsi(.l i S tkkeW S�r� rrr� ar ,c- vi crhh- i h j) a f ni l c1 Pi[c+ fi c d'Den uvp 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: Of Number of Bands: ands: Type of Music: 7+ W 1 1 oW1 pc(C 1-4b C YES ti4O Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES v 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 LINO Fireworks, rockets, or other pyrotechnics? If YES, please describe: `YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 knIvI I2C,wws / prow► f S 6112 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval • I Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Date Received 02/19/2002 15:13 6196929092 UTAH PACIFIC DEVELOP PAGE 02/02 Mike McPhee La Jolla Pacific Development Group 2650. Cameo Del Rio North Mission Valley, CA 92108 February 19, 2002 Dear Mr. McPhee, This letter is to outline the dates selected by Fuathcr & Son's Auto Sales to hold our off site tent sales at your Sweetwater Square locatioo<} in National City, CA. Please review these elates and sign below to accept. /74 March s .ice, 2002 April 12th-14tty 2002 May 10th-12th, 2002 June 7th-9th, 2002 July 12th�-14th, 2002 4 - -4- _ 0 t aagilo i:.,. _ me 'tt> 30, Zane Phee La Jolla Pacific Development Group Sincerely, Atiel Crohn Father & Son's Auto Sales 100 W. 30th St. National City, CA 91950 (619) 474-4130 7(1 arc akw, N11-41 k1,4 ThTRb/bFT9 9F:10 yGg7./LT./ZO 10/30/2004_ 16:36 6196929092 UTAH PACIFIC DEVELOP PAGE 02/E October 30, 2001 LA JOLLA PACIFIC DEVELOPMENT GROUP Frank Parker Father & Son Auto Sales 100 West 30" Street National City, CA 91950 • j Subject: Periodic Auto Sales - Sweetwater Square Shopping Center Dear Mr. Parker: Sweetwater Square, LLC, a California limited Liability company ("Sweetwater") is the owner of the Sweetwater Square Shopping Center located at 3003 to 3009 Highland Blvd., National City, California (the "Shopping Center"). The Shopping Center is managed by La Jolla Pacific Development Group ("LJPDG"). Father and Son Auto Sales ("F & S") requested the right to conduct monthly sale of automobiles on a portion of the Shopping Center on an exclusive basis and we are agreeable to such activities on the following terms and conditions: Location. F & S shall be entitled to utilize the space depicted on the attached site plan attached hereto marked Exhibit "A" during the months of January through October. During the months of November and December F & S shall use the area designated on Exhibit "A" as "Holiday Period Lot". Term. The right to use the designated area of the Shopping Center parking lot shall commence November 1, 2001 and shall terminate October 31, 2003, however, this agreement may be terminated by either party with thirty (30) day1^ written notice to the other or at any time for cause. 3. Fee. F & S shall pay to LJPDG a monthly fee for the use of the designated portion of the Shopping Center. For the first twelve (12) months of this agreement the fee shall be $1000.00 per month payable to La Jolla Pacific Development Group no later than the fifth (5') day of each month. During the last twelve months of this agreement the fee shall be $1500.00 per month. 4. Monthly Schedule. F & S may at its election conduct its auto sales on the second or third weekend of each month and F & S shall no later than the fifth (5'i') day of the month notify LJPDG of which weekend it has elected. This is necessary so that LJPDG can schedule other functions. F & S shall have use of the designated area fromweper Friday to fitee.m. onxiiiii0111sy of the elected weekend. ,30.4, mo4.21) '. 2650 Canino del Rio North Suite 301 San Diego CA 92106 Phone:619-692-9092 Fox:619-692-9796 10/30/2001 16:36 5196929092 UTAH PACIFIC DEVELOP PAGE 03/0 5. Insurance and Secugty. F & S shall provide LJPDG with a certificate of insurance in the amount of $1,000,000 naming Sweetwater and LJPDG as insureds. The certificate shall be issued by an insurance company acceptable to LJPDG. F & S,}�till maintain security personnel for the entire length of time that it occupies the parking lot., additionally, it stall fence the sales a. ei with fencing that does not require penetration of the parking lot. 6. Exclusivity. LJPDG agrees that it will not permit any other automobile sales in the Shopping Center parking lot with the exception of two annual auto sales that Point Loma Credit Union is entitled to conduct in the parking lot. If the foregoing agreement is acceptable for you please sign the enclosed copy of this letter and return it to me with November's payment of $1000 made payable to La Jolla Pacific Develop Group. Very truly yours, Sweetwater Square, LLC By La Jolla Pacific Development Group manager ik 5)27, Michael J. McPi Vice President The foregoing is agreed to and accepted this day of October, 2001. Father and Son Auto Sales By: Title: City of National City, California COUNCIL AGENDA STATEMENT ;FETING DATE _ March 12, 2002_ AGENDA ITEM NO. 30 / ITEM_TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT - FATHER & SON'S AUTO SALES - USED VEIIICLE TENT SALE V . Claudia Caro, Permit TecgEPARTMENT Building and Safety This is a request from Father & Son's Auto Sales to conduct a three day used vehicle tent sale on the parking lot at Sweetwater Square Shopping Center located at 3003 Highland Ave, from Friday, April 12- Sunday, April 14, 2002. The hours of the sale are from 9:00 a.m. until 8:00 p.m. They will have D.J. music for entertainment during the event. The event involves the sale of used cars from the Father and Son's car lot in National City. CEnvironmental Review _ 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. Account No. NiA - STAFF RECOMMENDATION \� •CGQ P..y( Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval 2 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Father & Son's Auto Sales EVENT: Used Vehicle Tent Sale DATE OF EVENT: April 12-14, 2002 TIME: 9:00 a.m. until 8:00 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 I NO [ ] SEE CONDITIONS l 1 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 he 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 he 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. 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 mifst be attached to this peJ iit. j� Organization �—��.�`�{'1£l' 16X Person in Charge of Activity 64 /e C-SM Address It cJ/9f ) I J Telephone '1 35=0Date(s) of Use 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 use of puBtio-property or the activity taken under the permit by the pe ee or its agents, a oyees or contractors. ure enupplicant V/Cg- Official Title For Omce Use On)y Date Certificate of Insurance Approved Date 7 Type of Event. Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening Festival Community Event Jthus' 1 ! / .!' Party er w (jam ..cm rv... Event Title: 1'-61.241(.„--- r t�"Ko 2,1-6 ��k�I�J t 2-46 d� Event Location: 7 j T 1 t d)6, f1/ [, ?ud /L.'caO,7c, Event Date(s): Frommyl/O ' to (-Il1'(( or Total Anticipated Attendance: /5 Month/Day/Year ( Participants) Actual Event Hours: ff arr pry) Setup/assembly/construction Date: _ (R j i. ' i8' Start time: 77; / r') Please describe they scope of your setup/assembly work (specific details): ki J i dam `e 143" dL / (:(Z°17L- - Od-ti I /. Dismantle Date: .61 /5/01- Completion lime: 11 1-> a pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. pm to ( —Spectators) Sponsoring Organization: 97ic, _ c k„/ /3 ZA.,1• czC4 S r Profit Not -for -Profit Chief Officer of Organization (Name) CV /Ye(' Applicant (Name): ( c rc /i jz Address: (CO L ✓ - �1� �` f� 7( „a_/t a-/ 6)4, (�l /150 Daytime Phone: ( ) 4-4-4/ 30 Evening Phone: ( ) M L., Fax: 66) y V-pC/W Contact Person "on site' day of the event - r---- �x / ` i !/ 1 Pager/Cellular: 6/ - 9 S -LJ 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? _YES Are admission, entry, vendor or participant fees required? _ YES " NO If YES, please explain the purpose and provide amount(s): $ .3a) ,C O Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ fe/UV Estimated Expenses for this event. $ 'U74 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. Z-(1,20/Cfc24_, c;s__ 4;7111Y1/29-1, X_ 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 NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe 3J G- f _ YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the irection of travel, and provide a written narrative to explain your route. _ YES �NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. +! YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes ,f x NOTE: A separate Fire Department permit is required for tents or canopies. — YES ✓�10 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 Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: _ GAS _ELECTRIC i 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: ,L 6//`, 7 / f Cam, �� � �� � t �G reoc ?,•iyi2 r f/. 3 Please describe your procedures for both Crowd Control and Internal Security:: % . z-f - c - 1(i -G t // j YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: .SiJ/1t n tlt() 1171tA- C a(-1 Security Organization Address: Security Director (Name): Phone: _V YES _ NO Is this a night event? If YES, please state how the event and surrounding area w ilbe illuminated to ensure fetyf the participants and spectators: /ill Please indicate h t arr ngement have mad for pr viding First Aid Staffin and Equipment // A rr1 /6%w// A CV? - Please describe yours Accessibility P n °f acces at you event by indi ' uals with disabilities: /67e /.I' 7�-Gt/((/ /7G YGiC(2 � (Z(Crc f /:h�£ CLS ,1 /CAZ -� y Please rovide a detailed dgscriiption of yo r PARKING plan: AG/ / /1 rf L l Please describe your plan for DISABLED PARKING: t_2�f. C2jetf /OJ /C_ eLf Ce: ''J �_ Please describe your plans to notify all residents, businesses and churches impacted by the event 70 .76 c-f 1,7 -4 - /6_ hie, ^__ NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 1"--CIES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: -e' Type of Music: l C , l C7 i��xc�� f�j i S C YESO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm ES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amrpm Finish Time am/pm Please describe the sound eauipment that will be used for your event _ YES .vlQo Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 4 02/19/2002 15:13 6196929092 UTAH PACIFIC DEVELOP PAGE 02/02 Mike McPhee La Jolla Pacific Development Group 2650 Camino Del Rio North Mission Valley, CA 92108 February 19, 2002 Dear Mr. McPhee, This letter is to outline the dates selected by lather & Son's Auto Sales to hold our off site term sales at your Sweetwater Square location in National City, CA. Please review these dates and sign below to accept. is /7/ March -OF Se, 2002 Apn112th-14tl, 2002 May 10th-12th, 2002 June 7th-9ttb 2002 July 12th-14th, 2002 m .30, i 4 P:4 P La Jolla Pacific Development Group Sincerely, Ariel Crohn Father & Son's Auto Sales 100 W. 30th St. National City, CA 91950 (619) 474-4130 7n 7c t-t_ OI!G (T JW : 1 k 4 ThTRb/br179 9F:9A 7AA7/!.T/72 City of National City, California COUNCIL AGENDA STATEMENT March 12, 2002 MEETING DATE AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS ASSOC.-EASTER EGG I IUNT PREPARED B ;laudia Caro, Permit Tech. L (- • DEPARTMEIIiiiilding and Safety EXPLANATION. This is a request from the Sweetwater Town & Country Merchants Association to conduct an Easter Egg Hunt from 11:00 a.m. to 3:00 p.m. on March 30, 2002. The event will be held on the shopping center parking lot. The Easter egg hunt will begin at 11:30 a.m. The Easter eggs will be hidden in the grass of the parking lot. The free event will also consist of clowns doing face painting, balloons, painting Easter hats, llama rides and an Easter hat contest where the children can win prizes. No food or beverages will be served or sold. There will also be Arts & Crafts vendors. The Association will setup 4 tables for the prizes. They are also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. vironmental Review N/A a is Statement financial Lay as incurred 51 1 1.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF_RECOMM NDATIC) N matte.R-iti dYu.YJ� Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A•2C0 (Rev 9/8]1 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, March 30, 2002 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 11:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. No Fire Department access or connections shall be blocked at any time during the event. 2. If tents or canopies are going to be used they will need a permit issued from the Fire Department. FINANCE (336-4330) I. If vendors will be present on this event, a Business License is required for each participating vendor. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. POLICE (336-4400) 1. Extra patrol by beat officer. Resume SIR ONIA MOW. cda MLL11/n W x'prrA O; 1TLL swop art. .w rt To. TMO'P WOW � u 9PIG0 'taw' w•l`'es". rje r/ „goal1a t,_ razz Joie.0100., tot* loet WA. tpfLLKyAYV +:',4 1-1 0A080e6 %;(07-7,1"-___r-calott\oe.anS E wEETwAtEt 110*0 •, �s•\ C` ! 0 • stTe �I�ilij�ll1,(t 'ntlttl1II'1(Qn 1 rU1 :;rliilt�l,t•U I itlli�a ••. Urk C!i+t1V'!n'i ni.;;llrltli 7 l:II1l1i1.4l,::+ii11(111'� `l ,•�1a 11:1 ".i It r+t c, ,r ETAIE ROUTE b+ 04) .l At/ • Type of Event: _ Public Concert Parade Motion Picture Fair Festival /-,�.Comm�unity Event Grand gOt r & 5 r q l�ty Event Title: -/'1 ,5l(�1C EGG KU n Event Location: SW l 1-f Snoppnci ( e n Month/Day/Year ( Event Date(s): From 3-35-02. to m Total Anticipated Attendance: /7cjParticipants) (/ 0 O Spectators) Actual Event Hours: // W am/pm to 3:0o am/m Setup/assembly/construction Date: 53-,39-62 Start time: /r-A lease describe the scope of your setup/assembly work (specific details): twalte. Dismantle Date: j' 02 Completion lime: 5 .'06 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NA Sponsoring Organization: .,1� � rTJ� 64 6)04y Age* /?✓ /g., �^ / 1*"ot-for-Profit Chief Officer of Organization (Name)%�.�/`� A /�h71�' Applicant (Name): (j (/g 7f,�9-,1 /2�6d-- () / /Jy/��,/) /' Address: /7�o`- )1' / tU/a6, le fVG± /�/[ -L, G99 ,d(, A� `� Daytime Phone: 68 / 74 7i Evening Phone: ( 77 t 1 / S Fax: (� / 0 Contact Person "on site" day of the event: Pager/Cellular. NOTE: THIS PERSON MUST BE IN AT1$IDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CRY. OFFICIALS 1 Are admission, entry, vendor or participant fees required? If YES please e plain the pu and_provide amot{n�(s): Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO YES NO $ ` Estimated Gross Receipts including ticket, product and sponsorship sales from II0 this event. $ (Jnn UDU • Estimated Expenses for this event. $if Jb °° What is the projected amount of revenue that the Nonprofit Organization will e a# a result of ' is event? (VCA- ►' rnk-_C) 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 abaA the event. oak i , u A- !,Jiyyr. „6-( J,QaiyveLA_ h� 2 YES . NO Does the event involve the sale or use of alcoholic beverages? — YES Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES O Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: A Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs V 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 A 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: 2 Desc 'be your plan for clean-up and removal of waste and garbage during and after the event: / Wide .,-4e 1 w: t -tZ J( - Ju doiy(41 3 Please describe (yoour procedures for both Crowd Control and Internal Security: WW1. U)l).. L • _ YES jL NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES 0 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 indie wh tIrarze n nt yqp hay e,,m for providing Aid S Ong and�G�.gyjgml� t. 7 ii--/A) Please describe your Accessibility Plan for access at your event'by individuals with disabilities: 0R. I /f �� - �c a - Please provide a detailed description of your PARKING plan: act �ti Please describe your plan for DISABLED PARKING: p- PI - use describe your plans to notify all residents, businesses and churches impacted by the event: 04- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES O 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: 13IA' Number of Bands: 1/%A— i3It� YES \NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X_.YES NO Any si ns, banners, decorations, special lighting? If YES, please describe: q b '�� 7/Z 6a,e,Ew d . - 6),) �J_CX/`JiAt- Vi-Le.- IrCitv-- .vele- Type of Music: Fireworks, rockets, or other pyrotechnics? If YES, please describe: For Office Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial ANU 51,\C-et,‘i U.. RECEIVED LB 2 ) `,\ IA.TIONAL CITY, CAl...IF 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. ame of the spomAoring organization Type of Organization l_ "L 11)i_ .(i.t (Service Club, Church, Social Sery co Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? ,� ) Yes (Please provide an explanation and details. (" XNo (Please proceed to Que$#ion 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. )( No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. n No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: XNo (P lease sign the form and submit it with the TUP Application) -"Signature �- 19-0)- Date 9 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE March 12, 2002 AGENDA ITEM NO. 32 (-ITEM TITLE PREPARED BY TEMPORARY USE PERMIT -- NATIONAL CITY CHAMBER OF COMMERCE - CIRCUS VARGAS • Claudia Caro, Permit TE.PARTMENT Building and Safety EXPLANATION This is a request from National City Chamber of Commerce to host a circus, provided by Circus Vargas on the lot south of the old wards building in the Plaza Bonita parking lot. The show times are as follows: Tuesday, March 19th (Opening Day) 7:30 p.m. Wednesday, March 2011' 5:00 p.m. and 7:30 p.m. Thursday, March 21'' 5:00 p.m. and 7:30 p.m. Friday, March 22"' 5:00 p.m. and 7:30 p.m. Saturday, March 23`d 2:30 p.m. and 5:00 p.m. and 7:30 p.m. Sunday. March 24°1 12:30 p.m. and 3:00 p.m. and 5:30 p.m. The last shows ends at 9:30 p.m. each day, except Sunday when the last show ends at 7:30 p.m.. Set up begins at 9:00 a.m. Monday, March 18th and continues until 5:00 p.m. on the day the show opens. Tear down begins at 8:00 p.m., Sunday, March 2411' and ends at noon, Monday, March 25"' The applicant is requesting a waiver of fees and of the bond. The applicant and the event qualify for a waiver pursuant to City Council Policy No. 704. ( Environmental Review X N/A Financial Statement Approved, By; The City has incurred $150.00 in costs in processing the T.U.P. application tough tuenars.tttry Departments, $85 in Fire Department fees, and $50 in inspection fees from the Finance Department. In addition, Finance is requesting a S2,500 bond. Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of the $285 in fees and the $2,500 bond. BOARD./ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: Circus Vargas DATE OF EVENT: March 19-24, 2002 APPROVALS: PLANNING YES [ x J NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ xl NO [ ] SEE CONDITIONS [x ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. No Fire Department access shall be blocked at any time in any way. 2. A minimum of seven exists shall he maintained at all times. They shall have a minimum width of 10 feet with no obstructions and they shall be clearly marked. 3. A minimum of 13 2-A:10-B:C extinguishers shall be available for immediate use in the Big Top and an extra 8 extinguishers shall be located every 75 feet outside the Big Top. 4. Aisle widths shall be maintained at a minimum 44 inches. 5. Exits and aisles shall remain unobstructed at all times. 6. Automobiles and other internal combustion engines shall be a minimum of 60 feet away from the Big Top and 30 feet away from all other tents/canopies. 7. No open flames or smoking shall be permitted inside or adjacent to any tent or canopy. 8. Tents and canopies shall be treated with a flame retardant and bear the State Fire Marshal's seal. 9. A permit for the tent/canopy will be required by the Fire Department a minimum of 2 weeks prior to the event. The fee is $85 and the check is to be made payable to the City of National City. 10. There shall be an inspection of the circus grounds prior to any public admittance 11. No smoking signs shall he posted. 12. Exit ways shall be posted and illuminated. 13. Fire hydrants, fire protection equipment and Fire department connections shall not he blocked or obstructed at any time. FINANCE (336-4330) 1. A $2.500 bond is required for the Carnival or Circus. 2. A $50.00 inspection fee is required and a list of all approved vendors is to he provided to the Revenue and Recovery Division of the Finance Department. 3. A Business License is required of all vendors and separate Businesses participating or organizing the event including the Carnival or Circus Contractor. POLICE (336-4400) I. Police Reserves may not be available to work all six nights of the Circus. 2. If Police presence is requested when reserves are not available it will be on an overtime basis at event organizer's expense. 3. Circus Vargas should provide adequate private security as noted. RISK MANAGER (336-4240) 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and Parking Authority of the City of National City, their officials, employees, agents and volunteers as additional insureds on the policy. 3. Execute standard hold harmless with the Parking Authority as well as the City of National City. (The hold harmless agreement submitted only lists the City) (The National City animal control department and the San Diego County Health have been notified) Type of Event _ Public Concert Parade Motion Picture Event Title: Fair _ Demonstration _ Grand Opening Circus Vargas Festival Circus Other _ Community Event _ Block Party Event Location: Plaza Bonita Shopping Center Parking Lot Event Date(s): From 3-19-02 to 3-24-02 Total Anticipated Attendance: Month/Day/Year ( Participants) See_ 4 7t ao ( Spectators) Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: 3-1 8-n9 Start time: 9•nna m Please describe the scope of your setup/assembly work (specific details): Assemble Circus Tent Dismantle Date: 3-24 & 25 Completion Time: 12 Noon am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None Sponsoring Organization: N. C. Chamber of Commerce Chief Officer of Organization (Name) Edith Hughes. CEO Applicant (Name): National City Chamber of Commerce Address: For Profit x Not -for -Profit 711 "A" Avenue - National City, CA 91950-2228 Daytime Phone: (619) 477-9339 Evening Phone: (619) 475-6124 Fax: (619) 477-5018 Contact Person "on site" day of the event: Edith Hughes Pager/Cellular: 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? X YES _ NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): Fund -Raiser for the Chamber of Commerce $ 125,000.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ 12, 000.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 25% pre -sale tickets, 10% Circus tickets sales 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. - Circus acts, pony rides within perimeters of circus layout. YES X 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 X NO Does the event involve the sale or use of alcoholic beverages? X YES — NO Will items or services be sold at the event? If yes, please describe: Circus will sell souvenir items, canned sodas, hot dogs, popcorn and peanuts. _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: 3c- /4tt/ic }f Cll Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES _x 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 Please describe how food will be served at the event: Hot dogs cooked in steamer, everything else is packaged. 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: Circus Vargas will provide trash disposal and clean up at site. 3 Please describe your procedures for both Crowd Control and Internal Security: Circus Vargas will provide security guards. We will also request Police Reserves. _ YES XNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _xYES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: The parking lot lights will be ample. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Circus Vargas will provide Please describe your Accessibility Plan for access at your event by individuals with disabilities: Everything is ground level - seating available for individuals with disabilities. Please provide a detailed description of your PARKING plan: Ample parking at Plaza Bonita near the circus area. Please describe your plan for DISABLED PARKING: Plaza Bonita has ample handicap parking. Please describe your plans to notify all residents, businesses and churches impacted by the event: Businesses within mall will be notified. No rpsidpnrc nn cnnth cidp of tha ("onto, - NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES X 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: Type of Music: YES X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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. Organization National City Chamber of Commerce Person in Charge of Activity Edith Hughes, CEO Address 711 "A" Avenue - National City, CA 91950-2228 Telephone (619) 477-9339 Date(s) of Use Marrh 18th - March 7.5th HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. EGA 6) Signature of Applicant Chief Executive Officer Official Title Date F b. ?, a.Qo For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. x No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. x No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? x Yes (Please provide an explanation and details. Percentage of ticket sales go to National City Chamber of Commerce. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) Signature 6 eAy c.f• -o Date 9 AlIVG A / I - S" ti4NIN\plaza bonita PLAZA BONITA EMPLOYEE PARKING YOU MAY ONLY PARK IN THOSE AREAS SHOWN IN YELLOW 6-4 ENTRANCE Fs wEETNATmaw Exterior �7 coml. 31 •.wV 40' !, PEfIFO MEf1S ENTA NCE �. -� 23' • • Al • Et1TftANCE 1 - 4O'' EXIT , !:, f. • 1 - 23' 6"EXIT �' • , „ }., : . 6 - 10' EXIT9 ` l Igo •Nit• so° - x - lire Extinguiahors' • / _ (7tta1 d 14, ]sated on .1. G .•4't , g � 11sedt1/ 20 - Fire Lane around /I entire IaTour. . (outside Cupola stakes X Hsretie )I • ` MAAOUE£ dolt Awl. .1 SEATING CAPACITY 2414 02/08/2002 17:19 FAX L 1002 February 8, 2002 Kathleen Trees 1243 National City Blvd. National City, CA 91950-4397 Dear Kathleen: Westfield SHOPPING T OWN PLAZA BONITA 3030 Plgza Bonita Food. Suite 2075 National Cty, CA 91950-8007 Telephone 16191267-2850 Facsimile 16191472-5652 Please be advised that the National City Chamber has the permission of Plaza Bonita to apply for a temporary use permit for the use of our parking lot for the Circus Vargas. The circus will be placed in our lot South of the "Old Ward's" Building. If you have any questions, please do not hesitate to call. Sincerely, PLAZ.- BONITA LP s General Manager CK:ar Cc: Edith Hughes ACORD_ CERTIFICATE OF LIABILITYINSURANCE6P Services Pkwy #300 Fax:40.858-452-6004 ' ... . . . .. ID as • DATE (MOONY) NCCHAM1 - 09/24/01 PRODUCER • Wateridge Insurance 10525 Vista Sorrento San Diego CA 92121 Ronald B. Guy PhoneNo, 858-452-2200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Zurich American Ins. Group INSURED National City Chamber of Commerce 711 A Ave National City CA 91950 COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUS/OPS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MIAIDDNY) POLICY EXPIRATION DATE (MIWIDONY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PROT PAS038912516 09/22/01 09/22/02 GENERAL AGGREGATE S 2,000,000 X PRODUCTS - COMP/OP AGG $2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 OWNERS & CONTRACTORS EACH OCCURRENCE S 1, 000, 000 FIRE DAMAGE (Any one lire) S 100,000 MED EXP (Any one person) $5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS . • .,... COMBINED SINGLE LIMIT $ — BODILY INJURY (Per person) S — BODILY INJURY (Per accident) S PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO I AUTO ONLY • EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE $ $ WORKERS EMPLOYERS" THE PARTNERS/EXECUTIVE OFFICERS COMPENSATION AND LIABILITY INCL EXCL TVRVTIfg.114f S ra'• EL EACH ACCIDENT $ PROPRIETOR/ 1 EL DISEASE - POLICY LIMIT S ARE: EL DISEASE - EA EMPLOYEE $ A OTHER Signs Deductible: 1,000 PAS038912516 09/22/01 09/22/02 Loc #3 45,000 Loc #4 40,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS *EXCEPT 10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM. CERTIFICATE HOLDER IS NAMED AS AN ADDTIIONAL INSURED. H.-..::..ANPE41:lloN...:.-H.H...::H....... NATLCI1 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 91950 ACORD25-S(1/95)- ' SHOULD ANY EXPIRATION 30* DAYS;NRITTEN ...-..:'...-H ::.•.. OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Td+IL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY UPOt-i THE COMPANY. IT ENTS OR REPRESENTATIVES. BUT FAILURE OF ANY KIND AUTHORIZED REPRESENTATIVE Ronald B. Guy ij,7aJ . ...:: :.... . ....- : ' -... 7 ACORDCORPO N1988 AGENDA ITEM #33 3/12/02 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MARCH 6, 2002 FROM: RE: MAYOR WATERS COUNCIL AGENDA ITEM — MARCH 12, 2002 Due to the interest that seems to be gathering by members of the Council, as well as in the community, and since opinions have been circulating, I felt that the Mayor should at least make his own recommendation whether all of our opinions agree or not with that decision. If there's a desire to name the building Cesar Chavez Community Center that's fine with me. If there's a desire to name it Martin Luther King/Cesar Chavez Community Center that's fine also. When something this important takes place, and the Mayor knew he was addressing hundreds of people in the community at his State of the City Address to the City , I felt that it was a good way to let them know what is taking place and they would have time to respond positive or negative. The State of the City Address is also televised County -wide which allows those people who are trying to help us make a decision in San Diego aware that we don't need outside help to make such a decision. We can handle it ourselves in our community. But whatever the majority wants is fine with me. © Recycled Pap. r AGENDA ITEM ##34 3/12/02 San Diego -Imperial Counties Labor Council AFL-CIO 2/27/2002 George Eisen, City Attorney City of National City 1243 National City Blvd.. National City, CA 91950 Placed on the agenda at the request of Councilman Beauchamp ZiC x,. s�. RE: Metropolitan Water District of Southern California v. Superior Court gill) f California Supreme Court Case No. S 102371 Dear City Attorney Eisen, I am writing this letter on behalf of the San Diego Central Labor Council to urge you to reconsider the City's position in the case of Metropolitan Water District of Southern California v. Superior Court (Cargill). Your City joined various local governments to file an Amici brief on behalf of the Metropolitan Water District in the California Court of Appeal. Major cities such as Los Angeles, Sacramento, San Francisco and San Jose did not however sign onto this brief. On January 23`d the California Supreme Court granted review of the Court of Appeal decision last fall which found that the Metropolitan Water District (MWD) of Southern California illegally excluded common law workers from participating in the California Public Employees Retirement System (CALPERS). The facts of the case involve a decision by the MWD to go outside of the civil service process to hire a significant number of long-term, permanent employees to perform core work for the agency. After being hired by MWD, these employees were directed by MWD to sign up for payroll services through a commercial staffing firm. The employees were clearly MWD "common law" employees —they were hired, trained and supervised by MWD. Their only connection with the staffing agencies was to receive their paychecks. Like many other public and private employers, MWD set up this system as a "subterfuge" to avoid paying full benefits to the affected workers by pretending the workers were the employees of the payrolling agencies The decision by Superior Court Judge Charles McCoy, which was upheld by the Court of Appeal, concluded that under state law, common law employees of a local government must be included in PERS. Supporting MWD, the providers contended that even if the workers were MWD common law employees, the employees were ineligible for CALPERS because they were "co -employees" of the staffing agencies. JERRY BtrnciEwicz, Secretary -Treasurer DAVE MoORE, President 3717 Camino del Rio South • San Diego, CA 92105 • (619) 283-5411 • Fax (619) 283-2782 ,k3N8OLIV Ai "Undoubtedly, MWD `employed' the workers under the common law control test. Likewise, the providers did not `employ' the workers under that test, but acted as a payroll service for MWD," said the decision. In the Aniicus brief on behalf of MWD, local governments claim that they "lawfully" contract out services just like MWD. The Court of Appeal however responded that in contrast to real "contracting out," where a government agency contracts for a service without specifying how the contractor does it, MWD exercised total control over each worker. The upcoming Supreme Court decision may well have a long-term impact on the efforts of some local governments to circumvent state laws that require them to provide equal pay and benefits to employees doing the same work. We believe that to support MWD is to essentially give "carte blanche" ability for public entities to use subterfuges to avoid paying full benefits to workers. The case also raises an important question of fiscal accountability to elected officials and the public. The use of payrolling agencies keeps some employees "off -budget" by paying them through vendors. This reduces the number of apparent full time equivalents (FTE) positions shown in budgets, and keeps elected officials, such as City Council members, in the dark on the real employment levels. We hope that the Office of the City Attorney would re -consider your position in this case. If the City is to continue its involvement in this case, we recommend that the City file an amicus brief on behalf of the plaintiff/employees, to ensure that employees of local governments are adequately protected against schemes that attempt to circumvent civil service protections and provide benefits to its employees. Thank you for your attention to this matter. We will call you to discuss the matter with you. In the meantime, I may be reached at the 619-283-5411 x224. Donald Cohen San Diego -Imperial Counties Labor Council cc: Members of the City Council O�NDED )g. F Larger et (elifrreia Cities v r'Nc TORE, Better Cities —A Better Life CITY ATTORNEY League of California Cities 02 FEB -8 PH 1 : 31 ECEIVED Cif v OF NATIONAL CITY 1400 K Street Sacramento, CA 95814 916.658.8200 FAX 916.658.8240 www.cacities.org Legal Advocacy Committee Report February 2002 TIME SENSITIVE MATERIALS -- PLEASE REVIEW AND RESPOND IMMEDIATELY Contents CASES IN WHICH CITIES ARE URGED TO JOIN AN AMICUS BRIEF Write -Ins in a Run-off Election Edelstein v. Fado 4 Allowing Recovery for Business Losses from Eminent Domain Action City of Carlsbad v. Baker 5 Temporary Employees Demanding Retirement Benefits Metropolitan Water District v. Superior Court (Cargill) ,7 Extra Property Taxes for Employee Retirement Howard Jarvis Taxpayers Association v. City of Huntington Beach 6 Local Tow Truck Ordinances Trumped Ours Garage and Wrecker Service v. City of Columbus 7 Punitive Damages Awards Against Public Entities Gorman v. Easley 8 Getting Socked with Attorneys' Fees Charter Communications v. County of Santa Cruz 8 Temporary Employees Demanding Retirement Benefits Metropolitan Water District v. Superior Court (Cargill), 92 Cal. App. 4th 1112, 112 Cal. Rptr. 2d 732 (2d Dist. Oct. 16, 2001), rev. granted (Jan. 23, 2002). Case Summary The issue in this case is whether a water district's temporary employees may be classified as "common law employees" for PERS enrollment purposes. The employees joined in a class action suit to be retroactively classified as "common law employees," arguing that the water district controlled their manner and means of production. The district contends that the employees do not fit the statutory definition of employee under the PERS law. The trial court ruled temporary employees should be enrolled in Ca1PERS. The water district petitioned for a writ of mandate on this issue to the court of appeal. The court of appeal found for the employees. The California Supreme Court has granted review. Legal Advocacy Committee Report - February 2002 Case Status The League supported review and is coordinating a friend -of -the -court brief since the court has granted review. Please contact the brief writers by April 15, 2002 about joining the brief. Brief and Letter Writers Terry Roemer and Art Hartinger Meyers, Nave, Riback, Silver & Wilson 777 Davis Street, Suite 300 San Leandro, CA 94577 510/351-4300 Fax: 510/351-4481 E-mail: troemer@meyersnave.com ahartinger©meyersnave.com r`ITY ATTOt* EY 0 f t31I FAR�U15iT FOR AMICUS CURIAE PARTICIPATION t3kt EcEIVg4trgill v. Metropolitan Water District Cf� v OF N>;[I+ig1Ah 4TaCs Superior Court No. BC 191 881 Amicus Curiae Effort Coordinated by the League of California Cities TO: INTERESTED PUBLIC AGENCIES I write to invite your agency to join other California agencies in supporting our amicus curiae effort on behalf of the Metropolitan Water District (MWD) in the above - referenced matter. If you wish to participate, it is urgent that you fill out and return the enclosed consent form as soon as possible. Please fax the form back to Art Hartinger at (510) 351-4481. Because -time is of the essence, feel free to e-mail your consent, and we will follow up if any details are missing. Please e-mail: aah@meyersnave.com. This case involves a challenge by temporary employees, engaged by MWD through a personnel services agency, who claim they are °common law employees" and therefore must be enrolled in the Public Employees Retirement System (PERS). Last month, the trial court issued an opinion, stating: "MWD is mandated by the Public Employees' Retirement Law to enroll all common law employees in CaIPERS." The trial court also recognized that the issue was "one of first impression having continuing public interest and concern." The trial court urged the court of appeal to review the issue by extraordinary mandamus. Again, MWD will be filing its appellate brief shortly, and we will be filing a supporting amicus curiae brief, coordinated through the League of California Cities, on behalf of various public agencies. This case could have a significant fiscal impact on agencies who use temporary or other personnel contracting agencies, or who otherwise have temporary employees.: The Cargill ruling, if it stands, will force public agencies to enroll all such employees in PERS simply if they meet the definition of employee under a "common law" standard. The "common law" standard for employment is a generalized and somewhat ambigubus test which considers the "totality of circumstances." We will be arguing that this test is inappropriate and unworkable. If you would like more information about this matter, please contact me at aah@meyersnave.com, or Terry Roemer at tr@meyersnave.com. Please also feel free to contact me or Terry direct, at 510-351-4300. Thank you. Arthur A. Hartinger Meyers, Nave, Riback, Silver & Wilson City of National City AGENDA ITEM #35 3/12/02 Placed on the agenda at Office of the City Council the request of Vice Mayor 1243 National City Boulevard, National City, CAliMela andduCCouncilman NICK INZUNZA • Vice Mayor (619) 336-4231 DATE: March 7, 2002 TO: Mayor and City Councilmembers FROM: Mick Inzunza, Vice Mayor & Mitch Beauchamp, Councilmember SUBJECT: Cesar Chavez and Martin Luther King I would like to have the National City Community Center renamed to the Cesar Chavez Center in honor of Cesar Chavez. Also for consideration of a name change would be the old National City Library to the Martin Luther King Center. I also propose that we close city hall on Cesar Chavez Day and Martin Luther King Day. This does not affect employee work schedules, it would be business as usual for the employees, we would simply closed to the public. NI:cho ® Recycled Paper