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HomeMy WebLinkAbout2002 06-04 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - JUNE 4, 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 CITY MANAGER, TOM G. MCCABE INVOCATION APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF MAY 14, 2002 AND SPECIAL MEETING OF MAY 21, 2002 AND REGULAR MEETING OF MAY 21, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 6/4/02 PAGE 2 PRESENTATION Representation of National City on San Diego County Water Authority Board PROCLAMATION Proclaiming June 9 - 15, 2002, to be: "MUNICIPAL ATTORNEYS' WEEK" INTERVIEWS/APPOINTMENTS Traffic Safety Committee - Appointment PUBLIC HEARINGS 1. Public Hearing — Amendment to the Combined General Plan/Zoning Map from CT and CT-PD to CG-PD for the area west of National City Boulevard, east of Roosevelt Avenue and north of 7th Street. (Applicant: Community Development Commission) (Case File Nos.: GP-2002-1/ZC-2002-1/IS-2002-2) (Planning) 2. Public Hearing — 2001-2002 Weed Abatement Public Hearing. (Fire) **Refer to Item No. 1 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. 2002-77 A Resolution of the City Council of the City of National City approving Change Order No. 1, accepting the work and authorizing the filing of a Notice of Completion for the "A" Avenue Realignment Project. (Engineering Specification No. 01-1) (Engineering) COUNCIL AGENDA 6/4/02 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2002-78 A Resolution of the City Council of the City of National City approving the final parcel map for Sheryl Lane, north of 16th Street and accepting a dedication of property for public right-of-way purposes. (Engineering) 5. Resolution No. 2002-79 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a service agreement renewal with Day Wireless Systems for maintenance of the Police Department's 800 MHz Communication System. (Police) 6. Resolution No. 2002-80 A Resolution of the City Council of the City of National City authorizing examination of sales and use tax records. (Finance) 7. Resolution No. 2002-81 A Resolution of the City Council of the City of National City authorizing the appropriation of $3,154.14 in FY 2001/2002 Local Law Enforcement Block Grant funds for the purchase of Police Department equipment. (Police) 8. WARRANT REGISTER NO. 47 (Finance) Ratification of Demands in the amount of $355,699.86. 9. WARRANT REGISTER NO. 48 (Finance) Ratification of Demands in the amount of $2,193,897.90. COUNCIL AGENDA 6/4/02 PAGE 4 CONSENT CALENDAR (Cont.) 10. Claim for Damages: Ismahan Farrah (City Clerk) NON CONSENT RESOLUTIONS 11. Resolution No. 2002-82 A Resolution of the City Council of the City of National City confirming assessment of costs of weed abatement for FY 2001-2002. (Fire) **Refer to Item No. 2 12. Resolution No. 2002-83 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a church at 3142 Plaza Boulevard, Suites F through H near True Value Hardware. Applicant: Ablaze for Jesus Ministries. (Case File No. CUP-2002- 1) (Planning) ORDINANCES FOR INTRODUCTION 13. An Ordinance of the City Council of the City of National City amending Title 1 of the National City Municipal Code by amending Section 1.36.020 pertaining to the abatement of public nuisances. (City Attorney) 14. An Ordinance by the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.68 pertaining to firearms. (City Attorney) 15. An Ordinance of the City Council of the City of National City amending Section 10.54.010 of the National City Municipal Code pertaining to graffiti control. (City Attorney) COUNCIL AGENDA 6/4/02 PAGE 5 ORDINANCE FOR ADOPTION 16. An Ordinance of the City Council of the City of National City amending Section 15.12.010 of the National City Municipal Code pertaining to the moving of structures. (City Attorney) OLD BUSINESS 17. Request to consider waiver of custodial fees for the California Conservation Corps use of the Community Center. (Public Works) NEW BUSINESS 18. Refuse rate adjustment for Fiscal Year 2003. (Public Works) 19. Request to use the Community Center by the National City Chamber of Commerce and waiver of fees. (Public Works) 20. Notice of Decision — Conditional Use Permit for a thrift store in the National City Plaza Shopping Center at 10 N. Euclid Avenue. (Applicant: John R. Suderman for San Diego Rescue Mission) (Case File No.: CUP-2002-9). (Planning) 21. Notice of Decision — Planned Development Permit for an additional residence behind 1845 B Avenue with a variance to allow less than required parking (Applicant: Gary and Dorothy Dickey) (Case File No. PD-2002-I/Z-2002-2) (Planning) 22. Temporary Use Permit — Chicano Federation -Child, Parent, Provider Resource Fair. (Building & Safety) 23. Year End Single Audit Report and Report to Management for Fiscal Year Ended June 30, 2001. (Finance) COUNCIL AGENDA 6/4/02 PAGE 6 NEW BUSINESS (Cont.) --> CITY MANAGER -> CITY ATTORNEY -* OTHER STAFF -* MAYOR -> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Legal Counsel -Existing Litigation -Government Code Section 54956.9 (a) 1) Government Employees' Insurance Company v. City of National City, et al, SDSC Case No. IS 9588 2) Claim of Balboa Life and Casualty COUNCIL AGENDA 6/4/02 PAGE 7 NEW BUSINESS (Cont.) ADJOURNMENT Adjourned Regular Meeting — City Council Finance Committee - June 11, 2002 - 1:30 p.m. — Large Conference Room, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE TO: FROM: DATE: RE: FOLEY:LARDNER ATTORNEYS AT LAW 402 W. BROADWAY, SUITE 2300 SAN DIEGO, CALIFORNIA 92101-3542 TELEPHONE: 619.234.6655 FACSIMILE: 619.234.3510 W W W. FOLEYLARDNER.COM MEMORANDUM George Eiser City Attorney City of National City RNEY 02 MAY 28 PM 1 48 ED C11 v OF NATIONAL CITY CLIENT -MATTER NUMBER 038531-0100 Gregory V. Mos 1 Counsel May 24, 2002 Representation of National City on San Diego County Water Authority Board As a member agency, National City is entitled to appoint a director to represent it on the board of the San Diego County Water Authority. Currently, that representative is appointed by the Mayor of National City, as the chief executive officer of the city. In the opinion of General Counsel of the Authority, the representative may not be a council member, based upon the doctrine of incompatibility of offices. You have asked us to recommend alternatives which would allow a National City council member to serve on the board. This memorandum describes the rationale for the current restriction, and outlines several alternatives for removing that restriction. Based upon our review of legal, logistical and political considerations, we recommend seeking amendment of the County Water Authority Act. This memorandum explains why we believe this is the best approach, and proposes two possible amendments. Background The San Diego County Water Authority ("SDCWA") is a special act agency organized under the County Water Authority Act. (West's Water Code, Appendix 45.) Members of its governing board hold public office subject to the common law prohibition on holding "incompatible" public offices. 76 Ops. Cal. Atty. Gen. 81, 83 (1993)(special act district). Under that doctrine, a person may not hold simultaneously two public offices if the performance of the duties of either office could have an adverse effect on the other. Offices are incompatible if the holder "cannot in every instance discharge the duties of each." People ex rel FOLEY & LARDNER 017.196243.1 FOLEY:LARDNER Chapman v. Rapsey (1940) 16 Cal. 2d 636, 641. When offices are found to be incompatible, the dual officeholder forfeits the first of the offices accepted. This is not automatic. Generally, removing an officeholder requires a quo warranto action approved by the Attorney General. Pointing to potential conflicts between a water agency and a city in the areas of eminent domain, drought emergency, and contract, the Attorney General has found simultaneously serving as director of a water district and as a city council member to be incompatible. 73 Ops. Cal. Atty. Gen. 10 (1992). Holding offices in overlapping water agencies is likewise impermissible. 76 Ops. Cal. Atty. Gen. 81 (1993). The Legislature may and has expressly allowed dual office holding in certain situations. For example, the board of a joint powers authority (such as the Sweetwater Authority) may consist of the members of the governing bodies of the constituent agencies. The Attorney General has concluded that part of the Joint Exercise of Powers Act (specifically Government Code section 6508) waives incompatibility for such officers. 78 Ops. Cal. Atty. Gen. 60 (1995). Another example of legislative waiver is section 6(b) of the County Water Authority Act, which provides, in part: "The board of directors shall consist of at least one representative from each public agency, the area of which is within the authority. The representatives shall be designated and appointed by the chief executive officers of those public agencies, respectively, with the consent and approval of the legislative bodies of the public agencies, respectively. Any member of the governing body of a member agency that is a water district may be appointed by that member agency to the board of the authority to serve as the agency's representative .... Any director holding dual offices shall not vote upon any contract between a county water authority and the member public agency he or she represents on the authority's board. The term "water district," as used in this subdivision, has the same meaning as in subdivision (a) of Section 10." This section has the effect of permitting SDCWA directors to also serve on the board of a "water district" which is a member of the authority. Subdivision (a) of section 10 of the Act defines a "water district" as: "any municipal water district, municipal utility district, public utility district, county water district, irrigation district, or any other public corporation or agency of the State of California of similar character."• These provisions, operating together, mean that any public agency member of SDCWA which is organized as a water agency may appoint directors to represent the agency at 2 017.196243.1 FOLEY:LARDNER the Authority. However, cities may not appoint city council members, qua city council members, because there is no legislative waiver of the incompatibility of office doctrine. In the two instances where city council members currently serve on the SDCWA board they do so as water district directors. In neither instance is the city the member of the Authority. The Carlsbad Municipal Water District may send one of its directors (who are, ex officio Carlsbad city council members) as a result of the waiver provided by Section 6(b). Similarly, the San Dieguito Water District is represented by one of its directors who also serves on the Encinitas city council. As we understand it, none of the six cities which are members of the Authority are currently represented by city council members.' In examining alternatives for obtaining for National City the right to appoint a city council member to the SDCWA board we first note that National City's situation is unique among SDCWA member agencies, in that water service in the city is provided through the Sweetwater Authority, established through a joint powers agreement with the South Bay Irrigation District. Alternatives Available From time to time the SDCWA has considered allowing cities to be represented by council members. However, concerns that the City of San Diego's already significant influence at SDCWA would be increased have ended those debates. Any solution will need to address both the "incompatibility" problems and the perceived need to maintain the status quo as to the manner in which San Diego is represented. With these facts in mind, we have evaluated alternatives, and recommend that National City consider pursuit of one of the following: 1. Amend the County Water Authority Act to provide that the National City representatives on the Sweetwater Authority would be considered to be serving a `water district" for the purposes of section 6(b) of the Act. This kind of amendment would be self-limiting, in that no other city is similarly situated. It would put National City in a position similar to that of Carlsbad and Encinitas, in that the council member would be serving on SDCWA by virtue of their service on the board of another agency. Like other member agencies, the Sweetwater Authority operates as an irrigation district. Under this approach, membership on the SDCWA board could continue., to be selected in the same manner as at present: the mayor would appoint subject to confirmation by the city council, as required by the joint powers agreement establishing the Sweetwater Authority. 2. Amend the County Water Authority Act to provide that National City, by virtue of being a constituent member of the Sweetwater Authority, would be considered a `water district" for the purposes of section 6(b) of the Act. I They are: Del Mar, Escondido, National City, Oceanside, Poway, and San Diego. 3 017.196243.1 FOLEY:LARDNER As in the first option, the amendment would not apply to any other city, and would treat National City like other cities in which water service is provided through a water district. Membership on the SDCWA board would not, however, require service on the Sweetwater Authority board. In addition, the legislation could allow the city manager to appoint the SDCWA representative as the city's "chief executive officer," subject to the confirmation of the council. 3. Form a subsidiary water district which would become the member of the San Diego County Water Authority in lieu of National City itself. This option is the most complex, potentially expensive and difficult.. First, although National City could initiate proceedings to establish, for example, a county water district to serve the city, formation would require a study by LAFCO, hearings, and ultimately approval of the Local Agency Formation Commission. Historically, LAFCO has endeavored to reduce the number of local agencies in urban areas. The Legislature has declared in the law establishing LAFCOs that, "a single multipurpose government agency is accountable for community service needs and financial resources and, therefore, may be the best mechanism for establishing community service priorities especially in urban areas." Gov. Code section 56001. Consequently, LAFCO will likely be skeptical of the need for a new agency. The city will need to develop a sound rationale for separating the provision of water services from other city services. LAFCO proceedings take months to complete, in the best of circumstances. In the event of any opposition to formation of the district, formation could take a year or more, and voter approval may be required. Second, if the new water agency were to assume responsibility for the provision of water in the city, the agreement with South Bay Irrigation District establishing the Sweetwater Authority would need to be addressed in some fashion to allow the new water district to supplant the city. This would likely require negotiating an amendment with SBID. For example, the Sweetwater Authority agreement expressly provides that National City must remain a member of the SDCWA during its term. It also limits National City's rights to terminate the agreement as long as bonds remain outstanding.. It is also possible that consent of the bondholders would be required, to the extent the bonds were issued based on the city's participation in Sweetwater Authority. Third, the SDCWA would have to approve such a change. The process prescribed for a district wholly located within the boundaries of a member agency to join the Authority gives the board of directors of the Authority the right to "grant or deny" such an application, and fix terms and conditions for its approval. (Act, Section 10.3.) It is also possible that the County Water Authority Act would need to be amended. Section 6(h) of the Act includes a specific list of member agencies for the purposes of determining voting rights. This could be seen as a procedural section only, which would not need to be amended. In any event, the Authority's support would be required for a new water district to join it. At this point, we have not described the steps required for formation of a subsidiary district, amendment of the Sweetwater Authority JPA, or possible terms and conditions for admission to the Authority in great detail. We believe the simplest, quickest 4 017.196243.1 FOLEY:LARDNER potential solution is a narrowly -drafted amendment to the County Water Authority Act which simply puts National City in a similar position to Carlsbad and Encinitas. Although many approaches could be taken, the first and second options described above are recommended as having the greatest likelihood of gaining support of the affected parties. If the Authority and South Bay Irrigation District support the change, an amendment to the County Water Authority Act might be included in one of the Omnibus Local Government bills in this legislative session, and take effect January 1, 2003. To proceed, we would recommend reviewing and selecting one of the following alternatives, and then seeking support from the affected parties. Option 1. Add the following provision to the County Water Authority Act: "For the purposes of Subdivision (b) of section 6, the directors appointed by a city to the governing body of a joint powers authority composed solely of member agencies of the authority, which exercises the powers of an irrigation district, shall be considered members of the governing body of a water district." This amendment would permit National City's representatives to the board of the Sweetwater Authority to serve on the board of SDCWA. Option 2. Add the following provision to the County Water Authority Act: "For the purposes of subdivision (b) of section 6, a water district shall include any public agency which is a member of a joint powers authority composed solely of member agencies of the authority, which exercises the powers of an irrigation district. For the purposes of this section, the chief executive officer, as used in subdivision (b) of section 6, shall be the holder of the office designated by formal action of the governing body of the public agency." We look forward to discussing this analysis with you. Please contact me if we can answer any questions, or if there are other alternatives you would like us to analyze. 5 017.196243.1 WHEREAS, WHEREAS, WHEREAS, i ti of Nation it aiii 1rItnrtamatiLfl1 Municipal Attorneys have historically played a vital part in local governments throughout the world; and Municipal Attorneys are ever mindful of and dedicated to their responsibilities to the governments they represent, as well as to the citizens served by those governments; and Municipal Attorneys provide invaluable professional service to City Councils and Staff; and Municipal Attorneys diligently strive to perfect the quality of their legal service and of their profession, through educational programs, seminars, and meetings of their professional organizations; and It is most appropriate that we recognize the importance of the Office of the Municipal Attorney. NOW THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim June 9 —15, 2002, to be: "MUNICIPAL ATTORNEYS' WEEK" in National City and encourage our residents to applaud and acknowledge the accomplishments of Municipal Attorneys. We extend our sincere appreciation to our own Attorney, George H. Eiser, III, and his Assistant, Rudy Hradecky for their commitment to providing exemplary service to the City of National City. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City be affixed this 4th day of June 2002. GEORGE H. WATERS Mayor Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor MAY 23, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: TRAFFIC SAFETY COMMITTEE We have one vacancy on the Traffic Safety. Mr. Dale Bennett has been interviewed by the City Council and would like to be considered for appointment. If there are no objections, I recommend we appoint Mr. Bennett to the Traffic Safety Committee for a term ending on December 31, 2004. This item will be placed on the Council Agenda for the meeting of Tuesday June 4, 2002. GEGEORC H WATERS MAYOR GHW:nu ® Recycled Paper June 4, 2002 �s9EETING DATE City of National City, Cali*or¢iia COUNCIL AGENDA STATEMENT AGENDA IDEA 1 ITEM TITLE PUBLIC HEARING — AMENDMENT TO THE COMBINED GENERAL PLAN/ZONING MAP FROM CT AND CT-PD TO CG-PD FOR THE AREA WEST OF NATIONAL CITY BOULEVARD, EAST OF ROOSEVELT AVENUE AND NORTH OF 7TH STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) CASE FILE NOS.: GP-2002-1/ZC-2002-1/IS-2002-2) PREPARED By Andrew Hoskinso DEPARTMENT Planning EXPLANATION The Planning Commission considered the requested amendment at a public hearing on May 20, 2002. The attached background report describes the item in detail. f Envi onmental Reuievir Financial State ent N/A STAFF RECOMMENDATION Staff concurs with the Planning NIA Negative Declaration �rission's recommendation. Account 4 BOARDS f COMMISSION RECOMMENDATION The Planning Commission recommends approval of the General Plan Amendment and Zone Change. Vote: Ayes- Valderrama, Flores, Graham, Parra, Baca, Ungab Absent - Reynolds ATTACHMENTS ( Listed BelowResonorLR 1. Background Report 4. Use Group -Zone Matrix rte Pnotographs" 2. Recommended Findings 5. Letter from Keith's Restaurant 8. Application 3. Location Map 6. Proposed Negative Declaration and IS-2002-2 A-200 (9/80) BACKGROUND REPORT The amendment area is located between National City Boulevard and Roosevelt Avenue north of 7th Street. The area is zoned Commercial Tourist -Planned Development (CT-PD) from 7th Street north to 5th Street, and Commercial Tourist (CT) from 5"' Street north. Since the area is below the grade of the freeway, it is highly visible from the northbound lanes of Interstate 5. The area is developed with a few motels, Keith's Restaurant and strip commercial buildings with little off-street parking. There are a number of existing uses in the area that are lawful non -conforming under the CT zone designation. Nearby uses include Interstate 5 to the west, automobile sales, repair businesses, and other commercial development to the east in the Commercial Medium (CM) zone, and the Holiday Inn to the south in the Commercial General -Planned Development (CG-PD) zone. The impetus for the amendment of the Combined General Plan / Zoning Map from CT and CT-PD to CG- PD comes from the Community Development Commission's (CDC) desire to revitalize the area, and make it easier for buildings that are now vacant to be put back into use. CDC board voted to pursue the amendment November 6, 2001. The CG zone allows all the same uses as the CT zone as well as additional retail uses, such as furniture and clothing stores, bakeries, delis and jewelry stores to name a few. There is no new construction proposed as part of the proposal. The General Plan prioritizes the reuse of existing buildings, and the revitalization of older shopping areas as community oriented business districts. By increasing the variety of uses allowed in the area, the amendment would likely result in use of currently unoccupied buildings. The area is consistent with the General Plan description of the CG zone, which calls for high intensity commercial activity along major arterial streets. Also, the change will make a number of existing lawful non -conforming uses, conforming; thus, allowing them to be continued in the same location indefinitely. The General Plan specifically calls for a market study of the area, and then consideration of rezoning it from CT to CG. CDC had a limited market assessment of the area prepared in 1999. The study indicated a low demand for motels and motel services, and moderate demand for other retail businesses, including typical CG uses. The proposed amendment will not have a significant effect on the environment as noted in the attached Negative Declaration (ND) and Initial Study. The lack of available developable land in the area is a major impediment to any significant change of character in the area. Additionally, any potential housing or shopping center developments would require future discretionary approval if the land could be assembled. Planning Commission heard testimony in support of the General Plan Amendment from a member of the public, who stated that the zone change would be a step in revitalizing the area. Additionally, the Commissioner's reviewed the attached letter of support from the owner of Keith's Restaurant, and voted to recommend approval of the General Plan Amendment based on the attached findings. RECOMMENDED FINDINGS 1. That the proposed amendment is in the public interest, since it will allow a greater variety of businesses in an area that is designed to function well as a commercial corridor, and since it will enable desirable retail businesses to reoccupy existing vacant buildings. 2. That the proposed Zone Change is consistent with and necessary to implement the General Plan, since the General Plan encourages high intensity commercial and complementary development along major roadways, and since the General Plan encourages the revitalization of existing shopping areas and the reuse of existing buildings. 3. Find that the project will not have a significant effect on the environment and adopt the proposed negative declaration. PROJECT LOCATION ZONE BOUNDARY " '•' CITY BOUNDARY LOCATION M A P 02/26/02 INITIAL North of 7th St. between National City Blvd. and Roosevelt Ave. GP-2002-1 HEARING: 03/04/02 NATIONAL CITY PLANNING NATIONAL CITY LAND USt (.7 it, UJC hrcuur - Lv i'i rvfr, f rNfn INST. See Chap. 18.32 COMMERCIAL See Chaster 18.16 h.uUSTRIAL See Chapter 18.18 RESIDENTIAL See Chaster 18.14 ��' p w , I- w 0 o_ ' 0 I 2 D O 2 u41 x H G= z t- Q Q~ z m a 2 F I J D 0w g z U) z w a LEGEND X=Permitted C=Conditional -= Prohibited } rG ¢ w z in } Q w z rn g < J ¢ u_ a P 2 J Q u_ _1 a P 2 '- Q w ILI a P 2 a w g 0 w m O 2 U U _' O 0 co z ¢ fY a- ¢ z 0 P p co z w > 0 e is ¢ USE GROUPS Reference Subsection r 6 N K F— 0' 1— 2 N K c ° K I K 0 Q U` ° o U U- U 2 0 I 0 J 2 Gc S ♦— Area Wide Permitted Uses 18.104.050 X X X X X X X X X X X C X X X X X X X X C '' CCCCC C C . Wide Conditional Uses 18.104.060 CCCCCCCCCC - - - - - _ - - rea Animal Husband 18.104.070 C - - - - - - X X X X 4 Automotive & Allied Services 18.104.080 - - - - - - - - - X C 18.104.090 - - - - - - - - - - 5 Amusement & Entertainment Recreation - Indoor 18.104.100 - - - - - - C - - C C - - C - - _ - 6 7 Commercial Commercial Recreation - Outdoor 18.104.110 - - - - - - - C C - vt 4 - C .1 C -. - _ - Cultural & Public Rec. Services 18.104.120 - - - - - - - X X - : - - - 8 9 Communit , Dwellin• - Sin le Famil 18.104.130 X X X X X X X - - - X C - - 4= X - 10 Dwellin• - Two Famil 18.104.140 - - X X X X C - - - C - - _ - - - 11 Dwellin• - Multi le Famil 18.104.150 - - - X X X - - - - - 12 Dwellin! - Mobile Home 18.104.160 - - - - - - C - - - " X X_ X X X X C_ C __ X 13 Eatin • Places - Other than Take -Out 18.104.1701 - - - - - - - - - _` - X X X X - X 14 Eatins PI- r -1 i --T r /1ri - T-. • t 18.104.180 - - - - - - - - - - -C X Processin. 18.104.190 - - - - - - - 15 16 Food Gasoline Service Stations 18.104.200 - - - - -X - -- - Cq C C C C - - _ - 17 Goods and Services - Convenience 18.104.210 - - - - - - - - - - 18 Goods and Services- Shoo •ins 18.104.220 - - - - - - - - - - X X X - - - 19 Goods and Services - Other 18.104.230 - - - - - - X X X X - C Equipment and Machinery 18.104.240 - - - - - - - - ',Hotel, 2 �� Heavy Motel, and Related Services 18.104.250 _,� X X X X X X X - C Li•htManufacturin• 18.104.260 - - - - - - - - - - � - - - X - C Medium Manufacturin• 18.104.270 - - - - - - - - - - 23 24 Heav Manufacturing 18.104.280 - - - - - - - - - - - X 25 Manufacturing -Tidelands 18.104.290 - - - - - - - - - 26 Mineral Resource Extraction & Processin• 18.104.300 - - - - - - - © X X - - - - 27 Offices and Studios 18.104.310 - - - - - - - X X X X 28 Off -Street Parking 18.104.320 - - - - - - - - - - X X X X X X 29 Public Protection Facilities 18.104.330 CCCCCCCCC - C X X X X X 30 Public Utilities 18.104.340 - - - - - - - C C - C C X X X X X 18.104.350 - - - - - - - - - - - - 31 32 Research and Develo•ment Sara. Metal Processing 18.104.360 - - - - - - - - - - X X X X X X X Si Outdoor Advertising 18.104.370 X X X X X X X X X X X X 33 35 • ns and Wholesalin., Warehousin• & Distribution 18.104.390 - - - - - - - - - - X X X X - X - 36 Truck Trans•ortation Facilities 18.104.400 - - - - - - - - Waterfront 18.104.410 - - - - - - - - - - 37 FROM : KEITH'S FAX NO. : 6194771959 May. 17 2002 11:51AM P1 214 National City Blvd National City, CA (619) 477-4358 Since + 6 1940 May 16, 2002 National City Council & Planning Commission 1243 National City Boulevard National City, CA. 91950 9449 Kearny Mesa Rd. San Diego, CA (619) 271-4670 RE: The upcoming General Plan Amendment/Zone Change from CT to General Commercial CG. From 7th Street North to Main Street between National City Boulevard and Roosevelt Avenue. As a business owner of Keith's Restaurant, which resides in the affected area I would like to express my approval of this zone change. I strongly recommend that the Planning Commission and the City Council Members approve this amendment Any efforts that the city of National City can make to bring in new business to this area are appreciated. Our easy access to the freeway and proximity of San Diego should be giving us excellent business exposure, but the area needs a face-lift. The Heilig Meyer building has been vacant for too long, and does have the overall effect of depressing the existing area businesses. It is good to know that the San Diego Leather Jacket Factory will be purchasing it and bringing more retail business to my neighborhood. ?le Mario J., Owner City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: Amendment of the Combined General Plan / Zoning Map from CT-PD and CT to CG-PD (Case File Nos.: IS-2002-2, GP-2002-1, ZC-2002-1) Applicant: Community Development Commission of National City 140 E. 12th Street, Ste. B National City, CA 91950 Address of Project: Area west of National City Boulevard and east of Roosevelt Avenue, and north of 7th Street and south of Main Street Project Discussion The proposed change to the Combined General Plan / Zone Map will have no significant effects on the environment, since the project area is fully urbanized and is of no value as habitat. The attached Initial Study identifies five areas of potential, non -significant impacts. The increase to traffic will be inconsequential and will result in no significant impacts to traffic flow or air quality. Additionally, since the project will primarily allow a number of existing commercial uses that are currently lawful non -conforming to continue indefinitely, rather than introducing new uses, it will not result in a change to community character. There are no historic structures or sites in the project area, thus there will be no significant effect on historic resources. Finally, the anticipated increase to the employment base is minimal and it will have no significant effect. Proposed Environmental Finding_ That the proposed Negative Declaration (IS-2002-2) has been considered together with any comments received during the public review process, and that based on the whole record, including the Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS-2002-2). Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 a INITIAL STUDY ROGER G. POST - DIRECTOR Project plans & Environmental Assessment Form received on: March 15, 2002 Environmental Assessment Form Determined Complete by: Andrew Hoskinson, Assistant Planner Initial Study completed by: Andrew Hoskinson Case File #I.S.: IS-2002-2 Reference Files: GP-2002-1, ZC-2002-1 Date: March 25, 2002 Date: April 12, 2002 *********:i.******************************************************************** Location of Project: Area west of National City Boulevard, east of Roosevelt Avenue, and north of 7th Street Project Description: Amendment of the Combined General Plan / Zoning Map from CT-PD and CT to CG-PD Environmental Setting: The project site is an urbanized area of the City developed with a number of motels and retail stores and other businesses. The area is bound by arterial roadways and collector streets all operating below capacity. There is less than one acre of vacant land in the area. The entire project area is environmentally disturbed and there is no land in the area that has value as habitat. Conclusion: 1) X A Negative Declaration is proposed, since X (a) There is no substantial evidence that the project may have a significant effect on the environment; or (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Recycled Paper There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts: TRAFFIC: The intensity of use of the developed property in the area is restricted by the availability of parking. Since there is little parking available and equally limited space to provide additional parking on the developed properties in the area, there is limited potential for an increase in traffic volumes attributable to the intensification of use on these properties. Approximately 40,000 square feet of vacant land is available for development in the project area. According to the "Brief Guide of Vehicular Generation Rates for the San Diego Region," published by SANDAG in 1998, specialty retail shops or strip commercial development typically generate 340 Average Daily Trips (ADT) per acre. Thus, new development in the area, enabled by the zone change, is anticipated to generate approximately 340 ADT. The existing volume of traffic on National City Boulevard, Roosevelt Avenue and the east -west collector streets in and around the project area are well below the capacity of the roadways as set by the General Plan. For example, according to SANDAG the Average Weekday Traffic Volume on National City Boulevard in the project area is less than 16,000 trips per day; National City Boulevard has a capacity of 25,000 trips per day. Thus, the minimal additional traffic enabled by permitting a greater diversity of commercial uses in the area will not have a significant effect on the flow of traffic in the area. AIR QUALITY: The only potential for impacts to air quality associated with the project stem from an increase in vehicular traffic. As previously noted the project creates little potential for increases in vehicular traffic, and is consistent with the Circulation Element of the approved General Plan. The project is consistent with the goals and objectives of the Regional Air Quality Standards (RAQS), and air emissions associated with this project have been accounted for in the RAQS. The project will have no significant effect on air quality. CHANGE OF COMMUNITY CHARACTER: The project will achieve a number of General Plan policies. Specifically, it will facilitate the revitalization of an existing shopping area by allowing a mixture of residential development in addition to a greater diversity of commercial uses. Also, the project will allow a local business that is not allowed in the area under the current zone designation to reuse a large, vacant commercial building. The proposed change to the General Plan / Zoning designation applicable to the property will primarily allow a number of existing commercial uses that are currently lawful non -conforming to continue indefinitely, rather than introducing new uses. Additionally, future discretionary approvals required under the proposed General Plan / Zoning Designation, such as Planned Development permits for new development and redevelopment and Conditional Use Perijnits for shopping centers and multi -family developments, limit the potential for adverse environmental effects. Therefore, it will not have a significant effect on the character of the community. HISTORIC PROPERTIES: There are no properties in the area proposed to be rezoned that are on either the National Register or National City's adopted list of historic structures, and no structural alterations are proposed as part of this project. Consequently there will be no significant impacts to historic properties. EMPLOYMENT BASE OF THE COMMUNITY: The limited amount of land available for development in the area and the limits to the intensification of use of developed properties previously discussed under "Traffic", also serve to limit the potential increase to the employment base of the community. The change in zoning will allow a retail business to reoccupy two vacant structures located in the area; this retail business is expected to increase the employment base by approximately 20 employees. Since the anticipated increase to the employment base is minimal, the project will not have a significant effect on the environment. The City of National City, California ENVIRONMENTAL ASSESSMENT FORM NOTICE This information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT GENERAL INFORMATION Planning Department File No(s).: (Please Print of Type) Type of Permit Required Change of Zone Date Name and Address of Permit Applicant Community Development Commission of National City 140 East 12th Street, Suite B National City CA 91950 Name and Address of Property Owner VARIOUS Name and Address of Person Who Prepared the Plan(s) Eric Crockett Date of Preparation March 9 , 2002 Legal Description of the Project Site All property located within that portion of North National City Blvd. Study Area, generally bounded by Roosevelt Avenue to the West, Division Street to the North, National City Blvd. to the East and 7th Street to South Site Address see exhibit "An For Residential: No. of Dwelling Units For Commercial: Type of Building Square Footage For Industrial: Type of Building Square Footage Other: Type of Building Square Footage 2 3/28/97 CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact Report will be required. C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required information is not submitted within four (4) months from receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. E. CERTIFICATION You will be asked to certify the truth and accuracy of your statements. 3 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. SEE ATTACHMENT "A" 2. Describe the environmental setting, including distinguishing natural and manmade characteristics. The discussion should be of the site without (before) the project and include the immediate areas surrounding the site. SEE ATTACHMENT "A" 4 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) B. Assessment of Environmental Impact Answer the following questions by placing a check in the appropriate space in Column A. Specific Questions Column A Yes Maybe No 1. Does the project significantly change the present use of the project area? (The project area includes the immediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of the project.) 2. Does the project alter any unique, natural or manmade features? 3. Does the project affect the conservation of any natural or scenic resources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change existing features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to increase flooding? 8. Will the project increase the possibility of erosion or sedimentation? 9. Does the project involve any geological hazards? 10. Will the project increase the possibility of earth slippage. 11. Will the project contribute adversely to the quality of air? Xx xx Xx xx xX xX xx Column B Staff Analysis Yes Maybe No X XX Xx X X 5 3/28/97 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of historic, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the understanding and enjoyment of the site itself.) 14. Will the project accelerate the development of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing coniij maties? (Examples include byt ate-uat limited to: Changes in traffic patterns Effects on access within the community to commercial establishments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the project in opposition to the City's existing plans, programs, and policies? Column A Yes Maybe No XX XX XX XX XX Column B Staff Analysis Yes Maybe No 6 3/28/97 Column A Yes Maybe No 19. Will the project require a change in zone, adopted community or general plan? xx 20. Does the project require any variation from existing codes and ordinances? Xx 21. Will the project significantly change the average population density of the community? xx 22. Will the project alter the lifestyle of the community? xx 23. Will the project result in overcrowding, a lack of privacy for adjoining development within the community? xx 24. Will the project alter or eliminate views? xX 25. Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? 26. Will the project result in increased light or glare? 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? 29. Will the project affect existing utility networks? 30. Will the project affect the existing community facilities or City services? 31. Does the project involve the demolition or removal of existing improvements? 32. Does the project alter or improve the employment base of the community? xx Column A XX XX Column B Staff Analysis Yes Maybe No XX XX XX XX _,X_ Column B Y — Staff Analysis 7 3/28/97 33. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? (Examples include, but are not limited to: Developments which effectively preclude the extraction of the region's rock, sand, gravel or other mineral resources Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade features in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguishing characteristics not found in other area, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort; or conveniences.) Yes Maybe No XX SIX Yes Maybe No 8 3/28/97 ENVIRONMENTAL ASSESSMENT (continued) C. Statement of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. SEE ATTACHMENT "A" D. Additional Data 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. NONE 2. Estimate the amount of grading in cubic yards. NONE 3. What are the maximum heights of manmade slopes, etc. NONE E. Certification I hereby acknowledge that the above Enviro the best of my knowledge. Date _7/a-/,-- Date 3/a-%- Signed Signed lipie-.; All, iii , frirr f d p� snit Applicant ssessment is true and accurate to Person Who Completed This Form 9 3/28/97 „ff#SZ.w..,...- x 0 v N 0 N S 31tl1S831N1 x Co 2 O 9 555- 030 Co 0 AVE t 1 ROOSEVELT I•I 11 O to 1 ' I, w.- I f'ry `, J m N 1 y I J I_ ro.„*.t.itis ig-I I W N _ 1 .ri- 1 ae r .11; i0I aI//6°1-410111NIA .1_ # �( .nrm:4 _:1fii1 , Li I WIN II-1 1 I lV Yh” IT:, N • w 1 1 1"- Io ININI PMBe I r.'4 a G ly PaauIla] Ru iV '•µi ..r Erol IIWIAII'OII^I I ,a I i4'1, + . E I N �.lj NIIOIININ1 .. I I i I.. W A .. NIgi 1.. 1..I..1' �¢yS• 1- - V w CITY BLVD. (AVE)t „V„ SIgIHX� - LvIrv' ryNNaAii ,•..m 4 a 3. ,. � e.a `a 3g' �� . gI 4 W y � m p n�6 X bcn4trh IR R h M ry 4 I (NATIONAL) NATIONAL ^I I AVE t 1 ROOSEVELT of SI CITY BLVD. (AVE) NItil f' • ' QT aaa+r A a s�rtil� ��o xo .4 0 -1 I I -.I .1.7.rIOr1N 101.III °IwINI- III' T,�_ IaT1T IOI I II �IOF IN ..I I.,I..I..I I I I.. AVE 0 a . I 01• • 10.OI 1 i.. I OI N 50,,,w R u 1 m a 5 a 5 o OI I' I I I. „r I3;T.t a IoI ..L.1. b a' : Iolo .L. f J.. I .(NATIONAL) NATIONAL CITY BLVD.: (AVE.) .u. uuullllihlullllllll11Iieil� 1111111111111111111111111M """""II """„IIIIp IjnnLy ONO03S ., °'I ROOSEVELT 01 • .1(1 I® 0 IG 5 Lx C7 A AVE al.rI6I3I5I jI I n ��1 (NATIONAL) OSBORN AVE) 1 , I A. l The proposed project is to change the existing zoning for all property located within that portion of North National City Blvd., Study Area, generally bound by Roosevelt Avenue to the west, Division Street to the North, National City Blvd. to the East and 7th Street to the south from Commercial Tourist to Commercial General. A.2 The environmental setting is 99% improved property located in an urban environment. There are no obvious natural characteristics located within or around the surrounding project area. The manmade characteristics include Interstate 5 to the West and two multi- story hotels located immediately to the South of the project area. C. The project will have no significanteffect on the environment. The project area is located immediately adjacent to Interstate 5 (I-5). When evaluating potential Traffic, Air and Noise impacts on the environment from the proposed project it is important to note that I-5 handles approximately 200,000 automobiles per day. Questions 19 and 32 were answered "yes". Question 19 asks, "will the project require a change in zone..." the project is changing the zoning from Commercial Tourist to Commercial General. The uses allowed under Commercial General will not have a significant effect on the environment over those uses currently allowed under the Commercial Tourist zoning. Question 32 asks, "does the project alter or improve the employment base of the community". The change in zoning will allow for retail industry to reoccupy two vacant structures located within the area thereby improving the employment base of the community. However, the anticipated increase in employees will be minimal (less than 20) and will not have a significant effect on the environment. Attachment "A" View of amendment area along National City Boulevard from the north View of amendment area along National City Boulevard from the south NATIONAL CITY, CALIFORNIA GENERAL PLAN AMENDMENT Make checks payable to the City of National City File application with the: —National-City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Gi7-2o0z-1 Filing Fee $ ' Receipt N_ o. Date Received 0t- By !Wl _1 1 Fee $ Recited Cases G- h50;1,-1... l j' 7Z- E.A.F. Required SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS $1,750.00 PLUS RELATED APPLICATIONS AND FEES.* 1/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City General Plan land use designation and Change of Zone on the following real property: All property located within that portion of North National City Blvd. Study Area. generally bounded by Roosevelt Avenue to the West, Division Street to the North, National City Blvd. to the East and 7th Street to the South (see map, attachment A). FROM Commercial Tourist TO Commercial General - Planned Development (Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property). This change is being requested for the following reason(s) (attach additional sheets if necessary). Thp propngpd re7nning is designed to fulfill several General Plan goals and guidelines directed to the North National City Blvd. Study Area including: *After completion of market studies, consider rezoning from CT to CG, the area West of National City Blvd. and North of 7th Street. *Consider a code amendment or specific plan regulations to address uses in the CT zone. General Plan Amendment Application Revised December, 1998 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Fax No. Date: APPLICANT Name: Paul De (Please type Signature: Phone No. Fax No. Date: Executive Director ignature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Community Development Commission of National City 140 East 12th Street, Suite B National City CA 91950 Phone No. (619) 336-4250 Fax No. (619) 336-4286 Date: -2 /,zAi_ General Plan Amendment Application Revised December, 1998 Page 2 of 2 555 — 030 x V N N 0 7 WIA AVE 7. • r ITY BLVD. (AVE)i ROOSEVELT I (NATIONAL) NATIONAL AVE 4 CITY BLVD. CAVE) nn.luunnla.11110 11l111111l1�1 $n 4 g 11i111111h1�1. 11�11 111�1�1 G I to h y N I ROOSEVELT Yhr T,T eL I AIWINI_ ailoltilpl (NrioNAL) NATIONAL AVE CITY . BLVD.. (Ave.) I " I 111111111111111111111111111111114 11111111111111111111111111111E 11111111111111111111111111010 1111 11 111111111111111R1�� 0 C as-z-as-u ROOSEVELT •1- 0I 1.1 JpL 4 (NATIONAL) .1® S AVE �. A' OSBORN <Avc) 4 eft "%• - NATIONAL CITY, CALIFORNIA tTEP 'o tom' ZONE CHANGE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Compatibility with General Plan Filing Fee $ Receipt/�No. . Date Received I 0 Z By W�^t\-\Rui E.A.F. Required Fee $ Related Cases LA's2 SEE FILING INSTRUCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. APPLICANT MUST FURNISH AN ASSESSOR PAGE OBTAINABLE FROM THE COUNTY ASSESSOR OFFICE OR A PLAT PREPARED BY A TITLE COMPANY, A LICENSED ENGINEER OR LAND SURVEYOR SHOWING EXACT BOUNDARIES OF THE SUBJECT PROPERTY. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) SEE EXHIBIT "A" PROPERTY LOCATION No. Street between DIVISION STREET and 7th STREET Zone Change Application Revised December, 1998 Page 1 of 2 PRESENT GENERAL PLAN/ZONING DESIGNATION CT PROPOSED GENERAL PLAN/ZONING DESIGNATION CG PRESENT OVERLAY ZONE DESIGNATION (if applicable) PD PROPOSED OVERLAY ZONE DESIGNATION (if applicable) PD PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: Phone No. Fax No. Date: APPLICANT Name: Paul De (Please typ Phone No. Fax No. Date: Executive Director Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Community Development Commission of National City 140 East 12th Street, Suite B National City CA 91950 Phone No. (619) 336-4250 Fax No. (619) 336-4286 Date: 3/1-4/.2- Zone Change Application Revised December, 1998 Page 2 of 2 z 9 UI 0 N In S 31V1S831N1 N AVE ROOSEVELT g`x1` OO I to —"I I g®i rd!SWK OD .I 0) VI` .1 y I_v J itzTw 10, "I' DIe-I W N— O .1rA..I4 -•J- -^a I' NINI aNeee. 2' I Y`+'1 ^{+v I" I IioI'alm1IWliNI / I AC-JL—IX1t ! 1 I I I i I IN_" T - N -I$rI.-L' a �� v eea3 ®1(e�® NWIAIN•TI, I ' w I 1`Pr'i. I O r"� OIIOIININ u I I 1 I .. I IANlm'I-6a 1?,.I -j .. N/f. /9'JT•N CITY BLVD. (AvE), I. N N N a a 4 N A (NATIONAL) NATIONAL T 1 s AVE .I. rI.I•I• ,.1 I .I. 0• I I' •I -I_, 0101 III I "v O". :l CITY BLVD. (AVE) N'.h hRae • l a =a ;a "I, k J'n � 0q * (a Y �l� 43A .. y_O M y ROOSEVELT -1 rhr".1",1 IDI.I I I AIWINI- I I Ia l;l 1.1 . . i T,T.T T, : n f a IpI I I,Ir ,5INININ, .,l I„LJ..i I I I.. 555 — 030 �1 I IO a • 1 .w•.I e'l. • .. IO.OI L. , I I.. IOI , 1 I * a T ' �"l_ a"®•-r—i- "-- - IT a a S e p OI I., I I In a Id a a a I0I85 .; I .(NATIONAL) NATIONAL CITY . BLVD.. (AVE.) I " I ON0035 to 0 O N a ROOSEVELT (NATIONAL) OSBORN <AVE) KEYSER MARSTON ASSOCIATES INC. 1660 HOTEL CIRCLE NORTH SUITE 716 SAN DIEGO, CALIFORNIA 92108 PHONE: 619 / 718-9500 FAX: 619/718-9508 E-MAIL: KMASD@KMAINC.COM WEB SITE: HTTP://WWW.KMAINC.COM To: MEMORANDUM Mr. Paul Desrochers, Executive Director Community Development Commission of the City of National City From: KEYSER MARSTON ASSOCIATES, INC. Date: June 10, 1999 Subject: National City Boulevard — Limited Market Assessment for Possible Land Use Changes I. INTRODUCTION A. Background ADVISORS IN: REAL ESTATE REDEVELOPMENT AFFORDABLE HOUSING ECONOMIC DEVELOPMENT FISCAL IMPACT INFRASTRUCTURE FINANCE VALUATION AND LITIGATION SUPPORT SAN DIEGO GERALD M. TRIMBLE ROBERT J. WETMORE PAUL C. MARRA SAN FRANCISCO A. JERRY KEYSER TIMOTHY C. KELLY KATE EARLE FUNK DENISE E. CONLEY DEBBIE M. KERN MARTHA N. PACKARD LOS ANGELES CALVIN E. HOLLIS, II KATHLEEN H. HEAD JAMES A. RABE In accordance with your request, Keyser Marston Associates, Inc. (KMA) has completed a limited market assessment of possible land use changes in the northern National City Boulevard corridor. The Community Development Commission (CDC) requested an independent, third -party evaluation of existing land use patterns and potential development opportunities within the National City Boulevard corridor between Plaza Boulevard and the San Diego city limit. Key work tasks involved the following: • Review of existing land use patterns. • Review of the City's Land Use Code and General Plan. • Discussions with CDC and Planning Department staff regarding opportunities and constraints — market, physical, and regulatory — within the study area. • Limited assessment of market support for potential uses. In undertaking this assignment, KMA has associated with the planning firm of Lettieri-Mclntyre and Associates, Inc. (LMA). Attachment "C" To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes June 10, 1999 Page 2 B. Report Organization This memorandum report has been organized as follows: • Following this introduction, Section II summarizes our key findings and recommendations. • Section III describes the current zoning and existing land uses in the study area. • Section IV presents an overview of relevant market factors. • In Section V, KMA reviews potential market opportunities in comparison to existing zoning in the study area. • Finally, Section VI details limiting conditions pertaining to this report. II. KEY FINDINGS AND RECOMMENDATIONS KMA's/LMA's key findings and recommendations are as follows: • The City should consider modifying existing Commercial Tourist (CT) and Commercial General (CG) zones to Commercial General (CG) zoning in order to encourage local - serving and/or sub -regional commercial uses. • Expansion of existing RS-3 zone from A Avenue to the mid -block alley between National City Boulevard and A Avenue should be considered to protect the single-family neighborhood located east of National City Boulevard and encourage the development of new in -fill single family housing. • The City should consider reconfiguration of the Commercial General — Planned Development (CG-PD) district in order to promote the creation of mixed -used development on the half block east of A Avenue between 8th and 9th Streets, and the westerly half block bounded by Roosevelt, 9th, Plaza and National City Boulevards. • The re -zoning of areas designated for Light Manufacturing/Residential (MLR) north of Plaza Boulevard to Light Manufacturing (ML) should be considered to discourage additional residential development. 99033ndh To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes III. PROFILE OF STUDY AREA A. Land Use and Zoning June 10, 1999 Page 3 As shown in the attached Exhibit 1, this study focused on the area generally bounded by Interstate 5 on the west, the San Diego city limit on the north, A Avenue on the east, and Plaza Boulevard on the south. The City's Land Use Code and General Plan subdivide the study area into four land use zones, as shown in Exhibit 2. These land use zones can be described as follows: • Commercial Tourist (CT): Located near freeway interchanges and next to the Bayfront, these areas are intended to provide services, goods, and accommodations for visitors. • Commercial General (CG): This zone permits high -intensity commercial and complementary development along major roadways and in community shopping centers. • Commercial Medium (CM): This zone is concentrated along National City Boulevard, north of 16th Street; it is intended for smaller -scale, mixed -commercial uses. • Light Manufacturing/Residential (MLR): The City has applied this zone to the Westside area, where there is an existing mix of manufacturing and commercial businesses among residences. The zone permits low -intensity, industrial, office, and institutional uses in addition to single-family homes. In addition, two portions of the study area are designated for Planned Development Overlays (PD): • A portion of the CT zone between 5th and 7th Streets; and • The entire CG zone, located from 7th Street to Plaza Boulevard, generally east of Roosevelt. Although a PD zone typically refers to an area with special development standards, specific standards do not exist for these two PD overlays. Development proposals within these zones would receive more extensive review by the Planning Commission. To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes B. Existing Land Use Patterns June 10, 1999 Page 4 Table ? summarizes existing land use patterns within the study area by land use zone. As shown in the table, a wide variety of land use groups exist within each zone. Although the uses are generally in compliance with the given zone, the distribution of uses often creates conflicts. For example, in the CM Zone, automotive -related businesses such as used car lots and minor repair facilities exist adjacent to pedestrian -oriented retail. Residential uses are also scattered throughout the study area. Homes are located in the northern portion of the CT Zone, eastern edge of the CM Zone, and broadly distributed throughout the MLR Zone. Noise, odors, lighting, and aesthetic conflicts are common between residential and commercialiindustrial uses. Although a mixed land use pattern is a desirable goal, future planning should include methods of mitigating conflicts between land uses. The following presents descriptive profiles of the mix of businesses within each land use zone: • CT Zone: The CT Zone includes four motels (Super 8 Motel, Colony Inn, Value Inn, and National City Motel), Keith's Restaurant, and the Bay Theatre, which are typical of a Tourist Commercial Zone. However, the area is more dominated by furniture stores such as Heilig-Meyers, National City Office Equipment, Richard's National City Furniture, and B & B Furniture. These types of uses are more typically found in a General Commercial Zone. CDC staff has recently been contacted by two additional retailers (household furnishings and appliances; motorcycle sales) that are seeking to locate in this zone. • CG Zone: The CG Zone exhibits the widest variety of businesses. The Radisson Suites and Holiday Inn are the two highest profile businesses within the CG Zone. Restaurants, small retail shops, a bank, a gas station, and the recently condemned Pussycat Theater are located in this area. Within this zone, the "Brick Row" historic row homes on A Avenue between 9th Street and Plaza Boulevard are a unique asset to the community. The CG Zone is also home to a shared extension campus for Southwestern College and San Diego State University. • CM Zone: The CM Zone includes a variety of small retail and office buildings. However, a large portion of the area is occupied by automotive -oriented businesses (Rocky Auto Sales, A & S Auto Sales, and Earl Scheib Auto Paint). These types of automotive uses are more typically sited in an ML or MLR Zone. • MLR Zone: As noted previously, the MLR Zone is occupied by a mixture of residential and light incustrial uses. Businesses such as Seda Canoe and Kayak, National Iron Works, Columbia Pest Control, and Sid's Carpet Barn are scattered among residential units. The area has convenient freeway access, but due to grade changes, it is not highly visible from the freeway. Conflicts between residential uses and industrial uses are common. To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes C. Distribution of Businesses and Sales Volumes June 10, 1999 Page 5 KMA also reviewed State Board of Equalization records of business licensees and retail sales volumes for the study area. According to State Board of Equalization, a total of 78 businesses currently operate within the study area. Automotive and service stations and other non -retail businesses make up the majority of the area's businesses. Distribution of businesses by type is as follows: Business Category Total Number of Businesses Automotive & Service Stations 24 Other Non -Retail Businesses 23 Other Comparison Goods (1) 9 Eating and Drinking 9 Other Retail Stores 9 Convenience Goods 2 Home Improvement 2 General Merchandise 0 Total 78 (1) Other Comparison Goods includes apparel, furnishings & appliances, and specialty stores. Table 2 summarizes the distribution of retail sales by category for the study area, as compared with the City and region. Businesses in the study area account for a relatively minor portion of Citywide retail sales activity, where as a significant portion of the City's retail sales volume can be attributed to Plaza Bonita and the Mile of Cars. Among the seven retail categories, the sale of Comparison Goods represents the largest portion of the study area's retail sales, accounting for 43% of the area's total sales activity, followed by Automotive and Service Stations (36%), Eating and Drinking (10%), and Other Retail Stores (10%). D. Transportation Factors Proximity to Interstate 5 and National City Boulevard make the study area convenient for automobile traffic. Eighth Street provides through access to the west side of the freeway and the bayfront. The San Diego Trolley rail station at Eighth Street (west of 1-5) is located within walking distance of the study area. To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes IV. OVERVIEW OF MARKET FACTORS June 10, 1999 Page 6 Table 3 presents KMA's evaluation of market support factors for a range of land uses on a regional, local, and study area level. Key opportunities for each land use within the study area are summarized below. A. Retail Overall market support: Moderate. Key opportunities: • Subregional retail uses, such as major stores, e.g., household furnishings and appliances, automotive and motorcycle accessories and services, and specialty goods ("category killer" stores). • Street retail in a mixed -use, downtown environment, with emphasis on entertainment. B. Hotel Overall market support: Weak. Hotel development is likely to be infeasible due to: • Extremely limited market opportunity. • Tight financing situation. • Lack of amenities relative to competing locations. C. Residential Overall market support: Moderate. Key opportunities: • In -fill, entry-level single-family in the A Avenue corridor. • Urban "€ivelwork" for -sale product in mixed -use developments between 8th and Plaza. 99033ndh To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes D. Office Overall market support: Weak. June 10, 1999 Page 7 Any development opportunity would likely be tied to specific users, rather than speculative development. The Southwestern College/San Diego State University extension campus to the study area presents the opportunity to develop a new, mixed -use educational complex. Such a complex could include the extension campus, other private educational and training institutes, limited office space, and supportive commercial uses. E. Industrial Overall market support: Moderate. Lack of suitable development sites, land use conflicts, and security concerns are likely to limit expansion of industrial activity in this zone. CDC assistance will be required for site assembly and housing relocation. V. COMPARISON OF MARKET OPPORTUNITIES WITH EXISTING ZONING A. Economic Development Goals The Economic Development Element of the City's General Plan establishes a number of goals and implementation steps for revitalization and redevelopment of the City's commercial districts in general and the downtown area in particular. Relevant policies include: • Prioritization of revitalization of older shopping areas as neighborhood- and community - oriented business districts. • Encouragement of a mix of commercial and residential uses, as well as in -fill residential development in general. • Encouragement of preparation of Specific Plans and Design Guidelines for National City Boulevard from 8th Street to Plaza Boulevard. Selected implementation steps include: • Consider rezoning from CT to CG the area on the west side of National City Boulevard north of 7th Street. To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes June 10, 1999 Page 8 • Consider rezoning from CM to CG, as well as partially to RS-3-PD, the area on the east side of National City Boulevard north of 7th Street. • Consider a Code Amendment or Specific Plan regulations to address uses permitted in the CT zone. • Implement redevelopment programs to stimulate new commercial development in the National City Boulevard/8th Street business district. • Encourage multi -tenant office development in the light industrial districts bordering Interstate 5. B. Review of Targeted Uses by Land Use Zone KMA and LMA reviewed the City's existing zoning categories for the study area and cross- referenced the allowable uses within these categories with a range of targeted land uses. Tables 4, 5, and 6 present KMA's/LMA's matrix evaluation of the zoning categories relative to residential, commercial, and industrial uses, respectively. The first column of each table presents possible targeted use groups that will create the preferred land use pattern and economic development activity in the study area. Key highlights include: • Residential Uses: As shown in Table 4, the single-family neighborhood is preferred in the RS-3 Zone. Increasing the available housing options, including rental units, is a goal for the area. Mixed -use (single-family residential/commercial) is allowed in the CT and CG Zones. Mixed -use (single-family residential/industrial) is allowed in the MLR Zone. Mixed - use (multi-family/commercial) is allowed in the CT and CG Zones. • Commercial Uses: The creation of a "downtown" can be reinforced by establishing a commercial core that provides goods and services to the residents, visitors, and employees of the area. The targeted use groups identified in Table 5 offer a wide variety of uses that are appropriate for creating a lively, diverse community. As shown in the table, the CG Zone creates a more pedestrian -oriented commercial zone because it does not permit automotive services. • Industrial Uses: Table 6 identifies a variety of targeted use groups that are the most appropriate industrial uses for the area. Eating places are included within the zone as a service to workers within the area. Residential use groups are not a preferred use since conflicts with the freeway and industrial uses are difficult to avoid. 99033ndh To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes C. Conclusions June 10, 1999 Page 9 This section presents KMA's/LMA's recommended changes to the zoning designations within the study area. The proposed changes are reflected in the map in Exhibit 3. 1. Modify the existing CT and CM zones to CG. The purpose of this zone change is to encourage local -serving and/or sub -regional commercial uses on both sides of National City Boulevard north of 7th Street. The CG designation would allow existing hotels/motels to remain, but would allow a variety of uses, including retail, services, offices, and mixed -use residential. Automotive uses, such as motorcycle sales, would not be allowed in a CG zone without a Code Amendment. 2. Extend the existing RS-3 west from A Avenue to the mid -block alley between National City Boulevard and A Avenue. This zone change will expand protection of the predominantly single-family neighborhood east of National City Boulevard. Full -block commercial uses can still be accommodated on the west side of National City Boulevard. New in -fill single-family housing can be encouraged on the west side of A Avenue (the rear portion of blocks on the east side of National City Boulevard). 3. Reconfigure the CG-PD district to include: (a) the half block east of A Avenue between 8th and 9`h Streets; and (b) the westerly half of the block bounded by Roosevelt, 9th, Plaza, and National City. In view of this area's historical role as National City's downtown, enlargement of the CG- PD zone is appropriate. The "super -block" between 8`h Street and Plaza Boulevard on the west side of National City Boulevard represents a substantial redevelopment opportunity for creation of a mixed -use (retail, office, institutional) development. Housing can also be encouraged in the CG-PD district in the form of mixed -use developments. The existing "Brick Row" and planned 9th Street and A Avenue row homes can provide a catalyst for new residential products in this zone. 4. Re -designate the portion of the MLR area north of Plaza Boulevard to ML. The existing MLR designation reflects the existing condition of the area, but it is not a zone typically found in most cities. The number and size of industrial uses in this area appear to exceed the residential uses. This area is also heavily impacted by freeway on/off traffic. To: Mr. Paul Desrochers Subject: National City Boulevard Limited Market Assessment for Possible Land Use Changes June 10, 1999 Page 10 Further residential development should be discouraged. This area serves as an incubator for small light industrial businesses; the City should encourage business expansion and assist with the displacement of residential uses over time. VI. LIMITING CONDITIONS The analysis and findings presented herein are governed by the following assumptions and limiting conditions: 1. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. However, no responsibility is assumed for possible misinformation. 2. All numerical references should be assumed to be "more or less" and accurate to a degree consistent with their use for purposes of socioeconomic analysis and forecasting. 3. Any estimates of demographic or economic variables are based on the best available data sources but are not intended to be predictions of the future. Rather, they should be viewed as an indicator of future conditions given available data. No warranty or representation is made that any of these estimates or projections will actually materialize. 4. Market feasibility is not equivalent to financial feasibility; apart from whether there is a demand for various retail uses, other factors are of crucial importance in determining feasibility. These factors include the cost of acquiring sites, relocation burdens, traffic impacts, the remediation of toxics (if any), and mitigation measures that would be required through the approval process. 5. The analysis, opinions, recommendations and conclusions of this report are our informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic situations and conditions of the building and development industry, conclusions and recommended actions contained within this report should not be relied upon as sole input for final business decisions regarding current and future development and planning. attachments 99033ndh EXHIBIT -I MAP OF STUDY AREA NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY \:\\ \ CITY OF \\\s, SAN DIEGO OtTY oF 'NATIONAL CIT rr�a �5 \\ • 2 J J N. LIMIT OF STUDY I:L trsI r, 11TN 1 1G 12Th LDDH J I gL1 STREET FFEL Pouc c( me sranoy rr t • • • • • • a L 1st SL Sec SL E SAS Sr RS-3•PD L •iH St. II OD- . _ • I�— 1 C Y L QM sr. t L t n4 Sf . CCwtuNlTY PUBLIC I:rUUDINC UBRARY � IC•OS� 1 E4 • 211 3 IC•OS NATIONAL CITY .F2 foal OTIS E Source: National City Combined General Plan/Zoning Map TABLE 1 OVERVIEW OF EXISTING LAND USE PATTERNS ' NATIONAL CITY BOULEVARD ° CITY OF NATIONAL CITY EXISTING LAND USE ZONE Commercial Tourist (CT) Commercial Tourist Planned Development (CT- PD) Commercial General Planned Development (CG-PD) Commercial Medium (CM) Light ManufacturinglResidential (MLR) APPROXIMATE BOUNDARIES REPRESENTATIVE DEVELOPMENT COMMENTS Division/1st Street, 5th Street, Roosevelt, National City Boulevard 5th Street, 7th Street, Roosevelt, National City Boulevard 7th Street, Plaza Boulevard, Roosevelt,"A" Avenue 1st Street, 7th Street, National City Boulevard, "A" Avenue 8th Street, Plaza Boulevard, Interstate 5, Roosevelt Source: Keyser Marston Associates, Inc. and Lettied-McIntyre and Associates Prepared by: Keyser Marston Associates, Inc. Filename:\tbeowulMhollislkma\1999\99033ndh • Motel (Super 8) • Keith's Restaurant • Bay Theater • Palm Reader • Heilig-Meyers and Misc. Furniture Stores • Misc. Convenience Retail • Vacant Lots (behind Bay Theater and Heilig Meyers • Motels (Value Inn, Colony Inn, and National City Motel) • Abandoned Parking Lot • Holiday Inn • Radisson • Parking Structures • Arco Service Station • Bank • Pussycat Theater • Historic Row Houses ("Brick Row") • Vacant Lots • Used Car Sales • Earl Scheib Auto Paint and Body • Small Office Buildings • Miscellaneous Retail • Used Car Sales • Auto Repair • Warehouse • Sid's Carpet Barn • Seda Canoe and Kayak Products • Misc. Small Industrial Uses (Welding, Printing, Pest Control) • Single Family and Multi -Unit Residential • Good freeway visibility. • Convenient access from Main Street, Division Street, and National City Boulevard. • Roosevelt Is single -loaded service road. • Motel fence along National City Boulevard is unacceptable. • 6th Street is not a through street between National City Blvd. and Roosevelt. • Convenient freeway and light rail access. • 8th Street and National City Blvd. form axis for "Downtown". • Holiday Inn and Radisson are highly visible. • "Brick Row" Is significant community asset. • Pussycat Theater block may have renovation potential. • General Bead building is architectural asset. • New two-story office building relates well to adjacent residential. • Auto -oriented businesses conflict with adjacent residential. • Diverse mix of uses. • Apparent conflicts between residential and industrial uses. • Relatively poor freeway visibility (area is 15 feet below freeway grade), although excellent freeway access. EXHIBIT 2 CURRENT ZONING WITHIN STUDY AREA NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY W.B1T. i La Source: National City Combined General Plan/Zoning Map Prepared by: Lettieri-McIntyre and Associates t; 144 F" • — • • • .4,4.•:,•:'s.••• 12:r r la 0 STREET a 1 1 1 CM; TABLE 2 RETAIL SALES BY CATEGORY - STUDY AREA VS. CITY AND REGION NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY Retail Categories (000's) General Merchandise Other Comparison Goods (2) Convenience Goods (3) Eating and Drinking Home Improvement (3) Automotive & Service Stations Other Retail Stores 1998 1997/1998(1) 1997/1998(1) Study Area National City San Diego County $0 $11,453 n/a $2,718 n/a $9,643 $2,665 $148,604 $82,489 $74,180 $61,173 $90,623 $332,685 $70,735 $2,952,858 $4,620,483 $5,187,337 $2,571,825 $1,500,614 $4,807,124 $407,269 (Total $26,479 $860,489 $22,047,510 (1) Reflects second, third, and fourth quarters of 1997 and the first quarter of 1998. (2) Other Comparison Goods includes apparel, home furnishings & appliances, and specialty. (3) Disclosure of data would violate confidentiality. Sources: Hinderliter de Uamas Associates, California State Board of Equalization, and SANDAG Prepared By. Keyser Marston Associates, Inc. Rterrame:RBeo ulfkmayara\Nati City \Expenditure Potentia116/9/99jma TABLE 3 Page 1 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL A. REGIONAL TRENDS The San Diego region is mirroring current national trends favoring entertainment retail centers and street retail. National retailers continue to seek new locations in highly competitive marketplaces. This trend has contributed to the "over -storing" of many submarkets. New retail development In the region has favored freeway sites and repositioning of older regional malls. San Diego County's hotel market is currently exhibiting its strongest performance in decades with both rising room and occupancy rates. Significant new hotel Inventory Is under development or in the pipeline Countywide. New projects represent a broad range, from all -suite and extended -stay properties to convention hotels In downtown San Diego. Availability of hotel construction financing has declined dramatically within the past year. During the late 1990s, the San Diego region is experiencing renewed gains in employment, In -migration, and housing demand. Home prices in San Diego County continue to rise with the sales price for a new home averaging $324,000 during first quarter 1999. The average sales price for a re- sold single-family home In April 1999 was $205,000, a 2% increase from last year. Housing production within the region increased dramatically over the past few years, with the creation of over 19,000 units during 1997-1998, compared to 13,000 units produced during 1995-1996. The regional office market has resurged in the late 1990s, most noticeably In the Sorrento Mesa/Del Mar Heights and Carlsbad submarkets. Little to no speculative office development is occurring outside these submarkets. Vacancy rates in San Diego County are declining. During the fourth quarter of 1998, vacancy rates averaged 7.6%, compared to 9.7% in 1997 during the same period. The late 1990s Countywide economic resurgence has heightened perceptions of a looming shortage of industrial land. The County has experienced strong industrial expansion and employment growth in diverse submarkets, including: Carlsbad, Kearny Mesa, Sorrento Mesa, Poway, and Otay Mesa (In combination with the Tijuana maquiladora industry). The region's largest inventory of industrial land is located in the South Bay — on Otay Mesa. As developers and businesses turn their attention southward, and trade with Mexico continues to grow, National City's Industrial sector will become increasingly Important. Prepared by: Keyser Marston Associates, Inc. Filename c:Matlonalcity'natlonalcltybivdtmarket conditions matrix2;6/10/99;1ag TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: E3 Page 2 of 7 RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL B. NATIONAL CITY CONDITIONS The City exhibits a strong "import" of retail sales dollars In every major retail category, most noticeably Automotive Sales, General Merchandise, and Comparison Goods. A significant portion of imported retail sales dollars can be attributed to Plaza Bonita and National City Mile of Cars. From 1990-1998, sales In the General Merchandise and Other Comparison Goods retail categories declined while growing rapidly regionwide. Eating and Drinking, Home Improvement, and Automotive Sales rose only slightly. The City has a limited Inventory of hotels/motels, with an emphasis on budget accommodations. Most hotel/motel rooms In the City rent for effective rates in the $40480 range. Hotel occupancy Is high in summer, but quite low in the off-season. Year-round occupancy averages 50% to 60%. Current housing stock within the City Is almost equally split between single- and multi- famly units, with 52% single- family homes and 48% multi- family units. In 1998, monthly median sales prices for existing single-family homes ranged from $109,500- $125,000. Existing multi- family apartments typically rent for $400-$600, or about $0.70 to $0.80 per SF. National City is not a regional office node. The City contains only 132,000 SF of multi - tenant leaseable office space In seven major properties. Current vacancy for multi - tenant leasable office space In National City Is relatively minor, at 7.4%. The City contains substantial Industrial land use and employment, including concentrations west of Interstate 5 and along the S.R. 54 corridor. Brokers report 2.4 million SF of industrial space in National City, with an overall vacancy of 9.2%. The City Is well positioned with respect to international trade. Its waterfront contains more than half of available land at the Port of San Diego. Prepared by: Keyser Marston Associates, Inc. Filename c:\natlonalcity'nationalcityblvdUnarket conditions matrix2;6/10/99;1ag TABLE 3 Page 3 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL New retail development has Citywide hotel performance The City has experienced Office lease rates are relatively The City has a total of 525 been concentrated In the S.R. has improved recently. City extremely limited new housing low, in the $0.75-$1.25 per SF acres of industrial 54 corridor. Transient Occupancy Tax construction In decades. range plus utilities. These development. Industrial uses (TOT) revenues remained From 1990 to 1998 a total of rates are typically insufficient occupy 9% of the Citys B. NATIONAL CITY relatively constant from 1994- 1997. However, in 1998 TOT 239 housing units were added to the City, an average annual to support new construction. developed land. Because of the extremely limited land area CONDITIONSrevenues (.) increased 26% . Increase of less than 1%. There are significant land parcels available for residential development. remaining, in -fill development and redevelopment will become increasingly important. By regional measures, personal Incomes and The most prominent hotels In the City are the high-rise The CDC has recently sponsored two major multi- Nearly 10,000 Industrial Jobs are located to the City. Over educational attainments In National City are low. Holiday Inn and Radisson Suites, both located in the study area. family housing rehabilitation projects. the next 20 years, Manufacturing Jobs are expected to decline, but this decrease will be more than offset by sizeable increases In the Transportation/ Communication/ Utilities, Wholesale Trade, and Service sectors. As a result, demand for industrial land and buildings can be expected to Intensify. Prepared by: Keyser Marston Associates, Inc. Filename c:'natio vinationalcityblvdMnarket conditions matrix2;6/10/99;lag 3LE 3 Page 4 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL C. STUDY AREA FACTORS The study area and vicinity are characterized by a lack of neighborhood -serving retail and services. The nearest community centers are located In the Highland Ave./43rd St. corridor. Automotive sales and service stations and other non -retail businesses make up 60,16 of the 78 businesses In study area. Study area businesses account for Just 3% of Citywide retail sales. There Is a small concentration of specialized retailers — e.g., furniture stores, auto parts — in the National City Boulevard corridor that could be expanded. Sizeable vacancy exists within storefront retail space along National City Boulevard. There are seven hotels/motels in/adjacent to the study area, totaling nearly 600 rooms, The Holiday Inn and Raddison Suites offer 350 view rooms at the Intersection of 8th and National City. Hotels/motels depend on a mix of military, leisure, and business travelers. Proximity to the freeway and Naval Station San Diego are important. Room rates at the Holiday Inn and Raddison Suites have risen over the past five years — to an average $65 and $80, respectively -- but occupancy has remained fiat. The remaining lodging inventory in the study area consists of five limited -service, budget motels oriented to Interstate 5. There is only limited housing stock within the study area: single-family homes east of National City Boulevard; and both single- and multi -family units In the MLR zone. The historic Brick Row homes on A Avenue, combined with the CDC's planned first -phase for -sale row home development at 9th and A, provide an Important catalyst for residential in -fill. There is relatively little office space within the study area. A small garden -style office building is under construction on the east side of National City Boulevard within the CM zone. Industrial uses are located throughout the Study Area, with the greatest concentration in the MLR portion. Industrial users tend to be small-scale businesses, shops, and services. These businesses are typically price - sensitive. Examples of industrial businesses Include: auto repair and service, warehouses, welding, printing, and pest control. Prepared by: Keyser Marston Associates, Inc. Filename c:\natlonalcltyMationalcityblvd'market conditions matrix2;6/10/99;Iag TABLE 3 Page 5 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL Blocks on the west side of The nearby Naval Station San Study area adjoins a well- . The study area's excellent The study area offers a D. KEY National City Boulevard enjoy Diego will continue to generate established single-family freeway access and visibility is relatively low-cost yet highly OPPORTUNITIES excellent freeway exposure hotel room demand. neighborhood east of A a competitive advantage. accessible alternative for FOR STUDY AREA and accessibility. Avenue. Industrial uses. The vacant/under-utilized "superblock" at 8th and National City offers an opportunity to attract retail and restaurant uses as part of a major, mixed -use development. Proximity to the MTDB trolley line offers a marketing advantage. Development of a new educational facility shared by San Diego State University and Southwestern College could serve as a catalyst for limited office development. Proximity of the Mlle of Cars and concentration of auto parts stores In the study area may provide foundation for expansion of automotive and motorcycle accessories services along National Boulevard. Prepared by: Keyser Marston Associates, Inc. Filename c:\natlonalcitytnationalcityblvd\narket conditions matrix2;6/10/99;lag ,,,BLE 3 Page 6 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY RESIDENTIAL OFFICE INDUSTRIAL LAND USE: RETAIL HOTEL E. KEY CONSTRAINTS FOR STUDY AREA Site and block assembly may be needed to attract large anchor uses or mixed -use development. It may be difficult to provide sufficient dedicated parking to Individual retailers. Market support for new rooms is weak. The strongest segment In the local hotel market Is limited -service, budget motels. The study area offers few amenities for hotel visitors. Future development of marina and hospitality uses on the Bayfront will enjoy a competitive advantage. Local market rents do not support new market -rate apartment construction, particularly in a costly, mixed - use configuration. Development of stacked -flat housing products is highly unlikely as a result of: relatively low home values; and the threat of condominium construction defect litigation. The need to deliver competitively priced housing may require land writedowns by the CDC. Office tenants favor the 1-805 corridor due to proximity to executive work force. The study area lacks an existing Identity as an office node, and there are no exlsiting generators or amenities to kick-start office development. Limited land supply, small parcel sizes, and potential land use conflicts limit development and expansion of Industrial businesses. Higher -end Industrial uses favor freeway -oriented, campus -style business parks. Perceived lack of security Is also a dominant concern of potential industrial tenants. Prepared by: Keyser Marston Associates, Inc. Filename c:\nationalcity\nationalcityblvdUmarket conditions matr(x2;6/10/99;1ag TABLE 3 Page 7 of 7 TABLE 3 OVERVIEW OF MARKET CONDITIONS NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY LAND USE: RETAIL HOTEL RESIDENTIAL OFFICE INDUSTRIAL F. OVERALL Moderate Weak Moderate Weak Moderate CONCLUSION Subregional retail uses, such Extremely limited market In -fill, entry-level single-family Little to no potential for Expansion of Industrial as major stores, e.g., household furnishings and opportunity; tight financing situation; study area sites are in the A Ave. corridor. speculative office development. New office business activity In the MLR zone is likely to require CDC appliances. Automotive. and motorcycle accessories and services, and specialty goods ("category killer" stores). Inferior to alternative locations. development will be user- driven. May be achievable in combination with a major educational facility. assistance In site assembly and housing displacement/ relocation. Street retail in a mixed -use, downtown environment, with emphasis on entertainment attractions and other destination uses. For -sale "row -home" or "live/work"units in combination with commercial uses between 8th and Plaza. Prepared by: Keyser Marston Associates, Inc. Filename Orr lay tnationaicitybivd'market conditions matrix2;6/10/99;Iag TABLE 4 REVIEW OF ALLOWABLE USES BY ZONE: RESIDENTIAL USES NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY TARGETED USE GROUPS RESIDENTIAL Single -Family RS-3 Tourist CT COMMERCIAL General CG Medium CM Light ML INDUSTRIAL Dwelling - Single Family Dwelling - Two Family Dwelling - Multiple Family Comments: RS-3 does not allow multi -family units. X C X C Multi -family units are allowed in Commercial zones on Conditional basis only. Light Manuf./ Residential MLR X Existing MLR area contains both single-family and multi -family units. New multi -family development is not allowed. Legend X = Permitted C = Conditional - = Prohibited Source: National City land Use Code Prepared by: Keyser Marston Associates, Ino, Filename:NBeowulfVneyalalNatlonal City\National City Zoning,slaWl8199;ime TABLE 5 REVIEW OF ALLOWABLE USES BY ZONE: COMMERCIAL USES NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY TARGETED USE GROUPS RESIDENTIAL COMMERCIAL INDUSTRIAL Single -Family RS-3 Tourist i General CT ; CG Medium CM Light ML Light Manuf./ Residential MLR Area Wide Conditional Uses C C ! C C C I C Automotive & Allied Services - - - X X X Amusement & Entertainment - - I C C - - Community, Cultural & Public Rec. Services - C C C - - Dwelling - Two Family - C i C - - - Dwelling - Multiple Family - C j C - - - Eating Places - Other than Take -Out - X ? X X X X Goods and Services - Convenience - - I X X - - Goods and Services - Shopping - X X - - Goods and Services - Other - - C X X X Hotel, Motel, and Related Services - X ! X X X X Offices and Studios - X i X X - - Off -Street Parking - - I X X X X Comments: Area Wide conditional uses, including schools, allowed in RS-3 only on Condi- tional basis. No other Commer- cial uses allowed in RS-3. Furniture store (Goods and Services - Shopping) not allowed in CT. Automotive uses, such as motorcycle sales, not allowed in CT or CG. CG zone is less restrictive than CT; CM zone is less restrictive than CG. Limited commerc'al uses (Automotive, Eating Places, Other, Hotel/Motel) allowed in both ML and MLR. Legend X = Permitted C = Conditional - = Prohibited Source: National City Land Use Code Prepared by: Keyser Marston Associates, Inc. Fllename:UeeowuINnayaliKnational city zoningWallonal City Zoning.slslEl8199;jma TABLE 6 REVIEW OF ALLOWABLE USES BY ZONE: INDUSTRIAL USES NATIONAL CITY BOULEVARD CITY OF NATIONAL CITY TARGETED USE GROUPS RESIDENTIAL Single -Family RS-3 Tourist CT Automotive & Allied Services Eating Places - Other than Take -Out Eating Places - Drive-Thru/Drive-In Take Out Gasoline Services Stations Goods and Services - Other Heavy Equipment and Machinery Light Manufacturing Off -Street Parking Public Protection Facilities Public Utilities Research and Development Signs and Outdoor Advertising Wholesaling, Warehousing & Distribution Comments: No Industrial uses allowed in RS-3. COMMERCIAL General CG Medium CM X X X X C I C X X X X C C X X X Very few industrial uses allowed in Commercial zones. Research and Development and Automotive and Allied Services allowed in CM. Heavy Equipment allowed as Conditional use in CM. Legend X = Permitted C = Conditional - = Prohibited Source: National City Land Use Code Prepared by: Keyser Marston Associates, Inc. Filename:118eowuArneyelatnalionel city zoninglNationel City Zoning.xls16I6199;1ma Light ML X INDUSTRIAL Light Manuf./ Residential MLR X Full range of ligh industrial uses allowed in both ML and MLR. EXHIBIT 3 RECOMMENDED ZONING WITHIN STUDY AREA NATIONAL CITY BOULEVARD - CITY OF NATIONAL CITY w.11111 sr. 1.0S- I ML CZ ICZ 'M. ,/• 1 •/ m w III sr. ML Ii r • W. 2ND -c it ..SFID W. 4711 1 I- CG L --_J co - IcMLI IC ••••• NO. MEM, Source: National City Combined General Plan/Zoning Map Prepared by: Lettieri-Mclnyre and Associates MEETING DATE 06/04/02 ITEM TITLE City sal National City, Califor i COUNCIL AGENDA STATE ENT **Refer to Item #11 2 AGENDA ITEM NO. 2001-2002 WEED ABATEMENT PUBLIC HEARING PREPARED BY Donald Condon, Battalion Chief EXPLANATION DEPARTMENT Fire In accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. The City Clerk shall thereupon set the report and account for hearing at least ten (10) calendar days after the date of filing. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to National City Municipal Code, Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. ( Environmental Review X NIA Financial Statement N/A STAFF RECOMMENDATION Account Now City Council by resolution approve the Report and Account as submitted or as modified or corrected by the City Council. ) BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Felow Fixed Charge Special Assessments. Resolution No. A-200 (9/80) EXHIBFr ti' Parcel Assessment Site Address City of National City Weed Abatement Program Fixed Charge Special Assessments Tax Year 2002-2003 Owner Name 551 480 16 00 $616.98 East of 1002 Delta National City Hughes Charles K 3841 NE Old Belfair Hwy Belfair WA 98528 551 570 13 00 $803.68 1015 E Division St National City 91950 Cazares Irma E 1926 Windmill View Rd El Cajon CA 92020 551 570 15 00 $480.20 1033 E Division St National City 91950 Sanchez Raymundo A;Carmen R Sanchez 1720 Melrose Ave #43 Chula Vista CA 91911 556 103 29 00 $396.68 212 D Ave National City 91950 Miranda German 405 S 36Th St San Diego CA 92113 556 510 58 00 $1,578.66 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 556 510 59 00 $1,012.08 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 556 510 60 00 $594.18 Plaza Blvd National City Appel Daniel H;Marlene M Trs 5963 La Place Ct #306 Carlsbad CA 92008 556 590 43 00 $848.90 1133 E Plaza Blvd National City (Vac) North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 557 180 01 00 $5,709.82 N Ave National City Knights Express Ltd 3403 Kennelworth Ln Bonita CA 91902 557 390 29 00 $878.14 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Fpo Seattle WA 98760 561 154 06 00 $9,967.94 1705 Grove St National City 91950 Lee Matthew C 1705 Grove St National City CA 91950 Total Parcels: 11 • Total Assessm $22,887.26 EETING DATE June 4. 2002 City of National City, California COUNCIL AGENDA STATEMENT 3 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE "A" AVENUE REALIGNMENT PROJECT, SPECIFICATION NO. 01-1 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On February 19, 2002 by Resolution No. 2002-22, the City Council awarded a contract in the amount of $87,438.00 to Byrom -Davey, Inc. for the "A" Avenue Realignment Project, Specification No. 01- 1. On May 20, 2002 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. Change Order No. 1 was written to adjust the bid quantities of work to the actual quantities of work performed for each line item. This final change order increases the contract amount by $1,716.83 to a final contract amount of $89,154.83. The attached final balance spreadsheet shows detailed quantity adjustments. Environmental Review X N/A Financial Statement The final constructions cost is Approved Ct. Finance Direct° STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below ) 1. Resolution. 2. Contract Final Balance 3. Contract Change Order No. 1 Resolution No. 4. Notice of Completion $89,154.83. This amount is within the estimated budget for this projec is available through Account No. 307-409-500-598-6160. A-200 (9/99) f01-1 RESOLUTION NO. 2002 — 77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE "A" AVENUE REALIGNMENT PROJECT (Engineering Specification No. 01-1) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by BYROM-DAVEY, INC., Engineering Department Specification No. 01- 1, for the "A" Avenue Realignment Project has been completed, the City. Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order Number 1 is hereby approved. PASSED and ADOP LED this 4th day of June, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCE A Avenue Realignment Project, Specification No. 01-1 Completion Date: 5/18/02 Original Contract Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 9,200.00 1 $ 9,200.00 0 $ - 1 $ 9,200.00 2 Excavation and Embankment CY $ 47.50 90 $ 4,275.00 0 $ - 90 $ 4,275.00 3 Import CY $ 11.80 230 $ 2,714.00 324 $ 3,823,20 554.00 $ 6,537.20 4 Clearing and Grubbing LS $ 9,485.00 1 $ 9,485.00 0 $ - 1 $ 9,485.00 5 Replace Existing Chain Link Fence LF $ 39.00 166 $ 6,474.00 -68 $ (2,652.00) 98 $ 3,822.00 6 Replace Existing Mow Strip LF $ 11.50 84 $ - 966.00 8 $ 92.00 92 $ 1,058.00 7 Relocate Existing Area Light EA $ 880.00 1 $ 880.00 0 $ - 1 $ 880.00 8 Relocate Signs EA $ 116.50- 4 $ 466.00 0 $ - 4 $ 466.00 9 Relocate and Reconnect Reduced Pressure B.F. EA $ 470.00 3 $ 1,410.00 0 $ - 3 $ 1,410.00 10 Extend Median LS $ 3,250.00 1 $ 3,250.00 0 $ - 1 $ 3,250.00 11 New 6" Type G Curb and Gutter LS $ 15.00 591 $ 8,865.00 0 $ - 591 $ 8,865.00 12 New 4" PCC Sidewalk SF $ 2.50 2710 $ 6,775.00 -503.75 $ (1,259.38) 2206.25 $ 5,515.63 13 5 1/2" PCC Driveway SF $ 4.00 516 $ 2,064.00 -208.5 $ (834.00) 307.5 $ 1,230.00 14 Colored Concrete Sidewalk SF $ 5.00 395 $ 1,975.00 285 $ 1,425.00 680 $ 3,400.00 15 3" AC Pavement TN $ 66.00 226 $ 14,916.00 17 $ 1,122.00 243 $ 16,038.00 16 8" Crushed Miscellaneous Base TN $ 14.00 604 $ 8,456.00 0 $ - 604 $ 8,456.00 17 Striping LS $ 1,120.00 1 $ 1,120.00 0 $ - 1 $ 1,120.00 18 Traffic Contol LS $ 4,147.00 1 $ 4,147.00 0 $ - 1 $ 4,147.00 Original Contract Total $ 87,438.00 Adjusted Quantities Increased Contract Amount $ 1,716.83 CONTRACT FINAL BALANCE $ 89,154.83 Page 1 CONTRACT CHANGE ORDER NO. 1 DATE: 5/29/02. PROJECT: A Avenue Realignment Project, Specification No. 01-1 TO: Mr. Steve Davey, Vice President Byrom -Davey, Inc. 13220 Evening Creek Drive South, Suite #103 San Diego, CA 92128 R' DESCRIPTION OF CHANGE: This change order is written to adjust the bid quantities to the actual quantities of work completed for each bid item as shown below. AL Original Contract Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 9,200.00 1 $ 9,200.00 0 $ - 1 $ 9,200.00 2 Excavation and Embankment CY '$ 47.50 90 $ 4,275.00 0 $ - 90 $ 4,275.00 3 Import CY $ 11.80 230 $ 2,714.00 324 $ 3,823.20 554.00 $ 6,537.20 4 Clearing and Grubbing LS $ 9,485.00 1 $ 9,485.00 0 $ - 1 $ 9,485.00 5 Replace Existing Chain Link Fence LF $ 39.00 166 $ 6,474.00 -68 $ (2,652.00) 98 $ 3,822.0r 6 Replace Existing Mow Strip LF $ 11.50 84 $ 966.00 8 $ 92.00 92 $ 1,058.00 7 Relocate Existing Area Light EA $ 880.00 1 $ 880.00 0 $ 1 $ 880.00 8 Relocate Signs EA $ 116.50 4 $ 466.00 0 $ - 4 $ 466.00 9 Relocate and Reconnect Reduced Pressure B.F. EA $ 470.00 3 $ 1,410.00 0 $ - 3 $ 1,410.00 10 Extend Median LS $ 3,250.00 1 $ 3,250.00 0 $ - 1 $ 3,250.00 11 New 6" Type G Curb and Gutter LS $ 15.00 591 $ 8,865.00 0 $ - 591 $ 8,865.00 12 New 4" PCC Sidewalk SF $ 2.50 2710 $ 6,775.00 -503.75 $ (1,259.38) 2206.25 $ 5,515.63 13 5 1/2" PCC Driveway SF $ 4.00 516 $ 2,064.00 -208.5 $ (834.00) 307.5 $ 1,230.00 14 Colored Concrete Sidewalk SF $ 5.00 395 $ 1,975.00 285 $ 1,425.00 680 $ 3,400.00 15 3" AC Pavement TN $ 66.00 226 $ 14,916.00 17 $ 1,122.00 243 $ 16,038.00 16 8" Crushed Miscellaneous Base TN $ 14.00 604 $ 8,456.00 0 $ - 604 $ 8,456.00 17 Striping LS $ 1,120.00 1 $ 1,120.00 0 $ - 1 $ 1,120.00 18 Traffic Contol LS $ 4,147.00 1 $ 4,147.00 0 $ - 1 $ 4,147.00 Original Contract Total $ 87,438.00 Contract Adjustment Amount (CCO #1) $ 1,716.83 I CONTRACT FINAL BALANCE $ 89,154.' Page 1 CONTRACT CHANGE ORDER NO. 1 DISCUSSION: Line Item No. 3, Import, was increased to provide compensation to the contractor for the additional import soil required to construct the underestimated fill section. Line Item No. 5 was overestimated resulting in the reduction by nearly 70 feet. Line Item No. 14 was increased to provide compensation to the contractor for additional colored concrete sidewalk at the curb returns on National City Boulevard to match the existing and future improvements. CONTRACT ADJUSTMENT: As a result of this change order the contract, price is adjusted as follows: 1. The original contract price is increased in the amount of $1,716.83 from the current contract price of $87,438.00 to a new contract price of $89,154.83. 2. The contract time is unchanged. The contract completion date was previously established as Wednesday, June 12, 2002. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Byrom -Davey, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michaej/J. Long, 4\ss APPROVED BY: ngineer 5-/-z.:1/e 2— Date Steve Davey, Vice President Date Byrom -Davey, Inc. Burton S. Myers, Director of Public Works/Engineering Date City of National City Resolution Number Date Page 2 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 20, 2002, of the "A" AVENUE REALIGNMENT PROJECT, SPECIFICATION NO. 01-1 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at "A" Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with BYROM -DAVEY, INC. Name of Original Contractor The following work and material were supplied: Excavation, Embarkment Base Material, Pavement Erosion Control and Concrete Improvements General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: _NLA Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2002, at , California. Signature: GEORGE H. WATERS, MAYOR FORMSN0001-1 EETING DATE June 4, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD ON BEHALF OF THE PUBLIC A PORTION OF SHERYL LANE AS SHOWN ON PARCEL MAP (Z-2001-5, LS-2001-1) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION San Diego Habitat for Humanity has submitted a final parcel map with the dedication of Sheryl Lane for the City Council approval, acceptance, and filing with the County Recorder. The parcel map consists of 4 parcels. The tentative parcel map has been reviewed and approved by the Planning Commission Resolution No. 14-2001, dated May 7, 2001. The sidewalks and street will be utilized by the general public. The parcel map, grading plan, and all required street improvements plans have also been approved by the Engineering Department. Environmental Review Financial Statement STAFF RECOMMENDATI Adopt the Resolution. N/A / BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( listed Below ) 1. Resolution 2. Final Parcel Map A-200 (9,99) Approved By: Finance Director Account No. 2002-78 Resolution No. RESOLUTION NO. 2002 — 78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL PARCEL MAP FOR SHERYL LANE NORTH OF 16TH STREET, AND ACCEPTING A DEDICATION OF PROPERTY FOR PUBLIC RIGHT-OF-WAY PURPOSES WHEREAS, on May 7, 2001, the Planning Commission adopted Resolution No. 14- 2001, approving the tentative subdivision map for Sheryl Lane, north of 16th Street; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the final subdivision map for Sheryl Lane north of 161" Street is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. BE IT. FURTHER RESOLVED, that the portion of the property offered for dedication known as Sheryl Lane north of 161 Street is hereby accepted for public right-of-way purposes. PASSED and ADOPTED this 4th day of June, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PARCEL MAP NO. ClERS CERTIFICATE_ WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF, OR ARE INTERESTED IN, THE LAND EMBRACED WITHIN THIS PARCEL MAP, AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 3 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. WE HEREBY DEDICATE TO THE PUBLIC SHERYL LANE FOR PUBLIC STREET PURPOSES AS SHOWN ON SAID A MUNICPALHEPCORPORATION,BY GRANT OTHE CITY OF E EASEMENTS WITH NATIONAL CITY, THE TIGHT INGRESSOFAND EGRESS FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGEANA CE D SEWER FACILITIES AND DRAINAGE AIITHNTHE RIGHTCHANNELMAINTENANCE ETO CONSTRUCT AND MAINND TPE TAIN RIGHTS, SLOPE ANDER EMBANKMENT AND FACIUTES INCIDENTAL THERETO ALL AS SHOWN TON THIS MAP HE OWNER OFTHEFEE THINTHI S UNDERLYING SA DSUBDIMSION;E VINGREASEMENT H RE N TO GRANTED THE CONTINUED USE OF THE SURFACE OF SAID REAL PROPERTY: AND SUBJECT TO THE FOLLOWING CONDITIONS: THE ERECTING OF BUILDINGS. MASONRY FENCES, MASONRY WALLS AND OTHER STRUCTURES. OR THE PLANTING OR GROWING OF TREES OR SHRUBS OR CHANGING THE SURFACE GRADE: OR THE INSTALLATION OF PRIVATELY DARED PIPELINES SHALL BE PROHIBITED UNLESS AN ENCROACHMENT PERMIT IS FIRST OBTAINED FROM THE CITY ENGINEER PURSUANT TO THE MUNICIPAL CODE. ALL AS SHOWN ON SAID PARCEL MAP. VELOPMENT COMMISSION OF TIE CITY OF UBUQ CORPORATION BY: IV(iUX^' `iT^Y A BY: TITLE E%a'NTV< DIRSCTPT2, TITLE SAN DIEGO HABITAT FOR HUMANITY, INC. A CAUFORNIA NON-PROFIT CORPORATION BY: 'D.AL«1+MOd� TAc• A:AcAARL- TITLE COLE FRY, A SINGLE MAN COLE FRY UNITED TITLE SUNDR DEED OF RECORDED FEBRUARY 15. 2002UAS DOC. STEE NO. 2002-013 531 1T OF OFFICIAL RECORDS. BY: BY. TI VP TITLE£JV ALGERT ENGINEERING, INC. 428 BROADWAY CHUI.A VISTA, CA. 91910 TEL. (619) 420-7090 VAX. (619) 420-9139 JN 5791 emetada.SMILINEE PARCEL MAP GUARANTEE PROVIDED BY: FIRST AMERICAN TITLE INSURANCE COMPANY ORDER ND. 1233748-6 DATED: MARCH 22. 2002 INSURES THAT ALL PARTIES HAVING AN INTEREST IN THE SUBDIVIDED LAND, AND WHOSE SIGNATURES ARE NECESSARY FOR THE RECORDATION OF THIS PARCEL MAP ARE SIGNATORIES TO THIS MAP. STATE OF CAUFORNIA COUNTY OF SAN DIEGO) 55. ON 41^//- 200a, BEFORE ME, A NOTARY PUBIJ�NAND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED • 1 PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (Si WHOSE NAME(S) IS/ARE SUBSCRIBED TO WHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITYCCIES), AND THAT BY OR HIS/HER/THEIR I PONGREHALF SIGNATURE(S) WHICON H EINSTRUMENT THE PERSON(S)E ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL n MY MMPGLSA •. /Zg023� MY COMMISSION EXPIRES ON 200 PRINTED NAME OF NOTARY PRINCIPAL PLACE OF BUSINESS }N COUNTY STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO SS. ON APk/L 23, zoo Z BEFORE ME, A NOTARY PUBUC IN AND FOR SAID COUNTY AND STATE. PERSONALLY APPEARED TNoMAA A act u, a,p PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON (B) WHOSE NAME(S) IS/ARE SUBSORIBED TO WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE SHE)/THEY EXECUTED HIS/HER/THEIRTHE SAME IN , AND THAT BY I SIGNRATURE(S) ONEIR THEINSTRUMENT TEA PERSON(S). OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED TIDE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE: --- I2G 96 SZ, MY COMMISSION EXPIRES ON ,TIP Ly 2 200Y PRINTED NAME OF NOTARY SrEPNAAI/E / Rocs PRINCIPAL PLACE OF BUSINESS SAN D/6641 COUNTY STATE OF CAUFORNIA COUNTY OF SAN DIEG 55. ON NAA4 14, We2 BEFORE ME, A NOTARY PUBUC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED PAUL D65Rc0HWRS PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON AND (S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THEWITHIN SAME INMHS/HER/'HEIR AUTHORZED CAPACITYTO ME THAT (/IIEES)., AND THAT BYA OR THE HIS/HER/THEIR SIGNATURE(S)UPONBE BEHALF OWHICON HTHETRUMENTPERSON(S) ACTEDE . EXECUTED THE INSTRUMENT. WITNESS MY H/II)US'P, A)Jp AND OFFICIAL SEAL SIGNATURE: l w 130�321 MY COMMISSION EXPIRES ON CI,UNE 12 ,Z0b6 200$ PRINTED NAME OF NOTARY AI`IGi6UCA MACl/S PRINCIPAL PLACE OF BUSINESS SAN DI664) COUNTY STATE OF CALIFORNIA COUNTY OF SAN DIEG SD. ON .Zl MB.T_ 0 - BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY ANC STATE, PERSONALLY APPEARED M,tuHP EW(5T + IAMBS CGYSTAMi -- PERSONALLY KNOWN TO ME (OR PROVED TO ME ON TIE BASIS OF SAR'FACTNY EVIDENCE) TO BE THE PERSON (S) WHOSE NAME(S) IBARE SUBSCRIBED TO WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY DEWED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IESEE)), AND THAT BY HITHE ENTITY UPON BEHALF SIGNATURE(S)/THEIR WHICH ON EINSTRUMENT TiE PERSON(S) ACTED, SPERSCtECOED THE INSTRUMENT. WITNESS MY HAND ,�AND �� OFFICIAL SEAL �� SIGNATURE: `"II^��'^^P.8 AA444 MY COMMISSION EXPIRES ON ll-l9-01... 2D0? PRINTED NAME OF NOTARY CLARICE 14ARl21/ PRINCIPAL PLACE OF BUSINESS SAIV%i/E!e COUNTY TAX CERTIFICATE; I, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MP ACT (DIINSION 2 OF TITLE 7 OF THE GOVERNMENT CODE) OF THE STATE OF CALIFORNIA. AS AMENDED, REGARDING (o) DEPOSITS FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENT COLLECTED AD TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPUED WITH. THOMAS J. PASTUSZKA CLERK OF THE BOARD OF SUPERVISORS BY: DATE: DEPUTY WV, GLORNt WATERS, MAYOR, AND MICHAu DAL -A, CITY CLERK .,F NATIONAL CITY, CAUFORNIA, HEREBY CERTIFY WHAT THE CITY COUNCIL BY RESOLUTION ND, HAS APPROVED THIS PARCEL MAP CONSISTING OF 3 SHEETS AND DESCRIBED' IN THE CAPTION THEREOF, AND HAS ACCEPTED ON BEHALF OF THE PUBLIC PORTIONS OF SHERYL LANE DEDICATED AS SHOWN ON SAID MAP AND THE SEWER EASANDTHE DRAINAGE CHANNEL 'MATHE ORAINAGE INTENANCE CE EASEMENT THE STORM ALL EAASEMENT GRANTED AND SHOWN ON SAID MAP. BY: DATE: GEORGE WATERS, MAYOR NATIONAL CITY, CAUFORNIA BY: DATE: MICHAEL R. DALLA CITY CLERK OF NATIONAL CITY, CAUFORNIA ^SIGNATURE OMISSION STATEMENT THE SIGNATURES OF THE PARTIES LISTED BELOW. HOLDERS OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66438 SUBSECTION a(3)(AXI) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TILE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY: 1. KIMBALL BROTHERS WATER COMPANY. A CORPORATION RECORDED OCTOBER 14, 1869 BOOK 7, PAGE 124 OF DEEDS 2. CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION RECORDED AUGUST 22, 1946 BOOK 2222, PAGE 94 OF OFFICIAL RECORDS 3. STATE OF CAUFORNIA RECORDED FEBRUARY 28. 1969 FILE/PAGE NO. 35843 OF OFFICIAL RECORDS SHEET 1 OF 3 SHEETS PARCEL MAP OF A PORTION OF BD ACRE LOT 2 IN QUARTER SECTION 129 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, TO MAP 115fi ON FILE IN DIE FOFFICE OFI THE COUNTY ORECORDR OFSAID NO. COUNTY. ENGINEER'S STATEMENT I, JAMES H. ALGERT, A LICENSED CIVIL ENGINEER IN THE STATE OF CABYMEORAUNDERBY CERTIFY MY DIIRECTIONAT & ISIS PARCEL MAP WAS PREPARED BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT & LOCAL ORDINANCE AT THE REQUEST OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON OCTOBER 15, 2001, I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. AND THAT ALL MONUMENTS ARE OF CHARACTER INDICATED AND OCCUPY TIE POSITIONS SHOWN AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 2). 2 AMES H. GERT, E 19073 MY REGISTRATION E PIRES 9-30-2005 OZ No.0 0313 I 9.t0.05 I CITY ENGINEER'S CERTIFICATE I HEREBY STATE THAT THIS PARCEL MAP DOES NOT APPEAR TO BE A MAP OF A PURSUANT TO MAJOR SECTIONSUBDIVISION 68426 OF THE ICH A FINAL MAP IS SUBDIVISON MAP AREQUIRED CT. FURTHER STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP AND APPROVED ALTERATIONS THEREOF AND THAT ALL PROVISIONS OF DIVISION 1 OF T1LE 8 OF THE SAN DIEGO COUNTY CODE HAVE BEEN COMPUED WITH. THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE MAP ACTHAVE EXAMINED THISMAP BANDSION AM SATISFIED ORDINANOCAL CE. S TECHNICALLY CORRECT. BURTON S. MYERS. RCE 24928 CITY ENGINEER DATE RECORDER'S STATEMENT FILE Na. FILED THIS_DAY OF 2002 AT __.M. IN BOOK OF PARCEL MAPS AT PAGE AT THE REQUEST OF JAMES H. ALGERT. GREGORY J. SMITH BY: COUNTY RECORDER DEPUTY COUNTY RECORDER EE, S12.00 PM 00-05 PD. 3/4" IRON PIPE & DISC "RCE 19073- PER P.M. 5478 h LL :1 LI L. PLAZA) BLVD FO. 2" IRON PIPE & 1� DISC "CITY ENGINNER' PER MAP 8837, P.M. 5478, & P.M. 13257 ,u DOWN 2' DEEP o (\ { 9'95"ET-- 9300'�N8' Z7 o, .� SEE SHT. 3 PARCEL 2 GROSS AREA=20,974 SF NET AREA=10,037 SF 1 __N82'18'S0"E(R) N700244E 139.31' SEE SHT. 3 FOR BRCS AND DIST. PARCEL 1 GROSS AREA=9,273 SF NET AREA=9,157 SF N71'59'05"E 174.02' DATA TABLE 01 Lk14'35'08" R=48' L=12.22' 2Q N18'00'55'W 6.00' >J CR. WiY "J/2 FIT. 3/4" IRON PIPE (OPEN) ACCEPTED HEREON AS PARCEL CORNER PER P.M. 5478 971'59'05"E 443.42' (443.25') 12.47 LOT _ D RANCHO DE LA NACJOIN FOR DETAIL OF EASEMENTS & CUL—DE—SAC ON SHERYL LANE SEE SHEET 3 � AI.G9/raIVAY .R . 91910 l' NM02Y BNL;At O C (619) •io-fp)n (bin) 03o-B.9 JN 5791 50' PAR 316.42' [ 16.25') PARCEL 3 ti Q°PGROSS AREA=18.51B SF i e� ('OD NET AREA=8,040 SF ° ids, E (R1 N71'59'05'E 94.412' 2.00', 18% Q'S5"W n 1 R NJ AS DD.G 195.00' SEC. 'J2g 6 PLAZA BLVD FD. LEAD & DISC ftCE 19073- IN CONCRETE PER P.M. 5478 GROSS AREA=14,031 SF NET AREA=8,364 SF N71.5905E 130.00 17"44' 8'W EASEMENT NOTES EXISTING 10' SEWER EASEMENT TO CITY OF NATIONAL CITY BOOK 2222, PAGE 94, O.R. LLTT RECORDED AUGUST 22, 1945 & PORTION OF SHERYL LANE DEDICATED HEREON ® SEWER EASEMENT GRANTED HEREON Q STORM DRAIN EASEMENT GRANTED HEREON ABBUTER'S RIGHT OF INGRESS OR EGRESS REUNOUISHED TO STATE OF CALIFORNIA FILE/PAGE 35843, OR. RECORDED FEBRUARY 28, 1959 A DRAINAGE EASEMENT GRANTED HEREON %t, DRAINAGE CHANNEL MAINTENANCE ACCESS EASEMENT LL PROPOSED PRIVATE ROAD AND PUBUC UTILITY EASEMENT VICINITY MAP NO SCALE ED. 1' IRON PIPE & DISC "DIV. OF HOTS." PER M.S. 773 & P.M. 5478 /93 "s 0 4 SHEET 2 OF 3 SHEETS BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PARCEL MAP IS THE NAG 83, ZONE 6, GRID BEARING BETWEEN '3239" LS. 2717 DISC AND "3243' LS. 2813 DISC PER RECORD OF SURVEY 14492, I.E. NOD'56'55"W, AND THEIR BASIS IS THE CAUFORNIA COORDINATE SYSTEM NAP 53. PT ON E'LY UNE OF W 1/2 OF LOT 2 (SEE L.0.45053-I)_. N71'59'05'E 219.45' <219.452> LEGEND • INDICATES FOUND MONUMENT AS NOTED 0 INDICATES SET 3/4" 18" IRON PIPE & DISC "RCE 19073" INDICATES SET STREET SURVEY MONUMENT PER RED M-10 ) INDICATES RECORD DATA PER P.M. 5478, UNLESS OTHERWISE NOTED [ I INDICATES RECORD DATA PER MAP 8837 < > INDICATES RECORD DATA PER M.S. 773 OR L.O. 45053-1 NOTE: EASEMENT OR RIGHT-OF-WAY FOR FLUMES, CANALS OR AQUEDUCTS TO KIMBALL BROTHERS WATER COMPANY RECORDED JUNE 9, 1869 IN BOOK 7, PAGE 124 OF DEEDS IS A GENERAL EASEMENT WITH NO LOCATION SET FORTH AND CANNOT BE PLOTTED ON THIS MAP. CONVERGENCE ANGLE AT STATION "3239" SCALE: 1 "=30' N71'59'05"E 185.86' 113.06' A / 29 gS INp5 NgT / _ 55,87' N 1'59;5"E 93.00' Ali Wes. PARCEL 2 PARCEL 1 DETAIL "A" EASEMENTS AND SHERYL LANE N10'46'30"' 73 N59'14.007'1lj"W(R) p=36423'50 L=32.17' .A 17'30' R=48.Oq L=14.67 2.38 5.16 z.. N64'46'14E(8) 67.62 SCALE: 1" = 20' CONVERGENCE ANGLE AT STATION "3239" ®u04RB.CY�oR Ns durernl wA �ieiet`i o-eiae JN 5791 DATA TABLE 10 N5917'20"W 13.30' 2 ZIR2'3728" 48' L=20.63' 3 N87'02'20"W 47.61' C) L=16'38'67" R=48' L=13.95' ® N18'00'55'E PA 6 35.D3' PARCEL 3 C2 70.00' 5715 \ N]i'59'OS"E \ \ EASEMENT NOTES 1Q EXISTING 10' SEWER EASEMENT TO CITY OF NATIONAL CITY B00K 2222, PAGE 94, O.R. RECORDED AUGUST 22. 1946 ,L PORTION OF SHERYL LANE DEDICATED HEREON 3Q SEWER EASEMENT GRANTED HEREON STORM DRAIN EASEMENT GRANTED HEREON © ABBUTER'S RIGHT OF INGRESS OR EGRESS RELINQUISHED TO STATE OF CALIFORNIA FILE/PAGE 35843, O.R. RECORDED FEBRUARY 26, 1969 6Q DRAINAGE EASEMENT GRANTED HEREON 0 DRAINAGE CHANNEL MAINTENANCE ACCESS EASEMENT Q PROPOSED PRIVATE ROAD AND PUBLIC UTILITY EASEMENT 25' oG 0 NIB'00'S'5"E(R) 6.00N a BASIS OF BEARINGS SCALE 1"=400' SHEET 3 OF 3 SHEETS STATION "3239" FD. LEAD & BRASS TAG "LS. 2717" IN CURB PER R. OF S. 14492 N 1,827,238.00 E 6,303,416.62 B4SQ Op 6egR/N LC) �3. OS) O 6Js 1,,, of 3� I \0 _ NT'S9'0�"E \ Iu-En n N688. 'E ne UNE N 1 %- STATION "324 FD. LEAD & BRASS TAG = L.S. 2813" PER R. OF S. 14492 N 1,826,876.06 5 E ,305,689.69 { City of National City, California COUNCIL AGENDA STATEMENT eETING DATE JUKE 4, 2002 AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION AUTHORIZING A CONTRACT RENEWAL FOR THE MAINTENANCE OF THE POLICE DEPARTMENT'S 800 Mhz COMMUNICATION SYSTEM SKIP DiCERCHIO DEPARTMENT CHIEF OF POLICE PREPARED BY POLICE EXPLANATION Bid #GS9293-2 for the installation and maintenance of the Police Department's 800 Mhz system was awarded on 8/17/93, via resolution #93-123. The award was for a one-year contract with three one-year renewal options which expired in 1997. Renewed via resolution 97-31 from 1997-6/30/99. Renewed via Resolution 99-78 from 7/1/99-6/30/00. Renewed via Resolution 2000-70 from 7/1/00-6/30/01. Renewed via Resolution 2001-59 from 7/1/01-6/30/02 Due to the complexity of this contract, the excellent service and response times provided by Day Wireless Systems, and the good working relationships with the vendor, the affected departments are in favor of a contract renewal. Council authorization is requested for a one-year renewal (to expire 06/30/03), under the existing terms and conditions. The value of the contract is $19,930.44 per year. A yearly increase of $1,511.28 is due to added maintenance cost of our older radio trunking system. Per purchasing Ordinance No. 1480, section 12a(4), the bidding requirements may be waived when the City Council determines that due to special circumstances, it is in the City's best interest to enter into a contract without compliance with the bidding procedure. Give the excellent working relationship with the vendor, staff recommends that the bidding requirements be waived. The Vendor, Day Wireless Systems is agreeable to the renewal per the attached memo. Environmental Review X N/A Financial Statement Funds are budgeted in the Police FY 02/03 budget Account No. STAFF RECOMMENDATION Approve the Resolution, and authorize the Purchasing Agent to issue the resulting purchase order. BOARD 1 COMMISSION RECOMMENDATION ITTACHMENTS (Listed Below ) Vendor statement Service Agreement Resolution A-200 (9/80) Resolution No. RESOLUTION NO. 2002 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT RENEWAL WITH DAY WIRELESS SYSTEMS FOR MAINTENANCE OF THE POLICE DEPARTMENT'S 800 MHz COMMUNICATION SYSTEM WHEREAS, the Purchasing Agent of the City of National City did in open session on August 4, 1993, publicly open, examine and declare all sealed proposals or bids for installation and maintenance of the Police Department's 800 MHz system; and WHEREAS, the City Council of the City of National City awarded said contract to Motorola, pursuant to Resolution No. 93-123 on August 17, 1993; and WHEREAS, Motorola assigned the City's service agreement to U.S. Wireless, and U.S. Wireless has since assigned the City's service agreement to Day Wireless Systems; and WHEREAS, the original service agreement was for a period of one year with options to renew for three additional one year periods, the last of which will expire June 30, 2002; and WHEREAS, the annual cost of the agreement renewal is $19,930.44 which reflects a yearly increase of $1,511.28 due to the added maintenance cost of the older radio trunking system; and WHEREAS, due to the complexity of the service agreement and the excellent service provided by Day Wireless Systems, the affected City departments and the vendor are in favor of an additional one year renewal of the agreement under the existing terms and conditions; and WHEREAS, the City Council has determined that special circumstances exist, and that it is in the City's best interest to waive the bidding requirements pursuant to the provisions of Section 2.60.220(D) of the National City Municipal Code. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a renewal of said service agreement with Day Wireless Systems for an additional one (1) year period, to expire June 30, 2003, at a cost of $19,930.44 per year. Said service agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of June, 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney DAY WIRE" 'SS SYSTEMS SERVICE P 'REEMENT dba: US Mor...s Wireless Communications, Inc. 9670 Waples Street DATE 5/1/2002 San Diego, CA 92121 619-452-6250 Fax: 619-450-6412 CUSTOMER NAME: City of Nat'L City -Police DEPT CUSTOMER #: NATI 40 ATTN: ACCOUNTS PAYABLE BILLING ADDRESS: 1243 National City BLVD CITY: National City SATE: CA CONTRACT START DATE: 7/1/2002 YES ZIP 91950 AUTO RENEWAL: NO CUSTOMER/AGREEMENT: CUSTOMER CONTACT: Dave Noteware-Support Services Manager TELEPHONE #: 619-336-4509 EXPIRATION DATE: 6/30/2003 FAX:619-336-4525 PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED BY US MOBILE WIRELESS, THE EQUIPMENT ON THE CUSTOMER/AGREEMENT ORDER REFERENCED ABOVE`MLL BE SERVICED BY U S. MOBILE WIRELESS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS, BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE, ANTENNA, TOWER OR TOWER LIGHTING UNLESS PLACEUI- SL'RVICL MUN I HLY SVC AMUUN I SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. MODEL NUMBER/SERIAL NUMBER/DESCRIPTION CUSTOMER LOCATION DRIVE.IN SEC CIA MAILIN PER UNIT EXTENDED EXCLUDING HOLIDAYS. QTY 3 *Centracom II control consoles x 56.50 169.50 3 *Hi tech Support -control consoles x 56.27 168.81 An annual preventive maintenance inspection is included in this contract and is to be 4 "MSF5000 Repeaters x 46.00 184.00 scheduled by a representative of the Police DEPT. 4 *Hi tech-MSF5000 x 46.86 187.44 1 *SmartNet Controller included SMT x 92.50 92.50 This includes all and labor with the exception of antennas, batteries, cables, contract parts 1 "Hi Tech system support -controller x 56.27 56.27 programming, physical abuse and water/chemical damage. 1 Desktrac base station. x 12.50 12.50 50 Spectra W7 mobiles x 6.00 300.00 * Denotes that this equipment is covered under 24/365 3 Spectra motorcycle mobiles x 6.00 18.00 56 Saber SI portables x 6.00 336.00 1 Spectra control station x 8.00 8.00 3 Saber portables w/DVP encryption x 6.00 18.00 [ x ] NEW [ ] RENEWAL AGREEMENT AGREEMENT# 2 PX300 portables w/DVP encryption x 6.00 12.00 1 Desktrac repeater.(Plaza Bonita) x 12.50 12.50 10 Astro W3 spectra portables x 6.00 60.00 Additional tens, definitions and conditions OMB SERVICE AGREEMENT ere printed on the reverse side. AUTHORIZED CUSTOMER SIGNATURE/P.O.e TITLE DATE IS P.O. REQUIRED? LX.J YES, ATTACH P.O. I 1 NO ��(858) 452-6250 � PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY Lj YES, ATTACH EXEMPT I. 1 SEMI-ANNUALLY CERTIFICATE Lxi QUARTERLY Lxi NO [ [ MONTHLY (AFT) r T rm.. = rSPFCIFY IN SPFCIAL INSTRUCTIONS) TOTAL PER MONTH $1,635.52 TAXES AXES 25.35 TOTAL $1,660.87 'ERVICE REPRESENTATIVE (SIGNATURE) TELEPHONE # Joe Carrillo (858) 452-6250 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (PRINT NAME) CELL PHONE # DAY WIRELESS SERVICE AGREEMENT TERMS AND CONDITIONS 1. DEFINITIONS "DWS" shall mean Day Wireless Systems Inc.; "Customer" shall mean the customer named in the Agreement, and "Product" shall collectively mean the Equipment and Software which DWS and Customer agree to be serviced pursuant to this Service Agreement Such Product is listed on the front of this Agreement 2. ACCEPTANCE The terms and conditions set forth on this Agreement is an offer to purchase Service by Customer which shall become a Service Agreement when acknowledged in writing by DWS's Service Departure] it; and the banking, negotiation or other use of any payment shall not constitute an acceptance by DWS. It is agreed that Service shall be provided only on the terms and conditions contained in this Agreement. DWS shall not be bound by terms and conditions in Customer's purchase order or elsewhere unless expressly agreed to in writing. Upon acceptance by DWS's Service Department, DWS's interest in the Agreement is assigned to DWS, Inc. 3. SERVICE DEFINED a. DWS agrees to provide service for the Customer for the Product listed on the front side of this Agreement Such Products shall be serviced according to the terms and conditions on the front and reverse side of this Agreement ('Service'). The Service shall begin and end on the dates set forth on the front side of this Agreement DWS shall also Service other Product purchased by customer during the term of this Agreement on the same terms and conditions set forth in this Agreement at the then current service fees for such Product. Upon delivery of such other Product to Customer, service fees for Service of such other Product shall be added to the billing cycle following expiration of the labor warranty on such other Product. In the event of loss, damage, theft or removal from Service of any Product, Customer shall immediately report the loss, damage, theft or removal in writing to DWS. In this event, Customer's obligation to pay service fees with respect to any such Product shall terminate at the end of the month in which DWS received such written report. b. Mobile Product shall be'removed and reinstalled in different vehicles at Customer's request for the service fee in effect at the time of Customer's request c. This Agreement does not include service of any transmission line, antenna, tower or tower lighting, unless such work is described on the front side of this Agreement Service shall include the labor and parts required to repair Product which has become defective through normal wear and usage. This does not include consumables and their installation Service does not include the repair or replacement of Product which has otherwise become defective, including, but not limited to, damage caused by accidents, physical or electronic abuse or misuse, acts of God, fires or other casualty. Service performed for non -covered repairs shall be billed at DWS's above contract rate applicable for such Service. Product under contract must be maintained in environmental conditions as set forth in the Product specifications and damage resulting from environmental conditions not conforming to the specifications is not covered by this Agreement d. Where telephone lines and Product are used in conjunction with DWS maintained Product, DWS shall have no obligation or responsibility for such telephone lines or Product but shall, upon request, assist the Telephone Company in repairing such upon payment at the appropriate above contract rate. e. Customer shall indicate on the front side of this Agreement any Product which is intrinsically safe so that appropriate parts and procedures may be used to maintain such status. f. At the expiration of twelve (12) months after the commencement of Service hereunder (or any time thereafter), if Product cannot in DWS's opinion be properly or economically repaired, because (but not limited to) excessive wear, deterioration or unavailability of parts, DWS at its sole option, upon thirty (30) days prior written notice to Customer sent by certified mail, may either. (1) remove such Product from this Agreement; or (2) may increase the price to Service such Product. Customer shall have thirty (30) days from receipt of notice of price increase to object to such increase. If Customer properly objects to such increase, DWS shall then have the option to remove such Product from coverage by this Agreement Customer's obligation to pay Service fees with respect to Product removed from this Agreement shall terminate at the end of the month during which such Product is removed. 4. SERVICE STANDARDS. The Product shall be serviced by DWS in accordance with the following standards: (i) DWS parts or parts of equal quality shall be used: (ii) the product shall be serviced at levels set forth in DWS's product manuals; and (iii) routine service procedures prescribed from time to time by DWS for its Product shall be followed. 5. TIME AND PLACE OF SERVICE. Service shall be done at the location specified on the front side of this Agreement Where Service is to be performed at the location of the Product, Customer shall furnish shelter, heat, light and power at these locations. Cue oemr shall notify DWS immediately of Product failure, allow DWS full and free amass to the Product, and cooperate fully with DWS in DWS's servicing of the Product Waiver of liability by DWS against Customer or other restrictions shall not be imposed by Customer as a site access requirement Customer shall allow DWS full and free access to the Product Customer shag allow DWS to use necessary machines, communications, facilities, features and other product (except as normally supplied by DWS) at no charge. Mobiles and removable Product shall be delivered by Customer to the DWS Service Center indicated on the front side of this Agreement. 6. PAYMENT/TAXES On or about the date each payment is due as set forth on the front side of this Agreement, DWS shall send Customer an invoice covering the Service fees for the next Payment Period. At other charges shall be billed monthly, and the Customer shall pay the amount of each invoice within ten (10) days of its date to the DWS office designated by DWS. Each invoice shall be due and payable whether or not the Product is operating, and DWS may terminate this Agreement by giving Customer ten (10) days notice by certified mail if Customer defaults in its payment to DWS. Customer shall reimburse DWS for all piupe,ty taxes, sales and use taxes, excise taxes, and other taxes or assessments now or hereafter imposed by authority of any Federal, State or Local law, rule or regulation with respect to the Service of the Product except Federal income and profit taxes of DWS and State income and franchise taxes of DWS. 7. RIGHT TO SUBCONTRACT. DWS shall have the right to subcontract in whole or in part the Service called for by this Agreement DWS shall notify Customer of the name and address of each subcontractor. 8. REVISION OF FEES. Prior to an Anniversary of the "Expiration Date" indicated on the front side of this Agreement, DWS may revise the Service fees set forth on the front side of this Agreement by giving Customer written notice of the amount of the increase at least sixty (60) days in advance of that Anniversary date. Upon receipt of any such notice, Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to DWS sent by certified mail to the address indicated in this Agreement; otherwise the new fees shall become effective on the Anniversary date . In the event of such termination, all accrued and unpaid charges shall be due and payable immediately upon termination. 9. AUTOMATIC RENEWAL If Automatic renewal is selected on the contract, after the Expiration Date indicated on the front side of this Agreement, this Agreement shall continue for successive additional periods of one year, provided that either DWS or Customer may terminate this Agreement on the Expiration Date or any Anniversary of it upon thirty (30) days prior written notice to the other party sent by certified mail to the address indicated in this Agreement 10. INTERRUPTION OF SERVICE. Customer shall notify the servicing agency in the event of the failure of any Product. If the servicing agency fails to repair the Product within a reasonable time, Customer shall notify the DWS office designated by DWS. After said notice from Customer to the servicing agency and to the DWS office designated by DWS, DWS shall be liable for any interruption of interference affecting the use or transmission through the Product maintained to the extent of a pro rate allowance based on the monthly service fee for the time such interruption or interference is attributable to the fault of DWS or its subcontractor. DWS does not assume and shall have no liability under this Agreement for failure to provide or delay in providing service for Product due directly or indirectly to causes beyond the control of DWS, including, but not restricted to, acts of God, acts of the public enemy, acts of the United States, any State, Territory of the United States, or any political subdivision of the foregoing, or the District of Columbia, acts of failure to act of the Customer, its agents, employees or subcontractors, fires, floods, casualty, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather conditions or defaults of DWS subcontractors due to any such causes. 11. WARRANTY LIMITATIONS, EXCEPT AS SPECIFIED IN THIS AGREEMENT, DWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NI) EVENT SHALL DWS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. 12. FCC AND OTHER GOVERNMENT MATTERS. Although DWS may assist in preparation of the FCC license application, Customer is solely responsible for obtaining any licenses or other authorizations required by the Federal Communications Commission ("FCC") or any other Federal, State or Local governmental agency. Customer is solely responsible for complying with applicable FCC rules and regulations and the applicable rules and regulations of any other Federal, State or Local governmental agency. Neither DWS nor any of its employees is an agent of Customer in FCC or other governmental matters. DWS, however, may assist in preparation of the FCC license application at no charge to Customer. 13. ENTIRE AGREEMENT. Customer acknowledges that it has read and understands the terms and conditions of the Agreement and agrees to be bound by them, that it is the complete and conclusive statement of the agreement between the parties, and that this Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof and all understandings and agreements oral and written, heretofore made between DWS and Customer, are merged in this Agreement which alone fully and completely expresses their agreement. 14. AMENDMENT. No modification of or additions to this Agreement shall be binding upon DWS unless such modification is in writing and signed by the DWS Service Manager authorized to make such revisions and an act ,wilted agent of Customer. 15. VALIDITY. If any term or provision of this Agreement shall to any extent be held by a court or other tribunal to be invalid, void or unenforceable, then that term or provision shall be inoperative and void insofar as it is in conflict with law, but the remaining terms and provisions of this Agi ear nt shall nevertheless continue in full force and effect and the rights and obligators of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid, void or unenforceable. 16. HEADINGS. Section and paragraph headings used in this Agi cement are for convenience only and are not to be deemed or construed to be part of this Agreement 17. LAW. THIS AGREEMENT AND THE RIGHTS AND DUTIES OF THE PARTIES SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA 18. ASSIGNMENT. No assignment or transfer, in whole or in part, of this Agreement by Customer shall be binding upon DWS without its prior written consent 19. WAIVER. Failure or delay on the part of DWS or Customer to exercise any right, power or privilege under this Agreement shall not operate as a waiver of any right, power or privilege of this Agreement. 20. TIME TO SUE. Except for money due upon an open account, no action shall be brought for any breach of this Agreement more than two (2) years after the accrual of such cause of action except where a shorter limitation period is provided by applicable law. City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE June 4, 2002 AGENDA ITEM NO. 6 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONTINUING EXAMINATION OF SALES AND USE TAX RECORDS PREPARED BY Marylou Matienzo DEPARTMENT Finance EXPLANATION The City received a letter from the State Board of Equalization (SBOE) requesting our assistance in updating their records regarding the disclosure to National City confidential sales and use tax information. Revenue & Taxation Code Section 7056 restricts the release of confidential sales and use tax information to officers or employees of the city unless designated by a council resolution. Due to staff turnovers, SBOE is requesting to amend Resolution 91-185, dated September 17, 1991, on file with the Board of Equalization. An updated new resolution will authorize the release of allocation and registration informa- tion both to the city and the Community Development Commission per Resolution 98-83, dated July 14, 1998. All persons who have access to confidential sales and use tax must also be authorized by this resolution. Designation will also be by position/titles rather than by individuals to provide for the automatic transfer of Section 7056 authority when personnel changes occur Environmental Review N/A Financial Statement Approved By: / ?) / /c Finance Director, No fee, update of authorized personnel only Account No. STAFF RECOMMENDATION Staff recommends adopting the resolution to update authorized staff BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 2002-80 Proposed Resolution Resolution 91-185, Resolution 98-83 A-200 (9 99) RESOLUTION NO. 2002 — 80 RESOLUTION OF THE CITY COUNCIL OF THE CITY ON NATIONAL CITY AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS WHEREAS, pursuant to Ordinance No. 91-185, the City of National City entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of National City deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the City Manager and Finance Director, or other officer or employee of the City designated in writing by the City Council to the State Board of Equalization (hereinafter referred to as "Board"), is hereby appointed to represent the City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. Section 2. That the City Manager and Finance Director, or other officer or employee of the City designated in writing by the City Council to the Board, is hereby appointed to represent the City with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: a) Collection of local sales and use taxes. b) Municipal revenue forecasting and verification. c) Comparing business licenses issued by National City to sellers permits issued by the State Board of Equalization. The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. Section 3. That HdL Companies is hereby designated to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board. The person or entity designated by this section meets all the following conditions: Resolution No. 2002 — 80 June 4, 2002 Page Two a) has an existing contract with the City to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized under Sections 1 and 2 of this resolution to examine the information. c) is prohibited by that contract from performing consulting services for a retailer during the term of the contract; and d) is prohibited by that contact from retaining the information contained in, or ,derived from those sales and use tax records, after that contract has expired. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board, and for purposes relating to the governmental functions of the City listed in Section 2 of this resolution. Section 4. That this resolution supersedes National City Resolution No. 91- 185 of the City Council of the City of National City adopted pursuant to subdivision (b) of Revenue and Taxation Code Section 7056. PASSED and ADOPTED this 4th day of June, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 91-185 RESOLUTION OP THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HINDERLITER, DE LLAMAS AND ASSOCIATES FOR SALES TAX AUDIT AND INFORMATION SERVICES, AND AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. The Mayor is hereby authorized to enter into an agreement with Hinderliter, De Llamas and Associates for Sales Tax Audit and Information Services. Said agreement is on file in the Office of the City Clerk. Section 2. The following City officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: City Manager: Tom McCabe Finance Officer: Alex Caloza, Jr. Section 3. The following independent contractor for the City of National City is hereby also authorized to receive and review sales and use tax data received from the State Board of Equalization: Hinderliter, de Llamas & Associates: Robert Hinderliter, Principal Lloyd de Llamas, Principal Section 4. The City of National City hereby certifies that Hinderliter, de Llamas & Associates: A. Has, pursuant to this Resolution, a current confidentiality agreement with the City to receive sales and use tax records; and B. Is required by that agreement to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is autho- rized by this Resolution to examine the infor- mation; and C. Is prohibited by that agreement from perform- ing consulting service for a retailer during the term of that agreement; and Continued on Page Two Resolution No. 91-185 Page 2 D. Is prohibited by that agreement from retaining the information contained in, or derived from those sales tax records, after that agreement has expired. Section 5. Information obtained by examination of board of records shall be used only for purposes related to the collection of local sales and use taxes by the Board for municipal revenue forecasting and verification. Section 6. This Resolution supersedes all previous authorizations. Section 7. The City Clerk shall certify o the adoption of this Resolution and send forward a certified copy to: State Board of Equalization 2014 "T" Street, Suite 220 Sacramento, CA 95814 Attention: Jim Munekawa PASSED and ADOPTED this 17th day of September, 1991. George N. Waters, Mayor ATTEST: JJJ111((((LLLp /rp Lo iAA Peoples i�o� City Clerk APPROVED AS TO PORN: George Y_. E ser, III City Attorney 1 AGREEMENT FOR SALES TAX AUDIT AND INFORMATION SERVICES This Agreement is made and entered into as of the 17th day of September ,1991 by and between the CITY OF NATIONAL CITY, a municipal corporation hereinafter called CITY, and HINDERLITER, DE LLAMAS AND ASSOCIATES a California Corporation, hereinafter called CONTRACTOR. RECITALS WHEREAS, sales tax revenues can be increased through: a system of continuous monitoring, identification and correction of "point of sale" allocation errors and; WHEREAS, City desires to provide for the examination of its sales tax allocations and receipts to ensure that "point of sale" is being properly recorded to City and to recover revenues erroneously allocated to other jurisdictions and allocations pools; and WHEREAS, Contractor has the programs, equipment and personnel required to deliver the sales tax services referenced herein; THEREFORE, City and Consultant, for the consideration hereinafter described, mutually agree as follows: SERVICES The Contractor shall perform the following services: A. Contractor shall conduct a sales tax audit in order to identify and correct "point -of -sale" distribution errors and thereby generate previously unrealized sales tax income for the City. Common errors that will be monitored and corrected include: transposition errors resulting in misallocation; erroneous consolidation of multiple outlets; misreporting of "point of sale" from the wrong location; delays in reporting new outlets; misidentifying transactions as a 'lase tax" rather than a "sales tax," and erroneous fund transfers and adjustments. B. Contractor will initiate contacts with the appropriate sales management and accounting officials in companies that have businesses where a probability of error exists to verify whether current tax receipts accurately reflect the local sales activity. Such contracts will be conducted in a manner to encourage local business retention and expansion. C. Contractor shall prepare and submit to the Board of Equalization all information necessary to correct any allocation errors that are identified and shall follow-up with the individual businesses and the State Board of Equalization to ensure that all back quarter payments due the City are recovered. D. If during the course of its audit, Contractor finds businesses located in the City that are properly reporting sales tax but have the potential for modifying their operation to provide an even greater share to the City, Contractor will work with those businesses and the City to encourage such changes. CONFIDENTIALITY Section 7056 of the State of California Revenue and Taxation code specifically limits the disclosure of confidential taxpayer information contained in the records of the State Board of Equalization. This section specifies the conditions under which a City may authorize persons other than City officers and employees to examine State Sales and Use Tax records. The following conditions specified in Section 7056 (b), (1) of the State of California Revenue and Taxation Code are hereby made part of this contractual agreement A. Contractor is authorized by this Agreement to examine sales and use tax records of the Board of Equalization provided to City pursuant to contract under the Bradley -Burns Uniform Sales and Use Tax Law. B. Contractor is required to disclose information contained in, or derived from, those sales and use tax records only to an officer or employee of the City who is authorized by resolution to examine the information. C. Contractor is prohibited from performing consulting services for a retailer, as defined in California Revenue & Tax Code Section 6015, during the term of this agreement. D. Contractor is prohibited from retaining the information contained in, or derived from those sales and use tax records, after this Agreement has expired. Information obtained by examination of board records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The 3 resolution shall designate the Contractor as a person, authorized to examine sales and use tax records and certify that this Agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code. CONSIDERATION A. Contractor shall be paid 15% of all new Sales and/or Use tax revenue received by the City as a result of audit and recovery work performed by Contractor (hereafter referred to as "audit fees"). New sales and/or use tax revenue shall not include any amounts determined by City or Contractor to be increment attributable to causes other than Contractor's work pursuant to this agreement. In the event that Contractor is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Contractor's responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state hind transfers received for back quarter reallocations and monies received in the first eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Contractor shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees. Contractor shall obtain City approval prior to beginning the work of correcting tax reporting methodology or "point of sale" for specific businesses where said payment of the percentage fee will be expected. Said approval shall be accomplished by the City Administrator or his designated representative on the Sales Tax Audit Authorization form, a copy of which is attached as "Exhibit A." City shall pay audit fees upon Contractor's submittal of evidence of State Fund Transfers and payments to City from businesses identified in the audit and approved by the City. 4 B. Above sum shall constitute full reimbursement to Contractor for all direct and indirect expenses incurred by Contractor in performing audits including the salaries of Contractor's employees, and travel expenses connected with contacting local and out-of- state businesses and Board of Equalization representatives. CITY MATERIALS AND SUPPORT City shall adopt a resolution in a form acceptable to the State Board of Equalivation and in compliance with Section 7056 of the Revenue and Taxation Code, authorizing Contractor to examine the confidential sales tax records of City. City further agrees to provide any information or assistance that may readily be available such as business license records within the City and to provide Contractor with proper identification for contacting businesses. City further agrees to provide copies of the monthly allocation reports received for the most recent five quarters from the execution of this agreement and to continue to provide copies of future allocation reports on computer readable magnetic media until such time as all audit adjustments have been completed by the State Board of Equalization and percentage reimbursements due the Contractor have been paid. TERMINATION This Agreement may be terminated by either party by giving 30 days written notice to the other of such termination and specifying the effective date thereof. Upon the presentation of such notice, Contractor may continue to work through the date of termination. Upon termination as provided herein, Contractor shall be paid the value of all tax analysis and reporting work performed less payments previously made by City. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to amounts due for any unpaid invoices, and to businesses identified by Contractor which make tax payments after 5 termination of this Agreement as a result of Contractor's work. After City receives said tax payments for such businesses, Contractor shall be paid the audit fees resulting from tax payments made by the business for back quarter reallocations and the fast eight consecutive reporting quarters following completion of the audit by Contractor and confirmation of corrections by the State Board of Equalization. Compensation for any audit work previously authorized and satisfactorily performed shall be made at the times provided in the preceding section entitled"Consideration." All documents, data, surveys and reports prepared by Contractor pursuant to this Agreement shall be considered the property of the City and upon payment for services performed by Contractor, such documents and other identified materials shall be delivered to City by Contractor. INDEPENDENT CONTRACTOR Contractor shall perform the services hereunder as an independent contractor and shall furnish such services in his own manner and method, and under no circumstances or conditions chall any agent, servant, or employee of Contractor be considered as an employee of City. NON -ASSIGNMENT This Agreement is not assignable either in whole or in part by Contractor without the written consent of City. 6 t , ATTORNEY'S FEES In the event a legal action is commenced to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this agreement. CONTROL Neither the City nor its officers, agents or employees shall have any control over the conduct of the Consultant or any of the Consultant's employee's except as herein set forth, and the Consultant expressly agrees not to represent that the Consultant or the Consultant's agents, servants, or employees are in any manner agents, servants or employees of the City, it being understood that the Consultant, its agents, servants, and employees are as to the City wholly independent contractors and that the Consultant's obligations to the City are solely such as are prescribed by this Agreement. COMPLIANCE WITH APPLICABLE LAW The Consultant, in the performance of the services to be provided herein, shall comply with all State and Federal statues and regulations, and all ordinances, rules and regulations of the City of National City whether now in force or subsequently enacted. The Consultant, and its subcontractors, shall obtain a current City of National City business license prior to performing any work within the City. 7 STANDARD PROVISIONS The Consultant will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, marital status, national origin, physical handicap, or medical condition. The Consultant will take affirmative action in insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, 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 Consultant 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. OTHER CONSIDERATION Nothing contained herein shall prevent the Consultant from carrying on its usual business, including the performance of other additional services for the City, should the City desire additional services, nor from performing similar services for other agencies, cities, districts or public or private entities. INDEMNIFICATION Contractor hereby agrees to, and shall bold City, its elective and appointive boards officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from Contractor's willful or negligent acts, errors or omissions or 8 those of its employees or agents. Contractor agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid willful or negligent acts, errors or omissions. City hereby agrees to, and shall hold Contractor, its officers, agents and employees, harmless from any liability for damage or claims for riamsge for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from City's negligent acts, errors or omissions under this Agreement. City agrees to and shall defend Contractor and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. WORKERS' COMPENSATION Contractor shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of C`Alifornia, the applicable provisions of Division 4 and 5 of the California Government Code and all amendment thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless 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 attorneys fees and costs presented, brought or recovered against City of 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 Contractor under this Agreement. 9 INSURANCE Contractor, at its sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile insurance covering all bodily injury and property liability 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. B. 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. C. Workers' compensation insurance covering all of its employees and volunteers. D. The aforesaid policies shall constitute primary insurance as to City, its officers, employees, and volunteers, so that any other policies held by City ‘hall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to City of cancellation or material change. E Said policies, except for the professional liability, workers' compensation, and automobile policies shall name City and its officers, agents and employees as additional insureds. F. 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 City's Risk Manager. If Contractor does not keep all of such insurance policies in full 10 force and effect at all times during the terms of this Agreement, City may elect to treat the failure to maintain the requisite insurance a a breach of this Agreement and terminate the Agreement G. If required insurance coverage is provided on a "shims made" rather than "occurrence" form, 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. NOTICE All notices required by this Agreement shall be given to City and Contractor in writing, by personal delivery or first class mail postage prepaid, addressed as follows: City: CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 92050 Contractor: HINDERLITER, DE LLAMAS, & ASSOCIATES 2220 E. Alosta Avenue, Suite 205 Glendora, CA 91740 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. APPROVED AS TO FORM: CITY: CITY OF NATIONAL CITY LLo CONTRACTOR HINDERLITER, DE LLAMAS & ASSOCIATES A California Corporation 12 A SAMPLE SAMPLE EXHIBIT A Sales Tax Audit Work Authorization No. 'The following business or businesses, located in the City of , have been identified as having the potential for generating additional sales tax revenue to the City of . Contractor is hereby authorized to contact the given business(s) and the State Board of Equalization to verify the accuracy of the current reporting methodology and obtain the necessary documentation for the Board of Equalization, to modify allocation formulas, and to return previous misallocated revenue that may be due to City. Contractor's compensation shall be 15% of the new sales and/or use tax revenue received by the City as a result of audit and recovery work performed by Contractor, as set forth in the Agreement between Contractor and City dated , 1990. CITY OF By. Date HINDERLITER, DE LLAMAS AND ASSOCIATES By Date 13 RESOLUTION NO. 98 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS WITH THE HdL COMPANIES FOR SALES TAX SERVICES AND PROPERTY TAX SERVICES WHEREAS, at the Preliminary Budget Meeting on June 15, 1998, the City Council authorized to contract with HdL Companies to provide the City of National City Sales and Use Tax Services and Property Tax Audit Services and reports; and WHEREAS, these new contracts will supersede the existing contingency contracts with HdL Companies based on a percentage of revenue recovery; and WHEREAS, HdL Companies will provide quarterly trending of sales tax data of the top sales tax generators in the city, a data base which cannot be provided by the State Board of Equalization; and WHEREAS, the Property Tax Service will enable the Finance Department to have immediate access to the County data base on property taxes generated in National City; and WHEREAS, these services will benefit both the City and the Community Development Commission in capturing all the revenues belonging to the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute an agreement with HdL Companies for Sales and Use Tax Services and an agreement with HdL Companies for Property Tax Services. Said Agreements are on file in the office of the City Clerk. Signature Page to Follow Resolution No. 98 — 83 July 14, 1998 Page Two PASSED and ADOPTED this 14th day of July, 1998. ATTEST: I� Mic R. D. .,City Clerk APPROVED AS TO FORM: George H. Eiser,III City Attorney George H. Waters, Mayor City of National City, California COUNCIL AGENDA STATEMENT June iA 2002 MEETING DATE ITEM TITLE PREPARES? BY EXPLANATION AGENDA ITEM NO. RESOLUTION AUTHORIZING POLICE DEPARTMENT TO APPROPRIATE AN ADDITONAL $3,154.14 OF 2001/2002 FY LOCAL LAW ENFORCMENT BLOCK GRANT FUNDS BECAUSE OF INCORRECT QUOTE BY VENDOR. DEPARTMENT Lt. Keith Fifield Police Background Resolution No. 2001-154 authorized the appropriation of $145,654 in funding from the 2001/2002 Local Law Enforcement Block Grant funds to purchase equipment that was approved by the LLEBG Advisory Board Resolution No. 2002-51 authorized the appropriation of an additional $16,000 of LLEBG funds that were still available. The additional expenditure budget included $1,900 for the purchase of (105) Ballistic Helmet Protective Bags and Carrying Straps. Once the resolution was approved the Police Department began the purchasing process and was informed by the ballistic helmet vendor, Adamson Industries, that they had mistakenly under quoted the price of the protective bags and carrying straps. The original quote was $1,661.10. The corrected quote is now $4,814.24, a difference of $3,153.14. (Continued) Environmental Review XX Id!A Financial Statement No impact to general fund. STAFF RECOMMENDATION Approve the Resolution. BOARD € COMMISSION RECOMMENDATION ATTACHMENTS LNone. A-200 (9/82)- d Below 233-411-000-318 Resolution No. 2002-81 COUNCIL AGENDA STATMENT RESOLUTION AUTHORIZING POLICE DEPARTMENT TO APPROPRIATE AN ADDITONAL $3,154.14 OF 2001/2002 FY LOCAL LAW ENFORCMENT BLOCK GRANT FUNDS BECAUSE OF INCORRECT QUOTE BY VENDOR PAGE 2 Proposal The police department requests that an additional $3,153.14 be appropriated from the 2001/2002 FY Local Law Enforcement Block Grant Fund to purchase (105) Ballistic Helmet Protective Bags and Carrying Straps. There is still a positive surplus balance in the 2001/2002 FY LLEBG fund to cover the cost of this proposal with no impact to the General Fund. Item Amount Additional Amount to purchase (105) Ballistic Helmet Protective bags and carrying straps $3,153.14 Total = $3,153.14 RESOLUTION NO. 2002 — 81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $3,154.14 IN FY 2001/2002 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF POLICE DEPARTMENT EQUIPMENT WHEREAS, on August 21, 2001, Resolution No. 2001-120 was adopted by the City Council authorizing the acceptance of the 2001 Local Law Enforcement Block Grant ("LLEBG") funds from the United States Department of Justice, which awarded $145,654 in grant funding to the City of National City; and WHEREAS, Resolution No. 2001-154, dated October 2, 2001, authorized the appropriation of $145,654 in funding from the 2001/2002 Local Law Enforcement Block Grant funds to purchase equipment that was approved by the LLEBG Advisory Board; and WHEREAS, Resolution No. 2002-51, dated April 16, 2002, authorized the appropriation of an additional $16,000 in funding from the 2001/2002 Local Law Enforcement Block Grant funds that were still available to purchase additional equipment; and WHEREAS, the additional expenditure budget included $1,900 for the purchase of(105) Ballistic Helmet Protective bags and carrying straps; and WHEREAS, once the purchasing process began, the ballistic helmet vendor, Adamson Industries, informed the Police Department that the original quote of $1,661.10 for the (105) Ballistic Helmet Protective bags and carrying straps had been under -quoted by $3,153.14 and the actual cost was $4,814.24. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $3,153.14 in FY 2001/2002 Local Law Enforcement Block Grant funds to cover the expense of Police Department equipment as set forth above. PASSED and ADOPTED this 4th day of June, 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE June 04, 2002 8 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #47 PREPARED BY T.Mendoza EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #47 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. N/A Approved By: Fi ance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 355,699.86. BOARD / COMMISSIt)N RECOMMENDATION ATTACHMENTS ) Listed Below ) 1. Warrant Register #47 2. Workers Comp Warrant Register dated 05/15/02 Resolution No. A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT JEETING DATE June 04, 2002 ITEM TITLE WARRANT REGISTER #48 PREPARED BY T.Mendoza EXPLANATION 9 AGENDA ITEM NO. DEPARTMENT Finance Ratification of Warrant Register #48 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Directo Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,193,897.90. BOARD / COMMISSIO ATTACKMENTS Listemd Below ) 1. vvarrant Register 446 2. Workers Comp Warrant Register dated 05/22/02 3. Payroll Warrant Register dated 05/22/02 A-200 (9.99j Resolution No. .4EETING DATE June 4, 2002 City of National City, California COUNCIL AGENDA STATEMENT 10 AGENDA ITEM NO. / ITEM TITLE CLAIM FOR DAMAGES: Ismahan Farrah Michael R. Dalla, CM(' PREPARED BY `DEPARTMENT EXPLANATION The claim of Ismahan Farrah arises from an occurrence on May 4, 2002 and was filed with the City Clerk's Office on May 7, 2002 City Clerk r Environmental Review XX_ N/A Financial Statement N/A Account No. (STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT **Refer to Item #2 11 MEETING DATE 06/04/02 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROVAL OF THE 2001-2002 WEED ABATEMENT PUBLIC HEARING FINDINGS PREPARED BY Donald Condon, Battalion Chief EXPLANATION DEPARTMENT Fire In accordance with National City Municipal Code, 1.36.100, the City Council shall consider the Weed Abatement Report and Account together with any objections or protests by any parties interested in same. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The amounts so approved shall be liens upon the respective lots or premises. In accordance with National City Municipal Code, 1.36.110, a copy of the resolution required by Section 1.36.100 shall be served on the responsible person, pursuant to the procedures set forth in Section 1.36.030, not later than fifteen days after the date of adoption of such resolution. (-Environmental Review Financial Statement N/A X N/A Account No. STAFF RECC MhMENDAT1OW Adoption of City Council Resolution confirming 2001 - 2002 Weed Abatement Public Hearing Report and Account. _ BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Beiow 1. Resolution. 2. Fixed Charge Special Assessments Tax Year 2002-2003. Summita_Report of Abated Properties. Resolution No. 2002-82 A-200 (9/8O) RESOLUTION NO. 2002 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING ASSESSMENT OF COSTS OF WEED ABATEMENT FOR FY 2001/2002 WHEREAS, the Chief of the Fire Department has heretofore filed in the Office of the City Clerk of National City as assessment attached hereto as Exhibit "A" for the certain weed abatement work in said City done under and pursuant to National City Ordinance No. 94-2081, adopted by the City Council on the 27th day September, 1994; and WHEREAS, after filing of said assessment the City Clerk has, as required by said ordinance, given notice of the filing of said assessment and of the time fixed in said notice for hearing by City Council and affidavit of posting of such notice has been made and is of file in the Office of the City Clerk; and WHEREAS, at the time and place fixed in such notice, to -wit, June 4, 2002, a hearing was fully held by this City Council at which all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect to any matter relating to said work, to any act or determination of the Chief of the Fire Department, or to any matter relating to said work or the assessment or the proceedings, therefore; and WHEREAS, all such persons desiring to be heard have been heard by this City Council and the City Council is fully informed in the premises. NOW, THEREFORE, the City Council of the City of National City, does hereby find, resolve, determine and order, as follows: That said hearing has been duly held; that each and every step of the proceeding prior to and including the hearing has been duly and regularly taken; that this City Council is satisfied with the correctness of the assessment, the proceedings and all matters relating thereto, and all protests, objections or appeals be and the same are hereby overruled and denied and this City Council does hereby confirm said proceedings and said assessment and that the City Clerk is directed to file with the County Auditor of the County of San Diego, a certified copy of this resolution. PASSED and ADOPTED this 4th day of June, 2002. ATTEST: George H. Waters, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney EXHIBIT "A" Parcel Assessment Site Address City of National City Weed Abatement Program Fixed Charge Special Assessments Tax Year 2002-2003 Mall Actress 551 48016 00 551 $616.98 East of 1002 Delta National City Hughes Charles K 3841 NE Old Belfair Hwy Belfair WA 98528 570 13 00 $803.68 1015 E Division St National City 91950 Cazares Irma E 1926 Windmill View Rd El Cajon CA 92020 551 57015 00 556 $480.20 1033 E Division St National City 91950 Sanchez Raymundo A;Carmen R Sanchez 1720 Melrose Ave #43 Chula Vista CA 91911 103 29 00 $396.68 212 D Ave National City 91950 Miranda German 405 S 36Th St San Diego CA 92113 556 510 58 00 556 $1,578.66 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038E 8th St National City CA 91950 510 59 00 556 $1,012.08 9Th St National City 91950 Parra Abel P/Lupe;Carver Glenn F 1038 E 8th St National City CA 91950 510 60 00 $594.18 Plaza Blvd National City Appel Daniel H;Marlene M Trs 5963 La Place Ct #306 Carlsbad CA 92008 556 590 43 00 557 $848.90 1133 E Plaza Blvd National City (Vac) North Plaza Trust 02-22-73 1615 Cordova St Los Angeles CA 90007 180 01 00 557 $5,709.82 N Ave National City Knights Express Ltd 3403 Kennelworth Ln Bonita CA 91902 390 29 00 561 $878.14 2105 E 16Th St National City 91950 Kenan Lyle R;Keiko Kenan Mscfe Fpo Seattle WA 98760 154 06 00 $9,967.94 1705 Grove St National City 91950 Lee Matthew C 1705 Grove St National City CA 91950 Total Parcels: 11 • Total Assessm $22,887.26 SUMMARY REPORT FOR APN 5 51-480-16-00 04/18/2001 Received citizen complaint. 06/06/2001 Initial inspection was made, property was found to be in violation. 06/07/2001 Mailed 30 day notice to the owner. 06/22/2001 Received 30 day notice back, Verified ownership information with County of San Diego. 07/12/2001 Re -mailed 30 day notice to new owner. 07/23/2,001 Received white card stating not owner, Verified ownership information with County of San Diego. 08/14/2001 Re -inspection was made, property was found to be in violation. Posted property. 06/16/2001 Mailed 10 day final notice to the owner, certified mail. 08/22/2001 Received certified receipt. 09/19/2001 Verified ownership information with County of San Diego. 09/25/2001 Work order authorization signed by City Official. 09/28/2001 F.P.S.I. crews abated the property. 10/01/2001 The owner was mailed a bill at our contracted rates. 10/09/2001 Mr. Hughes called left a message. 10/09/2001 Ken returned Mr. Hughes call he stated he was not owner. Ken told him that we would look into it. Gave info to Tina. 10/09/2001 Checked county assessors and Title Dept. on date of changes. Was stamped and received on 06/08/01 at recorders office, but was not put onto database system with county assessor or Title dept. until 09/25/01 do to a hold in the Title dept. Per Ken's request to check all avenues to the change of ownership names. 10/17/2001 The owner was mailed a final bill. 10/25/2001 Received final bill back by Mr. Hughes stating not owner. 11/14/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "A") and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 556-590-43-00 04/30/2001 Initial inspection was made, property was found to be in violation. 05/07/2001 Mailed 30 day notice to the owner. 06/11/2001 Re -inspection was made, property was found to be in violation. Posted property. 06/25/2001 Mailed 10 day final notice to the owner, certified mail. 06/29/2001 Received certified receipt. 07/06/2001 Verified ownership infoiuiation with County of San Diego. 07/10/2001 Work order authorization signed by City Official. 07/20/2001 F.P.S.I. crews abated the property. 07/23/2001 The owner was mailed a bill at our contracted rates. 08/09/2001 The owner was mailed a final bill. 08/01/2001 Received voice mail from Harry Vournas Trustee to North Plaza Trust. 08/01/2001 Curt called Mr. Vournas back and addressed his concerns. Told him that current bill had been sent out. The tax year that the debt will be assessed to 01/02. 08/13/2001 Received voice mail from Mr. Ralph Nardoni. 08/13/2001 Returned Mr. Nardoni's call. He wanted photos to show that his crew didn't do the work. Sent at total of 4 photos. 08/30/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 551-570-15-00 04/30/2001 Initial inspection was made, property was found to be in violation. 05/07/2001 Mailed 30 day notice to the owner. 06/21/2001 Re -inspection was made, property was found to be in violation. Posted property. 06/22/2001 Mailed 10 day final notice to the owner, certified mail 07/06/2001 Verified ownership infonnation with County of San Diego. 07/09/2001 Certified notice returned "undeliverable at address". Verified ownership information with County of San Diego. 07/10/2001 Work order authorization signed by City Official. 07/20/2001 F.P.S.I. crews abated the property. 07/23/2001 The owner was mailed a bill at our contracted rates. 08/09/2001 The owner was mailed a final bill. 08/30/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 551-570-13-00 04/30/2001 Initial inspection was made, property was found to be in violation. 05/07/2001 Mailed 30 day notice to the owner. 06/11/2001 Re -inspection was made, property was found to be in violation. Posted property. 06/25/2001 Mailed 10 day final notice to the owner, certified mail. 06/27/2001 Received certified receipt. 07/06/2001 Verified ownership information with County of San Diego. 07/10/2001 Work order authorization signed by City Official. 07/20/2001 F.P.S.I. crews abated the property. 07/23/2001 The owner was mailed a bill at our contracted rates. 08/09/2001 The owner was mailed a final bill. 08/30/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 557-390-29-00 05/21/2001 Initial inspection was made, property was found to be in violation. 05/22/2001 Mailed 30 day notice to the owner. 06/23/2001 Re -inspection was made, property was found to be in violation. Posted property. 06/26/2001 Mailed 10 day final notice to the owner, certified mail. 07/09/2001 Received 30 day notice "undeliverable as addressed", Verified ownership information with County of San Diego. 07/10/2001 Verified ownership information with County of San Diego. 07/10/2001 Work order authorization signed by City Official. 07/20/2001 F.P.S.I. crews abated the property. 07/23/2001 The owner was mailed a bill at our contracted rates. 08/09/2001 The owner was mailed a final bill. 08/23/2001 Certified notice returned "undeliverable as addressed". Property already has been abated. 08/30/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's ''NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 05/20/2002 Post Office states that zip code is inactive at this time, cannot send out Certified. SUMMARY REPORT FOR APN 561-154-06-00 08/07/2001 Initial inspection was made, property was found to be in violation. 08/08/2001 Mailed 30 day notice to the owner. 08/23/2001 Received 30 day notice, "attempt unknown", Verified ownership information with County of San Diego. 09/17/2001 Re -inspection was made, property was found to be in violation. Posted property. 09/18/2001 Mailed 10 day final notice to the owner, certified mail. 09/27/2001 Certified notice returned "attempt unknown", Verified ownership information with County of San Diego. 10/01/2001 Verified ownership information with County of San Diego. 10/02/2001 Work order authorization signed by City Official. 10/08/2001-10/10/2001 F.P.S.I. crews abated the property. 10/15/2001 The owner was mailed a bill at our contracted rates. 10/31/2001 The owner was mailed a final bill. 11/27/2001 A Notice of Abatement was filed on the property. 05/22/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 556-510-58-00 08/10/2001 Initial inspection was made, property was found to be in violation. 08/13/2001 Mailed 30 day notice to the owner. 09/17/2001 Re -inspection was made, property was found to be in violation. Posted property. 09/18/2001 Mailed 10 day final notice to the owner, certified mail. 10/02/2001 Work order authorization signed by City Official. 10/05/2001 Received certified receipt. 10/10/2001 Verified ownership infoiniation with County of San Diego. 10/10/2001 F.P.S.I. crews abated the property. 10/12/2001 The owner was mailed a bill at our contracted rates. 10/31/2001 The owner was mailed a final bill. 11/27/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 556-510-59-00 08/10/2001 Initial inspection was made, property was found to be in violation. 08/13/2001 Mailed 30 day notice to the owner. 09/17/2001 Re -inspection was made, property was found to be in violation. Posted property. 09/18/2001 Mailed 10 day final notice to the owner, certified mail. 10/02/2001 Work order authorization signed by City Official. 10/05/2001 Received certified receipt. 10/10/2001 Verified ownership information with County of San Diego. 10/10/2001 F.P.S.I. crews abated the property. 10/12/2001 The owner was mailed a bill at our contracted rates. 10/31/2001 The owner was mailed a final bill. 11/27/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "A") and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 556-510-60-00 08/10/2001 Initial inspection was made, property was found to be in violation. 08/13/2001 Mailed 30 day notice to the owner. 08/23/2001 Received 30 day notice "Attempted not known, Verified ownership information with County of San Diego 09/17/2001 Re -inspection was made, property was found to be in violation. Posted property. 09/18/2001 Mailed 10 day final notice to the owner, certified mail. 09/27/2001 Certified notice returned "Attempted not known". Verified ownership information with County of San Diego. 10/01/2001 Verified.ownership information with County of San Diego. 10/02/2001 Work order authorization signed by City Official. 10/04/2001 F.P.S.I. crews abated the property. 10/09/2001 The owner was mailed a bill at our contracted rates. 10/31/2001 The owner was mailed a final bill. 11/27/2001 A Notice of Abatement was filed on the property. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 557-180-01-00 01/10/2002 Initial inspection was made, property was found to be in violation. 01/11/2002 Mailed 30 day notice to the owner. 02/11/2002 Re -inspection was made, property was found to be in violation. Posted property. 02/12/2002 Mailed 10 day final notice to the owner, certified mail. 02/14/2002 Mail carrier attempted 1st delivery. 02/28/2002 Mail carrier attempted 2nd delivery. 03/01/2002 Verified ownership information with County of San Diego. 03/06/2002 Work order authorization signed by City Official. 03/07/2002 Mail carrier attempted 3rd delivery. 03/08/2002 F.P.S.I. crews abated the property. 03/18/2002 The owner was mailed a bill at our contracted rates. 03/22/2002 Received Certified mail "unclaimed". Verified ownership information with County of San Diego. 05/01/2002 The owner was mailed a final bill. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. SUMMARY REPORT FOR APN 556-103-29-00 02/28/2002 Initial inspection was made, property was found to be in violation. 03/01/2002 Mailed 30 day notice to the owner. 04/04/2002 Re -inspection was made, property was found to be in violation. Posted property. 04/05/2002 Mailed 10 day final notice to the owner, certified mail. 04/19/2002 Verified ownership information with County of San Diego. 04/25/2002 Work order authorization signed by City Official. 04/29/2002 F.P.S.I. crews abated the property. 05/08/2002 Certified notice returned "attempted not known". Verified ownership information with County of San Diego 05/01/2002 The owner was mailed a bill at our contracted rates. 05/20/2002 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. City of National City, California COUNCIL AGENDA STATEMENT _ eEETINC DATE June 4, 2002 AGENDA ITEM ; ., 12 iTEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 3142 PLAZA BOULEVARD SUITES F THROUGH H NEAR TRUE VALUE HARDWARE (APPLICANT: ABLAZE FOR JESUS MINISTRIES) (CASE FILE NO. CUP-2002-1) PREPARED BY Andrew Hoskinso EXPLANATION DEPARTMENT Planning The City Council voted to approve this item at the May 21, 2002 public hearing. The attached resolution is needed to follow through on the action. ( Envere enta4 Review X_— NIA Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Adopt the attached Resolution. t (13 BOARD ! COMMISSION RECOMMEN ATKM' N/A ATTACHMENTS Resolution Account No,,, Resolution o _ 2002-83_.. A -too (3/80) RESOLUTION NO. 2002 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 3142 PLAZA BOULEVARD, SUITES F THROUGH H NEAR TRUE VALUE HARDWARE APPLICANT: ABLAZE FOR JESUS MINISTRIES CASE FILE NO. CUP-2002-1 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 3142 Plaza Boulevard, Suites F through H near True Value Hardware at the regularly scheduled City Council meeting of May 21, 2002, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2002-1 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this 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 City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on May 21, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will take place inside a 2,400 square feet lease area, which is adequate for the small number of people in the congregation, and since there are 135 parking spaces provided in the shopping center. 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 prime arterial which can easily accommodate the approximately 30 to 40 daily trips that would be generated by the use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place entirely inside of a commercial building and will have conditions limiting the potential noise impact from the use. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services, and the proposed use will occupy vacant space and add activity in the eastern portion of Plaza Village Center. Resolution No. 2002 — 83 June 4, 2002 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a church use. 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-2002-1, dated 2/7/02. 2. A permit shall be obtained from the Engineering Department for all improvement work• within the Public Right -of -Way. 3. There shall be a sign over each of the three entry/exit doors stating, "These doors shall remain unlocked during business hours." 4. There shall be no more than 165 people in the church at any one time. 5. 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. 6. 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. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 8. The doors and windows to the suites shall be kept closed when sound amplification equipment is used and when any person is singing or playing a musical instrument. 9. Church services and functions shall not be held later than 9:00 p.m., nor earlier than 9:00 a.m. any day of the week. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2002 — 83 June 4, 2002 Page 3 BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 4th day of June, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: AM•Z George H. Eiser, III City Attorney SW George H. Waters, Mayor :FETING DATE June 4, 2002 City of National City, California COUNCIL AGENDA STATEMENT 13 AGENDA ITEM NO. /ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.36.020 PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES PREPARED BY Rudolf Hradecky, Esq.,,(11N/DEPARTMENT City Attorney ply' EXPLANATION (� This ordinance amends Section 1.36.020 of the NCMC regarding the authority to abate public nuisances. It adds a subsection (C) authorizing the City Attorney to initiate civil or criminal actions to abate nuisances and to seek reimbursement for those costs. Such costs will include the direct costs of abatement (labor and services), personnel salaries, staff overhead, and restitution for any temporary lodging assistance to tenants by a public entity, such as the CDC or the City. Temporary lodging assistance can be furnished to tenants who are forced to move out of uninhabitable lodging brought about by code enforcement. Restitution can be sought from " slumlords" . Costs recovered can be credited to the revolving nuisance abatement fund currently authorized but unfunded. Subsection (B) is also modified to allow the procedures of this Chapter 1.36 to supplement Chapter 15.10 for abatement of substandard, dangerous or unsafe structures. 2 Environmental Review X 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 A-200 (9 99) ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 1.36.020 PERTAINING TO THE ABATEMENT OF PUBLIC NUISANCES BE IT ORDAINED by the City Council of the City of National City that Title 1 of the National City Municipal Code is amended as follows: Section 1. That Section 1.36.020 be amended to read as follows: 1.36.020 Abatement --When authorized. A. Except in cases of emergency as set forth in Section 1.36.180, whenever the city manager or his/her designee, or a department director determines that public or private property, or a condition upon any portion of public or private property is a public nuisance as defined or declared in any section of this code, an abatement notice may be issued to the responsible person to abate the public nuisance. The public nuisance shall be abated by the • responsible person within the time frames set forth in the abatement notice, unless a timely appeal is filed in accordance with Section 1.36.050. B. The procedures established in Chapter 15.10 of this code may be utilized for the abatement of dangerous or unsafe nonresidential buildings or substandard residential buildings. C. The procedures set forth in this chapter 1.36 for administrative abatement are in addition to the authority of the City Attorney to initiate civil or criminal actions to abate a public nuisance. When judicial action is initiated, the City Attorney may seek reimbursement of the City's direct costs for enforcement and abatement, including attorney's fees, personnel salaries and overhead. When applicable, the City Attorney may seek restitution from any responsible person for temporary lodging assistance provided by any public agency to displaced tenants, and treble damages when and as allowed by law and this code. Recoveries may be credited to the abatement fund established under section 1.36.190. PASSED and ADOPTED this day of , 2002. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 1.36.020 Abatement --When authorized. A. Except in cases of emergency as set forth in Section 1.36.180, whenever the city manager or his/her designee, or a department director determines that public or private property or a condition upon any portion of public or private property is a public nuisance as defined or declared in any section of this code, an abatement notice may be issued to the responsible person to abate the public nuisance. The public nuisance shall be abated by the responsible person within the time frames set forth in the abatement notice, unless a timely appeal is filed in accordance with Section 1.36.050. B. Procedures The procedures established in hater 15.10 of this code mabe utilized . for the abatement of dangerous or unsafe nonresidential buildings or substandard residential buildings. C. The procedures set forth in this chanter 1.36 for administrative ab addition to the authority of the City Attorney to initiate civil or criminal actions to nuisance When judicial action is initiated the City Attorney may seek reimbursement of the city's direct costs for enforcement and abatematt ent including orne 's fees personnel salaries and overhead. When appli able the Cit Attorne mav seek restitatni res onsible person for temporary lodging assistance provided by any public agency to displaced tenants, and treble damages when and as allowed b law and this code. Recoveries ma be credited to the abatement fund established under Section 1.36.190. emen e in lic City of National City, California COUNCIL AGENDA STATEMENT tEETING DATE June 4, 2002 AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING SECTION 10.68.020 PERTAINING TO FIREARMS Pi PREPARED BY Rudolf Hradecky( DEPARTMENT City Attorney EXPLANATION It is recommended that Section 10.68.020 of the National City Municipal Code, which pertains to provisions for trigger locks on firearms, be repealed. California Penal Code Section 12088.1, effective as of January 1, 2002, requires firearms sold in California to be equipped with approved trigger locks and associated safety devices. National City's Municipal Code Section 10.68.020 is therefore preempted by State law, and should be repealed as being unnecessary. Copies of National City Municipal Code Section 10.68.020 and California Penal Code Section 12088.1 are attached for your reference. Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Letter from Trutanic-Michel, LLP dated April 26, 2002 California Penal Code Section 12088.1 Current Municipal Code Section 10.68.020 Ordinance Resolution No. A-200 (9.99) ORDINANCE NO. 2002 — AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.68 PERTAINING TO FIREARMS BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code be amended as follows: Section 1. Title 10, Chapter 10.68, is amended by repealing Section 10.68.020. PASSED and ADOPTED this day of 2002. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: 0-) George H. Eiser, III City Attorney George H. Waters, Mayor to OF COUNSEL: ROBERT C. MOFCT low: F. MM:HTLN(GER MICHAEL ALLEEN y� nq LOE A.GEL:5,02 A Pit 3 I F TRUTANICH • MICHEL, LLP ATTORNEYS AT LAW PORT OF LOS ANGELES OFFICE 407 NORTH HARBOR BOULEVARD 8 SAN PEDRO. CALIFORNIA90731.3356 TELEPHONE (310) 548-0410 • FAx: (310) 548-4813 CITY City Council Members City of National City 1243 National City Blvd. National City, CA 91950 April 26, 2002 Re: 'Trigger -Lock" Ordinance PRE -LITIGATION DEMAND DON B. KATES SAN FRANCISCO, CA MAILK K. BENENsoN NEW YoRK•, N.Y. DAvm T. HARDY TUCSON, AZ JEFFERY L. CAUFIELD SAN DIEGO, CA Honorable Council Members: We are writing on behalf of our clients the National Rifle Association (NRA), the California Rifle and Pistol Association (CRPA), and the members of those Associations that reside in your community. On January 1, 2002 a state law went into effect that requires all guns sold in California to be sold with an approved"firearm safety device," (i.e., a trigger lock), (Penal Code Section 12087, et seq.) With the effective date of that statute, any local ordinance on the same subject is duplicates, and is preempted by, the state law. It is our understanding that your city or county still has a "trigger lock" ordinance. We are writing on behalf of our clients to demand its repeal. Unfortunately, the level of conflict and redundance between municipaLcodes and state laws is increasing, particularly in the area of firearm regulation. This is becoming increasing confusing and problematic for NRA and CRPA members. To eliminate member confusion, our clients are therefore insisting that localities eliminate duplicative or conflicting ordinances from their municipal codes. Hopefully, litigation on this matter can be avoided. Most cities have promptly repealed preempted ordinances when brought to their attention. We are, however, prepared to file a lawsuit if necessary, and will seek our attorneys fees from your city or county when our clients prevail. We look forward to hearing from you regarding your intentions. Sincerely, Trutanich • Michel, LLP c,p C.D. Michel CDM/jp cc: City Attorney Chief of Police NATIONAL CITY MUNICIPAL CODE IX. WEAPONS Chapter 10.68 FIREARMS 10.68.020 Provision of trigger locks. A. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any firearm without also providing with the firearm a trigger locking or similar device approved by the chief of police. The trigger locking or similar device shall be designed to prevent the unintentional discharge of the firearm. The trigger locking or similar device shall be attached to the firearm prior to the completion of the sale, gift, lending or transfer transaction, and the firearm must leave the premises of the firearms dealer with the trigger locking or similar device attached. If a trigger locking or similar device cannot be attached because the firearm lacks a trigger guard, a lockable bag or box approved by the chief of police shall be used in lieu of a trigger locking or similar device. Nothing in this section shall prevent the firearms dealer from recovering the cost of the trigger locking or similar device by charging a price for the lock or similar device, either separately or as part of the price of the firearm. B. It is unlawful for any firearm dealer to sell, give, lend or transfer ownership of any firearm, without providing with the firearm printed material, approved by the chief of police, that advises the user of safe firearm storage practices. C. In connection with any sale, gift, loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving the firearm a signed acknowledgement that a trigger locking or similar device required by Section 10.68.020(A), and the printed material required by Section 10.68.020(B), has been provided with the firearm. The acknowledgment shall be in a form approved by the chief of police. The firearm dealer shall retain signed acknowledgments of receipt in the same manner and to the same extent as required by state law for other firearm transaction records. D. A firearm dealer who has fully complied with the provisions of this section relating to trigger locking or similar devices shall not be presumed to have made any representation to the transferee regarding the safety or appropriateness of the use of the trigger locking or similar device, nor shall the firearm dealer be liable in any civil action brought against the firearm dealer, to the extent such liability would be based solely upon the act of furnishing the trigger locking or similar device to a person in compliance with this section. E. The requirements of this section shall be in force and effect, and shall apply to all firearms dealers now or hereafter licensed, ninety days after the date of which the chief of police sends. written notice to currently -licensed firearms dealers of the requirements of this section pertaining to approved trigger locking or similar devices, printed safety material and form of acknowledgment. F. The provisions of this section shall not apply to temporary lending transaction in which the firearm does not leave the premises of the firearms dealer. G. The requirements in Sections 10.68.020(A), (B) and (C) shall not apply to firearms that are curios or relics, as defined by federal law, Title 27 Code of Federal Regulations, Section 178. H. The requirements in Sections 10.68.020(A), (B) and (C) shall not apply to firearm dealers when they are involved in private party transfers conducted pursuant to California Penal Code Section 12082. CALIFORNIA PENAL CODE SECTION 12088.1 (Effective January 1, 2002) (a) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state, shall include or be accompanied by a firearms safety device that is listed on the Department of Justice's roster of approved firearms safety devices. (b) All firearms sold or transferred in this state by a licensed firearms dealer, including private transfers through a dealer, and all firearms manufactured in this state shall be accompanied with warning language or labels as described in Section 12088.3. (c) The sale or transfer of a firearm shall be exempt from subdivision (a) if both of the following apply: (1) The purchaser or transferee owns a gun safe that meets the standards set forth in Section 12088.2. Gun safes shall not be required to be tested, and therefore may meet the standards without appearing on the Department of Justice roster. (2) The purchaser or transferee presents an original receipt for purchase of the gun safe, or other proof of purchase or ownership of the gun safe as authorized by the Attorney General, to the firearms dealer. The dealer shall maintain a copy of this receipt or proof of purchase with the dealers' record of sales of firearms. (d) The sale or transfer of a firearm shall be exempt from subdivision (a) if all of the following apply: (1) The purchaser or transferee purchases an approved safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm. (2) The purchaser or transferee presents the approved safety device to the firearms dealer when picking up the firearm. (3) The purchaser or transferee presents an original receipt to the firearms dealer which shows the date of purchase, the name, and the model number of the safety device. (4) The firearms dealer verifies that the requirements in (1) to (3), inclusive, have been satisfied. (5) The firearms dealer maintains a copy of the receipt along with the dealers' record of sales of firearms. City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE June 4, 2002 AGENDA ITEM NO. 15 ITEM TITLE AN ORDINANCE AMENDING SECTION 10.54.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO GRAFFITI CONTROL PREPARED BY DEPARTMENT Rudolf Hradecky EXPLANATION City Attorney (Di This ordinance amends the definition of "graffiti implement' to include liquids and devices used or designed to etch glass. There have been recent reports of glass etching vandalism in other jurisdictions to expensive plate glass windows. The new definition would make the possession or furnishing of glass etching materials to a minor a misdemeanor or infraction. Environmental Review N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Beiow) Resolution No. Ordinance A-200 i9•99) ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 10.54.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO GRAFFITI CONTROL The City Council of the City of National City does hereby ordain that Section 15.12.010 is amended to read as follows: Section 10.54.010 Definitions. A through H — No change. I. "Graffiti implement" means an aerosol paint container, a felt-tip marker, a paint stick or any tool, liquid or liquid container used or designed to etch glass. J through L —No change. PASSED and ADOPTED this day of , 2002. George H. Waters, Mayor AT LEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 4, 2002 ITEM TITLE AN ORDINANCE AMENDING SECTION 15.12.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE MOVING OF STRUCTURES SECOND READING AGENDA ITEM NO. 16 _ PREPARED BY George H. Eiser, III p DEPARTMENT City Attorney EXPLANATION Historically, the Municipal Code has prohibited the moving of buildings within or into the city for location upon a site in the city. This prohibition was loosened somewhat by the City Council by Ordinance No. 2000-2177, dated July 25, 2000, which amended Chapter 15.2 of the Municipal Code. That amendment allowed the moving of historical structures under certain conditions, and also of manufactured homes if not more than ten (10) years old. The proposed amendment would additionally exempt from the general prohibitions any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code. This amendment, if approved, would permit moving a building onto the Duck Pond site, subject to approval of a Planned Development Permit and a Coastal Development Permit, and provided that consent is obtained from all interested parties under the restrictive covenant which has been recorded against the property. Environmental Review 1' N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Enact ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No.. A-200 (9:99) ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 15.12.010 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE MOVING OF STRUCTURES The City Council of the City of National City does hereby ordain that Section 15.12.010 is amended to read as follows: Section 15.12.010 Findings and . declaration —Prohibition. The City Council specifically and expressly finds and declares that the nature and uniqueness of the city, its housing stock, environment, and rate of population growth necessitate and demand the moving of existing structures into or within the city be permitted and controlled. However, the moving into or within the city of a commercial structure, or of a residential structure which does not have historical significance as determined by the City Council, or of a manufactured home if more than ten years has elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit pursuant to Section 15.12.030, is absolutely prohibited. This prohibition shall not apply to any former landfill site which is subject to the regulatory order or directive of a regulatory agency, due to the existence on the site of hazardous materials as defined by Section 25260 of the California Health and Safety Code. T3 A CCIPTI ATIritPTRT) +1-4c ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney A.,., rr George H. Waters, Mayor EETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 4, 2002 OLD BUSINESS AGENDA ITEM NO. 17 ITEM TITLE REQUEST TO CONSIDER WAIVER OF CUSTODIAL FEES FOR THE CALIFORNIA CONSERVATION CORPS USE OF THE COMMUNITY CENTER PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works On April 2, 2002, the California Conservation Corps requested use of the North Room and kitchen of the Community Center on Friday June 21, 2002 for a graduation ceremony and waiver of fees. Council approved the use, however they did not waive the custodial fees. The California Conservation Corps is now asking Council to reconsider their decision to waive the custodial fees of $156.38, per the attached letter. Environmental Review X N/A Financial Statement Approved By: Loss of $156.38 if custodial fees w.' s . •pr ve• Finance Director Account No. STAFF RECOMMENDATION /44" Council decision on waiving the; •dial ees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) California Conservation Corps letter dated May 28, 2002 Council Report of April 2, 2002 Resolution o. A-200 (9..99) FROM : CCC SAN DIEGO DISTRICT OFFICE PHONE NO. : 6194094390 May. 23 2002 11:46AM P1 STATE OF CALIFORNIA THE RESOURCES AGENCY GRAY OAVIS Governor CALiFORN4A CONSERVATIONS CORPS San Diego Service District 40i West 3511 Street, Ste A. National City, CA 91950•7909 (619) 409-4382 FAX (519) 409-4390 May 28, 2002 Mr. Burt Meyers, Public Works Director City of National City 140 East 12th Street National City, CA 91950 Dear Mr. Meyers: The California Conservation Corps (CCC) conducts annual commencement ceremonies for Muir Charter School graduates in the hall of the Community Development Center. Last year, die CCC obtained a complete fee -waiver, and participated fully in post -reception clean-up. Due to a communication glitch on our part, this year a CCC representative was not present at the April 2nd Council Meeting, and consequently, a fee -waiver was not granted. The purpose of this letter is to request a full -waiver for the aforementioned event as an agenda item for the June 4th Council Meeting. On behalf of the CCC, CII Rosie Douglas or myself will attend the meeting to respond to any questions and concerns. As you may know, the CCC provides more than three million hours of work per year in natural resource management and disaster assistance projects throughout California. Much of the work is done as community service projects, which has benefitted all of San Diego, including National City. In these times of fiscal austerity, a fee waiver would be greatly appreciated. In exchange, the CCC would gladly contribute community service hours to the City of National City. If you have any questions, please contact me at 619-409-4382 ext. 221 (w) . In advance, thank you very much for considering this request, and I hope to hear from you soon. Sincerely, Deborah Leyh Corpsmember Development Coordinator cc: Benny Garcia, Rosie Douglas, Victor Avila The California Conservation Caps engages young men and women in meaningful work, public service and educational activities that assist them in becoming more responsible citizens, white protecting and enhancing California's environment, human resources end communities. _cETING DATE City of National City, California' COUNCIL AGENDA STATEMENT April 2, 2002 AGENDA ITEM NO. (-ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE CALIFORNIA CONSERVATION CORPS AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works EXPLANATION The California Conservation Corps is requesting use of the North Room and kitchen of the Community Center on Friday June 21, 2002 from 4:00 pm until 10:00 pm. They are planning to hold a graduation ceremony for high school graduates. Approximately 400 people are expected to attend. Costs: Building: $422.16 Custodial: 156.38 Kitchen: 60.00 Total: $638.54 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. ( Environmental Review X N/A Financial Statement Loss of $638.54 if waiver of fees is ap STAFF RECOMMENDATION Council decision on use of th BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. TTA CHME T to Below. .I t tut lise or Listed L,ommuni Center L., California Conservation Corps letter dated March 8, 2002 Resolution No. n-zoo (9. 991 STATE OF CALIFORNIA — THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS San Diego Service District 401 West 35"' Street, Suite A, National City, CA 91950-7909 (619) 409-4382, ext: 219 March 8, 2002 Mr. Burt Myers Public Works Director City of National City 1243 National City National City, California 91950 Dear Mr. Myers: GRAY DAVIS, Governor Its that time again, graduation! The California Conservation Corps (CCC) San Diego Service District and the John Muir Charter School are proud to announce that we will again have high school graduates this June. We expect about 30 graduates this year. In order to celebrate this meritorious occasion we would like to commend their efforts with a graduation ceremony to which they will are proud to invite their friends, staff, parents and their children. We have chosen Friday, June 21, 2002 for the event and we are expecting about 400 guests to attend the Graduation ceremony and reception. Our location at 401 W. 35' Street is not big enough to accommodate this event and being a state agency do not have the funds to rent or lease a suitable facility. We held last years graduation at the Community Center, and it was very successful. So once again we appeal to you and the Council to approve the use of the Community Center and waive the fee. Thank you very much for your consideration. Please call me if you have any questions; my number is (619) 409-4382. Respectfully, ,(60sb4k&&,l Bernardo Garcia Director The Mission of the California Conservation Corps is to provide meaningful work and educational opportunities to assist young men and women in becoming more employable, while protecting and enhancing California's environment, human resources and communities. 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."�/e Name of Organization �•HI &A)i R' 66'ryserc/'r6,pi,) t,b' Business Address i/ dr 3'' Steed- ctit; 7-/1 /*cop ' r Name of Applicant Pefi)i?r O 64rc.�» Address 1/0/ %�i O-- �r � ,�/TeiiT t ket/bAjk � (� Yl>Telephone Number (4t9) . q-q , (day) o1,50 - 33Z (evening) �,Q.��1D�fpiUL°. Type of Function GP -A -el jLhh MIti I rem i� �-►�• es. ((// Date Requested 1 � lLt Jane d / 0 i £Q Z Decorating Time ' 12► O ' (an �m to it) die r, �r Function Time . 7, ONM �, /YYi • (. 4 j) to r , mi. Use of Kitchen Facility 1, yes no tk A Use Time S it00( r I pm o GO Clean-up CV. 60 ( 11 " to .10. Number of Participants 40e Will Admission be charged? /(/0 If yes, Amount $ Will this event be used as a fund raising event? /(%O Will alcohol be served? NO ABC Permit Submitted? /(140 Certificate of Insurance attached? Special configuration of tables or chkrs required? (If yes, attach sketch) Special equipment required? G ,(I`f yes, attached list) Copy of Rues & Regulations p ovided? t/ 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 197 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. n r Signature of Applicant Da e CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of Gity property; facilities or personnel are required to provide a minimum of $14600,000 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 Person in charge of activity Address City facilities Date(s) of use - L '^•tx'�1 Telephone 'Ode) ' og —'/ 02 an 8lotr�vr'on eques �Wain Ann., l-tThin(.(jjt 09-sacr 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 Applicant 2) `77Ja :ie O 2• Official Title Date C . eo ed by Name & Title Rev. 04/01 City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE li ina 4�nr17. AGENDA ITEM NO. 18 ITEM TITLE REFUSE RATE ADJUSTMENT FOR FISCAL YEAR 2003 PREPARED BY Jeff Servatius EXPLANATION DEPARTMENT See Attached Explanation Public Works Environmental Review X NIA Financial Statement The Refuse Enterprise Fund will keeping the rates constant for National City. STAFF RECOMMENDATI Approve the Refuse Rate and approve the Franchise F:'"e staying at 9%. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) EDCO letter dated May 23, 2002 Approved lemented by $50,000. The Franchise Fee Wriihre ein,rat 9%, raig t year, benefitting the residents and businesses of Account No. cal Year 2002 I , el, approve the Refuse Enterprise Fund amount, Resolution No. A-200 (9.'99) 9 I= 0 9 AL ORPO El APCT I 11=3N 6670 Federal Boulevard, Lemon Grove, California 91945 (619) 287-7555 Fax: (619) 287-5242 May 23, 2002 City of National City 1243 National Avenue National City, California 92050 Honorable Mayor and Members of the City Council: The Refuse Collection and Recycling Agreement between the City of National City and EDCO Disposal Corporation provides for certain periodic rate adjustments. The contract allows for a pass through of changes in the disposal site fee and annual adjustments by the amount of the local consumer price index. As a member of the Regional Solid Waste Association, (RSWA), National City's refuse tipping fee will increase from $32.87 to $33.35 effective July 1, 2002. In the same manner as last year, EDCO is again pleased to delay an increase in rates related to cost of living increases in operating expenses for this year. Based on city staff direction, the Trash Enterprise Fund contribution will be reduced to $50,000 for the coming year. EDCO proposes that the residential and commercial rates be maintained at current levels for another year. EDCO continues to offer a 20% discount for senior citizens in National City. Please approve the attached rate schedule, which maintains the current rates to ratepayers, to be effective July 1, 2002. As always, thank you for your consideration. Respectfully, EDCO Disposal Corporation John Snyder General Manager Printed on Recycled Paper A WASTE COLLECTION AND RECYCLING COMPANY NATIONAL CITY RATE SCHEDULE July 1, 2002 RUBBISH AND GARBAGE 1. RESIDENTIAL Per month residential single family properties For the second and for each additional residential unit in multiple dwellings which do not exceed four units CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $14.83 $14.83 $11.69 $11.69 2. TRAILER PARKS AND MOTELS One time per week, per unit, per month $10.26 $10.26 3. APARTMENT HOUSES One time per week, per unit, per month $10.42 $10.42 4. SENIOR CITIZEN RESIDENTIAL Per month $11.86 $11.86 5. SILVER BAG SERVICE Per month $1.97 $1.97 6. COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS Up to (2) 40 gallon containers Or (1) 90 gallon automated cart One time per week, per month Up to (4) 40 gallon containers Or (2) 90 gallon automated cart One time per week, per month Up to (6) 40 gallon containers Or (3) 90 gallon automated cart One time per week, per month $16.96 $16.96 $31.57 $31.57 $40.57 $40.57 NATIONAL CITY RATE SCHEDULE July 1, 2002 RUBBISH AND GARBAGE Up to (8) 40 gallon containers Or (4) 90 gallon automated cart One time per week, per month Up to (10) 40 gallon containers Or (5) 90 gallon automated cart One time per week, per month Additional or unusual accumulation of rubbish (per cubic yard) BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE $50.15 $50.15 $65.50 $65.50 $16.96 $16.96 CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 1 13 $89.67 2 1 26 $151.37 3 1 39 $213.07 4 1 52 $276.58 5 1 65 $340.10 6 1 78 $403.61 7 1 91 $467.12 1 2 26 $153.18 2 2 52 $274.77 3 2 78 $396.36 4 2 104 $516.12 5 2 130 $635.89 6 2 156 $755.66 7 2 182 $875.42 1 3 39 $216.70 2 3 78 $394.54 3 3 117 $572.38 4 3 156 $748.40 5 3 195 $924.43 6 3 234 $1,100.45 7 3 273 $1,276.47 $89.67 $151.37 $213.07 $276.58 $340.10 $403.61 $467.12 $153.18 $274.77 $396.36 $516.12 $635.89 $755.66 $875.42 $216.70 $394.54 $572.38 $748.40 $ 924.43 $1,100.45 $1,276.47 NATIONAL CITY RATE SCHEDULE July 1, 2002 BOX TYPE REFUSE SERVICE COLLECTION NUMBER YARDS FREQUENCY OF BINS PER MONTH CURRENT PROPOSED MONTHLY MONTHLY RATE RATE 1 4 52 $280.21 $280.21 2 4 104 $514.30 $514.30 3 4 156 $748.40 $748.40 4 4 208 $980.67 $980.67 5 4 260 $1,212.95 $1,212.95 6 4 312 $1,445.23 $1,445.23 7 4 364 $1,677.51 $1,677.51 15 65 $343.72 $343.72 2 5 130 $634.08 $634.08 3 5 195 $924.43 $924.43 4 5 260 $1,205.70 $1,205.70 5 5 325 $1,486.97 $1,486.97 6 5 390 $1,768.24 $1,768.24 7 5 455 $2,049.52 $2,049.52 1 6 78 $407.24 $407.24 2 6 156 $753.85 $753.85 3 6 234 $1,100.45 $1,100.45 4 6 312 $1,436.16 $1,436.16 5 6 390 $1,771.88 $1,771.88 6 6 468 $2,107.58 $2,107.58 7 6 546 $2,443.30 $2,443.30 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 4, 2002 AGENDA ITEM NO. 19 ITEM TITLE REQUEST FOR USE OF THE COMMUNITY CENTER BY THE NATIONAL CITY CHAMBER OF COMMERCE AND WAIVER OF FEES PREPARED BY Birton Myers DEPARTMENT Public Works EXPLANATION The National City Chamber of Commerce is requesting use of the Community Center on Wednesday October 9, 2002 for the 46th Annual Salute to the Navy Luncheon. They are requesting the Center from 9:00 a.m. until 3:00 p.m. They will be expecting approximately 150 military and civilian guests. Costs: Building: $703.56 Kitchen: 60.00 Custodial: 111.70 Total: $875.26 A 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". Environmental Review x N/A Financial Statement Loss of $875.26 to :he General Fu ' d if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION_ It is recommended that Coy •pro . e use o- • e Community Center as requested and that Council make a decision regarding the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS t Listed Below) Resolution No. Application for Use of the Community Center Letter from the Nat€onal City Chamber of Commerce dated May 15, 2002 A-200 (9.99) 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 Business Address Name of Applicant Address National City Chamber of Commerce 711 "A" Avenue - National rity, CA 91950-2228 Edith A. Hughes, Chief Executive Officer 711 "A" Avenue - National City, CA 91950 2228 Telephone Number (619 ) 477-9339 (day) (619 ) 475-6124 (evening) Type of Function Date Requested Decorating Time Function Time Salute to Navy Week Luncheon Wert4Psday, Oct.ober 9, 2002. 9.00 A.M (wpm) to 11 •00 A M 11:00 A.M.(am/pm) to 2:00 P.M. (am/pm) (wpm) Use of Kitchen Facility x yes no Use Time 9:00 A.14am/pm) to 3:00 P.M. (am/pm) Clean-up 2:00 P . �am/pm) to 3:00 P.M. (am/pm) Number of Participants 200 Will Admission be charged? For Lunch If yes, Amount $20.00 Will this event be used as a fund raising event? NO Will alcohol be served? NO ABC Permit Submitted? N/A Certificate of Insurance attached? YES (o 1.0 Special configuration of tables or chairs required? (If yes, attach sketch) Special equipment required? YES (If yes, attached list) p,A. _Stage - Flag Copy of Rules & Regulations provided? YES Initial e H- 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. Signature of Applicant Da 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 $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization e h a yvl i Y- o' C0 til e +('c c_ Person in charge of activity [� r ; t4 y l 8_5 c 0 ca Ce 6-7e, ,,,re , Address 7 i 1 k fly /1- c/, su u e Telephone (6 / q) `{ 7 7— g 3 3 7 ova`bc7Nal C'c`/ , 6 4 City facilities and/or property requested ($� fvt rvz u yv �' `(y Pe n0 e Y / q/yr 5� . / J Date(s)ofuse �1/2ci/J�'sc4a 4r %c i'��er g, ,_(D 0 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 Applicant Official Title Dat Certificate of Insurance Approved by Name & Title Rev. 04/01 HE CHAMBER 9��eER OF CaM�w May 15, 2002 ATTETION: Burt Myers Public Works Department City of National City 1243 National City Boulevard National City, CA 91950 Dear Burt: 711A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org TT OF 83ii 11 EfdC.MEERWS DEPT. REC hot 5L/_r o� This is to request that the City waive fees and any other charges associated with using the Community Building for the 46th Annual Salute to Navy Luncheon. The event will take place on Wednesday, October 9, 2002. As in the past, the event is held by the Chamber of Commerce, hosted by the Kiwanis Club of National City, with the support of the City of National City. We expect more than 150 military and civilian guests, to include the City Council, City Department heads and other appointed and elected officials from throughout the region. The event will be catered. We will need to use the kitchen, tables and chairs, as well as the speaker system in the Community Building. All other equipment will be provided by the caterer. Thank you for your consideration and support of this request. Sincerely. Edith A. Hughes Chief Executive Officer "Building for the New Millennium" EETING DATE June 4, 2002 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM ` 20 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A THRIFT STORE IN THE NATIONAL CITY PLAZA SHOPPING CENTER AT 10 N. EUCLID AVENUE (APPLICANT: JOHN R. SUDERMAN FOR SAN DIEGO RESCUE MISSION) (CASE FILE NO.: CUP-2002-9) PREPARED BY Jon Cain DEPARTMENT Planning EXPLANATION The project site is a 4,000 square foot suite in the 6.75-acre National City Plaza shopping center at the northwest corner of Division Street and Euclid Avenue. The suite is in the northwest portion of the center, near the Children's Hospital Thrift Store. The center is zoned General Commercial, and contains a variety of uses including Wrigley's Market, restaurants, retail stores, and services such as the Black Infant Health Program. There is a shopping center to the east across Euclid Avenue, and there are single-family homes to the north, west, and south. A 4,000 square foot thrift store is proposed by the San Diego Rescue Mission, a non-profit group that serves the needy. Proposed store hours are 9:30 to 5:30 Monday through Saturday. Items for sale include used and new clothing, furniture, housewares, electronics, and appliances. Donations will not be solicited at the store. The applicant has an off -site warehouse in San Diego and uses trucks stored at that facility to pick up donations. There was no testimony in opposition to the project at the Planning Commission hearing on the item. The Commission discussed the potential for over -concentration of thrift stores in the area, and the applicant's experience in other cities. The Commission approved the CUP based on the applicant's experience and on market data indicating support for the use at this location. Conditions of approval will requiring immediate emoval of any items left outside and also require posting of signage indicating that donations may not be left outside. Environmental Review X_WACategorical Exemption Financial Staterne rat N/A STAFF RECOMMENDATION Ar p Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Account No, _O�t O i.COMMIS$ION RECOMMENDATION ePlanning commission approved We application. Vote: Ayes — Valderrama, Flores, Ungab, Baca, Graham Absent — Reynolds Abstain — Parra I Ia`nnuig LoE.Nuuiission edsoiuuion rro. 12-2002 2. Location Map 3. Applicant's Site Plan 4. Site Photos mm A-200 (9/8C) RESOLUTION NO. 12-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE IN THE NATIONAL CITY PLAZA SHOPPING CENTER AT 10 N. EUCLID AVENUE APPLICANT: JOHN R. SUDERMAN FOR SAN DIEGO RESCUE MISSION CASE FILE NO. CUP-2002-9 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a thrift store in the National City Plaza Shopping Center at 10 N. Euclid Avenue at a duly advertised public hearing held on May 6, 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-2002-9 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 6, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will occupy a 4,000 square foot suite in an existing 6.75-acre shopping center with parking and loading facilities available. 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 use is expected to generate 160 trips per day and the site is located at the intersection of two major arterials operating well under their capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use involves sales of new and used merchandise in an existing shopping center and since conditions of approval will ensure that any items left at the store are removed promptly. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since market data provided by the applicant indicates support for this type of use. 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 thrift store at 10 N. Euclid Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit B, Case File no. CUP-2002-9, dated 4/8/2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Signage shall be posted at the front and rear of the suite stating that donations are accepted only during normal business hours and may not be left outside. 4. Any donated items left outside the suite shall be removed immediately. 5. 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. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 20, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, BACA, GRAHAM NAYS: ABSENT: REYNOLDS ABSTAIN: PARRA I- W Wce I— G7 2334 N 0 2324 2325 2314 2315 2304 2305 2238 2239 2230 2231 2222 2223 2216 2217 2210 2211 2204 t z 2025 2017 N CO C) 2324 I 2314 2304 2238 2230 2222 2216 I 2210 2204 2112 2104 240'k. U AVENUE Z�0 22p2 2205 2124 2�19 2026 N - v 126 C)) M N 2031 2018 .,n95 d e11 00 a to d' Q i w cc 0 z 0 W z 0 v Figb- 13-02 12:07P scott'47cr!aig duhs E58 713 9341 P o. ID North Eticild Blan;'tipt A6f: hfeRiv. timup 5,5id 1t9 4 ' 8; Avetett 4.coc !=t• 34 North Euclid n. t. rea, Retttrat — a ' ! Wrigley s Market 17,980 SF Suite C #1 laSninn o Suit* B z ' Gent New YorkPizda (1) C Lr) a), 0 111 ld 4 Cis) (_) 4 Nor.h Euclid 4,-(( el- S‘>,Ocs Suite Chtech Olicos 1,4C0 sy It. Stifle C World F,.hofl SO" D F Huh Sok!! 1.4CC ; Suits A 8E10 86541or3el 1,726 so IL NOT TO SCALE --T.. NATIONALCITY MIA 2 - 36 North Euclid Avenue and 2323 Division Street National City, California 91950 vseximivalig— NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO. CUP-2002-9 DATE: 4/8/2002 Exhibit "A' 2 North Euclid 3,691 SF 10+ CV Itk WI" Payless Shoo Source • C4-02 02:13P scptt*craig, dubs > CIi281T •A- DESCRIPTION OF PREMISES 858 713 9341 1 It I Ig1 11 1 f. c111111111111111111IILI11111111 • Ii11111111111i H I111111111 t QIIIIIIII 1111111{II{111I1 4 -I ,i... Ilil.iii�4illl +lilliilili� i�l�'111 Y V1(11101111illfalliallli - / rat au .91.3 PROPOSED LOCATION --FRONT PROPOSED LOCATION -REAR .EETING DATE City ot National City, California COUNCIL AGENDA. STATEMENT June 4, 900? 21 ITEM TITLE NOTICE OF DECISION — PLANNED DEVELOPMENT PERMIT FOR AN ADDITIONAL RESIDENCE BEHIND 1845 B AVENUE WITH A VARIANCE TO ALLOW LESS THAN REQUIRED PARKING (APPLICANT: GARY AND DOROTHY DICKEY) (CASE FILE NO. PD-2002-1/Z-2002-2) O PREPARED BY Charley Marchesano DEPARTMENT Planning EXPLANATION The project site is a 4,625 square foot parcel located on the east side of B Avenue, between8th and 20th Streets. The 40-foot wide property is zoned Multi -Family Residential (RM-1- PD). Currently, it is developed with one single -story home, built close to B Avenue. A single car garage is located at the end of a driveway from B Avenue, along the southern property line; a carport, built without permits, is in front of the garage. The applicant proposes to construct a two-story, 1,044 square foot residence at the rear of the property. This new two -bedroom unit will face the existing home and have one on -site parking space, accessed from an alley running along the rear of the property. A Variance has been requested to allow the development with only one parking space, in lieu of the two required by Code. The Planning Commission held a public hearing on this item at their May 6, 2002 meeting. The Commission discussed the lack of available parking around the project site; however, they noted that the small and narrow project site limits the ability of the applicant to build a second unit and meet the Code requirements for two parking spaces. The Commission determined that adequate parking area was provided on -site and voted to approve the project. Conditions of approval require the illegal carport to be removed. Environmental R Financial Statement NIA N/A Categorical Exemption Account No,, STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD I COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes—Valderrama, Flores, Baca, Graham Nays—Ungab Abstaining—Parra Absent— Reynolds ATTACHMENTS { Listed Below 1. Planning Commission Resolution No. 13-2002 2 . Location Map tdesoiution 3. Reduced site plan and elevations 4. Site Photos A-200 (9/80) RESOLUTION NO. 13-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR AN ADDITIONAL RESIDENCE BEHIND 1845 B AVENUE WITH A VARIANCE TO ALLOW LESS THAN REQUIRED PARKING APPLICANT: GARY AND DOROTHY DICKEY CASE FILE NO. PD-2002-1/Z-2002-2 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit for an additional residence behind 1845 B Avenue with a Zone Variance to allow less than required parking at a duly advertised public hearing held on May 6, 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. PD-2002-1/Z-2002-2 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 6, 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 General Plan and Land Use Code permit the proposed density of two units on the 4,625 square foot lot, and since the proposed unit complies with City requirements for floor area, height, setbacks, and usable open space. 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 minor number of daily vehicle trips produced by the new unit is not expected to have any effect on area traffic, and since nearby E. 186 Street is a collector street designed to carry a high rate of neighborhood traffic to nearby arterials. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since many of the adjacent properties are developed at similar or greater densities. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed in -fill development will provide needed housing for the region. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the narrow width and small area of the parcel limits its potential to provide the required number of parking spaces. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the majority of parcels in the area provide only one on -site parking space per dwelling unit. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since approval of the Variance would facilitate construction of a second dwelling unit, which is permissible under current regulations. 4. The Variance is further justified since existing driveway areas on the property could be used for parking. BE IT FURTHER RESOLVED that the application for Planned Development Permit and Zone Variance is approved subject to the following conditions: 1. This Planned Development permit and Variance authorizes a second unit with less than required parking at 1845 B Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A Revised, Case File no. PD-2002-1/Z-2002-2, dated April 8, 2002. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. A drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 4. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 5. Street improvements shall be in accordance with the City Standards. All missing street improvements (13' x 40' of alley) shall be constructed. 6. The illegally constructed carport shall be removed from the site prior to issuance of the certificate of occupancy. 7. Building plans shall show a second exit from the new unit along the north or east elevation. 8. The existing garage shall be painted to match the home at 1845 B Avenue. 9. The existing dilapidated wood fence along the side property line shall be repaired or replaced as needed. 10. The existing bollards in the alley shall be removed prior to occupancy of the new residence. 11. A detailed landscape and irrigation plan shall be submitted to the Planning Department with future building plans. These plans shall show the use of drought tolerant landscaping and water conserving irrigation devices. A minimum of five -gallon shrubs and fifteen -gallon trees shall be used for the site. 12. Before this Planned Development permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development permit and Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development permit and Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. 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 National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 20, 2002, by the following vote: AYES: VALDERRAMA, FLORES , BACA, GRAHAM NAYS: UNGAB ABSENT: REYNOLDS ABSTAIN: PARRA PROJECT LOCATION ZONE BOUNDARIES ® � - i N A F. 1845 B Avenue LOCATION MAP PD-2002-1/Z-2002-2 NATIONAL CITY PLANNING DRN DATE: 4/19/2002 INITIAL HEARING: 5/6/2002 g. M_ DONALD L. LEVIG rwsa.mos accm1ax a111 Iiiiill .1 ti. • gtlP 3Ysrc , ow? SYs'rEN P `Begs,* Nafm t**ut EPMfNN1.FR, i . a `i •of t f 1 • AlgeLSL w� II 0 i yuj9,,NeII lC _16nel5CO,ptrLq-. AiN.t. 1J'Ci. Gt&'1"inn FEA6 t! T6 Osf"cc 0006 4F% 810-rPD9 I N16N CltIN 1.INR FENCE iN6.4rV e• CIWMP/ Jell : auonw uamm cm+uo cn J w� amm..uymueuucm•s umm uo1ssunupm<uuu is SITE PHOTOS Existing home at 1845 B Avenue View of project site from alley looking west EETING DATE ITEM TITLE PREPARED BY EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT June 4, 2002 AGENDA ITEM NO. 22 TEMPORARY USE PERMIT — CHICANO FEDERATION -CHILD, PARENT, PROVIDER RESOURCE FAIR rl� Claudia Caro, Permit Tech. V ° Ci'Building and Safety DEPARTMENT This is a request from the Chicano Federation of San Diego to hold a resource fair in the parking lot of 2414 Hoover Ave from 10:00 a.m. to 2:00 p.m. on Saturday, July 13, 2002. The event is an informational resource fair. Vendors will be using local resources and an astro jump will be available for the kids. No food or drinks will be sold. The event is free and open to the public. A waiver of the $150 T.U.P application fee is requested, the applicant and event qualify for a wavier of fees 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 through vtntoerg*de40y Departments. 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 $150.00 T.U.P. processing fee. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9 991 Ul!Y Uh NAIlUNAL UIY PAGE 08 G4/ 11/ LCJGi 1G: LG 0170043.5 f f Type of Event: _ Public Concert x. Fair _Festival _Community Eve Parade Demonstration Circus _ Block Party _ Motion Picture _ Grand Opening _ Other EventTitie: Child,Paent, Childcare Provider Resource Fair Event Location:2424 Hoosier Ave, National City- Parking Lot Event Date(s): From 7/ 1 3 to 7/1 3/ 0 2 Total Anticipated Attendance: 2 0 0- 2 5 0 Month/bey/Year ( Participants ( Spectators) Actual Event Hours: 10 am/pm to 2 em/pm Setup/assembly/construction Date: 7 / 1 3 / 0, Start time: R • n n Please describe the scope of your setup/assembly work (specific details): As the the sponsor organization we will ONLY BE Providing Chairs and tables for the participants. Dismantle Date: 7/1 3/ 1 0 Completion Time: 3 am/pm List any street(s) requiring closure as a result of this event. Include street narne(s), day and time of closing and day and time of reopening. No strppt' nppri rinsing nnly a parkinfj pntranre Sponsoring Organization: Chicano Federation of San Dieg*sr Frrat Not -for -Profit Chief Officer of Organization (Name) Ray Uzueta Applicant(Name): Chicano Federation of San Diego, co. Address: 2414Hoover Ave. , Ste. E NationalCity, CA 91 950 033evening Phone: (_)336-6030 Fax: ( 336-6033 Martha Ale andro ay of the event 7 Pager/Cellular: 619 200-7459 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Daytime Phone:jfily Contact Person POri94 1 04/11/2002 10:20 61933643377 CITY OF NATIONAL CTY PAGE 09 S 2.: Is your organization a "Tax Exempt, nonprofit" organization? x„ YES NO Are admission, entry, vendor or participant fees required? — YES x NO If YES, please explain the purpose and provide amount(s): N A $ 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. The event is primarily an informational resource fair_ There willl be an As:tro Jumpand a limited number of ye] The vendors will be using local resources only. Our Primar* goal is .)resource information. -p kt,5\1,1 41,E -- in , c ici-- _ YESNO 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 dors. FROM : PHONE NO. : UI'414 61933643377 04/11/20E2 .5:3e S19330e3377 CITY OF NATIONAL CTY CITY OF NoTlCsvrv. CTY May. 07 2002 10:56RM P2 PAGE 02 PAGE sae .+ YE6 Y NO Owe tine sown Invoke re solo of u14 of thae0010 bsaraalw7 YI{p X,NO tMI ems or sonic.o ha sold at din want? 2 yes, mow dsaal*e: YE NO CON tits went I WOW* a moving nude orany kind nuns streets, stdrrsila or h ye? hilt, aid' a WOW mtp O yeur Wowed routs Indio* trio of mil, m d proviso a wrnea Ronan tO OtpluM your milts. VES �xNO OM the rood lowake a ffewd venue sW? aY*$, tido a Ostend, Ina map **wire off anse impeded ty Ow soles, Yee X NC Coos do want Involve Ow wo to taw or wimple? tf Yid Number oflonpiedndplu Shoe NOTE: A soot*, Firs vielNinniwit pem a rsglnedtor WWI or ottneplN- YtSO %r NO Will the wort Involve she we of Ow City daps or PA wart? k! eddidor in the moo mop require! 'OM. PROW etdch a Owen showing MO 0v1•4t Yiyuu and aetwp loaWpns for ttsts town, Nsrnu > Alelnella end Nonsidoholac Concession ardlt Seer oeroan arse.. D Food Conowatan NW* Food Prag.rstiOB inter � Pus des lids Sow food aiti bO sa sod aIt V* want V ' iT If you inland to wok rood in lots west ants plows soggily low melhwd: tit4' OAS _ELECTRIC _ 000l100441. OT ON ($padyl: > PERON* shed PMrrWont Toilet Fad .k Number et pert** toulMi if for wry 280 paepkl N e00111 ld, umlaut lhs wol*M1t coon shown�%Ot ttw, on PNAIpN flt the Immune* ai wean to 1st publ1C s ubsemend I > , huMsrs endear toodo+ws F • 1totodlens andlor chum* of NOotrl tt > Mobilo er Wit 00124h1 OnallAs unvtanapy dknenl®ns► > Edpdto, fathbtia. Mole* r snslewro > 000bitthig, blss *. tMOrot1M. Otg* srandsends or nslstad evuetum s Yonne addlur bailors s Otlar misled want darnponsna not aovarod Owe Y Tech Santohoes end dunwtam New You must propody d1100e4Of akin Intl verbal!' Ihrm+gHout the WTI of your EVER Ww «sons ius y upon odadmton d tn• went the also moot be resumed to s clean E NURSOf twin erne' L•4 into Oanlsk4ra with lids: Duarsbe rout Wen for clean-up anti *mil of wale and 'Mop sweet! Ina after true wont 3 04/11/2092 10:20 61033643377 CITY OF NATIONAL CTY PAGE 11 Please describe your procedures for both Crowd Control and Internal Security: There will be a crowd control team. National City police a Fire Department will participate in the event YES ,,y 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 ENO 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. We have a first aid kit and all ouQstaff is CPR and First Aid Certified, Please describe your Accessibility Plan for access at your event by individuals with disabilities: Parking lot and bathrooms are street level_ Please provide a detailed description of your PARKING plan: Parking is available o_n the street and on additional parking lots adiecent to our building_ Please describe your plan for DISABLED PARKING: There are designated parking spaces 4 PAGE 12 04/11/2002 10:29 61933643377 CITY OF NATIONAL CTY Please describe your plans to notify all residents, businesses and churches impacted by the event: We have notified neighboring business by letter an' are being invited to offer thier services during fair ours 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 stags;, number of bends end 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 NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amI pm Finish Time am/pm Number of Bands: Please describe the sound equipment that will be used for your event: _ YES ENO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 0 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 BUILDING AND SAFETY i)E RECEIVED MAY g 3 2002 NATIONAL CITY, CALIF. Date Received CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Chicano Federation of San Diego EVENT: Resource Fair DATE OF EVENT: July 13, 2002 TIME: 10:00 a.m. until 2:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO f ] SEE CONDITIONS [x ] SPECIFIC Conditions of Approval: FIRE (336-4550) No objection to this event. No Fire Department access or connections are to be blocked at anytime. FINANCE (336-4330) A Business License is required for each vendor present on this event. A list of all approved vendors is to be provided to the Revenue and Recovery Division of the Finance Department. POLICE (336-4400) Police Department will have a community service booth. No other security will be necessary. 04/11/2002 10:20 61933643377 CITY OF NATIONAL CTY PAGE 14 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit Insurance for bodily Injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Chicano Federation of Sat' Diego, Co. Person in Charge of Activity Martha Alejandro Address 2414 Hoover Ave., National Ctiy CA 91950 Telephone (619) 336-6030 Date(e) of Use 7/1 3/ 0 2 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 relat d to the use of public property or the activity taken under the permit by the ttee or its agents employees or contractors. t Official This For Offroe Use Only Certificate of Insurance Approved Date 7 '.UV OF NA I IUVAL L I Y 04j11/2002 10:20 biy:i3b4i f( Non-profit organizations, which meet the criteria on page v of the instructions, wil 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? y 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 organizationch ioann VAaAT'ai'i nn of c h CO., Type of Organization WA arA a 501 c3 organization (Service club. Church, Soda Service Agency, etc') 3. Will the event generate net Income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) x 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. No (Please proceed to Question 5) 8 04/11/2002 10:20 61933643377 CITY OF NATIONAL CTY PAGE 16 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yea (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. 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: No (P lease sign the form and submit it with the TUP Application) /Signet re 9 Date m m _cur-3 msma.* Witli_1111111111_1111.111i1_11111111 (1. _ 111 Ilf. I I ITITITITTI1T11-11TMIIIIIImi ITT1 '44 x 6.: (4._. 0 0 m ±_4 Ivilm"1-11111111111111-1111 Thiluwiij 0 = • rti jJ- Mile of Cars Way 61- -I-1- (1 City of National City, California COUNCIL AGENDA STATEMENT :STING DATE June 4, 2002 AGENDA ITEM NO. 23 / ITEM TITLE YEAR END SINGLE AUDIT REPORT AND REPORT TO MANAGEMENT FOR FISCAL YEAR ENDED JUNE 30, 2001. PREPARED BY DEPARTMENT Marylou Matienzo EXPLANATION Finance Transmitted herewith is the City of National City's year end Single Audit Report and Report to Management for the fiscal year ended June 30, 2001, prepared by Calderon, Jaham & Osborn, the City's external auditors. The auditors have conducted their examination of the financial statements - in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditor's procedures as con- sidered necessary in the circumstances. Environmental Review N/A Financial Statement Not applicable. Approved By: ;` © /. 222Z ,, s{� Finance Director Account No. STAFF RECOMMENDATION We recommend that Council receive and file report. BOARD ( COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) li 1. Year End Single Audit Report 2. Report to Management A-200 )9:99) Resolution No. City of National City ITEM #24 Office of the City Council 6/4/02 1243 National City Boulevard, National City, CA 91950 MITCH BEAUCHAMP•COUNCILMAN (619) 336-4232 (619) 477-5333 To: City Manager From: Councilman Beauchamp Date: 31 May 2002 Re Agenda Item for 4 June 2002 City Council Meeting Please place on the Council Agenda under Council Member items, a discussion and possible direction of City Police policy with regard to enforcement of federal immigration laws and the use of the Matricula Consular issued by the Mexican Consulate to serve as identification for residents of the region. Recycled Paper