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HomeMy WebLinkAbout2002 09-03 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - SEPTEMBER 3, 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 REGULAR MEETING OF AUGUST 20, 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 9/3/02 PAGE 2 PRESENTATION AB 939 Award — Councilman Ron Morrison INTERVIEWS/APPOINTMENTS City Boards & Commissions — Interviews Street Tree & Parkway Committee - Appointment PUBLIC HEARINGS 1. Public Hearing — Conditional Use Permit for a Community Health Center at 1419 E. 8th Street, near Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center. (Applicant: Kalusugan Community Services) (Case File No. CUP-2002-11) (Planning) 2. Public Hearing — Conditional Use Permit for a wireless communications facility near Sweetwater Theaters in Sweetwater Town and Country Shopping Center. (Applicant: Cingular Wireless) (Case File No.: CUP-2002-3) (Planning) 3. Public Hearing — Regarding the Police Department'sproposed appropriation and expenditure of 2001/2002 Supplemental Law Enforcement Services Fund. (Police) *Refer to Item #23 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. 4 Resolution No. 2002-128 A Resolution of the City Council of the City of National City authorizing the City Engineer to establish two red "No Parking" zones adjacent to the driveway at 1809 E. 17th Street. (D. Howerton, TSC Item No. 2002-22) (Engineering) COUNCIL AGENDA 9/3/02 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution No. 2002-129 A Resolution of the City Council of the City of National City accepting the United States Department of Justice Local Law Enforcement Block Grant. (Police) 6 Resolution No. 2002-130 A Resolution of the City Council of the City of , National City authorizing the acceptance of a vehicle from "The Mile of Cars" for use by the Police Department in the D.A.R.E. Program. (Police) 7. Resolution No. 2002-131 A Resolution of the City Council of the City of National City approving Change Order Number One, accepting the work and authorizing the Filing of a Notice of Completion for the National City Boulevard and Plaza Boulevard Traffic Signal Interconnect Project. (Engineering Spec. No. 97-6) (Public Works/Engineering) 8. Resolution No. 2002-132 A Resolution of the City Council of the City of National City awarding a contract to AAIR Purification Systems for the National City Fire Station #34 Diesel Exhaust Ventilation System Project. (Spec. No. 02-8) (Public Works/ Engineering) 9. Resolution No. 2002-133 A Resolution of the City Council of the City of National City approving a Memorandum of Understanding between the City of National City and National City Police Officers' Association for Fiscal Years (2002-03, 2003-04, 2004-05). (Personnel) COUNCIL AGENDA 9/3/02 PAGE 4 CONSENT CALENDAR (Cont.) 10. Resolution No. 2002-134 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City of National City and Trauma Intervention Programs of San Diego County, Inc. (Fire) 11. Resolution No. 2002-135 A Resolution of the City Council of the City of National City naming the National City Community Center Building at 140 East 12th Street the "Martin Luther King, Jr. Community Center" and approving the fabrication and installation of a sign to identify the building as named. (Public Works/Engineering) 12. Resolution No. 2002-136 A Resolution of the City Council of the City of National City authorizing the recordation of an Encroachment Agreement with National City Suzuki for installation of three groundwater monitoring wells at 5 W. 18th Street, along Roosevelt Avenue and National City property. (Public Works/Engineering) 13. Resolution No. 2002-137 A Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with the Law Firm of Liebert Cassidy Whitmore to provide special legal services pertaining to employee relations matters. (Personnel) 14. Resolution No. 2002-138 A Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code and rescinding Resolution No. 2000-124. (City Attorney) COUNCIL AGENDA 9/3/02 PAGE 5 CONSENT CALENDAR (Cont.) 15. Resolution No. 2002-139 A Resolution of the City Council of the City of National City awarding a contract to Scheidel Contracting and Engineering, Inc. for miscellaneous concrete improvements at various locations in National City, Specification No. 02-03) (Public Works/Engineering) 16. Approval of Standard Format for Mills Act Contract. (City Attorney/Planning) 17. WARRANT REGISTER NO. 08 (Finance) Ratification of Demands in the amount of $2,196,907.05. 18. WARRANT REGISTER NO. 09 (Finance) Ratification of Demands in the amount of $242,361.40. 19. Consolidated Cash and Investment Report as of June 30, 2002. (Finance) 20. Claim for Damages: Catalino H. Moreno (City Clerk) 21. Claim for Damages: James A. Kitchen (City Clerk) 22. Claim for Damages: Yolanda Vargas (City Clerk) COUNCIL AGENDA 9/3/02 PAGE 6 NON CONSENT RESOLUTIONS 23. Resolution No. 2002-140 A Resolution of the City Council of the City of National City authorizing appropriation of 2001/2002 Supplemental Law Enforcement Services Funds. (Police) *Refer to Item #3 NEW BUSINESS 24. Appeal of the Traffic Safety Commission's decision not to recommend the installation of a mid -block crosswalk on the 1800 block of 17th Street by the First Christian Church. (Public Works/Engineering) 25. Appeal — Zone variance time extension request for an office building with less than required parking and projections into the required front yard in the 1400 block of Highland Avenue. (Applicant: Kathryn Willets for Paul Agpaoa and the National City CDC) (Case File No.: Z-2001-10-TE) (Planning) 26. Notice of Decision — Conditional Use Permit and Coastal Development Permit for a wireless communications facility at the southwest corner of National City Boulevard and west of 33rd Street, on the north side of State Route 54. (Applicant: Sprint Assets, PCS, LLC) (Case File No. CUP-2002-8/CDP-2002-8) (Planning) --> CITY MANAGER —� CITY ATTORNEY -* OTHER STAFF COUNCIL AGENDA 9/3/02 PAGE 7 NEW BUSINESS (Cont.) - -> MAYOR — CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. ADJOURNMENT Next Regular City Council Meeting — September 17, 2002 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 i Mr. Nicholas Inzunza 1416 E. 16th Street National City, CA 91950 Dear Mr. lnzunza: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, A/6L��dl1�,J GEOR E H. WATERS MAYOR GHW:nu Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee P Name:-IV°LIZA UiCrvOIQ`J (Last) t' �{{ / , (First) j) �1 I ( pttonal) Home Address: 1 LI I (Q t , 1lp-til 6-t, "�0,1-10/1tl �l+y CAN q)q.51 Telephone: Residence ( �j/CI — 417- (j2 7q ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3 SAN DIEGO COUNTY? 3a. NATIONAL CITY? /5 RECEIVED AUG i 6 2002 ARE YOU A REGISTERED VOTER: YES NO Birth Date q / L%� 70 HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR H A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) SI( Grade t� Colleges attended and degrees held, if any: Related Professional or Civic Experience: PeC.Se 52.Q CA-;-C,d1Qc clu5 '\ Please indicate below any further information that willN named boards, committees or commissions: tn�enJ�eW- of value regarding your service on the above DATE: g YOUR SIGNATURE2.0 RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Mr. R. Mitchel Beauchamp 1434 East 24th Street National City, CA 91950 Dear Mr. Beauchamp: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEOR E WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for (1) year from the date it is submitted. PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You may apply for more than one) ❑ Building Advisory & Appeals Board ❑ Civil Service Commission ❑ Senior Citizens Advisory Board ❑ Parks & Recreation Advisory Board ❑ Serra Library Systems Board ❑ Street Tree & Parkway Committee ❑ Project Area Committee ❑ Student Commissioner Planning Commission Port Commission Traffic Safety Committee Library Board of Trusetees Sweetwater Authority San Diego County Water Authority Housing & Community Sevelopment Committee Name:(Last) �j( C. k/ 4--#"1 k (First) R. IA{ t t e ( Birth Date j S J...l / 9q 6 Home Address: I4 3 4- S ( .R y- S1ve Telephone: Residence (6lct ) cf 7 7 O 2 q S .Business/Work (6 f J) 477 S 3 3 NUMBER OF YEARS YOU HAVE LIVED IN CALIFORNIA: CALIFORNIA: SG SAN DIEGO COUNTY: SG NATIONAL CITY:5-6 ARE YOU A REGISTERED VOTER: AYES ❑ NO School attending Grade Colleges Attended and Degrees Held, if any: S�i'l %( a 5-1 ! , k tvhe L S S G- : ✓J r d-e a- 9 y Related Professional qqr Civic Experience: 6, c cLA Ce",-srti-(7` PLEASE INDICATE BELOW ANY FURTHER INFORMATION THAT WILL BE OF VALUE REGARDING YOUR SERVICE ON THE ABOVE NAMED BOARDS, COMMITTEES OR COMMISSIONS: DATE: 2- 3 4'r."--9 act Z Your Signatur Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Mr. Robert Valderrama 1006 Angelo Drive National City, CA 91950 Dear Mr. Valderrama: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6;00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GE�H.ATERS MAYOR GHW:nu Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: il 1--ofF—P-A Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority X Housing & Community Development Committee (Last) Home Address: First) 1 O0 ��JGro ?ru a Birth Date (Optional) ljj von)c1 r ; Telephone: Residence NUMBER OF YEAR, YOU HAVE LIVED IN: CALIFORNIA? 5 7 SAN DIEGO COUNTY? (lots 41-70 —,''6 / ARE YOU A REGISTERED VOTER: YES ) Business/Work ( ) r NATIONAL CITY? NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) �47it �1P Yt € AO he' s silQl i4e1 m 3xi, r.„ a{.ay Colleges attended and degrees held, if any: /� ESrE epL, cry A. /-�nn i: / 5A J it 6O 5T,11 C — 56//T eLiiRelated Professional or vie Experience: O (f,/ A) iA C Or it4 lssi o� / f ilit 4- l� EA, ° d`J ,—flo e),301 J Please indicate below any further information that will be/i) f value regarding your service on the above t. )� named boards, comm[f�ite�s or commissions: / dine l C�7N it (( ii1 crj J � co "' po %111 E Diof n LLJ \l ;49)-1- .1 ViotL1t c0 AS A 9iV?9»r) c-EJEI- w /Tlf CA) NTy .01- 1444 rc� BET PT> iN7-3 ,SE. 60c>—rurr»,N3 GIS)NE.ss DATE: YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 l\Ar. Art Gunter 1305 East 26' Street National City, CA 91950 Dear Mr. Gunter: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORG H.ILWATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 60N TtA. (Last) Aer- Home Address: /7os- 644.c7 26 T" Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority / San Diego County Water Authority 2. Housing & Community Development Committee Birth Date B ? �d -'&- (First) (Optional) 4/rip #1 el77 C A- Q/9 re) Telephone: Residence ( G (5. g'7 S/ S&6 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? zr SAN DIEGO COUNTY? ARE YOU A REGISTERED VOTER: YES X ) Business/Work ( 62-6 co 79 S- NATIONAL CITY? NO 7 HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: x YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: S-A4/ Ateo pi 2 aS-G61°tec.1 12-0 Related Professional or Civic Experience: Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: DATE: 07' /Jr--G Z YOUR SIGNATURE a. /67 RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Ms. Alethea Pruitt 1321 Manchester Street National City, CA 91950 Dear Ms. Pruitt: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGL H. WATERS MAYOR GHW:nu Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name:t A1Cte. (Last) Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority X San Diego County Water Authority Housing & Community Development Committee (First) Birth Date g/2' % 3 (Opti nal) Home Address: l 3 a t nq 0_41 Ckt:S}-eij 6+• MO- fa7/joU e t h{�-e17 C q5-0 Telephone: Residence ((p [ Q ,. (e 7- 3317 ) Business/Work ( 61 (y a' 7 7` /iQ-O 56 2.. ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3y SAN DIEGO COUNTY? 3 8 NATIONAL CITY? .3 Z) ARE YOU A REGISTERED VOTER: YES X \ NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR H A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: YES: (PLEASE ATTACH SEPARATE EXPLANATION) tr s Colleges attended and degrees held, if any: Sat c.U-eAJe'ui Co (it 9. 3 'kJ!, CR . 014IvN2vks kA phnem x I C.V1C8 : 1\1 d avut_ Ukit V'Qi .S k1 gc, Vektma,, Related Professional or Civic Experience: lam- A61- R,ti ss s s; xpeittENce (OW t f O Cc1ThL tatty 4(9,3c .,, WC4. MC- 04-wc (L M Eta tcn 1-en cc-vt-c@ Ca l.14 i i k a ulf4c vt f I �S J€si 1 Please indicate below any further information that will be of vale regarding your serviceon the above named boards, committees or commissions: 4-6 E a I 1Go:#- 4 vvu _f c 1t►^e ear pec 1-e rcr N i a ra C i i r l jfki c P ceci -c-f DATE: '7/ 1 t / 0 Z-- YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Ms. Sue Jarrett 1335 N Avenue National City, CA 91950 Dear Ms. Jarrett: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORGE H. WATERS MAYOR GHW:nu ® Recycled Paper • CITY OF NATIONAL CITY • APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is Its purpose sad latest of ihit form to provide tbeCky Ceenc0 with as mad baeltsrouad inf rr nation as possible en these persons willing to servo on say of the Boerde and Comrds io., elite City of National City. Please note: This application win he kept on Ma and under consideration for one (I) VW from the date It It sabmitteda THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Budding Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: JARRETT 12/25/30 Birth Date (First) (Optional) Home'Address: 1335 N Avenue National City, CA 91950-4822 Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority X San Dkgo County Water Authority Haring & Community Development Committee (Last) SUE Telephone: •Residence( (619)477-3673 NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 50 SAN DIEGO COUNTY? ' 50 ARE YOU A REGISTERED VOTER: YES X ) Business/Work ( ) NATIONAL CITY? 45 NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: .X YES: (PLEASE ATTACH SEPARATE EXPLANATION) ci..,aa... ;Tom, ...:.::!t:_.d'ir.:C:'Sntt7v— gy"• Y 'IZ-7: Collegaattendedanddegreesheld,lfaay: Point LomamUniversity-Educational Specialist RaEinis�tft o TERAtgacheioreo 1SLvience iri Education Elementary E<eiatadrofossialaio Civic a: Director, n Sweet ater Auth ri Boa d; Adjunct Faculty al `ptioanal University for 14 years;Schooi Actainistrator for 28 'years -retired June 1986 Please Indicate below any further information that will be of value regarding your service on the above namcdboarde,committcesoreommissions: My experience and knowledge of water and chairing of committees pertaining to California water will add stability to Sweetwater Authority and communication with the City of National City. I am currently Vice Chairman of Sweetwater Authority; chair Communications Committee; "on Finance & Personnel Committee; represent SWA on ACWA Joint Powers Insurance Au•€nority.... DATE: 7/22/02 YOUR SIGNATURE RETURN COMPLETED POKM TO: CITY COUNCIL OP NATIONAL. CITY t243 NATIONAL CITY BOULEVARD NATIONALCITY,CA 919e 0 Chairman of Sweetwater Authority Board for 2 years; Chairman of ACWA Scholarship Subcommittee for 10 years; Past Chairman of Council of SD Water Utilities; current vicechairman of Water Agencies Assn of San Diego County; chairman of California Special Districts Assn Scholar- ship Committee; past polls inspector for my precinct; past secretary of National City Historical Society; rep of SWA to NWRA Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 11Ar. Ronald Detzer 1129 Mary Lane National City, CA 91950 VA:ft%r P: Dear Mr. Detzer: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, /4- ed GEORG H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on tile and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: (Last) Home Address: Lh� Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority Housing & Community Development Committee Birth Date (First) (Op Telephone: Residence ( Lj� Pt54 7) ) Business/Work ( NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? M2... SAN DIEGO COUNTY?�3 ARE YOU A REGISTERED VOTER: YES ✓ NO (4Ac) (ecn.-7 -c NATIONAL CITY? 2 0 HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD 3,CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: V YES: (PLEASE ATTACH SEPARATE EXPLANATION) 1ti Colleges attended and degrees held, if any: ci,A. Wp 4ks ►J �jr�� ��� 4� �►l, l 1 �r t Related Professional or Civic lxperience: ��� .si l( y� s Please i dicate below any further information that named boards, committees or commissions: CzNks- tvrk cx U,e-- 1, J Cam' DATE: 1 YOUR SIGNATURE RETURN COMPLETED FORM TO : fvwr�c1C. GSM . t* Q (,iv;`. SU C-6r^^^.- will be oflvalue regarding your serLice on the above J c,e�n�}� c eks tl'ck1 z S'en r CITY COUNCIL'OF NATIONAL CITY t 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor August 27, 2002 Mr. Frank Chenelle 3025 Plaza Boulevard National City, CA 91950 Dear Mr. Chenelle: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, September 3, 2002 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, }k /Lijat- GEOR H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: Cidei) L (Last) Home Address: �o2 /�'T Z'4 4ji/p Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweetwater Authority San Diego County Water Authority ,'t` Housing & Community Development Committee v.,,s .` /v /C (First) Birth Date (Optional) Telephone: Residence ( Gig- W?S- 57e9 ) Business/Work ( ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 6$ 8 SAN DIEGO COUNTY? (o e NATIONAL CITY? ARE YOU A REGISTERED VOTER: YES X NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: X YES: (PLEASE ATTACH SEPARATE EXPLANATION) qz Colleges attended and degrees held, if any: Related Professional or Civic Experience: / Z 1/41 i stJ c., 4Ti52. iaeedio d „44,yam • S !. No. Aeece Pi l ®�� /44,GA sci ooG d8rdr%the6,otw.e.,97,e0 Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: Gv4,JT G'bt'i, % W rlG9xy r Ree 4Tm) 4m.w,rJe<I<, 1 6 d %'e,, ®/' /*Prato& ft770,e40mr trett G'4,,e : Cep eudgexir I/%cr Flaw , t2Toe . DATE: YOUR SIGNAty1tE RETURN COMPLETED FORM TO : CITY COUNCIL OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor AUGUST 14, 2002 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: STREET TREE & PARKWAY COMMITTEE We currently one vacancy on the Street Tree and Parkway Committee. Ms. Cheryl Howrey-Colmenero has been interviewed by the City Council and would like to be considered for appointment. If there are no objections, I recommend we appoint Ms. Howrey-Colmenero to the Street Tree and Parkway Committee for a term ending on April 30, 2006. This item will be placed on the Council Agenda for the meeting of Tuesday, September 3, 2002. GEORGE'H. WATERS MAYOR GHW:nu Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 3, 2002 1 AGENDA ITEM NO. (-ITEM TITLE PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A COMMUNITY HEALTH CEN I'ER AT 1419 E. 8T" STREET, NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER (APPLICANT: KALUSUGAN COMMUNITY SERVICES) (CASE FILE NO. CUP-2002-11) PREPARED Y Charley Marchesano EPART E T Planning EXPLANATION The City Council set this item for public hearing at their August 6, 2002 meeting. The attached staff report describes the project in detail. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Conditional Use Permit be approved. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes— Unanimous ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 4. 2. - Planning Commission Resolution with Findings/Conditions of Approval 5. 3. Location Map 6. 4. Notice of Exemption 7. A-200 (9:99) Departmental Comment Site Photos Application and Brochure Applicant's Plans Background Report The project site is the Palm Plaza Shopping Center on the north side of E. 8`h Street, just west of Palm Avenue in the CL (Commercial Limited) zone. The Center consists of three buildings facing E. 8th Street, with 15,500 square feet of total floor area and 70 parking spaces. The center was originally approved in 1993 under a Specific Plan allowing for phased construction and reductions in Code required setbacks, landscaping and parking. The final phase of construction was recently completed, involving a 1,650 square foot building at the eastern end of the shopping center. Although Palm Plaza was originally proposed as a shopping center, the majority of its occupants are not typical retail uses. Horizons Adult Day Health Care Center was recently approved by the City, and currently is the largest tenant in the center. Other occupants include a dentist, nail salon and laundromat. Small commercial and office buildings are located east and west of the center, while single-family homes are to the south across E. 8th Street. At the top of a large bluff overlooking the project site from the north are several single-family homes. Kalusugan Community Services proposes to occupy the new, easternmost building in the center with the Filipino American Wellness Center. The wellness center is a non-profit organization seeking to improve the health of Filipino Americans by increasing awareness of potential health problems and educating the public on how to lead a healthy life. The applicant's attached information packet describes the center's goals and operations in further detail. The building is proposed to be used as an administrative center and gathering site. Standard hours of operation would be Monday through Friday, from 9 A.M. to 5 P.M., with nine employees. Several meetings are proposed monthly, including from 10-30 employees and volunteers. "Special events" will also be held, with up to 75 participants. These include workshops, cooking and exercise demonstrations, dances and seminars. The applicant has indicated that the building will not be separately rented for functions and that larger events will be held off -site. No exterior improvements are proposed to the building other than the new signage, which has recently been installed without permits. As indicated by the applicant, the proposed business is likely to include large assemblies at the site, especially during community meetings, demonstrations, and seminars. These special events have the potential to create problems with parking due to the large numbers of people visiting the site at one time. As many as 35-40 cars (two people per vehicle) could be parking at the shopping center during special events, assuming the maximum proposed occupancy is achieved. Since there are only 70 spaces in the entire center, and no street parking, other businesses in the center could be affected. In order to address this, the applicant has agreed to only hold special events in the evenings or on weekends. During these times, most other businesses in the center are closed, including the adult day care center and dentist office. The laundry business located immediately west of the community health center; however, will be open and patrons could have difficulty finding parking. The Planning Commission held a public hearing on this matter at their July 1, 2002 meeting. Several representatives of the applicant spoke in favor of the project; there was no testimony in opposition. The Commission found that the site was adequate for the proposed use and that the community center would provide a needed service to area residents. They also discussed potential parking and traffic issues and voted to approved the project with conditions limiting maximum occupancy to 75 persons, requiring larger events to only be held during evenings or on weekends, and requiring the rear door of the building to remain closed during special events. RESOLUTION NO. 18-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A COMMUITY HEALTH CENTER AT 1419 E. 8TH STREET, NEAR HORIZONS ADULT DAY HEALTH CARE CENTER IN THE PALM PLAZA SHOPPING CENTER APPLICANT: KALUSUGAN COMMUNITY SERVICES CASE FILE NO. CUP-2002-11 WHEREAS, the Planning commission of the City of National City, California considered a Conditional Use Permit application for a community health center at 1419 E. 8th Street, at a duly advertised public hearing held on July 1, 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-2002-11, maintained by the City, and incorporated herein by reference along with testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 1, 2002, support the following findings: 1. That the site for the proposed use is adequate in sizeand shape, since the 1,650 square foot building is large enough to accommodate the proposed Community Health Center as limited in occupancy by conditions of approval. 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 limited number of daily trips expected from the use will have little effect on area traffic since the site is served by E. 8th Street, an arterial street designed to carry a high volume of traffic and currently operating well below its capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval limit special events to weekends or evenings, when most other businesses in the center will be closed. In addition, noise from the use will be minor since all operations, including special events will be held inside the building, and conditions of approval require the rear door to the building to be closed during congregations. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide valuable health information and services to area residents. 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 Community Health Center at 1419 E. 8th Street. 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-2002-11, dated 5/6/2002. 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. 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. 4. Maximum occupancy at the site shall be limited to no more than 75 persons at any one time. Larger gatherings shall be held at an off -site location. 5. Alcoholic beverages shall not be permitted at the site at any time. 6. No more than two dances shall be held each month. 7. The rear door to the building shall remain closed during all special events or other events which may create excessive noise. 8. Special events or activities, such as demonstrations, seminars, meetings, dances, etc., with more than 30 persons in attendance shall only be held on weekends or during weekday evenings after 6:00 p.m., and conclude no later that 11:00 p.m. 9. 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; and, 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 revi w, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that�ity Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 15, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: C AI MAN PROJECT SITE (PALM PLAZA SHOPPING CENTER) ZONE BOUNDARY LOCATION MAP 1419 E. 8TH STREET CUP-2002-11 NATIONAL CITY PLANNING DRN DATE: 6/4/2002 INITIAL HEARING: 7/1/2002 TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2002-11 Project Location: 1419 E. 8th Street Contact Person: Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a Community Health Center in the Palm Plaza shopping center. Applicant: Ofelia Dirige Telephone Number: (619) 656-1983 731 Diamond Drive Chula Vista, CA 91911 Exempt Status: n Statutory Exemption. El Categorical Exemption, Class 1,15301 (Existing Facilities) n Not a project as defined in Section 15378 of CEQA • Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves only minor interior improvements to an existing building, to be used as a community health center. The project is exempt from CEQA since it can be seen with certainty that the activity will not have any significant effects on the environment. Date: Charley Marchesano Assistant Planner ® Recycled Paper \ City of National City Building and Safety Department 1243 National City Blvd., National City, CA 91950-4397 (619) 336-4210 Fax (619) 336-4217 u02 May 20, 2002 TO: FROM: Planning Department Kathleen Trees Building & Safety Dep ment SUBJECT: CUP-2002-11 Palm Plaza Shopping Center Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. ® Recycled Paper CUP-2002-11 SITE PHOTOS Proposed Community Health Center building looking northwest from E. 8 Street Palm Plaza Shopping Center looking west; proposed Community Health Center Building in foreground on right APPLICATION for zXX NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number CO P-2Q )2 - I I Filing Fee $ JQ) *te iReceipt No. Date Received 5/6)02^ By e E.A.F. Required f6 Fee $ Related Cases APN 557-102-08 SEE EXHIBIT "A" ATTACHED PROPERTY LOCATION 1419* E. 8th Street Palm and between COMBINED GENERAL PLAN/ZONING DESIGNATION CL No. Street flN?r * Street number has not yet been assigned Conditional Use/Planned Development/Maimed Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: al 1—d ✓' 11' at_ .� /�- I v S l�S c� `. ( i...-1 u,-+�- I-6,-) 1 Lc„ l. ?„,, )4.0 ; fit, 0a-m / z WPrk--a, (Lrr it }-ta Jt ^-e-i" / 1 . o G PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: NOEL D-l'e .pment :,.ration Name: Signature (Signature acknowle _ s that t »'s (Signature acknowledges that this application is being filed) application is being filed) Address: P.O. Box 985 Jamul, CA 91935 Phone No. (619) 669-2870 Fax No. Date: (619) 669-2872 7/20/01 Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICAT Name: /e-A-L-GtS u• 6-4-10 C HMG/?Y SE-tue/ (Please type or print) Signature: 149 ' (Si • ture certifies that the • rmation submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 13/ a/r-af £Lt i - V's. LA 9 Phone No. Fax No. Date: 610 �CZ— ./S(3 PI) q//k Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 EXHIBIT "A" Westerly Half of the Southeast Quarter of the Southeast Quarter of 40 acre Lot 2 in Quarter Section 131 of the RANCHO DE'LA NACION, in the City of National City, County of San Diego, State of California, according to Map thereof made by Merrill No. 166, on file in the Office of the Recorder of said San Diego County. EXCEPTING THEREFROM the Easterly 50 feet and that portion of the Northerly 190 feet lying Easterly of the Westerly 60 feet. ALSO EXCEPTING THEREFROM the Westerly 60 feet. ALSO EXCEPTING THEREFROM the interest in the Southerly 40 feet thereof which was conveyed to the City of National City by deed recorded in Book 931, Page 25 of Deeds. City of National City, California COUNCIL AGENDA STATEMENT rEETING DATE September 3, 2002 AGENDA ITEM NO. 2 (-ITEM TITLE PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATERS IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO.: CUP-2002-3) PREPARED BYAndrew Hoskinson ©EPARTMENTplanning EXPLANATION On August 20, 2002, City Council considered the Notice of Decision of the Planning Commission's action on this item. Council set it for hearing, since the applicant was not in attendance at the meeting. The attached report explains the project and decision of the Planning Commission to approve it. Environmental Review X N/A Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Unanimous Finance Director Account No. ATTACHMENTS ( Listed Below ) I. Background Report 2. Planning Commission Resolution with Findings and Conditions for Approval 3. Location Map 4. Notice of Exemption 5. Departmental Comments 6. Wireless Communications Facilities Map & Table Resolution o. 7. Site photos and photosimulations 8. Application and Applicant's Plans A-200 (9..99) BACKGROUND REPORT The project site is near Sweetwater Theaters in Sweetwater Town and Country shopping center, which is zoned Commercial General -Planned Development (CG-PD). The wireless facility will specifically be constructed on and adjacent to an existing brown, freestanding sign. The sign, which advertises Bally Total Fitness, Korea House restaurant and Sweetwater Theaters, is in a 3,000 plus square foot landscape area behind the Wunderland arcade. The area is primarily visible from the Interstate 805/State Route 54 interchange. The applicant proposes to mount five panel antennas on the previously mentioned freestanding sign. The one foot wide by four foot eight inch tall antennas will be mounted 58 feet up on the sign columns. They will protrudetthree to four inches from the columns, and will be painted brown to match the sign structure. They will also construct a 160 square foot equipment enclosure adjacent the arcade building. The 12 foot tall enclosure will have a flat roof, white stucco finish and a band of red tile trim to match the adjacent commercial building. The proposal does not achieve co -location with an existing wireless facility as encouraged by City policy. The applicant's primary objective is to increase system capacity and performance on and around Interstate 805, State Route 54 and Sweetwater Road. The proposed location achieves this. The closest existing wireless facility is located on the Sweetwater Inn property at 2435 Sweetwater Road, as shown on the attached wireless communications facilities map and table. Since it is over one -quarter of a mile to the east, it would not achieve their primary objective. The facility is consistent with City policy encouraging stealth design. Neither the antennas nor the equipment building should be readily apparent to passersby, as illustrated in the attached photo - simulations. Since the antennas will be located on an existing sign structure, no new utility poles are proposed. The previously described equipment building will only be noticeable from the Interstate 805/State Route 54 interchange, since a tall hedge and the existing Wunderland building hide it from view within the center. Additionally, those passersby on the interchange will probably not notice it, since they will be focused on driving. It does meet the City's Design Guidelines as approved by the Planning Commission. Planning Commission considered this item at a public hearing July 15, 2002. There was no public opposition to the proposal. The Commissioners discussed the structural integrity of the sign to handle the facility, and whether additional wireless facilities could be located at the site. The Commissioners voted to approve the Conditional Use Permit, since the applicant noted that additional wireless facilities could locate at the site, and since the project is well suited to the site. RESOLUTION NO. 20-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY NEAR SWEETWATER THEATRES IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: CINGULAR WIRELESS CASE FILE NO. CUP-2002-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility near Sweetwater Theatres in Sweetwater Town and Country Shopping Center at a duly advertised public hearing held on July 15, 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-2002-3 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 15, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility will be constructed in an unused portion of an existing 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 wireless facility is unmanned and will typically be visited only once a month for maintenance activities, and since the site can be accessed from Sweetwater Road, which is an arterial road. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the antennas will not be noticeable to passersby, and since the small equipment enclosure will be designed to match the nearby commercial buildings. 4. That the proposed use iA deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility. 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. CUP-2002-3, dated 6/25/2002. 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. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. Landscaping and irrigation systems disturbed or damaged during the construction of the wireless communications facility shall be replaced after construction is completed subject to approval by the Planning Director. 6. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 9. The equipment building shall have a flat roof and a band of red tile to match the adjacent commercial building, Wunderland Arcade, in the center. 10. All equipment, antennas and facilities shall be continuously maintained so that the equipment and structures remain in good condition. 11. 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. 12. 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 August 5, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: HIGHWAY 54 ■ os PROJECT SITE N l'14(1)."P CG-PD t o OS 0 100 200 300 Feet ZONE BOUNDARY - - - CITY BOUNDARY NATIONAL CITY PLANNING DRN. DATE: 6/28/02 INITIAL HEARING: 7/15/02 a.,, City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2002-3 Project Location: 1914 Sweetwater Road, National City, CA 91950 Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility in an existing shopping center. The private project involves construction of a 160 square foot equipment building and installation of antennas on an existing freestanding sign. Applicant: PlanCom, Inc. 6170 Cornerstone Ct. #180 San Diego, CA 92129 Telephone Number: (760) 715-8703 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of Small Structures) C Not a project as defined in Section 15332 of CEQA El Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal involves the placement of 5 small panel antennas on an existing sign and the construction of one small, 160 square foot, equipment building. The equipment building is considered an accessory building within an existing commercial shopping center. Date: Andrew Hoskinson Assistant Planner ® Recycled Paper City of National City Nri-V1AL CITY .1(.?.NDFPA RTIVIENT Building and Safety Department 1243 National City Blvd., National City, CA 91950-4301 (619) 336-4210 Fax: (619) 336-4217 June 12, 2002 TO: Planning Department FROM: Kathleen Trees Building & Safety De SUBJECT: CUP-2002-3 1914 Sweetwater Rd. 7777- 7, IDE Plans must comply with the 1998 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. .• • Recycled Paper 4t, City 4'; ational City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 34 ATIONAL 'ETEY NING DEPARTMENT Date: 03-18-02 To: Andrew Hoskinson, Assistant Planner From: Jeff Burriss, Deputy Fire Marshal Subject: CUP, Cingular Wireless @ 1914 Sweetwater Rd. MAR 2 0 716 The fire department has no objection to this project. We will, however, require an inspection by a fire department inspector prior to occupancy. Recycled Paper 9 Nts ® location of one or more facilities In National City A facilities In unincorporated area p pending approval ® City limit Wireless Communications Facilities 1000 0 1000 Feet National City Planning Dept. 8/23/02 Facility # APN Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna. 2 562-340-26 300 W 28th Street AirTouch Cellular AirTouch Cellular CDC Res. No. 94-28 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet. 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1995-11 Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services PacificBell Mobile Services CUP-1995-13 Located on roof of Quality Inn. PCS facility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. 7 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 8 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services CUP-1996-4 Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 9 559-160-13 1022 W 24th Street GTE Mobilnet GTE Mobilnet CUP-1996-5 CDP-1996-3 Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 5,63-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 11 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services CUP-1996-7 Located atop the existing Plaza Bonita sign. PCS facility- three antennas and two equipment cabinets at base of sign. 12 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular CUP-1996-8 60-foot high monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 13 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 14 564-472-01 3030 Plaza Bonita Road Nextel Communications Nextel Communications CUP-1997-8 Located atop Plaza Bonita sign. ESMR facility- nine antennas and equipment cabinet. 15 554-050-15 2005 E 4th Street GTE Wireless Lettieri-Mclntyre & Associates CUP-1998-4 Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 16 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications CUP-1999-4 60-foot monopalm on vacant commercial lot. 17 556-471-24 801 National City Boulevard AT&T Wireless Services WFI CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 18 19 20 21 22 23 24 25p 26 27p 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. Tim Kolset, WFI 561-360-35 18th and Newell Street Sprint Located in Las Palmas Park. Monopalm and equipment along with live palms. 555-082-11 111 W 9th Street Sprint Tim Kolset, WFI Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. Tim Kolset, WFI 564-250-50 2435 Sweetwater Road Sprint Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 28 29 30 31 32 33 34 35p 554-120-24 2701 E 8th Street PacBell Located at existing church. Antennas located in a 60-foot monument. Krystal Patterson, PlanCom AT&T Wireless Services CUP-2000-8 CUP-2000-9 CUP-2000-11 CUP-2000-14 CUP-2000-19 CUP-2000-24 554-120-18 2701 E 8th Street AT&T Wireless Services Located at existing church. Antennas located in a 60-foot monument. 562-330-43 152 W 33rd Street Sprint 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings. 554-120-24 2701 E 8'1' Street Sprint Tim Kolset, WFI Located at existing church. Wireless communication facility- nine antenna and equipment building. Moss & Associates, Inc. CUP-2000-30 555-053-17 700 National City Boulevard Skytel Corporation Located atop Holiday Inn Hotel. Wireless communication facility- 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors of four antennas each and equipment shelter. WFI CUP-2001-2 564-290-06 3300 block Cagle Street Sprint Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. CUP-2001-3 Connor, Riley and Associates CUP-2002-8 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 559-106-17 525 W. 20th Street Sprint Gianni & Associates Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 556-473-18 242 E. 8th Street AT&T FIXED Wireless Located atop an existing church. 554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. PlanCom 556-590-61 1019 Highland Avenue Cingular Wireless Located atop South Bay Plaza on an existing mechanical equipment screen. CUP-2000-27 CUP-2001-4 CUP-2001-6 CUP-2001-10 CUP-2001-12 CUP-2002-2 36p 563-231-38 1914 Sweetwater Rd. Cingular Wireless Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center. PlanCom CUP-2002-3 37p 564-290-06 3737 Sweetwater Rd. Cingular Wireless 72 foot tall monopine with standard equipment enclosure. PlanCom CUP-2002-4 38p 560-320-15 2100 Highland Avenue Cingular Wireless Approximately 40 foot tall monopalm on a vacant lot with a standard equipment enclosure PlanCom CUP-2002-5 39p 556-101-15 241 National City Boulevard Cingular Wireless PlanCom 12 panel antennas behind four new partial parapet walls atop an existing furniture store; four equipment cabinets outside CUP-2002-6 40p 558-200-24 2417 E. 18th Street Cingular Wireless Panel antennas located inside new light standards; equipment located inside existing commercial building. PlanCom CUP-2002-13 41p 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. CUP-2002-14 42p 563-010-47 2605 Highland Avenue Sprint Project Design Consultants Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. CUP-2002-18 1 u 563-063-29 2563 Grove Street Monopole located aside live palm trees. P91-026W 2u 563-184-47 2909 Shelby Drive 75-foot monopole and equipment building. P95-025 3u 563-062-17 2524 Prospect Street AT&T Wireless Services 35-foot monopalm with three sector directional antenna system and equipment cabinets. AT&T Wireless Services ZAP99-028 4up 564-310-32 3312 Bonita Heights Lane AT&T Wireless Services 50-foot monopalm.with four arrays of one antenna each and equipment cabinet. Gianni & Associates ZAP00-133 5up 563-063-29 2563 Grove Street AT&T Wireless Services Four antennas mounted on an existing 52-foot monopole with 162-sq foot equipment enclosure. Gianni & Associates MUP91-026W2 -41 -6- Proposed antennas nOOVnteOTn`� *`~ cx|stmg8gnoge PROPOSED �� Photosimulation of •roposed antenna location Proposed equipment:s e(ter land APPLICATION for NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number G vQ-2co2-- 3 Filing Fee $ ) Ste% Receipt No7#655$ Date Received 3) 12)02 By C'\/"•• E.A.F. Required Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION lq 1 -A- c 11 f (20 No. Street between 05 and 2...na COMBINED GENERAL PLAN/ZONING DESIGNATION co -°D Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: Liir oy - e eCcmfl or acxtion and O-rS Yelbied ea reek PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: t48noD Rer W) Name: Signature aqathd P1- Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 324 Sr i . qaM Phone No. Cg3tj) Fax No. 15 B IO Date: i4t - . Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (itr Oy V► V Il e (Please's}pe or print) Signatur (Sigfture certifies that the information s • . 'tted with this application is true and accurate to the best of the applicant's knowledge). Address: i D ir70 (W rs-60, Itlit San Di90 ) qa,19-q Phone No. (r COO) r11 g `v3 Fax No. Date: Cr/Cob) r135-4/13 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 n..an cingulan WIRELESS LETTER OF AUTHORIZATION February 11, 2002 City of National City 1243 National City Blvd. National City, CA 91950 Re: Letter of Authorization to pursue communications facility at 1914 Sweetwater Road. I, owner/agent of the below -described property, do hereby appoint Cingular Wireless (CW) my agent for the purpose of consummating any application necessary to insure their ability to use the property for which CW is negotiating a lease for the purpose of constructing a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: Assessor's Parcel Number: By: 1914 Sweetwater Road National City, CA 91950 563-231-39 /4 fe.h 04r Date SD-.;7.2-oz cngular Wilt ElESS PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD672-02 Town & Country 1914 Sweetwater Road National City, CA 91950 Prepared for: City of National City Department of Planning 1234 National City Boulevard National City, CA 91950 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-8703 Contact: Krystal Patterson, Planning Consultant March 6, 2002 Project Description (SD-672-02) Page 1 3/6/2002 singular INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all -digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At present, CW is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, CW is seeking approval from the City of National City for a new site at 1914 Sweetwater Road in the National City community. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy -to -use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by CW differs from typical cellular networks in that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight -fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The .PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventional landline telephone. The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. Project Description (SD-672-02) Page 2 3/6/2002 ingular WIRELESS SITE CHARACTERISTICS The proposed project is located at 1914 Sweetwater Road between 805 and N. Second Avenue. The underlying zoning of the proposed site is GC (General Commercial). Currently the sites use is a shopping center. The proposed facility will be located on the northern portion of the parcel. The area surrounding the proposed project consists of: North: Highway 805 South: Shopping Center East: Highway 805 West: Retail PROJECT OVERVIEW Cingular Wireless is proposing to facade mount a total of five panel antennas to an existing 72' high sign. All antennas and cable will be painted to match. Please see the site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: four (4) self-contained, Indoor (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will contain the electronic equipment necessary to operate the facility. The equipment will be located on the northern portion of the property within existing dirt area hidden from view. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low -power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non - ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a CW technician on an as -needed basis. Generally, this is Project Description (SD-672-02) Page 3 3/6/2002 ccrngularw WIR�4E3S likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell -sites') that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "locational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT JUSTIFICATION As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the County of San Diego. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to CW customers. Project Description (SD-672-02) 3/6/2002 Page 4 c ngularr W t.E LE$$ PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.S. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non - ionizing radio waves. Non -ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non -ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra -violet light, medical x-rays, and gamma rays. 3. Data currently available on the effects of electromagnetic transmissions on public health indicate that there is not the likelihood of negative impacts to public health and safety. Project Description (SD-672-02) Page 5 3/6/2002 cingular WIRELESS SITE JUSTIFICATION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITIES SD-672-02 Town & Country Shopping Center 1914 Sweetwater Road National City, CA 91950 Prepared for: City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Prepared by: Cingular Wireless 6170 Cornerstone Ct., Suite 180 San Diego, CA 92121 April 26, 2002 Site Justification (SD-672-02) Page 1 cingufarm WIRELESS BACKGROUND Cingular Wireless was established in 1994 as Pacific Bell Mobile Services, the wireless subsidiary of Pacific Bell. In 2001, Pacific Bell Wireless changed its marketing name to Cingular Wireless, taking advantage of the national wireless footprint of SBC and Bell South. Cingular is a public utility and has been continuously developing an all -digital wireless network throughout California and Nevada. In March of 1995, Cingular was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, Cingular formally unveiled its San Diego PCS Service. Since that time, the services have included basic wireless phone service as well as wireless data and internet capabilities. SITING JUSTIFICATION Since the initial market launch of the "Pure Digital PCS" network, radio frequency engineers at Cingular have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At present, Cingular is experiencing both poor network coverage as well as call capacity deficiencies throughout the City of National City. In an effort to respond to these network needs and to ensure customer satisfaction, Cingular is seeking approval from the City of National City to install a new PCS wireless communications facility at 1914 Sweetwater Rd. (Town & Country). The proposed facility is primarily designed to improve network coverage quality and call capacity in the vicinity of 1-805, Hwy. 54 and Sweetwater Rd. The attached radio frequency coverage exhibits illustrate the existing coverage condition as well as the predicted coverage from the proposed facility. Secondarily, the site will alleviate "call blocking" by increasing network capacity for Cingular subscribers in the general area. Site blocking occurs when all available call channels at a particular PCS antenna site are in use, thus, blocking other users from making a desired call. Because sites have a finite call capacity, the only way to provide additional call channels in an area is to add a new PCS antenna site. The proposed site is intentionally designed to be low in order to contain the signal in the desired coverage area to maximize network capacity objectives. Site Justification (SD-672-02) Page 2 cingularM WIRELESS OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to Cingular for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the Cingular facility is by design a low -power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non -ionizing waves generated. Most Cingular PCS facilities typically generate less than one (1) microwatt per square centimeter, significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a Cingular technician on an as -needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, Cingular typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION Cingular engineering, planning and leasing staff have been working to improve, enhance and expand the Pure Digital PCS network throughout the City of National City based upon subscriber complaints and known weak coverage areas. Like cellular systems, PCS employs a network of transmit/receive stations ("cell -sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "locational dependent", measuring that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. Site Justification (SD-672-02) Page 3 cingulai WIRELESS Moreover, limitations on network site capacity caused by tremendous subscriber growth have created the need to plan new PCS antenna sites in high call traffic areas to reduce call blocking/system busy signals. SITES CONSIDERED SD-672-02 Sweetwater Search Ring Search Ring Goal: To provide additional network capacity and improve network coverage quality in the southeastern commercial portion of the City of National City along 1-805, Hwy. 54 and Sweetwater Rd. The engineering objective is to be geographically located at or near the primary intersection of all three of these arterials. No alternative sites were considered in the development of this search ring. The proposed sign attachment represents the goals and objectives of the City' s wireless siting policy by co -locating on an existing structure and being architecturally integrated. CONCLUSION The proposed site is primarily designed for increased network call capacity and designed in the area best suited to alleviate network blocking/congestion from surrounding Cingular antenna sites. Improved coverage, especially in building, in this area of National City is a beneficial by-product of the addition of a new facility, but not the only reason why the site was chosen. Cingular feels that the facility as proposed meets both of these important technical siting objectives. NETWORK MAP —SEE ATTACHED FCC LICENSE —SEE ATTACHED GEOGRAPHIC AREA CONSIDERED FOR POTENTIAL SITES —SEE ATTACHED PHOTOSIMULATIONS —SUBMITTED PREVIOUSLY Site Justification (SD-672-02) Page 4 ©1997 Thomas Bros. Ma City of National City - Proposed Geographic Search Area - CUP 2002-3 Coverage Legend: Strong ® Moderate II Weak Coverage Legend: Strong R Moderate IN Weak City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 3, 2002 *Refer to Item #23 AGENDA ITEM NO. 3 ITEM TITLE PREPARED BY EXPLANATION PUBLIC HEARING REGARDING THE POLICE DEPARTMENTS PROPOSED APPROPRIATION AND EXPENDITURE OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. DEPARTMENT Lt. Keith Fifield Police (PA Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City received $113,399 as its share for fiscal year 2001/2002. These funds must be expended or encumbered by June 30, 2003, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental Review NIA Q�/lC�liJ = Mts Financial Statement There is no local match required for these funds. There will be no impact totheGeneral Fund. � Account No STAFF RECOMMENDATION Hold Public Hearing 208-411-102-230-0000 208-411-102-306-0000 208-411-102-316-0000 208-411-102-318-0000 208-411-102-342-0000 BOARD ! CO ISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 208-411-102-399-0000 208-411-102-502-0000 208-411-102-503-0000 208-411-102-508-0000 208-411-102-518-0000 208-411-102-515-0000 208-411-102-599-0000 A: Itemized Budget By Account Numbers Resolution No u.. A-200 (9/80 COUNCIL AGENDA STATEMENT PUBLIC HEARING REGARDING THE POLICE DEPARTMENTS PROPOSED APPROPRIATION AND EXPENDITURE OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. PAGE 2 Proposal The National City Police Department and Chief DiCerchio are therefore submitting a request that the City Council appropriate FY 2001/2002 Supplemental Law Enforcement Services Fund monies. The proposed resolution would authorize appropriation of $113,999 in FY 2001/2002 SLESF funds for the below requested technology and equipment purchases for the Police Department. All items include budget for installation, accessories and miscellaneous parts where applicable. (1) Serial Number Restoration Equipment Equipment would include a serial restoration master kit, various tools, test kits and chemicals. (200) Neighborhood Watch Signs 18" x 24" Large Aluminum Signs customized with National City name and phone numbers. (1) Hostage/Rescue Negotiator Phone A throw phone kit that allows a police negotiator to communicate with hostage takers or barricaded suspects. (6) Police Bicycles "Raleigh" police special bicycles, accessories, helmets gloves and one-year maintenance. (1) Krimesite Scope Direct View Kit Includes Digital Package to locate and record latent fingerprints. (1) Cassette Duplicator One button automatic duplication, expandable up to 3 copies at a time. For Property and Evidence to produce copies for court. (10) M26L Airtaser New M26L airtasers for patrol personnel to have access to less -lethal force options. (10) Pepperball Launchers and Updated Parts New Pepperball SA200 systems, 36 soft cases, 61 updated PA-SCON on/off slides. $2,500 $4,100 $6,500 $6,500 $21,000 $1,400 $4,500 $8,500 COUNCIL AGENDA STATEMENT PUBLIC REARING REGARDING THE POLICE DEPARTMENTS PROPOSED APPROPRIATION AND EXPENDITURE OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. PAGE 3 (15) SWAT Nomex Flight Suits 15 Nomex flight suits custom made by Flight Suits Limited, El Cajon. Provide fire protection for SWAT Officers. (1) SWAT Sniper Rifle (1) Remington 700.308 Rifle with scope, base mounts, case, and other accessories. ,f2)Explosive Containers/Boxes (1) Container 11 "x 16"x6 1/2" (1) Container 21"x17"x14" Boxes needed to safely store and transport SWAT breaching explosives. (5000) Child I.D. Kits (3000 Spanish, 2000 English) additional Child I.D. Kits to supplement the current program. Technology Equipment Servers, Software, Licenses Power Point Projector w/ laptop and Software, Modem Cards, Antennas, Mobil Docking Stations w/ accessories for patrol cars and Paron Hall workstation for records division. See attachment for more details. Investigations Audio -Visual Systems Upgrade and replace investigations audio-visual Equipment. Locate vendor who can provide and install state of the art interrogation audio-visual recording system. Contingency Funds The Police Department would like to hold the surplus amount for contingency funds for cost variances and future projects. $5,000 $2,300 $700.00 $2,600 $34,869 $6,000 $6,930 Total = $113,999 2001/2002 SLL.). FUNDS ITEM PO#NENDOR AMOUNT STATUS 208-411-102-230-0000 NEIGHBORHOOD WATCH $4,100.00 SIGNS TOTAL 208-411-102-306-0000 $4,100.00 NORTON PC ANYWHERE FOR $183.00 WIN 2000 ADOBE ACROBAT V5.0 LICENSE $85.00 MS WORD2000 UPGRADE $1,800.00 ADVANTAGE LICENSE TOTAL $2,068.00 208-411-102-318-0000 M26L AIRTASERS $4,500.00 PEPPERBALL LAUNCHER 36 SOFT CASES 61 PA-SCON ON/OFF SLIDES $8,500.00 EXPLOSIVE CONTAINERS/BOXES $700.00 TOTAL 208-411-102-318-0000 .. .. .. ... S.S... .... $13,700.00 ..._ 15 NOMEX FLIGHT SUITES CUSTOM $5,000.00 MADE TOTAL 208-411-102-342-0000 .. . ... - ., $5,000.00 10 NOVATEL MOBILE MODEM ANTENNAS $600.00 TOTAL $600.00 08/13/200210:00 AM] 2001/2002 SLESF FUNDS ITEM PO#NENDOR AMOUNT STATUS 208-411-102-399-0000 CHILD ID KITS $2,600.00 TOTAL 208-411-102-502-0000 $2,600.00 SERVER $18,000.00 PROJECTOR wlcase $3,800.00 LAPTOP -DEL INSPIRON 8200, $2,200.00 P41.6, 15SXGA TFT, 32 MB DDR, 4XVIDEO, 256 MB DDR RAM, 30 GB HD, WINDOWS XP PROF., INTEGRATED NIC/56K MODEM 24X CD-RW, 3YR WARR, MSOFF DOCKING STATIONS W/BRACKETS $6,000.00 FOR POWER ADAPTERS, CDPD ANTENNA, POWER MGMT KIT MISC WIRING & VEHICLE INSTALL TOTAL 208-411-102-503-0000 $30,000.00 WORK STATIONS PARRON HALL $2,201.00 TOTAL 208-411-102-508-0000 $2,201.00 CASSETTE DUPLICATOR $1,400.00 AUDIO VISUAL SYSTEM FOR $6,000.00 DECKS -� INVESTIGATIONS - CASSETTE CAMERAS ETC. -- TOTAL $7,400.00 08/13/2002. 00 AM] 2 W 2001/2002 SLESF FUNDS ITEM PO#/VENDOR AMOUNT STATUS 208-411-102-515-0000 HOSTAGE/RESCUE NEGOTIATOR ' $6,500.00 PHONE TOTAL $6,500.00 ITEM PO#NENDOR AMOUNT STATUS 208-411-102-518-0000 SWAT SNIPER RIFLE, REMINGTON 700 W/SCOPE, .308 BASE MOUNTS, CASE $2,300.00 TOTAL 208-411-102-599-0000 $2,300.00 SERIAL NUMBER RESTORATION $2,500.00 KIT W/TOOLS, TEST KITS & CHEMICALS (6) RALEIGH POLICE SPECIAL $6,500.00 BICYCLES, ACCESSORIES, HELMETS, GLOVES & 1 YEAR MAINTENANCE KRIMESITE SCOPE DIRECT VIEW $21,000.00 KIT W/DIGITAL PACKAGE TO LOCATE & RECORD LATENT FINGERPRINTS CONTINGENCY FUNDS $6,930.00 TOTAL $36,930.00 GRAND TOTAL $113,399.00 08/13/200210:00 AM] 3 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 3, 2002 AGENDA ITEM NO. 4 (ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED" "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1809 E. 17TH STREET (D. HOWERTON , TSC ITEM NO. 2002-22) PREPARED BY Adam J. Landa DEPARTMENT Engineering EXPLANATION Mrs. Deelta Hpwerton, the owner of 1809 E. 17th Street , has requested the installation of two red curb no parking zones adjacent to the driveway serving her property. According to Mrs. Howerton, parked vehicles are encroaching into her driveway thereby not allowing ingress and egress from her property. The Traffic Safety Committee approved 3 feet of red curb on each side of her driveway at their meeting on August 14, 2002. Environmental Review x N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolutio Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of August 14, 2002, approved the 3 foot red "No Parking" zones on both side of her driveway at 1809 E. 17th Street. ATTACHMENTS ( Listed Below ) 1.. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002-128 A-200 (9'99) 2002-22 RESOLUTION NO. 2002- 128 RESOLUTION OP THE CITY COUNCIL OF THE CITY OP NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO RED "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY AT 1809 E. 17TH STREET (D. HOWERTON, TSC ITEM NO 2002-22) WHEREAS, Deelta Howerton, the property owner of 1809 E. 17th Street, has requested the installation of two red curb no parking zones adjacent to the driveway; and WHEREAS, parked vehicles encroach into the driveway blocking the ingress and egress from her property; and WHEREAS, at its meeting of August 14, 2002, the Traffic Safety Committee approved three-foot red curb on each side of the driveway at 1809 E. 17th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish three-foot red no parking zones on each side of the driveway at 1809 E. 17th, National City. PASSED and ADOPTED this 3rd day of September 2002. ATTEST: Nfichael R. Dalla, City Clerk APPROVED AS TO FORM George H. Eiser, III City Attorney George H. Waters, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 14, 2002 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAYS AT 1809 E. 17TH STREET (BY: D. HOWERTON) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Deelta Howerton, the owner of the property at 1809 E. 17th Street, has requested the installation of a red curb "No Parking" zone adjacent to her two driveways. According to Mrs. Howerton, parked vehicles from her neighborhood are encroaching into her driveways thereby not allowing ingress and egress to her property. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to her two driveways at 1809 E. 17m Street. EXHIBITS: 1. Letter 2. Location Map 2002-22 7/31/2002 From: Sunnyview Apartments 1809 East 17 St. National City, Ca. 91950 Ph# 474-2580 To: National City Engineering Department 1243 National City Blvd. National City, Ca. 91950 Attn: Adam Landa We would like to request the curbs be painted red on both sides (Red Wings) on our two driveways. People have been parking so close to them that it has become a safety hazard when entering or leaving the premises. Sunnyview Apartments Deelta Howerton, Owner/ Manager N. Li z I I e:t 16t I • -1 17th 18th LOCATION MAP LAS PALAMAS ELEMENTARY SCHOOL City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 3, 2002 5 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PREPARED BY DEPARTMENT EXPLANATION Background On July 11, 2002, The National City Police Department applied for 2002 fiscal year Local Law Enforcement Block Grant funds. This program is administered by U.S. Department of Justice and is similar in many respects to the Community Development Block Grant funds in that they are awarded to local governments who then have a significant amount of flexibility in deciding how to expend the fluids. Local governments, cities and counties are eligible for LLEBG funds. The amount local law enforcement is eligible for is determined based upon the population and the crime rate according to the FBI Uniform Crime Reports. National City has received these funds for the past three years and the funds have been used to purchase technology and equipment. This year (FY 2002) National City is eligible to receive an award of $117,914 from the Local Law Enforcement Block Grant program. (cont.) Lt. Keith Fifield Environmental Review _XX_ N/A Police Financial Statement There is no impact to the General Fund. Local match will be funded with asset forfeiture funds. STAFF RECOMMENDATION Approve the Resolution. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS i led Belo A: LLEBG FY 2002 Application. Resolution No. 2002-129 A-200 (9/80) COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PAGE 2 The Police Department completed the initial on-line application on July 11, 2002, and the Bureau of Justice Assistance approved the award on August 2, 2002. We now have 45 days to "accept" the award and 90 days to submit our Request for Drawdown of funds. Ten percent of the total is required in local matching funds. As in years past it is the intent of the Police Department to fund the local match requirement with asset forfeiture funds. This year's local match is $11,791. One of the provisions of the 1998 Local Law Enforcement Block Grant program, is that in order to receive full funding, the City of National City must comply with Section 615 of the Fiscal Year 1998 Appropriations Act: Alu-O'Hara Public Safety Officers Health Benefits Act. This Act requires that entities which employ peace officers to provide officers who are retired or separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit, with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. Currently, the City of National City does not provide such health insurance benefits to peace officers retired under the above stated circumstances and is therefore out of compliance with this provision. As was the case with past LLEBG funds that the City of National City has received, this will result in a ten percent reduction of the LLEBG award for FY 2002, but not disqualification from receiving the funds. This reduced the FY 2002 award by 10%. The ten percent local match requirement is $11,791. The funds under this program may be used for any of the following "7 Purposes Areas." 1. Hiring, training, and employing new law enforcement officers and necessary support personnel, paying overtime to presently employed law enforcement officers and support personnel, and/or procuring equipment. technology and other material related to basic law enforcement functions. 2. Enhance school security and school security measures at any facility or location the local government considers to be at risk for crime. 3. Establishing or supporting drug courts. 4. Enhance the adjudication process of cases involving violent offenders, including cases involving violent juvenile offenders. 5. Establish multi -jurisdictional task forces, which work to prevent and combat crime. 6. Establish crime prevention programs. COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING POLICE DEPARTMENT REQUEST TO ACCEPT FY 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT AWARD. PAGE 3 7. Defraying the cost of indemnification or insurance for law enforcement officers. Local Law Enforcement Block Grant funds may not be used as local matching funds for Police Officers hired under the COPS Universal Hiring Program. These funds must supplement and not supplant normally budgeted programs, positions or equipment. Because this grant is year to year, and personnel costs are usually long term, funding under this program would be more appropriate for equipment and technology purchases than for hiring officers or personnel. The funding under this program would be ideal for meeting many of the Police Department's equipment and technology needs. Proposal The Police Department is requesting a Resolution, which would authorize the City Manager, andlor his designated public official to accept the FY 2002 Local Law Enforcement award of $117,914 with matching local funds of $11,791. The Police Department requests authorization for the City Manager and Chief of Police to sign any LLEBG grant related documents. After the award is accepted we request to begin the Request For Drawdown process, which includes the following. 1. A Public Hearing for the purpose of discussing the allocations of the FY 2002 LLEBG funds and completing the Public Hearing certifications. 2. Convening the established LLEBG Advisory Board with representation from all the required members at least one time and completing the Advisory Board certifications. 3. Complete the Project Information page on the application by naming and describing the projects funded with FY 2002 LLEBG funds, assign each project to one of the seven Purpose areas, and provide the project specific information. 4. Complete allocation information, including details by Allocation Category for all LLEBG funded projects 5. Allocate all of FY 2002 LLEBG funds within the seven purpose areas. Additional Council Agenda Statements will be submitted as required during the above process to hold the Public Hearing, authorize final appropriation of FY 2002 LLEBG funds and authorization for the City Manger to sign the final Grant Agreement and related documents. At this time the Police Department is preparing an expenditure plan to present to the LLEBG Advisory Board. RESOLUTION NO. 2002 - 129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE UNITED STATES DEPARTMENT OF JUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT WHEREAS, on July 11, 2002, the National City Police Department applied for a Local Law Enforcement Block Grant through the United States Department of Justice; and WHEREAS, said application was accepted and the Police Department was awarded $117,914 with a match from the City of $11, 791; and WHEREAS, it is now necessary to formally accept the grant award. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby accept the United States Department of Justice Local Law Enforcement Block Grant award in the amount of $ 117,914. PASSED and ADOPTED this 3`' day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney -Print Application Page 1 of 1 Application was submitted on July 11, 2002 12:58:44 PM EDT. LLEBG FY 2002 Application Date Certified : 11-JUL-02 IDate Submitted : 11-JUL-02 Jurisdiction Information (Disparate) Jurisdisctlon: National City County: SAN DIEGO State; CALIFORNIA CDFA Number; I 16.592 Budget Information Eligible Award Amount: $117,914 Final Award Amount $106,123 Match Amount: $11,791 Matching Funds Description: State and Local Government Units CEO Information Title: City Manager Name Prefix: Mr. Last Name : McCabe First Name : Tom Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619)336-4240 • Fax: (619)336-4327 Email: cmo@a.nafional- city.ca.us Program Contact Information Title: Lieutenant Name Prefix: Mr. Last Name : Afield First Name : Keith Address: 1200.National City Boulevard National City, CA 91950-4397 Telephone: 619-336-4543 Fax: 619-336-4525 Email: kfifietd@ci.national_ dty.ca.us Application Details Date Agreed to Trust Fund Requirement 08-JUN-02 Applicant Is PSOHB Compliant No Date Agreed to SPOC Requirement 08-JUN-02 Date Agreed to SAA Review Requirement 08-JUN-02 Date Agreed to Certifications: 11-JUL-02 Date Agreed to Assurances: 11-JUL-02 hops://grants.c jp.usdoj.gov:8004`/g/ms user/plsgUtlebg main.app read_only?p bgid=44_act... 8/13/02 74 C l�" -6if I t DP City of National City, California COUNCIL AGENDA STATEMENT Sept. 3,2002 MEETING DATE AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION t Background: RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED LEASED VEHICLE FROM "THE MILE OF CARS" FOR USE BY THE POLICE DEPARTMENT IN THE D.A.RE. PROGRAGM. DEPARTMENT Lt. Keith Fifield Police G� v The National City Police Department and the Mile of Cars have been working together to create an agreement whereby the Mile of Cars will donate a leased vehicle to the City of National City for use by the Police Department's Community Services Unit as a D.A.R.E. (Drug Awareness and Resistance Education) vehicle. D.A.R.E. programs across the nation have effectively utilized specially painted and decaled police vehicles to promote the D.A.R.E. program. The Mile of Cars has graciously offered to lease a vehicle at their expense and donate it to the City of National City for use as a D.A.R.E. police vehicle. After the end of the three-year lease agreement the vehicle will be returned to the Mile of Cars in good condition. The Mile of Cars intends the donated vehicle to be a 2002 PT Cruiser, a vehicle that fits well with the sporty hot rod tradition of D.A.R.E. vehicles. (Cont.) Environmental Review XX WA Financial Statement The City of National City will be responsible for vehicle maintenance, extra miles over lease agreement (15 cents per mile over 36,000 miles) insurance and exterior restoration prior to return to Mile of Cars at end of lease. Account No STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (L'ested Below } Resolution No. 2002-130 A-200 (9/80) w., COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED LEASED VEHICLE FROM "THE MILE OF CARS" FOR USE BY THE POLICE DEPARTMENT IN THE D.A.R.E. PROGRAGM. PAGE 2 Proposal The Mile of Cars proposes that they donate a leased vehicle, 2002 PT Cruiser, at their expense under the following terms and conditions: 1. The lease will be for 36 months, 36,000 miles. Any miles over that amount will be charged to the City of National City at 15 cents per mile. 2. The vehicle is to be used only for official business. 3. The City will perform all maintenance on the vehicle and it will be returned in good condition. 4. That the vehicle will be repainted to remove any symbols, logos, etc. so as to be resold at the end of lease or that the City will pay for same to the Mile of Cars. 5. That the City will insure the vehicle and agrees to hold the Mile of Cars harmless for any and all accidents and incidents involving the vehicle and its operators. The Police Department requests that the City Council approve acceptance of the donated leased vehicle under the conditions and terms proposed by the Mile of Cars. The Police Department does not expect the vehicle to exceed the 36,000-mile lease agreement. The D.A.R.E Officer(s) will only use the vehicle for D.A.RE. classes and special events to promote the D.A.R.E. program. It will not be used for general law enforcement purposes or patrol duties. Public Works believes the vehicle will require very little maintenance because it will be new and have limited use. Sheri Hernandez, the owner of California Auto Body, has agreed to donate all decals and painting and will restore the vehicle's exterior to acceptable condition at the end of the lease prior to return to the Mile of Cars. Her donation includes all materials and labor. RESOLUTION NO. 2002 -130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A VEHICLE FROM "THE MILE OF CARS" FOR USE BY THE POLICE DEPARTMENT IN THE D.A.R.E. PROGRAM WHEREAS, the National City Police Department and the Mile of Cars have been working together to create an agreement whereby the Mile of Cars will furnish a leased vehicle to the City of National City for use by the Police Department's Community Services Unit as a D.A.R.E. (Drug Awareness and Resistance Education) vehicle. D.A.R.E. programs across the nation have effectively utilized specially painted and decaled police vehicles to promote the D.A.R.E. program; and WHEREAS, the Mile of Cars has graciously offered to lease a vehicle at their expense and furnish it to the City of National City for use as a D.A.R.E. police vehicle. After the end of the three-year lease agreement the vehicle will be returned to the Mile of Cars in good condition. The Mile of Cars intends the vehicle to be a 2002 PT Cruiser, a vehicle that fits well with the sporty hot rod tradition of D.A.R.E. vehicles. WHEREAS, the City of National City will be responsible for vehicle maintenance, extra miles over lease agreement (15 cents per mile over 36,000 miles), insurance and exterior restoration prior to return to Mile of Cars at end of lease. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a vehicle from the Mile of Cars for use by the Police Department in the D.A.R.E. program, agrees to hold the Mile of Cars harmless from liability arising from the Police Department's use of the vehicle, and directs the Chief of Police to execute all necessary documents pertaining to the acceptance of said vehicle. PASSED and ADOPTED this 3rd day of September 2002. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney •::.:•:::::: ••; • NATIONAL CITY Anthony Dicrchio Chief of Police National City Police Department 1200 jpiational City Boulevard National City, Ca 91950 Dear Chief Dicrchio: July 29, 2002 I am pleased to inform you that it is the intention of The Mile of Cars to lease a 2002 PT Cruiser for your departments use in the D.A.1tE. Program. We are always happy to contribute to the betterment of National City and your fine force. In order to set out the terms of our agreement, I am listing below some conditions. I trust you will find them to your agreement and will so indicate by either signing below or sending me back a letter confirming the terms. 1. The lease will be for 36 months, 36,000 miles. Any miles over that amount will be charged to you at 15 cents per mile. 2. The vehicle is to be used only for official business. 3. The City of National City will perform all maintenance on the vehicle and it will be returned in good condition. 4. That the vehicle will be repainted to remove any symbols, logos, etc. so as to be resold at end of lease or that the City will pay for same by the Mile. 5. That the City will insure the vehicle and agrees to hold the Mile harmless for any and all accidents and incidents involving the vehicle and its operators. As I said, I hope you agree with these terms and will so indicate by either of the methods mentioned above. We are pleased to be a part of National City and look forward to helping you in the future. Sincerely, otryPeter Mossy President Mile of Cars Accepted: Date: City of National City PO. Box 1387, National City, CA 91951 City of National City, California COUNCIL AGENDA STATEMENT STAFF RECOMMENDAT Adopt the Resolution. .'EETING DATE SEPTEMBER 3, 2002 7 AGENDA ITEM NO. i—ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING THE CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT IN NATIONAL CITY, SPECIFICATION NO. 97-6 PREPARED SY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION See attached explanation. Environmental Review N/A Financial Statement The final total construction cost is $495,221.20AProvet! y 64-C,ULA-Aer This amount is within the estimated budget for the project. Funding is available ,„ ,Hance r Account No.313-409-500-598-6555, . 31-409-500-598-8019. The amount of the fin ,payment ("0% ret ntion) is $49,521.22, which will be due fol . .he recoydi,g of project acceptance. 0 0 g (/J BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) Resolution No. 2002-131 1. Resolution 2. Change Order Number One 3. Contract Final Balance 4. Notice Of Completion A-200 (9/99) RE: A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT, SPECIFICATION NO. 97-6 On October 24, 2000, by Resolution No. 2000-134, the City Council awarded a contract to T&M Electric, Inc. for the Traffic Signal Interconnect on National City Boulevard from 1st Street to 30th Street and on Plaza Boulevard from Roosevelt Avenue to Paradise Valley Road, Specification No. 97-6. Based upon the estimated bid quantities, the total bid cost for the project was $499,424.00, which included a Base Bid in the amount of $473,224.00 and an Additive Bid in the amount of $26,200.00. During the construction phase, certain bid quantities were adjusted to reflect the actual installed improvements in the field. As the result of the adjusted quantities, the total contract amount was reduced per each pertinent bid unit price in the amount of $4,211.80. The progress payments included each of the revised costs. The revised work and adjusted quantities are further detailed in the attached Change Order Number One and Contract Final Balance. On April 15, 2002, the final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The project acceptance process was delayed due to the discrepancies that were found on the contractor's payroll submittals. The payrolls had to be corrected and documented prior to acceptance of the project. The Contractor has recently provided the city with the required documents, and indicated that the established wage rates for the project have been met. The purpose of the Change Order Number One and Contract Final Balance is to finalize the contract quantities and construction completion time, and to address the revised work. The total original contract amount for the construction is reduced in the amount of $4,211.80 with a final cost at $495,212.20. Approximately 95% of the project is funded by the federal Congestion Management Air Quality (CMAQ) funds. RESOLUTION NO.2002- 131 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY BOULEVARD AND PLAZA BOULEVARD TRAFFIC SIGNAL INTERCONNECT PROJECT (Engineering Spec. No. 97-6) 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 T& M Electric, Inc., Engineering Department Specification No. 97-6, for the Bay Marina Drive Sewer Extension 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 1'hD this 3rd day of September, 2002. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 CHANGE ORDER NUMBER 001 Page 1 of 2 To: Mr. Hubert Perry, President T&M Electric, Inc. 9201 Isaac Street Santee, CA 92071 Date: January 23, 2002 Project: National City Boulevard and Plaza Boulevard Traffic Signal Interconnect Specification No. 97-6 Description of Change: This change order is prepared to describe revised work, and to address the new construction completion time. Discussion: The original quantities of the items No.1, 3, 4, and 14.(Base Bid), and item No. 3 (Additive Bid) were adjusted (increased/decreased) based upon the actual work done in the field. The attached contract final balance highlights these items. The work will be incorporated into the contract and paid for at the pertinent bid unit price. Contract Price Adjustment: Due to the adjustment of the above affected quantities, the total contract price is reduced in the amount of $4,211.80 from the original amount at $499,424.00 to a new contract total price at $495,212.20 per the bid unit prices. Contract Time Adjustment: As a result of this change order the contract completion time was extended 150 working days. The contract completion date was originally established as September 12, 2001. The final contract completion date was April 23, 2002. 1 Recycled Paper CHANGE ORDER NUMBER 001 Page 2 of 2 This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and incidentals for continuing the work within time as adjusted above. T&M Electric will not be entitled to damages or additional payment for delays as described in the 1997 edition of Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work within the time as adjusted above. Failure of the Contractor to complete the work within the time allowed by this change order will result in damages being sustained by the City as specified in the Subsection 6-9 of the Contract Specifications. Recommended for Approval by: m Daneshfar, City Project Man Approved by: vo2 Hui Electric on . Myers Director of Public orks /City Engineer Date 3— a DZ City of National City Resolution Number Date 2 —lge1of3 CONTRACT FIKeLL BALANCE Traffic Signal Interconnect on National City Blvd/Plaza Blvd SPECIFICATION NO.97-6. PROJECT NO.: 6555 FINAL INSPECTION DATE: 4/15/2002 COMPLETION DATE: 9/3/2002 h NO. ITEM QNTY UNIT UNIT PRICE ORIGINAL AMOUNT ACTUAL QUANTITY ACTUAL AMOUNT 1. Electrical Conduit 25,000 LF $10.50 $262,500.00 24,674 $259,077.00 2. Pull Box (No.6) 52 EA $300.00 $15,600.00 52 $15,600.00 3. Splice Pit 9 EA $1,000.00 $9,000.00 8 $8,000.00 4. Fiber Optic Cable (36 26,000 LF $3.60 $93,600.00 26,582 $95,695.20 5. Fiber Optic Cable (6 Fiber Breakout Cable w/fan out 44 EA $160.00 _ $7,040.00 44 $7,040.00 6. Fusion Splicing 264 EA $31.00 $8,184.00 264 $8,184.00 7. Fiber Optic Data Link Modem W/C2 Cable and 25 EA $1,100.00 $27,500.00 25 $27,500.00 8. Fiber Optic Data Link 4 EA $900.00 $3,600.00 4 $3,600.00 9. Rack Assembly for Data Link Modems, (plus 36 1 EA $3,400.00 $3,400.00 1 $3,400.00 10. Splice Closure in Pull Box 17 EA $600.00 $10,200.00 17 $10,200.00 1 . Splice Closure in Splice 6 EA $600.00 $3,600.00 6 $3,600.00 12. Construction Traffic C Signal Modification at Plaza/Paradise 1 LS $4,000.00 $4,000.00 1 $4,000.00 14 2" PVC Electrical C Total $473,224.00 $467,264.20 Page 2 of 3 CONTRACT FINAL BALANCE Traffic Signal Interconnect on National City Blvd/Plaza Blvd SPECIFICATION NO.97-6. PROJECT NO.: 6555 ADDITIVE BID FINAL INSPECTION DATE: 4/15/2002 COMPLL "l ION DATE: 9/3/2002 NO. 1. 2. 3. 4. ITEM Electrical Conduit (3")(PVC) - Trenched Splice Pit QNTY 1,000 UNIT LF UNIT PRICE $8.00 ORIGINAL AMOUNT $8,000.00 ACTUAL QUANTITY 791 ACTUAL AMOUNT $6.328.00 1 EA $1,000.00 $1,000.00 Fiber Optic Cable (36 Fibers in 6 Buffer Tubes) Construction Traffic Control Total 4,500 1 LF LS $3.60 $1,000.00 $16,200.00 $1,000.00 1 5,450 1 $1,000.00 $19,620.00 $26,200.00 $1,000.00 $27,948.00 CONTRACT FL.,E L BALANCE ,`sge 3 of 3 Traffic Signal Interconnect on National City Blvd/Plaza Blvd SPECIFICATION NO.97-6. PROJECT NO.: 6555 FINAL INSPECTION DATE: 4/15/2002 COMPLETION DATE: 9/3/2002 The final total contract price for the base and additive bids to date is $495,212.20. The total time provided for completion in the contract is changed from 100 working days to 250 working days. The Contractor accepts this Final Balance as full compensation for the work. Recomme for Approval by: Daneshfar, City Project M Approved by: ers Director of Public Wor, e s /City Engineer City of National City Resolution Number Date Date 1--26p Date Date 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 September 3, 2002, of the TRAFFIC SIGNAL INTERCONNECT PROJECT, SPECIFICATION NO. 97-6 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at National City Blvd./Plaza Boulevard Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A 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 T&M dba PERRY ELECTRIC Name of Original Contractor The following work and material were supplied: Electrical, General Concrete General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2002; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2002, at , California. Signature: GEORGE H. WATERS, MAYOR FORMSM0001-1 STAFF RECOMMENDAT EETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 3, 2002 8 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT, SPECIFICATION NO. 02-8 PREPARED BY Michael Long DEPARTMENT Public Works/Engineering EXPLANATION On August 15, 2002, two bids were received and opened for the National City Station #34 Diesel Exhaust Ventilation System Project, Specification No. 02-8. The project includes the installation of two complete Source Capture Diesel Exhaust Ventilation Systems at Fire Station #34, one for each of the Fire Engines. Staff has reviewed all the proposals and found the lowest responsive bidder, Aair Purification Systems, qualified to perform the work. The total cost of the project is estimated to be $13,200. This amount includes the construction bid price of $10,995, plus 20% ($2,200) for contingencies and inspection. Environmental Review Financial Statement N/A Approved By: The total cost of the project is estimated to be $13,200. This amount is within th estimated budget for this project. ndi g is available through Account Number • N/377, Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Fi_,4.1nee ) for 1-409-500-598-1177. Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet A-200 (9199) Resolution No. 2002-132 RESOLUTION NO. 2002 - 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO AAIR PURIFICATION SYSTEMS FOR THE NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM PROJECT (SPEC. NO. 02-8) WHEREAS, the Engineering Department of the City of National City did, in open session on August 15, 2002, publicly open, examine and declare all sealed bids for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification No. 02-8 to the lowest responsive, responsible bidder, to wit: AAIR Purification Systems BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with AAIR Purification Systems for the National City Fire Station # 34 Diesel Exhaust Ventilation Project, Specification no. 02-8. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3'd day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Bid Opening Date August 15, 2002 NO. 1 NATIONAL CITY FIRE STATION SPECIFICATION UST VENTILATION SYSTEM PROJECT, ITEM Purchase and install two (2) Source Capture Diesel Ventilation Systems TOTAL NAME RANK QTY 1 UNIT LS AAIR PURIFICATION SYSTEMS UNIT PRICE $ 10,995.00 AMOUNT $ 10,995.00 $10,995.00 FORBES CONSTRUCTION UNIT PRICE $ 11,850.00 AMOUNT $11,850.00 $11,850.00 BID OPENING SPECIFICATION NUMBER: 02-8 PROJECT TITLE: NATIONAL CITY FIRE STATION #34 DIESEL EXHAUST VENTILATION SYSTEM OPENING DATE: THURSDAY, AUGUST 15, 2002 TIME: 3:00 P.M. ESTIMATE: $16,500.00 PROJECT ENGINEER: MICHAEL LONG NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 16 ) ADDENDA (PAGE 13) BID SECURITY (PAGE (PAGE 18 BOND) 1. AAIR PURIFICATION SYSTEM 9040 KENAMAR DRIVE, STE. 402 SAN DIEGO, CA 92121 $10,995.00 YES CHECK 2. FORBES CONSTRUCTION 13877 PIONEER ROAD APPLE VALLEY, CA 92307 $11,850.00 YES BOND 3. 4. 5. bid02-8 Ci of Notional City, California COUNCIL AGENDA STATE E T MEETING DATE September 3, 2002 9 AGENDA ITEM NO, ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION PREPARED BY EXPLANATION Roger C. DeFratis Personnel Dir //or DEPARTMENT Personnel Representatives of the City have met and conferred in good faith with the representatives of the National City Police Officers' Association (NCPOA) and have reached agreement on a proposed three (3) year Memorandum of Understanding concerning salaries, benefits and other conditions of employment. This proposed Memorandum of Understanding has been ratified by the members of the POA. The effective date of this agreement is July 1, 2002, and would continue through June 30, 2005. A summary of changes from the most recent agreement is attached and a full copy of the agreement is on file in the Office of the City Clerk. Environmental Review X N/A Financial Statement This agreement would direct the City Manager to allocate the necessary funds to implement this agreement in full. The estimated cost for Fiscal Year 2002-2003 is approximately $300,000. STAFF RECOMMENDATION Recommend approval of Resolution. BOARD/ COMMISSION RECOMMENDATION N/A .ATTACHMENTS (Listed Below 1. Summary of Changes 2. Resolution Account Na, Resolutions Noe 2002-133 A-200 (Rey. 9(130) RESOLUTION NO. 2002 - 133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR FISCAL YEARS (2002-03, 2003-04, 2004-05) WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government_ Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum understanding (MOU) between the City of National City and the National City Police Officers Association for the period July 1, 2002 through June 30, 2005. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 2002-03. A copy of said Memorandum of Understanding shall be on file in the office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 3rd day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Term of Agreement Salary Increases Health and Dental Retirement Benefit Holidays Uniforms Pay Differentials Longevity SUMMARY OF CITY/POA AGREEMENT MAJOR ECONOMIC ISSUES 3 years; July 1, 2002 through June 30, 2005 2% effective first pay period of September, 2002 2% effective first pay period of January, 2003 2% effective first pay period of April, 2003 2% effective first pay period of July, 2003 2% effective first pay period of January, 2004 2% effective first pay period of July, 2004 3% effective first pay period of January, 2005 Effective July 1, 2002, the City will increase coverage to the following: $295.00 per month 80% of Premium for Kaiser and PMI Dental Employee Only Employee + 1 80% of Premium for Kaiser and PMI Dental Employee + 2 or more 2% @ 50. The PERS contract will be amended to provide 3% @ 50 effective July 1, 2004. Cesar Chavez will now be honored as a floating holiday, and Martin Luther King as a fixed holiday. $600 effective August, 2002 $650 effective August, 2003 $700 effective August, 2004 Police Liaison Officer - $123 per month Dog Handler - 4% of base salary per month Motorcycle Duty - 4% of base salary per month Bilingual Pay - 2% of monthly base salary for Sergeant & Lieutenant 3% of monthly base salary for Officer & Senior Officer $40 per month - 15 years of service $45 per month - 20 years of service $50 per month - 25+ years of service AEETING DATE 09/03/02 City of National City, California COUNCIL AGENDA STATEMENT 10 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE TRAUMA INTERVENTION PROGRAM (TIP) FOR TRAUMA INTERVENTION SERVICES PREPARED BY EXPLANATION In April 2002, the City Council approved the concept of contracting with the Trauma Intervention Program (TIP). Funding for TIP has been approved in the Fiscal -Year 2003 CDBG Program. The final agreement has been negotiated and approved by the City Attorney. TIP has already trained several volunteers and is currently available to serve National City. Kevin Killacky,l " Captain PART ENT Fire Environmental Review N/A Financial Statement Funds are budgeted in the Fiscal -Year 2003 CDBG Program. STAFF RECOMMENDATION 79-7 Account No. Approve Resolution authorizing the Mayor to sign an agreement with the Trauma Intervention Program (TIP) for trauma intervention services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS d Listed Below ) 1. Resolution. 2. Agreement with the Trauma Intervention Program (TIP) for trauma intervention services. A-200 (9/8C) Resolution No, 2002-134 RESOLUTION NO. 2002 — 134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. WHEREAS, the City is desirous of Trauma Intervention Programs of San Diego, Inc. (TIP) providing a rang& of emotional and practical support services to victims of traumatic event and their families; and WHEREAS, victims of traumatic events sometimes require assistance in making arrangements for shelter, food, transportation, and receiving necessary information and referral services; and WHEREAS, TIP is a contractor which has the ability to provide such services; and WHEREAS, the parties wish toenter into an agreement whereby TIP will furnish such services; NOW, THEREFORE, be it resolved that the City Council for the City of National City does hereby authorize the Mayor to execute an agreement with Trauma Intervention Programs of San Diego, Inc. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 31 day of September 2002. George H. Waters, Mayor A1F1'EST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: OJA' George H. Eiser, III City Attorney AGREEMENT BETWEEN CITY OF NATIONAL CITY AND TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. THIS AGREEMENT is made and entered into this_ day of , 2002 , by and between the City of National City , a municipal corporation, hereinafter referred to as "City," and Trauma Intervention Programs of San Diego County, Inc., hereinafter referred to as "TIP." WITNESSETH: WHEREAS, the City is desirous of TIP providing a range of emotional and practical support services to victims of traumatic events and their families; and WHEREAS, victims of traumatic events sometimes require assistance in making arrangements for shelter, food, transportation, and receiving necessary information and referral services; and WHEREAS, TIP is a contractor which has the ability to provide such services; and WHEREAS, the parties wish to enter into an agreement whereby TIP will furnish such services; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. DEFINITIONS (a) "Effective date" shall be the date this Agreement is entered into by both the City and TIP. (b) "Client" shall mean the victims and family members of victims of traumatic events. 2. SERVICES AND DUTIES (a) TIP shall make available to the City sufficient information to enable the City to contact the appropriate TIP volunteer, including 24-hour on -call phone number, address and name of volunteers, supervisors (when appropriate), as well as alternate or backup telephone numbers. (b) TIP or TIP's employees and/or volunteers shall provide all vehicles and equipment necessary for the performance of this Agreement and shall be responsible for maintenance of said equipment and vehicles. -1- (c) TIP shall provide all personnel, volunteers, supplies and equipment necessary for the efficient and effective operation of the services and programs provided for herein. (d) TIP personnel shall provide emotional and practical support to the victims of traumatic events and their family members. Said emotional and practical support services shall include but shall not be limited to providing on -scene emotional support to clients; making necessary telephone calls; making arrangements for clean-up services; notifying family, friends and others; assisting in the arrangement of follow-up services; providing information and referral services; performing follow-up contact to verify the client's welfare. (e) TIP shall comply with all applicable local, state or federal laws or regulations. 3. COMPENSATION FOR SERVICES For the term of this Agreement, the City agrees to pay $6,600.00 To TIP for services provided for in Section 2 of the agreement. 4. INDEPENDENT CONTRACTOR In the performance of the obligations under this Agreement, it is understood and agreed that TIP is at all times acting and performing services as an independent contractor, and the City shall exercise no control or direction over the manner and means by which TIP performs its obligations under this contract, except as herein stated. All persons employed by or volunteering for TIP in the performance of TIP's services and functions shall be considered employees, volunteers and agents of TIP and no person employed by or volunteering for TIP shall be entitled to any City pension, civil service, or any status or right, nor shall he or she be deemed to be a City employee as a result of this Agreement. 5. INDEMNIFICATION TIP promises and agrees to defend, protect, indemnify, and save harmless the City, its officers, agents, and employees, from and against any and all claims, demands, and liability for damages for personal injury or property damage suffered by reason of any act or omission of TIP or TIP's employees, volunteers, agents or contractors, or by any reason of any dangerous or defective condition caused or permitted by TIP or TIP's employees, volunteers, agents or contractors. The City promises and agrees to defend, indemnify and save harmless TIP, it officers, agents, and employees, from all claims, demands and liability for damages for personal injury or property damage suffered by reason of any act or omission of the City or the City's officers or employees, or by reason of any dangerous or defective condition caused or permitted by the City or the City's -2- officers or employees, except where such action, omission, or condition is caused by or is the result of an action, omission, or request of TIP or TIP's officers, employees or volunteers, or is alleged to arise out of the execution of this Agreement. 6. INSURANCE (a) TIP shall secure and maintain throughout the contract period, and any extensions thereof, professional liability insurance, public liability insurance, property damage, and vehicle .- liability insurance effective as of the effective date of this Agreement, and shall be protected from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the Agreement. Said insurance shall be maintained in full force and effect during the term of this Agreement or renewals or extensions thereof. Such a policy shall be for not less that $1,000,000.00 for injuries, including accidental death, to any one person and, subject to the same limit for each person, in an amount not less than $1,000,000.00 on account for any one occurrence, and $1,000,000.00 for property damage, and shall be placed with a company authorized to conduct business in the State of California. Copies of all policies or certificates shall provide for thirty (30) days written notice to the City prior to any reduction in coverage or cancellation. Such insurance coverage shall be primary and shall not require any contribution by the City or by the City's insurance carriers. (b) Said policies, except for the professional liability and worker's compensation policies shall name the CITY and its officers, agents and employees as additional insureds. (c) If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such coverage for three years after expiration of the term (and any extensions) of this Agreement. (d) Insurance shall be written with a company authorized to conduct business within the State of California, which holds a current policy holder's alphabetic and financial size category rating of A- VI according to Best's Key Rating Guide, or a company of equal financial stability that is approved by the City's Risk Manager. (e) The limits of such insurance shall not be deemed a limitation of TIP' s agreement to save and hold the City harmless and if the City becomes liable for an amount in excess of the insurance, TIP will save and hold the City harmless from the whole thereof. (fl The City reserves the right to increase the amounts of insurance coverage described herein above, and to require any additional riders or provisions in said policies or certificates as shall be considered necessary by the City Attorney of the City and/or the City Manager of the City consistent with the terms and conditions of this contract. TIP shall comply with said increase or other change within thirty (30) days after notice from the City. -3- (g) Workers' Compensation. TIP shall secure and maintain throughout the term of this Agreement, Worker's Compensation insurance as prescribed by the laws of the State of California. A certificate evidencing such coverage shall be filed with the City Manager's Office. Said certificate shall provide that the City will be given at least thirty (30) days written notice prior to cancellation 7. TERMINATION (a) For Cause. If either party fails to perform any duties or obligations imposed on it by this Agreement and such failure continues for thirty (30) days after written notification by one party to the other, then this Agreement will be in breach and the party providing such notice may terminate this Agreement immediately thereafter. (b) Without Cause. Either party at any time may terminate this Agreement without cause upon the giving of sixty (60) days prior written notice to the other of such intent to terminate at the address set out in Section 9 of this agreement. (c) Reimbursement of Compensation. If this Agreement is terminated prior to the end of the term specified in Section 8, TIP shall reimburse the City a pro rata amount of the full compensation for the months remaining in the term of the Agreement. 8. TERM This Agreement shall commence as of the date this agreement is signed by both parties and shall continue through the 1st day of July, 2003 . 9. NOTICES Notices shall be deemed given under this Agreement when in writing and personally delivered or placed in the U.S. Mail, first class, postage prepaid, addressed as follows: City: TIP: Mayor 1243 National City Boulevard National City, CA 91950 Trauma Intervention Programs of San Diego County, Inc. 2560 Orion Way Carlsbad, CA 92008 -4- 10. ASSIGNMENT / AMENDMENT / ENTIRE AGREEMENT / NO CONTINUING WAIVER This Agreement constitutes the entire agreement between the parties. It may be amended only in writing signed by both parties. No waiver of any term or condition of this Agreement shall be deemed a continuing waiver thereof. This Agreement is binding upon TIP and their successors and assigns. Except as otherwise provided herein, TIP shall not assign, sublet, or transfer its interest in this Agreement or any part thereof without the prior written consent of the City. Any such assignment shall, at the option of the City, immediately void this Agreement. IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers on the day and year first above written. CITY OF National City By: George H. Waters Mayor TRAUMA INTERVENTION PROGRAMS OF SAN DIEGO COUNTY, INC. By: By: (AgreementwCity) Ki<rlena Rannals President Board of Directors Bob van Wulven Secretary Board of Directors -5- City of National City, California COUNCIL AGENDA STATEMENT lEETING DATE September 3, 2002 11 AGENDA ITEM NO. /ITEM TITLE RESOLUTION NAMING THE NATIONAL CITY COMMUNITY CENTER BUILDING AT 140 EAST 12TH STREET THE "MARTIN LUTHER KING, JR. COMMUNITY CENTER" AND APPROVING THE FABRICATION AND INSTALLATION OF A SIGN TO IDENTIFY THE BUILDING AS NAMED PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION Over the past several months, the City Council has discussed naming the National City Community Center Buildlig the "Martin Luther King, Jr. Community Center". However, no formal action has been taken by the City Council to name the building as such. Adoption of the attached Resolution will formally accomplish the naming. A new sign is proposed to identify the building's new name. The sign will be hung over the main doors to the building. The sign will be similar in size and look as the existing signs identifying the building as containing the Community Development Commission and the Parks and Recreation Department. A picture is attached showing the existing signs. Also attached is a scale drawing of the proposed sign. Environmental Review X N/A Financial Statement Approved The cost of the sign fabrication and 'nstallation of the proposed sign be absorbed Finance Director into the existing Public Works Faci Lie. M. intenance Budget. STAFF RECOMMENDATIrrPal. r"- Adopt the Resolution n_ - r g the builiding 'The Martin Luther King, Jr. Community Center", and approving the fabrication and installation of the sign to identify the building in accordance with the naming. BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below ) 1. Photos 2. Resolution Resolution No, 2002-135 A-200 (9;99) RESOLUTION NO. 2002 - 135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY NAMING THE NATIONAL CITY COMMUNITY CENTER BUILDING AT 140 EAST 12TH STREET THE "MARTIN LUTHER KING, JR. COMMUNITY CENTER" AND APPROVING THE FABRICATION AND INSTALLATION OF A SIGN TO IDENTIFY THE BUILDING AS NAMED BE IT RESOLVED by the City Council of the City of National City that the National City Community Center Building at 140 East 12th Street is hereby named the "Martin Luther King, Jr. Community Center". BE IT FURTHER RESOLVED that the City Council hereby approves the fabrication and installation of a sign to identify the building as named. PASSED and ADOPTED this 3`d day of September, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM George H. Eiser, III City Attorney George H. Waters, Mayor A 0-I 1/2"(typ) KING, JR. s,/°MARTIN LUTHER COMMUNITY CENTER 12" ,MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 3, 2002 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH NATIONAL CITY SUZUKI FOR INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 5 W. 18TH STREET ALONG ROOSEVELT AVENUE AND NATIONAL CITY PROPERTY PREPARED BY James Slade DEPARTMENT Public Works/Engineering EXPLANATION I heodore Brown, Susan Brown Sanchez, and Jim Pyle, the owner(s) of the property located at 5 W. 18th Street, and Hargrave Environmental Consulting, Inc., After seeking an encroachment agreement to install three groundwater monitoring wells within the public right-of-way on Roosevelt Avenue north of 18th Street. The wells are needed to monitor for the potential presence of Total Recoverable Petroleum Hydrocarbon (TRPH) and minimize the impact on soil and groundwater. The installation and well monitoring shall be performed by Hargrave Enviromental Consulting, Inc. as required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The proposed monitoring well will be constructed of a two-inch solid and perforated PVC pipe casing within a sand, bentonite slurry, and concrete sealed slurry within a six-inch diameter drilled boring with a total well depth of fifteen feet, completed with traffic rated water resistant covers. A Faithful Performance Bond in the amount of $2,000 has been posted with the City of National City as a security for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent street resurfacing, restripping, and any required well -head adjustment. ( Environmental Review N/A X Financial Statement None STAFF RECOMMEND •:% s Adopt the Resol . ion/- BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Encroachment Agreement 2. Site Plan 3. Monitoring Well Construction Detail Resolution No. 4. Resolution 2002-136 A-200 )9.99) RESOLUTION NO. 2002 — 136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH NATIONAL CITY SUZUKI FOR INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 5 W. 18TH STREET ALONG ROOSEVELT AVENUE AND NATIONAL CITY PROPERTY WHEREAS, on September 3, 2002, the matter of an encroachment permit was presented to the City Council by the applicant National City Suzuki for installation of three groundwater monitoring wells at 5 W. 18'' Street along Roosevelt Avenue and National City property. WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City promising to comply with all requirements of the City of National City. NOW, THEREFORE, be it resolved that the City Council hereby accepts that certain document entitled "Encroachment Agreement", executed by National City Suzuki and directs the City Clerk to record the same. PASSED and ADOP IED this 3rd day of September 2002. George H. Waters, Mayor AT LEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: h George H. Eiser, III City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure shown in Exhibit "C" within a CITY easement or right-of-way as shown in Exhibit "B" for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on Roosevelt Street, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well on Roosevelt Street prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on Roosevelt Street and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in writting at least 48 hours prior to any intended monitoring and sampling of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. QUESTIONS 1) What is the time of completion of drilling and well Construction? 8:00am - 4:00pm 2) What is the time required to install each well? 2 hours 3) How long will the wells stay in the street? approx I year 4) How long will the abandonment of the wells be? (time frame) every 3 to 6 months 5) How often is the monitoring and sampling of the wells? 1 Hour 6) How long does it take to purge and sample each well? 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? Hargrave Environmental Consulting, Inc. • 8) Who will be responsible for top of well head adjustment? Hargrave Environmental Consulting, Inc. ?-/V- . c rgrave President w ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 0/ On 1y � � %--�/ before me, ALW personally appeared t� l�'� le/(Chk��-s) i ! 471 e. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature f Pcir> 4ro4 Me.Feem /1111 e e me �"` ,'•. MICHAEL S. METTIcr) co y. COMM. #1217695 n C) - - Lae NOTARY PUBLIC.CALIFORNIA —4 O rh -.7 SAN DIEGO COUNTY CA ,,. My Comm. Expires April 30, 2003 (This area for official notarial seen Aug-12-02 08:40A P.01. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED OWNER\APPLICANT Dated: 8/12/02 Chuck Hargrave Person in Responsible Charge (print name) R58-26R-42d8 24 hr. Phone Number Hargrave Environmental Cpnsulting, Inc, Firm Name Chuck Hargrave Printed Name & Signature 8360 Clairemont Mesa Blvd #107 San Diego, CA 92111 Mailing Address 858-268-4248 Phone Number P.S. Attach notary certification for the name shown above. California All Purpose Acknowledgement Notary only. SA:jha2 enc* o Use HARGRAVE ENVIRONMENTAL CONSULTING, INC. Site Assessment / Remediation Legal Descriptions Subject: 5 West 18th St. (three parcels) Legal Owner: JRP Auto Center Inc., Mr. Jim Pyle, Principle t A parcel of land located in the State of California, County of San Diego, with a situs address of 5 w. 18th St, National City, CA 91950-5521 CO28 currently owned by JRP Auto Ctr, Inc. having a tax assessor number of 560-143-26-00 and being the same property more fully described as 0.59 AC M/L in alley CLSD & IN lots 5-10 & in13 thru lot 18 blk 18 TR 348 and described in document number 542305 dated 06/06/2001 and recorded 08/01/2001. d A parcel of land located in the State of California, County of San Diego, with a situs address of 5 W 18th St, National City, Ca 91950-5521 CO28 currently owned by JRP Auto Ctr Inc having a tax assessor number of 560-143-25-00 and being the same property more fully described as alley CLSD ADJ & POR Blk 18 TR 348 and described in document number 542305 dated 06/06/2001 and recorded 08/01/2001. A parcel of land located in the State of California, County of San Diego, with a situs address of 5 W 18th St, National City, CA 91950-5521 CO28 currently owned by JRP Auto Ctr Inc having a tax assessor number of 560-143-22-00 and being the same property more fully described as POR ST CLSD ADJ to Lot 1 Blk 18 TR 348 and described in document number 542305 dated 06/06/2001 and recorded 08/01/2001. EXHIBIT "A" 8360 Clairemont Mesa Blvd., Suite 107 . San Diego, CA 92111 ® Phone (858) 268-4248 ® Fax (858) 268-4528 hargraveenvironmental.com WEST 18TH STREET NATIONAL CITY BOULEVARD W W U U ASPHALT STORAGE AREA FOR OLD CARS PARKING PARKING 1.9 ASPHALT V U H LL LL O SALES OFFICE O SERVICE O AREA MACHINE/ UPHOLSTERY SHOPS VACANT LAND FORMER UST CAR SALES LOT + 0 SIDEWALK ROOSEVELT STREET ITRUCK/TRAILOR PARKING DEANS WEST COAST RADIATOR WEST 18TH STREET LEGEND 0 LOCATION OF PROPOSED SOIL SAMPLE POINT/ TEMPORARY WELL POINT NOTE: 3 OF S WELL POINTS WILL BE CONVERTED TO MONITORING WELLS 1111 LOCATION OF HYDRAULIC LIFTS OUT OF OPERATION X X FENCE CHIEF AUTO SALES NATIONAL CITY AUTO SERVICES AND TIRE ONATIONAL SUNROOF AND UPHOLSTERY TRAFFIC DELINIATOR ALL DIMENSIONS AND LOCATIONS APPROXIMATE SCALE 1" = 50' 0 25 50 7° 5 WEST 18TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 299.1.7 FIGURE NO. 2: SITE PLAN EXHIBIT "B" 5 WEST 18TH STREET GR U\DWAT R M-\ITORINIG WELLS SURFACE GRADE CONCRETE SEAL 0-3 FEET 2,5 FEET 7 0 0 WELL COVER RAISED SLIGHTLY TO INSURE WATER DOES NOT FLOW IN BENTONITE SEAL 3-4 FEET FILTER PACK #2/I2 MONTEREY SAND 4-15 FEET TRAFFIC RATED WELL COVER LOCKING CAP SOLID CASING 2-INCH PVC 0-5 FEET PERFORATED CASING 2-INCH PVC, 0.01" SLOTS 5-15 FEET FLUSH THREADED END CAP 5 WEST 18TH STREET NATIONAL. CITY, CALIFORNIA PROJECT NO, 29917 TOTAL DEPTH = 15 FEET FIGURE NO. 4. WELL CONSTRUCTION DETAILS EXHIBIT "C" City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE September 3, 2002 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH THE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL SERVICES PERTAINING TO EMPLOYMENT RELATION MATTERS PREPARED BY Roger ] 'atis ARTMENT Personnel EXPLANATION The proposed action would extend the Agreement with Liebert Cassidy Whitmore under which that firm is retained for assistance on employee relation matters. The previous Agreement expired on August 31, 2002. The new contract year would run from September 1, 2002 through August 31, 2003. Under the proposed Agreement, similar services would be provided at no increase in retainer costs. Funds are budgeted in the 2002-03 budget. This service has proven to be highly effective and useful during the previous term of the Agreement by providing City access as needed to a labor relations legal specialist who is familiar with National City. i Environmental Review N/A Financial Statement Total fee of $20,000 is budgeted. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS i Listed Below 1 Proposed Resolution Proposed Agreement Approved By: Finance Director Account No 001-4�'-000-213 Resolution No. 2002-137 A-200 )e 99•' RESOLUTION NO. ' 137 A RESOLUTION OF 1'HE CITY COUNCIL OF 1'HL CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IRE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYEE RELATIONS MATTERS BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to enter into an agreement with the law firm of LIEBERT CASSIDY WHITMORE to provide special legal services pertaining to employee relations matters. Said agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 3r4 day of September, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ANNUAL RETAINER AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into this ls` day of September, 2002, between the CITY OF NATIONAL CITY, A Municipal Corporation (hereinafter "City") and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (hereinafter "Attorney"). WHEREAS City desires to retain expert representation and consulting services to assist City in its relations and negotiations with its employee organizations; and WHEREAS Attorney is specially experienced and qualified to perform the services desired by the City and is willing to perform such services: NOW, THEREFORE, City and Attorney agree as follows: 1. At the direction of the City Manager, or his/her designee(s), Attorney shall perform for the City all necessary and reasonable services relating to employer -employee organization relations and employment relations, including the providing of expert advice to the City Council and City Manager or their designee(s), representing City in negotiations with employee organizations, the drafting of Memorandums of Understanding, planning, reporting and study sessions with City Management, and assistance in administering Memorandums of Understanding and personnel ordinances and rules. 2. For Attorney's aforesaid services performed under this Agreement, City shall pay Attorney an annual retainer fee of $20,000 for one bargaining unit negotiation. Said fee is payable as follows; Five Thousand Seven Hundred Dollars ($5,700.00) upon the effective date hereof, and eleven (11) monthly payments of One Thousand Three Hundred Dollars ($1,300.00) on or before the first day of each month during the balance of the term hereof, commencing September 1, 2002; plus necessary costs and expenses as authorized by the City: provided however, the City may, at its option, compensate Attorney for additional unit negotiations at the hourly rates provided for under paragraph 3 below. Said fees shall be payable on the fifteenth day of each month during the term hereof commencing on the effective date of this agreement. 3. Representation in connection with administrative hearings and court proceedings are not covered under the basic services hereunder. Attorney shall, upon request of the City, provide such representation at the rate of between One Hundred Thirty -Five and Two Hundred Sixty Dollars ($135.00 - $260.00) per hour for the :actual time such representation services are rendered, plus necessary costs and expenses authorized by the City. Daniel Cassidy's billable rate is $230.00 per hour. Steve Berliner's billable rate is $190.00 per hour. Nate Kowalski's billable rate is $185.00 per hour. 4. The term of this Agreement is twelve months, commencing September 1, 2002, through August 31, 2003. The term may be extended for additional periods of time by the written consent of the parties. 5. It is understood and agreed by the parties that Attorney is and shall remain an independent contractor under this Agreement. The parties have caused this Agreement to be executed and to be effective the day and year first above written. LIEBERT CASSIDY WHITMORE CITY OF NATIONAL CITY A Professional Corpor . A Municipal Corporation By � (pJfW"t/� ° 4 1 J�/wv�.r — By Date f , 2002 2 Date , 2002 I. PUBLIC AGENCY FEE SCHEDULE (Hourly Rates) Partners $ 200.00 - $260.00 Associates $ 145.00 - $190.00 Of Counsel $ 200.00 - $240.00 Graduate Legal Assistants $ 110.00 Law Clerks $ 95.00 Paralegals $ 90.00 II. COST SCHEDULE 1. Photocopies 2. Facsimile Transmittal 94911.1 3 $ 0.15 per copy $ 1.00 per page City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE September 3, 2002 14 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council of the City of National City Adopting An Amended Conflict of Interest Code which incoxj,orates by reference The Fair Political Practices Commission's Standard Model Conflict of Interest Code, and Rescinding Resolutions No. 2000 - 124 PREPARED BY EPARTMENT George H. Eiser, III City Attorney EXPLANATION See attached memorandum Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution Memorandum Resolution No. 2002-138 A-200 (9.99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: August 27, 2002 FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of Interest Code As you know, the Political Reform Act requires various city officials to file annual statements of economic interests. Those required to file statements may be divided into two groups -- those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. Additionally, those individuals who must file a statement under the conflict of interest code is prescribed by such code. The criteria for determining whether an officer, employee, board member or commissioner should file a statement of economic interests under a conflict of interest code are set forth in Section 18700 of Title 2 of the California Code of Regulations, and in Section 82019 of the Government Code. Essentially, if an individual's duties involve making or participation in the making of governmental decisions that may have a material effect upon a financial interest of that individual, then the individual is subject to the reporting requirement. Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the city) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on September 26, 2002, pursuant to Resolution No. 2000-124. At the present time, it is recommended that the Code be amended to reflect changes in various designated positions in the City Staff, as follows: City Engineer Deleted Assistant Director of Public Works/Engineering Added Director of Public Works/City Engineer Added Principal Civil Engineer Deleted The proposed resolution would accomplish these amendments. GEORGE H. EISER, III City Attorney ® Recycled Paper RESOLUTION NO. 2002 - 138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION' S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2000-124 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that, except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2000-124 is hereby rescinded. PASSED and ADOPTED this 3rd day of September, 2002. AT1EST: 1 Michael R. Dalla, City Clerk APPROVED AS TO FORM 11./rJ gast":Ar George H. Eiser, ffl City Attorney George H. Waters, Mayor Title 2 Fair Political Practices Commission § 18730 § 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure cate- gories in the Appendix referred to below constitute the adoption and pro- mulgation of a conflict of interest code within the meaning of Govern- ment Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code al- ready in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Re- form Act, such as the general prohibition against conflicts of interest con- tained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regula- tions of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18100, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those desig- nated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly in- cluded within the jurisdiction in which those persons must report their fi- nancial interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.' Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure cate- gories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the finan- cial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees with- in its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promul- gated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each per- son already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Sen- ate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated po- sitions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assum- ing Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving of- fice statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under pen- alty of perjury that during the period between appointment and resigna- tion he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Exhibit A Page 444.5 Register 2002, No.3; 11 18-2002 § 18730 BARCLAYS CALIFORNIA CODE OF REGULATIONS Tide 2 (6) Section 6. Contents of and Period Covered by Statements of Eco- nomic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of as- suming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nom- inated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and busi- ness positions held or received during the previous calendar year pro- vided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of as- suming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, inter- ests in real property, income and business positions held or received dur- ing the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or inter- est in real property exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dol- lars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a descrip- tion of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be re- ported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). (D) Business Position Disclosure. When business positions are re- quired to be reported, a designated employee shall list the name and ad- dress of each business entity in which he or she is a director, officer, part- ner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the busi- ness entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the peri- od covered by the statement, the statement shall contain the date of acqui- sition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated em- ployee of a state or local government agency, shall accept any honorari- um from any source, if the member or employee would be required to re- port the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part—time mem- ber of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reim- bursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $320. (A) No member of a state board or commission, and no designated em- ployee of a state or local government agency, shall accept gifts with a to- tal value of more than $320 in a calendar year from any single source, if the member or employee would be required to report the receipt of in- come or gifts from that source on his or her statement of economic inter- ests. This section shall not apply to any part—time member of the govern- ing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (t), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a per- sonal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she va- cates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a re- tail installment or credit card transaction, if the loan is made or the in- debtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. Page 444.6 Register 2002, No. 3; I-18-2002 Title 2 Fair Political Practices Commission § 18730 (D) No public official who is exempt from the state civil service sys- tem pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Ar- ticle VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdi- vision shall not apply to loans made by banks or other financial institu- tions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivi- sion shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or can- didate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent —in—law, brother—in—law, sister—in— law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this sec- tion. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or - dates when payments shall be due on the loan and the amount of the pay- ments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent —in—law, brother—in—law, sister—in—law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. lithe loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. lithe loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan ag- gregating to less than two hundred fifty dollars ($250) during the pre- vious 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business consider- ations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguish- able from its effect on the public generally, on the official or a member of his or her immediate family or on: -- (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a direc- tor, officer, partner, trustee, employee, or holds any position of manage- ment; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $320 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participat- ing in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this sec- tion. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services or 18705.2(c) totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying in- terest in it, the determination not to act may be accompanied by disclo- sure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commis- sion pursuant to Government Code section 83114 or from the attorney for Page 444.7 Register 2002, No. 3; 1-1822002 § 18730 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 2 his or her agency, provided that nothing in this section requires the attor- ney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees vio- lating any provision of this code are subject to the administrative, crimi- nal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91015. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Govern- ment Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. 'Designated employees who are required to file statements of economic inter- ests under any other agency's conflict of interest code, or under article 2 for a dif- ferent jurisdiction, may expand their statement of economic interests to cover re- portable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statrmruts, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. 2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the mean- ing of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent chil- dren as well as a pro rota share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect orbeneficial interest of 10percent or great- er. 5A designated employee's income includes his or her community property in- terest in the income of his or her spouse but does not include salary or reimburse- ment for expenses received from a state, local or federal government agency. 6lncome of abusiness entity is reportable if the direct, indirect or beneficial in- terest of the filer and the filer's spouse in the business entity aggregates a 10 per- cent or greater interest. In addition, the disclosure of persons who are clients orcus- tomers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. NOTE: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsec- tions and amendment of NoTs filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (bx5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for Cali- fornia Mental Health Planning Council filed 11-22-93 pursuant to title 1, sec- tion 100, California C'Me of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Regis- ter 94, No. 1). 13. Editorial correction adding HISTORY 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and NOTE filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8XA) -(B) and (b)(8.1)(A), repealer of subsec- tion (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; opera- tive 10-23-96 pursuant to Government Code section 11343A(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of NOTE filed 8-24-98; operative B-24-98 pursuant to Govern- ment Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(S.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6r2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemak- ing requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April27,1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). [The next page is 445.] Page 444.8 Register 2002, No. 3; 1-18-2002 APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. PT JRPOSE This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq. to provide for the disclosure or prevention of all foreseeable potential conflicts, of interest; to provide affected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other state and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERA!. PROVISIONS A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income which do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCI .t7STJRF The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." 1 The Disclosure Categories are: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property and sources of income subject to the regulatory, permit or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, mate- rials, machinery or equipment. CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: 2 DISCLOSURE DESIGNATED POSITIONS CATEGORIES 1. Mayor, Council Members/Chairman, Members of Community Development Commission 2. City Manager 3. City Attorney/Community Development Commission Attorney 4. City Treasurer 5. Director of Finance 6. Financial Services Officer 7. Members of the Planning Commission 8. Advisory and Appeals Board 9. Assistant City Attorney/Senior Assistant City Attorney 10. Assistant City Manager 11. Assistant Director(s), Community Development Commission 12. Police Chief 13. City Clerk 14. Building Inspector/Plan Checker 15. City Librarian 16. Civil Service Commission 17. Code Conformance Officer 18. Assistant Director of Public Works /Engineering 19. Director of Building and Safety 20. Director of Parks and Recreation 21. Director of Planning 22. Director of Public Works/City Engineer */ 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 1,2,7 23. Executive Director, Community Development Commission 1,2,7 24. Fire Chief 1,2,7 25. Battalion Chief 1,2,7 26. Housing and Community Development Committee 1,2,7 27. Lilbrary Board of Trustees 1,2,4,7 28. Park Superintendent 1,2,7 29. Director of Personnel 1,7 30. Police Captain 1,2,7 31. Principal Librarian 1,2,7 32. Principal Planner 1,2,7 33. Project Area Committee 1,2,7 34. Purchasing Agent 1,2,7 35. Risk Manager 1,2,7 36. Traffic Engineer 1,2,7 37. Transit Director 1,2,7 38. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Exec. Director or Purchasing Agent. */ These positions file disclosure statements as required by Government Code § §87200-87210. They are listed here for disqualification purposes only. See Government Code §87200 for disclosure requirements. City of National City, California COUNCIL AGENDA STATEMENT ,AEETING DATE September 3, 2002 AGENDA ITEM NO. 15 7-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO SCHEIDEL CONTRACTING AND ENGINEERING, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, SPECIFICATION NO. 02-03 PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION On August 12, 2002, six bids were received and opened for the Miscellaneous Concrete Improvements at Various Locations in National City, Specification No. 02-03. The project consists of the removal and replacement of the existing curb and gutter (981-LF), existing sidewalks (7808-SF), and installation of new concrete sidewalks (41100-SF), driveways (3757-SF) and pedestrian ramps (81-EA), including minor pavement repairs, traffic controls, clearing and grubbing at the various locations in National City. Staff has reviewed the bid documents and found the lowest responsive bidder, Scheidel Contracting and Engineering, Inc. qualified to perform the work. The total cost for the work is estimated at $503,915. This amount includes the proposed lowest bid amount ($388,915), approximately 15% ($58,000) for inspection, approximately 3% ($14,000) for surveying, approximately 1% ($4,000) for material testing services, and approximately 10% ($39,000) for contingencies. The Bid Opening Information Sheets are attached for further review. CEnvironmental Review N/A Financial Statement The funds are available in Accoun ` os. 109-409 a STAFF RECOMMENDATION 4W Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: inance Director -598-6137, and 301-409-500-598-6137 ""yv.. Account o. ATTACHMENTS ( Listed Below ) Resolution No. 2002-139- 1. Resolution 2. Bib Opening Information Sheets 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9 99) RESOLUTION NO. 2002 - 139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SCHEIDEL CONTRACTING AND ENGINEERING, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, SPECIFICATION NO. 02-03 WHEREAS, the Engineering Department of the City of National City did, in open session on August 12, 2002, publicly open, examine and declare all sealed bids for the Miscellaneous Concrete Improvements of Various Locations Project, Specification No. 02-03. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Miscellaneous Concrete Improvements of Various Locations Project, Specification No. 02-03 to the lowest responsive, responsible bidder, to wit: Scheidel Contracting and Engineering, Inc. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with Scheidel Contracting and Engineering, Inc. for the Miscellaneous Concrete Improvements of Various Locations Project , Specification no. 02-03. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3`d day of September, 2002. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: �44'z, George H. Eiser, III City Attorney George H. Waters, Mayor BID OPENING SPECIFICATION NUMBER: 02-3 PROJECT TITLE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS OPENING DATE: MONDAY, AUGUST 12, 2002 TIME: 3:00 P.M. ESTIMATE: $440,000 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13 OR 14) BID AMOUNT (PAGE 15 ) ADDENDA (PAGE 13) BID SECURITY AGE 20-CHECK PAGE 19 BOND) 1. SCHEIDEL CONTRACTING AND ENGINEERING, INC. P.O. BOX 1796 LA MESA, CA 91944 $388,915.00 YES YES 2. PORTILLO CONCRETE, INC. 374 EAST "H" STREET, STE. "A" PMB500 CHULA VISTA, CA 91910 $ 399,366.00 YES YES 3. HEFFLER COMPANY 1800 MCKINLEY AVENUE $471,070.00 YES YES NATIONAL CITY, CA 91950 4. SIM J. COMMUNICATION P.O. BOX 261107 SAN DIEGO, CA 92196-1107 $519,627.45 YES YES 5. SOUTHLAND CONSTRUCTION P.O. BOX 10458 ANAHEIM, CA 92815 $531,853.00 YES YES 6. HMS CONSTRUCTION 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92069 $590,282.14 YES YES bid02-3 Misc. Concrete Improvements at various locations in National City Spec. No. 02-03 SCHEIDEL Item Description moun PORTILLO Unit Cost Amount HEFFLER Unit Cost Progress Est. No. 8/14/02 Amount 1 1 LS Clearing & Grubbing $ 52,665.00 $ 52,665.00 $ 6,000.00 $ 6,000.00 $ 20,000.00 $ 20,000.00 2 7808 SF Conc. Sidewalk Remove&Replace per G7 $ 6.00 $ 46,848.00 $ 5.00 $ 39,040.00 $ 6.00 $ 46,848.00 3 34 EA Install Ped Ramp per G28, TypeA-1 or Mod. $ 1,000.00 $ 34,000.00 $ 1,000.00 $ 34,000.00 $ 1,500.00 $ 51,000.00 4 20 EA Install Ped Ramp per G29, or Mod. $ 1,200.00 $ 24,000.00 $ 1,000.00 $ 20,000.00 $ 1,500.00 $ 30,000.00 5 27 EA Install Ped Ramp per G31 or Mod. $ 1,200.00 $ 32,400.00 $ 1,000.00 $ 27,000.00 $ 1,500.00 $ 40,500.00 (with curb or gravity wall on PL) 6 981 LF 6" or 8" Type "G" Curb&Gutter $ 20.00 $ 19,620.00 $ 25.00 $ 24,525.00 $ 30.00 $ 29,430.00 Removal & Replacement per G-2 7 141 TN Variable Thickness A.C. $ 100.00 $ 14,100.00 $ 160.00 $ 22,560.00 $ 160.00 $ 22,560.00 8 1 LS Traffic Control $ 10,000.00 $ 10,000.00 $ 4,000.00 $ 4,000.00 $ 15,000.00 $ 15,000.00 9 41100 SF Install new Sidewalk per G-7 $ 2.75 $ 113,025.00 $ 4.25 $ 174,675.00 $ 3.50 $ 143,850.00 10 70 TN Crushed Misc. Base $ 70.00 $ 4,900.00 $ 50.00 $ 3,500.00 $ 200.00 $ 14,000.00 11 30 CY Unclassified Excavation and Fill $ 50.00 $ 1,500.00 $ 50.00 $ 1,500.00 $ 200.00 $ 6,000.00 12 3757 SF Install new Conc. Driveway per G14 A/B $ 5.00 $ 18,785.00 $ 6.00 $ 22,542.00 $ 8.00 $ 30,056.00 13 492 LF Install New Curb & Gutter $ 16.00 $ 7,872.00 $ 22.00 $ 10,824.00 $ 28.00 $ 13,776.00 14 230 SF Retaining Wall $ 40.00 $ 9,200.00 $ 40.00 $ 9,200.00 $ 35.00 $ 8,050.00 Total $ 388,915.00 $ 399,366.00 $ 471,070.00 Prepared by: City of National City, California COUNCIL AGENDA STATEMENT ;EETING DATE September 3. 2002 16 AGENDA ITEM NO. ITEM TITLE Approval of Standard Format for Mills Act Contract PREPARED BY George H. Eiser, III DEPARTMENT City Attorney EXPLANATION Roger G. Post 0 Planning See attached memorandum Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve standard format for Mills Act Contracts BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below) Resolution No. Proposed format for Mills Act Contracts; Mills Act Contract Information Sheet & Application; Memorandum; and Resolution No. 2002-67 A-200 (9:99j City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 To: Mayor and City Council From: City Attorney Subject: hills Act Contract Date: August 28, 2002 On May 7, 2002, the City Council adopted Resolution No. 2002-67, copy attached, authorizing a Mills Act program for historic properties. Under the Mills Act (California Government Code Section 50280 et seq.) owners of properties listed in the "List of Identified Historic Sites in National City" may enter into a contract with the City which provides property tax reduction in exchange for the preservation and restoration of the historic property. The City Attorney's Office and planning Department have prepared a standard Mills Act Contract with input from members of the community who are advocating the Mills Act program. Following are the main features of the contract: • The Owner of the Historic Site must comply with the provisions of Resolution No. 2002-67. • To be eligible for the Contract, the Historic Site shall be listed and currently eligible for listing on the "List of identified Historic Sites in National City". • The owner shall restore and maintain the Historic Site in conformity with the standards of the State Department of Parks and Recreation, the United States Secretary of the Interior, and the State Historical Building Code. • The Owner shall maintain all buildings, structures, yards and improvements in a manner which does not detract form the appearance of the immediate neighborhood. • The Owner shall allow periodic inspection of the interior and exterior of the Historic Site to assure compliance with the Contract. • The City may cancel the Contract if it determined that it has been breached by the Owner. • The Contract shall be binding upon the Owner's successors and assigns. • The Owner shall pay a processing fee of $100 per $100,000 of assessed evaluation, not to exceed $500. ® Recycled Paper • The Contract is for a term of 10 years, and is automatically renewed each year for an additional one year, unless the Owner or the City sends a notice of non -renewal. A copy of the proposed standard Mills Act Contract is attached. Also enclosed is the Planning Department's Mills Act Contract Information Sheet and Application. GEORG H. EISER, III City Attorney Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s) Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at (Site Address) THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. and located at the street address , National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: l . Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 2002 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 2.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 2(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 2002 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. Effective Date and Term of Contract. This Contract shall be effective and commence on , 2002, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 9 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 4 Mills Act Contract 2002 To City: To Owner(s): City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. Gineral Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use of operations of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site. Owner hereby agrees to and shall defend City and its elected officials, officers, agents, employees and volunteers with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Contract regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. 5 Mills Act Contract 2002 f. This Contract shall be construed and governed in accordance with the laws of the State of California. g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY OWNER(S) OF RECORD Date: Date: By: By: George H. Waters, Mayor (Notarized Signature) Title: Date: Attest: By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 2002 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR MILLS ACT CONTRACT INFORMATION PROGRAM DESCRIPTION Mills Act contracts are a historic preservation tool that allow a property tax reduction for property owners who agree to preserve and/or restore their historic structures. The contracts are not limited to single-family dwellings —any type of structure may qualify. Any property that is on the "List of Identified Historic Sites in National City" is eligible for a Mills Act contract. Properties with Mills Act contracts are re-evaluated by the County Assessor based on the capitalization of income method. This method considers the income -producing (rental) potential of a property rather than its resale value, and generally results in a tax reduction of between 15% and 60% for properties assessed under Proposition 13. The State estimates that the average tax reduction is approximately 50%. CONTRACT TERMS Mills Act contracts have a term of 10 years. They are automatically extended for one year on the anniversary date so that the contract always has a 10-year length. Either the City or the property owner may opt not to renew the contract, which would cause it to expire after the 10-year term. The City may cancel the contract following a public hearing if the contract is breached or the property is allowed to deteriorate. If cancelled, the owner must pay a fee of 12'/z% of the property's value. State law requires the contracts to provide for the preservation of the property and for its restoration/rehabilitation where necessary, in compliance with the California Office of Historic Preservation regulations, the U.S. Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. Contracts provide for necessary inspections and are binding on future property owners. APPLICATIONS To following items are necessary to request a Mills Act contract: • A completed application • A general maintenance/restoration plan for the structure (prior restoration activities may be listed) • A description of the structure and its historic value • Photos of the structure • A legal description of the property • A copy of a deed verifying ownership ® Recycled Paper Property taxes in San Diego County cover the period from July 1 to June 30, and are based on the assessed value as of January 1. In order to allow time for processing, Mills Act contract applications must be submitted by August 31 to affect the upcoming tax cycle. PROCESSING Mills Act contract applications will be reviewed by the Planning Department and comments from the Community Development Commission staff and National City Historic Society will be obtained. Contracts will then be presented to the City Council for review and approval. Once the contract is in place, it will be forwarded to the County to alert them to re- evaluate the property for the upcoming tax cycle. The property owner is responsible for notifying the State of the Contract. Annual inspections will take place to verify that the property is being maintained/restored in compliance with the contract. `\\\\Q���U\l\UnnnunttlR t! c11� L Cyr• NATIONAL CITY, CALIFORNIA "rclT)!G\Te.D S MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: Assessors Parcel Number(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: Address: Phone: Property owner's signature: Date: RESOLUTION NO. 2002 — 67 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A MILLS ACT PROGRAM FOR HISTORIC PROPERTIES WHEREAS, the General Plan of the City of National City states that the City will encourage and assist efforts for the preservation, maintenance and restoration of historically significant buildings and sites; and WHEREAS, California Government Code Section 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. of the provide authority for the City to enter into a Mills Act contract with the property owner(s) of a "Qualified Historic Property" as defined by Government Code Section 50280.1 to provide a property tax reduction in exchange for the preservation and restoration of said Historic Property; and WHEREAS, the City maintains an adopted "List of Identified Historic Sites in National City" as approved by the City Council; and WHEREAS, National City is an important historic city within San Diego County and has valuable historic places that should be preserved, restored and maintained; and WHEREAS, Mills Act contracts would provide a monetary incentive to the owners of historically designated properties in the form of a property tax reduction for the preservation, restoration and maintenance of said historic structures through the use of an alternative method of determining the assessed value of the historic property; and WHEREAS, National City can use the Mills Act preservation tool to encourage current and future historic property owners to revitalize our City's vintage buildings and to invite and encourage investments, rehabilitation, and reuse of historic properties within our city borders; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, hereby authorizes the implementation of a Mills Act program pursuant to State law in accordance with the following: 1. Mills Act contracts shall be permitted only for sites on the "List of Identified Historic Sites in National City", and shall incorporate all the requirements for administration, cancellation, and renewal prescribed by California Government Code Sections 50280 et seq. and California Revenue and Taxation Code Section 439.2 et seq. 2. Applications for Mills Act contracts shall be made to the Planning Department on a form prescribed by the Planning Director, and shall include documentation that said building is on the City Council -approved "List of Identified Historic Sites in National City", photos of the structure, a description of the structure and its historic value, a general maintenance/restoration plan for proposed structure preservation, restoration, and maintenance, and any other information deemed necessary by the Planning Director. (If preservation and restoration have already occurred, applicant shall state what has already been done to preserve and restore said historic property). Resolution No. 2002 — 67 May 7, 2002 Page Two 3. Applications for Mills contracts must be submitted by August 31 to affect the next assessment period. 4. Applications shall be routed to the National City Historic Society and Community Development Commission staff for comment. 5. The City Council shall have approval authority for each contract. 6. Community Development Commission staff may conduct yearly inspections to verify properties are being maintained.and/or restored in compliance with the contract. 7. The applicant shall ply a graduated processing fee of $100 per $100,000 of assessed value of the historic property, not to exceed $500, prorated to actual assessed value. PASSED and ADOP j'ED this 7th day of May, 2002. ATTEST: ha 1 R. Dalla, tt Clerk y APPROVED AS TO FORM: George H. Eiser, III City Attorney George . Waters, Mayor CERTIFIED TO BEA TRUE AND CORR . COPY OF THE ORIGI A 1":�, Mom° MIctil el R. t}ala. Cit Clerk Cu} of National City City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 03, 2002 AGENDA ITEM NO. 17 ITEM TITLE WARRANT REGISTER #08 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #08 per Government Section Code 37208. i Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Direc,:r Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,196,907.05. BOARD / COMMISSION RECOMMENDATION cL�iG-r.� iUVrZa7Ef3oY -/7d2 , � -46P-?iiei"'t��,�i'�.P��i . t , 6r)i ez c..' ATTACHMENTS ( Listed Below ) 1. Warrant Register #08 2. Workers Comp Warrant Register dated 08/14/02 3. Payroll Warrant Register dated 08/14/02 Resolution No. A-200 19 99i City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE September 03, 2002 ITEM TITLE WARRANT REGISTER #09 PREPARED BY R. Palazo EXPLANATION DEPARTMENT 18 AGENDA ITEM NO. Finance Ratification of Warrant Register #09 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By:. Fina ce Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 242,361.40. BOARD / COMMISSIO RECO ENDATION .* ATTACHMENTS ( Listed Below ) 1. Warrant Register #09 2. Workers Comp Warrant Register dated 08/21/02 Resolution No. A-200 (9. 99 +EETING DATE Sep. 3, 2002 City of National City, California COUNCIL AGENDA STATEMENT 19 AGENDA ITEM NO. / ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JUNE 30, 2002 PREPARED BY T. Limfueco DEPARTMENT Finance EXPLANATION For the City Council's information and in compliance with the City's investment policy, the consolidated cash and investment report as of June 30, 2002 is hereby submitted. This report reflects the components of the investment portfolio as of June 30, 2002 and the results of the investment program for the period then ended. The investment portfolio provides for sufficient liquidity to meet the following month's estimated expenditures. Environmental Review N/A Financial Statement Not applicable. %TAFF RECOMMENDATION Approved By ance Director Account No. We recommend that the report be accepted and filed. BOARD / COMMISSI N RECOMMENDATION 1 15, ATTACHMENTS ( Listed Below ) 1. Cash Account Summary. 2. Portfolio Summary. 3. Portfolio Details - Investments. 4. Activity Report — Sorted by Brokers A-200 (9 997 Resolution No. 5. Consolidated Cash Report. 6. Monthly Statement of Receipts. 7. Monthly Statement of Disbursements. 8. Pooled Investment Transactions Report. CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 30-Jun-02 BALANCE REVOLVING CASH $ 3,592.44 RETURNED CHECKS 8,865.02 BANK OF AMERICA #80200 76,579.30 OUTSTANDING WARRANTS (279,790.79) PAYROLL OUTSTANDING WARRANTS (25,548.96) CASH HELD BY BROKERS 9,111.81 INVESTMENTS 13,903,846.45 LAIF 23,981,131.43 TOTAL INVESTMENT EARNINGS HISTORY: FISCAL YEAR 2001.02 2000-01 1999.00 1998-99 1997-98 1996-97 1995.96 1994.95 1993-94 1992-93 1991-92 1990-91 1989-90 1988-89 1987-88 1986-87 1985.86 $ 37,677,786.70 YEAR-TO-DATE TOTAL YEAR $ 1,500,216.86 $ 2,642,502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864, 052.63 1,303,878.52 1, 544, 993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 1,500,216.86 2, 642, 502.96 1,841,539.16 1,702,889.57 1,478,232.91 1,256,907.31 974,113.25 1,001,709.56 1,011,586.52 721,913.49 864,052.63 1,303,878.52 1,544,993.71 1,311,930.94 979,435.87 1,048,978.23 1,321,688.93 12 Jun_02 Combined Cash Reconciliation Worksheets SymPro Investments City of National City City of National City Portfolio Management Portfolio Summary June 30, 2002 Par Market Book % of Days to YTMIC YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 7,802,000.00 7,803,906.60 7,802,000.00 56.11 800 544 4.596 4.660 Certificates of Deposit - Maturity 95,000.00 95,000.00 95,000.00 0.68 1,827 689 6.000 6.083 Negotiable/Transferable CDs 2,838,000.00 2,870,470.62 2,573,004.79 18.51 1,885 841 8.165 8.278 Federal Agency Securities 3,405,000.00 3,419,017.59 3,406,185.67 24.50 1,294 1,204 4.476 4.538 Pass Through Securities 26,536.03 28,496.03 27,655.99 0.20 1,673 365 6.535 6.626 Investments 14,166,536.03 14,216,890.84 13,903,846.45 100.00% 1,131 761 5.240 5.313 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year Average Daily Balance Effective Rate of Return r' O J 72-ke� 51.1 Marylou Matienz , Director of Finance Run Date: 08/01 /2002 -15:38 55,812.59 905,220.73 905,220.73 13,514,101.20 5.02% Portfolio CNC CC PM (PRF_PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments June 30, 2002 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 10666 Acuity Bank . 02/22/2002 99,000.00 99,000.00 99,000.00 3.200 10563 Albemarle First Bank 06/01/2001 99,000.00 99,000.00 99,000.00 5.150 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 10719 Bank of Utica 05/22/2002 99,000.00 99,000.00 99,000.00 3.200 10630 Bank of Alamo 09/10/2001 99,000.00 99,000.00 99,000.00 4.500 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 10519 BNC National Bank - 05/10/2001 99,000.00 99,000.00 99,000.00 5.120 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 10573 Bitteroot Valley Bank 06/25/2001 99,000.00 99,000.00 99,000.00 5.040 10446 Capital One Bank 01/09/2001 100,000.00 100,000.00 100,000.00 6.640 10716 Colony Bank of Asburn 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 64 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 95,000.00 95,000.00 4.100 177707ACO 10702 City Bank 05/15/2002 95,000.00 93,855.25 95,000.00 4.900 O 10524 Community National Bank 05/22/2001 99,000.00 99,000.00 99,000.00 5.200 10447 Capital One FSB 01/09/2001 99,000.00 99,000.00 99,000.00 6.630 10659 Conseco Bank, Inc. 01/03/2002 99,000.00 99,000.00 99,000.00 3.310 10569 Community Shores Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.200 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 254676698 10720 Discover Bank 06/12/2002 95,000.00 94,742.55 95,000.00 3.650 10654 Direct Merchant's Credit Card 12/21/2001 100,000.00 100,000.00 100,000.00 3.540 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 10463 First Enterprise Bank, West Br 02/15/2001 99,000.00 99,000.00 99,000.00 5.900 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 99,000.00 99,000.00 5.150 10670 First National Bank of Barron 03/19/2002 99,000.00 99,000.00 99,000.00 3.350 10589 First Natl. Bk.of Damariscotta 05/30/2001 99,000.00 99,000.00 99,000.00 5.100 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 93,646.25 95,000.00 4.850 10517 FNB Of St. Mary's 05/03/2001 99,000.00 99,000.00 99,000.00 5.200 10663 First State Bank, Russelville 01/31/2002 99,000.00 99,000.00 99,000.00 3.250 Run Date: 08/01/2002 - 15:38 5.200 756 07/26/2004 3.200 236 02/22/2003 5.150 274 04/01/2003 4.100 864 04/25/2004 4.200 637 03/29/2004 3.200 325 05/22/2003 4.500 71 09/10/2002 5.350 722 06/22/2004 5.120 315 05/12/2003 5.170 750 07/20/2004 5.250 553 01/05/2004 4.150 662 04/23/2004 5.110 359 06/25/2003 6.640 8 07/09/2002 4.000 682 05/13/2004 4.050 669 04/30/2004 4.100 707 06/07/2004 4.900 1,779 05/15/2007 5.200 325 05/22/2003 6.630 8 07/09/2002 3.310 186 01/03/2003 5.200 347 06/13/2003 5.250 550 01/02/2004 3.650 714 06/14/2004 3.540 357 06/23/2003 5.171 546 12/29/2003 4.050 658 04/19/2004 5.900 228 02/14/2003 5.200 739 07/09/2004 5.150 1,548 09/26/2006 3.350 385 07/21/2003 5.171 333 05/30/2003 4.050 668 04/29/2004 4.850 1,779 05/15/2007 5.200 217 02/03/2003 3.250 214 01/31/2003 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Page 3 Portfolio Details - Investments June 30, 2002 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10513 First State Bank of Texas 04/20/2001 99,000.00 99,000.00 99,000.00 5.260 5.260 112 10/21/2002 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 743 07/13/2004 10669 Guaranty National Bank 03/11/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 253 03/11/2003 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 724 06/24/2004 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 546 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 753 07/23/2004 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 568 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 663 04/24/2004 10521 International Bank of Chicago 05/14/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 317 05/14/2003 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 508 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 742 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 529 12/12/2003 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 633 03/25/2004 10738 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 799 09/07/2004 10640 Mercedes National Bank 11/27/2001 99,000,00 99,000.00 99,000.00 3.100 3.100 149 11/27/2002 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 679 05/10/2004 10593 Mutual Bank 07/03/2001 99,000.00 99,000.00 99,000.00 5.050 5.050 367 07/03/2003 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 677 05/08/2004 654o62AMO 10564 Nicolet National Bank 06/01/2001 99,000.00 101,796.75 99,000.00 5.100 5.100 518 12/01/2003 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 742 07/12/2004 74407ML60 10598 Providian National Bank 07/11/2001 95,000.00 96,865.80 95,000.00 5.200 5.200 742 07/12/2004 10738 Premier Bank 06/24/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 358 06/24/2003 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 661 04/22/2004 743838SS4 10644 Provident Bank 12/19/2001 95,000.00 95,000.00 95,000.00 4.375 4.375 1,814 06/19/2007 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 739 07/09/2004 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 512 11/25/2003 10478 Republic National Bank 03/22/2001 99,000.00 99,000.00 99,000.00 5.450 5.450 264 03/22/2003 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 539 12/22/2003 10571 St. Joseph Capital Bank 06/21/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 175 12/23/2002 10718 Southern New Hampshire B&T Co. 05/08/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 311 05/08/2003 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 616 03/08/2004 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 573 01/25/2004 10590 First Financial Bank 05/30/2001 99,000.00 99,000.00 99,000.00 5.350 5.424 333 05/30/2003 10572 Treasury Bank - Effinity 06/22/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 176 12/24/2002 10665 Today's Bank 02/08/2002 99,000.00 99,000.00 99,000.00 3.200 3.200 222 02/08/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 746 07/16/2004 Run Date: 08/01/2002 - Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments June 30, 2002 Page 4 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10516 Union National Bank 05/02/2001 99,000.00 99,000.00 99,000,00 5.250 5.250 154 12/02/2002 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 746 07/16/2004 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 568 01/20/2004 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 729 06/29/2004 10681 West Pointe Bank 01/10/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 283 04/10/2003 10568 Williamstown Savings Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.120 5.120 347 06/13/2003 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 546 12/29/2003 Subtotal and Average 7,645,200.00 7,802,000.00 7,803,906.60 7,802,000.00 4.660 544 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust 05/20/1999 95,000.00 95,000.00 95,000.00 6.000 6.083 689 05/20/2004 Subtotal and Average 95,000.00 95,000.00 95,000.00 95,000.00 6.083 689 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 956 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 97,390.20 95,000.00 5.300 5.300 575 01/27/2004 0649999X5 10346 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 / 15.798 927 01/13/2005 VI 20348PAF0 10727 Community Bank of Boone 06/28/2002 97,000.00 96,807.75 97,153.07 3.600 3.600 711 06/11/2004 g 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 97,464.30895,000.00 5.350. 5.350 576 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 98,805.69 99,237.33 3.500 3.500 672 05/03/2004 T 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 101,499.75 98,384.22 5.350 5.493 527 12/10/2003 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 458 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 97,157.45 95,000.00 5.700 5.700 618 03/10/2004 356611 FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 101,170.03 97,000.00 5.600 5.800 646 04/07/2004 39739BS36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 104,176.00 100,000.00 5.600 /17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 8.550 15.600 625 03 5.190 758 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 101,004.16 97,000.00 5.500 5.500 646 04/07/2004 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 95,000.00 95,000.00 4.900 4.900 1,764 04/30/2007 51803KG35 10078 Lasalle Bank NA 01/25/1999 95,000.00 95,203.30 95,000.00 6.000 6.000 4,226 01l25/2014 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 97,058.65 95,000.00 5.550 5.550 634 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 97,058.65 95,000.00 5.550 5.550 634 03/26/2004 51803AVLO 10327 Lasalle National Bank 02/03/1999 100,000.00 100,000.00 49,892.25 8.210 24.665 3,221 04/26/2011 55262WWR3060 10151 MBNA America 03/03/1999 97,000.00 98,948.73 97,000.00 5.400 5.400 245 03/03/2003 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 6.550 15.910 1,171 09/14/2005 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 398 08/03/2003 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 95,019.21 99,000.00 5.750 5.750 491 11/04/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 97,348.40 97,886,10 6.250 5.500 485 10/29/2003 Run Date: 08/01 /2002 - 15:38 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments June 30, 2002 Purchase Date Par Value Market Value Page 5 Stated YTMXC Days to Maturity Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 798219A87060 856284GL2060 8649999X9 90331 V9X2 10148 10135 10347 10281 10353 10332 San Jose National Bank State Bank of India Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co Subtotal and Average 2,396,253.43 03/03/1999 02/12/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 97,000.00 97,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,653.99 99,704.36 100,000.00 100,000.00 100,000.00 100,000.00 97,000.00 5.400 98,658.70 5.850 79,937.85 6.270 78,963.99 6.570 74,008.71 7.020 76,570.64 6.150 2,838,000.00 2,870,470.62 2,573,004.79 5.400 611 03/03/2004 5.405 365 07/01/2003 14.114 579 01/31/2004 14.890 480 10/24/2003 16.505 948 02/03/2005 14.182 605 02/26/2004 8.278 841 Federal Agency Securities 31331LV39 10734 3133MHPDOC 10631 3133MHPL2C 10632 3133MJFR6 10639 3133MKRP4C 10656 3133MKX85C 10657 3133ML3X1C 10658 3133MKY35 10664 3133MHLHN8 10668 3133MMDQ3C 10674 3133MMDC4 ,. 10677 3133MMHV8 10678 3133MMP23C 10684 3133MMRR6C 10685 3133MMJ79 10686 3133MMMA8 10687 3133MMKV4 10689 3133MMN58 10690 3133MMWRO 10691 3133MNP54C 10704 3133MNSL6C 10705 3133MNQBOC 10706 3133MNFH9C 10711 3133MNNG2 10712 3133MNLC3 10713 3133MP3R5 10723 3133MP2L9C 10728 Run Date: 08/01/2002 - 15:3P Federal Farm Credit Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal -Home Loan Bank Federal Home Loan Bank 06/13/2002 10/10/2001 10/11/2001 11/07/2001 01/08/2002 01/24/2002 01/29/2002 01/24/2002 02/15/2002 03/27/2002 03/28/2002 03/28/2002 04/12/2002 04/17/2002 04/04/2002 04/11/2002 04/05/2002 04/11/2002 04/19/2002 05/28/2002 05/28/2002 05/28/2002 05/08/2002 05/28/2002 05/23/2002 06/27/2002 06/20/2002 100,000.00 100,173.55 100,000.00 4.600 4.600 1,351 03/13/2006 100,000.00 100,063.00 100,000.00 4.550 4.550 1,015 04/11/2005 100,000.00 100,063.00 100,000.00 4.520 4.520 1,015 04/11/2005 100,000.00 100,322.98 100,000.00 3.500 3.500 1,225 11/07/2005 100,000.00 100,031.00 100,000.00 4.820 4.820 1,103 07/08/2005 100,000.00 100,156.00 100,000.00 5.000 5.002 1,211 10/24/2005 100,000.00 100,156.00 100,000.00 4.720 4.720 1,124 07/29/2005 100,000.00 100,726.00 100,000.00 4.500 4.500 1,668 01/24/2007 100,000.00 100,000.00 100,000.00 3.250 3.250 960 02/15/2005 100,000.00 100,563.00 100,000.00 4.625 4.627 1,275 12/27/2005 100,000.00 101,125.00 100,000.00 4.102 4.104 911 12/28/2004 100,000.00 101,438.00 100,000.00 4.200 4.200 820 09/28/2004 100,000.00 100,094.00 100,000.00 5.080 5.082 1,291 01/12/2006 100,000.00 100,125.00 100,000.00 5.100 5.100 1,204 10/17/2005 100,000.00 101,688.00 100,000.00 4.500 4.500 1,008 04/04/2005 100,000.00 100,063.00 100,000.00 5.000 5.000 1,198 10/11/2005 100,000.00 100,083.22 100,000.00 5.000 5.000 1,192 10/05/2005 100,000.00 100,130.06 100,000.00 5.030 5.030 1,198 10/11/2005 100,000.00 100,203.08 100,000.00 5.200 5.200 1,206 10/19/2005 100,000.00 100,375.00 - 100,000.00 4.625 4.625 1,246 11/28/2005 100,000.00 100,375.00 100,000.00 4.700 4.700 1,246 11/28/2005 100,000.00 100,375.00 100,000.00 4.650 4.650 1,246 11/28/2005 100,000.00 100,743.00 100,000.00 4.000 4.000 1,226 11/08/2005 100,000.00 100,421.86 100,000.00 4.640 4.641 1,338 02/28/2006 100,000.00 100,281.00 100,000.00 4.500 4.502 1,149 08/23/2005 100,000.00 100,531.00 100,000.00 4.625 4.625 1,275 12/27/2005 100,000.00 100,500.00 100,000.00 4.650 4.650 '1,268 12/20/2005 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02r CUSIP Investment # Issuer Average Balance City of National City Portfolio Management Portfolio Details - Investments June 30, 2002 Purchase Date Par Value Market Value Page 6 Stated YTM/C Days to Maturity Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133MPLN4C 3133MKZ598 3133MPKR6 3133MPN36 3133MP3R5 3136FOSTOC 3136F1 W71 10729 Federal Home Loan Bank 10730 Federal Home Loan Bank 10732 Federal Home Loan Bank 10733 Federal Home Loan Bank 10735 Federal Home Loan Bank 10612 Federal Natl. Mortgage Assoc. 10722 Federal Natl. Mortgage Assoc, Subtotal and Average 3,349,400.44 Pass Through Securities 3133TGSG5 10637 31364TKP5060 10103 31376PGY5 10126 36218VD59020 10087 36202A5C7020 10091 36218NZQ7020 10110 Run Date: 08/01/2002 . 15:38 Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Subtotal and Average 28,247.33 Total Investments and Average 13,514,101.20 06/27/2002 06/04/2002 06/27/2002 06/28/2002 06/27/2002 07/18/2001 06/20/2002 11/30/1998 02/18/1998 12/01/1998 11/12/1997 11/25/1997 04/16/1998 100,000.00 100,000.00 105,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,250.00 101,191.67 105,000.00 100,000.00 100,484.17 100,156.00 101,130.00 100,000.00 4.170 101,185.67 3.300 105,000.00 4.250 100,000.00 4.270 100,000.00 4.625 100,000.00 5.500 100,000.00 4.510 3,405,000.00 3,419,017.59 0.00 0.00 26,533.09 0.00 0.00 2.94 0.00 0.00 28,493.09 0.00 0.00 2.94 3,406,185.67 0.00 6.000 0.00 8.250 27,652.95 8.500 0.00 8.500 0.00 8.500 3.04 8.000 26,536.03 28,496.03 14,168, 536.03 14,216,890.84 27,655.99 13,903,846.45 4.170 1,275 12/27/2005 3.301 1,668 01/24/2007 4.250 1,275 12/27/2005 4.270 1,278 12/30/2005 4.625 1,275 12/27/2005 5.500 932 01/18/2005 4.510 1,288 12/20/2005 4.538 1,204 6.000 0 01/15/2013 7.307 0 11/01/2004 6.626 365 07/01/2003 6.685 0 09/15/2002 7.000 0 09/20/2002 6.344 14 07/15/2002 6.626 365 5.313 761 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f -411 Olt SymPro 151 City of National City Activity Report Sorted By Brokers June 1, 2002 - June 30, 2002 City of National City Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly 25467BB98 10720 Discover Bank Subtotal and Balance 3.650 06/12/2002 95,000.00 0.00 574,000.00 95,000.00 0.00 669,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 206073AKA 20348PAF0 10726 Concord Bank 10727 Community Bank of Boone Subtotal and Balance 3.500 06/28/2002 3.600 06/28/2002 99,000.00 0.00 97,000.00 0.00 1,958,000.00 196,000.00 0.00 2,154,000.00 Federal Agency Securities 3133MKQY6 10645 Federal Home Loan Bank 4.050 06/27/2002 0.00 105,000.00 3136F1W71 10722 Federal Natl. Mortgage Assoc. 4.510 06/20/2002 100,000.00 0.00 3133MP3R5 10723 Federal Home Loan Bank 4.625 06/27/2002 100,000.00 0.00 Subtotal and Balance 205,000.00 200,000.00 105,000.00 300,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 22.903% 27,528.78 2,859,528.78 8.500 06/15/2002 0.00 995.69 0.00 491,000.00 995.89 26,533.09 105,995.69 3,244,533.09 Brokers: Gilford Securities Inc Federal Agency Securities 3133MKQG5C 10648 Federal Home Loan Bank 4.600 06/28/2002 3133MM4T7C 10673 Federal Home Loan Bank 4.705 06/21/2002 3133MMHD8C 10675 Federal Home Loan Bank 4.830 06/28/2002 3133MMGZOC 10676 Federal Home Loan Bank 4.780 06/28/2002 3133MP2L9C 10728 Federal Home Loan Bank 4.650 06/20/2002 0.00 0.00 0.00 0.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 0.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Run Date: 08/01/2002 . 15:41 31 Brokers: Mischler Financial Group Inc CUSIP Investment # Percent Issuer of Portfolio Brokers: Gilford Securities Inc City of National City Activity Report June 1, 2002 - June 30, 2002 Par Value Beginning Current Transaction Balance Rate Date Par Value Purchases Sales/Calls/Maturities or Deposits or Withdrawals Ending Balance Page 2 Federal Agency Securities 3133MPLN4C 10729 Federal Home Loan Bank Subtotal and Balance Brokers Subtotal 10.588% 1,700,000.00 1,700,000.00 Brokers: Multi -Bank Securities Inc 4.170 06/27/2002 100,000.00 200,000.00 200,000.00 0.00 400,000.00 400,000.00 1,500,000.00 1,500,000.00 Certificates of Deposit - Monthly 10738 Premier Bank Subtotal and Balance Negotiable/Transferable CDs Pass Through Securities 36202A5C7020 10091 36218NZQ7020 10110 Subtotal and Balance 3.200 06/24/2002 1,586,000.00 99,000.00 99,000.00 0.00 0.00 1,685,000.00 684,000.00 684,000.00 Govt. National Mortgage Assoc. Govt. National Mortgage Assoc. Subtotal and Balance Brokers Subtotal 16.723% 179.67 2,270,179.67 8.500 06/20/2002 8.000 06/15/2002 0.00 0.00 0.00 99,000.00 124.73 52.00 176.73 176.73 2.94 2,369,002.94 Federal Agency Securities 3133MKZ598 3133MPKR6 3133MPN36 10730 10732 10733 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Subtotal and Balance Brokers: PaineWebber Inc Brokers Subtotal 4.271% 3.300 4.250 4.270 300,000.00 300,000.00 06/04/2002 06/27/2002 06/28/2002 100,000.00 105,000.00 100,000.00 305,000.00 305,000.00 0.00 0.00 0.00 0.00 0.00 605,000.00 605,000.00 Federal Agency Securities Subtotal and Balance 300,000.00 300,000.00 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f Run Date: 08/01/2002 - 15:41 City of National City Activity Report June 1, 2002 -June 30, 2002 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending CUSIP Investment# Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers Subtotal 2.118% 300,000.00 0.00 0.00 300,000.00 Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10505 Capitol Federal Savings Bank 10736 Mercantile T&SB 10737 Heritage Bank of Ashland Subtotal and Balance 5,349,000.00 Brokers Subtotal 38.457% 5,349,000.00 5.310 06/17/2002 4.250 06/04/2002 4.000 06/24/2002 0.00 99,000.00 99,000.00 198,000.00 198,000.00 99,000.00 0.00 0.00 99,000.00 5,448,000.00 99,000.00 5,448,000.00 Brokers: Vining -Sparks IBG Federal Agency Securities 3133MKGG6 10652 Federal Home Loan Bank 3133MKEK9 10653 Federal Home Loan Bank 31331LV39 10734 Federal Farm Credit Bank 3133MP3R5 10735 Federal Home Loan Bank Subtotal and Balance 700,000.00 Brokers Subtotal 4.941% 700,000.00 3.250 06/21/2002 4.000 06/21/2002 4.600 06/13/2002 4.625 06/27/2002 0.00 0.00 100,000.00 100,000.00 200,000.00 200,000.00 100,000.00 100,000.00 0.00 0.00 200,000.00 700,000.00 200,000.00 700,000.00 Total 100.000% 13,478,708,45 Run Date: 08/0 V2002 -15' 1,493,000.00 805,172.42 14,166,538.03 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT JUNE 2001 FUND NUMBER FUND TITLE 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY FUND 106 GRANT -CA LITERACY CAMPAIGN 107 RETIREMENT FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 113 CULTURAL ARTS FUND 115 PARK & REC CAPITAL OUTLAY FUND 120 PLAN CHECKING REVOLVING FUND 123 GRANT -FAMILIES FOR LITERACY 125 SEWER SERVICE FUND 126 FIRE DEPT ACTIVITIES FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 145 JUVENILE EDUCATION FUND 154 STATE PUBLIC LIBRARY FUND 157 GRANT-SUPPL. LAW ENT. (SLESF) 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 176 POLICE REIMBURSED OVERTIME 177 RESTITUITION REIMBURSEMENTS 178 POLICE HAT BADGES 179 NPT BUS DONATIONS FUND 183 LITERACY INITIATIVES VI 189 CIVIC CENTER REFURBISHING 190 30TH STREET CLEANUP FUND - 1303 191 GRANT- STOP PROJECT 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 197 PRODUCTIVITY IMPROVEMENT RESER 198 PROPERTY EVIDENCE SEIZURE 200 30TH STREET CLEANUP FUND - 1304 203 PARK SECURITY/GTE LEASE 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 209 FY99-00 LITERACY INITIATIVES VIII 210 FY99-00 F.U.L.F.I.L.L. 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 214 EVERY 15 MINUTES GRANT FYI 999-2000 216 FULFILL GRANT FY 2001-2002 219 FY00-OI LITERACY INITIATIVE IX 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 222 WOW MOBILE GRANT FY 2000-2001 223 FACE TO FACE INFORMATION GRANT FY 00-01 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 227 CLLS MATCHING FUNDS FY 2000-2001 228 GROWING WITH MOTHER GOOSE GRANT 229 CLEEP GRANT 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 234 EMPLOYEE COMPUTER PURCHASE FUND 270 NUISANCE ABATEMENT FUND 272 LITERACY INITIATIVES X 303 CAPITAL FACILITIES FUND 304 PARK DEVELOPMENT FUND 307 PROPOSITION A" FUND 308 GRANT -HIGHWAY BRIDGE REHAB 312 STP LOCALPTRANSNET HIGHWAY 343 STATE -LOCAL PARTNERSHIP 345 TRAFFIC CONGESTION RELIEF 347 PUBLIC RESOURCES ACCOUNT ' 363 SECURITY & FIRE ALARM REGULATION FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 719 1911 ACT IMPROVEMENT BONDS 721 LIBRARY TRUST FUND 726- PLANNING 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS TOTAL ENDING BALANCE 6,922,200.72 501,511.68 876.09 489.16 164,309.83 1,193,450.30 49,625.00 95,000.00 37,912.95 65,401.86 5,632.14 8,689,880.36 248.11 216,321.06 358,935.11 11,431.17 2,217.93 119,724.26 29,250.81 12,568.56 206,207.58 20,873.84 467,295.32 29,327.17 113,847.62 150,996.19 500.00 72.56 614.65 1,991.68 1,557,779.77 248,883.27 42,347.61 783,959.34 592,915.75 50,000.00 11,392.91 630,405.92 28,000.00 154,555.50 8.60 196.62 98,096.62 598,456.00 2,833.95 8,522.00 4,278.94 17,052.63 28,500.75 2,592.09 356,351.20 1,097.41 672.96 68,344.98 59,380.15 49,181.76 2,633.38 103,020.30 326,243.40 135,329.21 1,455,378.94 863,864.91 486,390.17 101,668.77 444,492.84 8,686.45 35,972.50 725,212.78 4,595,375.46 401,565.92 1,818,599.89 514,269.39 90,736.50 611,570.74 1,424.52 44,997.87 450.00 42,882.32 2,500.00 37,677,786.70 MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING JUNE JUN FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 713,849.10 23,037,826.62 104 LIBRARY FUND 312.01 235,962.19 105 PARKS MAINTENANCE FUND 250.00 279,342.40 108 LIBRARY CAPITAL OUTLAY 715.01 55,566.42 109 GAS TAXES FUND 0.00 711,495.23 111 P.O.S.T. FUND 6,540.08 103,878.72 115 PARK & REC CAPITAL OUTLAY FUND 3,200.00 6,451.80 120 PLAN CHECKING REVOLVING FUND 6,441.93 74,547.22 123 GRANT -FAMILIES FOR LITERACY 0.00 33,883.75 125 SEWER SERVICE FUND 417,602.60 4,119,550.48 130 EMT-D REVOLVING FUND 0.00 34,475.00 131 ASSET FORFEITURE FUND 1,262.67 165,131.79 135 SD COUNTY REG AUTO THEFT TASK 0.00 62,080.54 136 TINY TOT CLASSES FUND 0.00 4,840.00 145 JUVENILE EDUCATION FUND 0.00-23,542.00 147 GRANT -JUDGE PROGRAM 53,691.00 -9,681.11 154 STATE PUBLIC LIBRARY FUND 0.00 200,235.11 158 SWIMMING POOL REVOLVING FUND 1,156.00 25,829.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 322.86 62,736.48 172 TRASH RATE STABILIZATION FUND 0.00 154,147.84 173 NATIONAL SCHOOL DIST CONTRACT 0.00 25,459.00 174 SWEETWATER SCHOOL DIST CONTRAC 0.00 127,594.21 176 POLICE REIMBURSED OVERTIME 210.00 53,758.87 177 RESTITUITION REIMBURSEMENTS 500.00 500.00 178 POLICE HAT BADGES 0.00 36.28 188 GRANT - HIDTA 0.00 36,400.04 190 30TH STREET CLEANUP FUND - 1303 0.00 8,181.49 191 GRANT - STOP PROJECT 7,346.00 116,644.00 192 LEASE ESCROW FUND 354.04 121,506.92 198 PROPERTY EVIDENCE SEIZURE 0.00 51.16 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 0.00 19,766.81 201 NCJPFA DEBT SERVICE FUND 0.00 488,027.49 204 GALE GRANT 0.00 -9,784.94 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 412.51 113,811.51 210 FY99-00 F.U.L.F.I.L.L. 0.00 18,118.16 211 SECURITY AND ALARM REGULATION FUND 3,923.88 52,530.21 212 PERSONNEL COMPENSATION FUND 20,769.00 249,228.00 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 0.00 124,389.36 216 FULFILL GRANT FY 2001-2002 0.00 69,300.00 218 HIHG INTENSITY PREVENTION ZONE 53,928.88 133,696.03 219 FY00-01 LITERACY INITIATIVE IX 0.00 262,175.35 220 LOCAL LAW ENF. BLOCK GRANT FY2000-20 0.00 83,919.46 222 WOW MOBILE GRANT FY 2000-2001 0.00 116,369.26 223 FACE TO FACE INFORMATION GRANT FY 00 0.00 19,432.14 225 ENGLISH LANGUAGE LITERACY INCENTIVE 0.00 677,263.02 227 CLLS MATCHING FUNDS FY 2000-2001 0.00 18,469.00 228 GROWING WITH MOTHER GOOSE GRANT 0.00 19,781.33 229 CLEEP GRANT 0.00 47,474.00 231 HOUSING PILOT PROGRAM 0.00 47,324.00 232 TRAN DEBT SERVICE FUND 0.00 10,019.12 233 LOCAL LAW ENF. BLOCK GRANT FY2001-20 0.00 147,125.00 234 EMPLOYEE COMPUTER PURCHASE FUND 337.92 50,337.92 272 LITERACY INITIATIVES X 17,600.00 281,930.00 301 GRANT-C.D.B.G. 357,549.62 762,706.49 302 CDC PAYMENTS 90,536.79 266,414.33 307 PROPOSITION A" FUND 0.00 21,206.48 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 755,918.77 312 STP LOCAL/TRANSNET HIGHWAY 0.00 7,024.64 313 GRANT-CMAQ 0.00-359,925.59 316 CALIFORNIA ENERGY COMM GRANT 36,615.00 36,615.00 JUN FUND # FUND TITLE REVENUE YTD REVENUE 343 STATE -LOCAL PARTNERSHIP 0.00 2,553.27 345 TRAFFIC CONGESTION RELIEF 0.00 128,916.98 347 PUBLIC RESOURCES ACCOUNT 0.00 -49,140.00 348 STATE GRANT 0.00 263,412.00 552 TDA 0.00 1,384,787.85 626 FACILITIES MAINT FUND 177,594.00 2,131,331.18 627 LIABILITY INS. FUND 206,895.67 1,866,515.12 628 GENERAL SERVICES FUND 18,241.00 218,892.00 629 INFORMATION SYSTEMS MAINTENANC 39,600.00 530,826.00 630 OFFICE EQUIPMENT DEPRECIATION 25,443.00 299,541.70 631 TELECOMMUNICATIONS REVOLVING 21,361.00 258,332.00 632 GENERAL ACCOUNTING SERVICES 42,492.00 512,014.00 633 UNEMPLOYMENT INSURANCE RESERVE 3,193.00 38,316.00 643 MOTOR VEHICLE SVC FUND 104,637.00 1,256,153.72 721 LIBRARY TRUST FUND 0.00 639.33 TOTALS 2,434,883.57 43,235,084.20 /3ejeU ( MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING JUNE - FUND NO. FUND TITLE JUNE YTD.JUNE 001 GENERAL FUND 2,866,787.16 22,479,352.77 104 LIBRARY FUND 149,943.32 1,155,043.37 105 PARKS MAINTENANCE FUND 138,969.24 1,262,152.18 108 LIBRARY CAPITAL OUTLAY 1,615.14 21,030.31 109 GAS TAXES FUND 295,377.63 1,230,601.65 110 EMERGENCY PREPAREDNESS FUND 750.00 750.00 111 P.O.S.T. FUND 502.95 106,497.28 112 LOWER SWEETWATER FUND 0.00 4,254.28 113 CULTURAL ARTS FUND 0.00 5,000.00 115 PARK & REC CAPITAL OUTLAY FUND 131.00 1,572.00 120 PLAN CHECKING REVOLVING FUND 0.00 31,796.60 123 GRANT -FAMILIES FOR LITERACY 4,597.32 29,786.57 125 SEWER SERVICE FUND 117,851.13 7,359,244.05 130 EMT-D REVOLVING FUND 10,030.88 14,231.46 131 ASSET FORFEITURE FUND 0.00 43,384.46 135 SD COUNTY REG AUTO THEFT TASK 11,432.17 88,209.70 136 TINY TOT CLASSES FUND 2,775.72 6,665.33 145 JUVENILE EDUCATION FUND 0.00 5,567.22 147 GRANT -JUDGE PROGRAM 10,301.81 75,348.35 154 STATE PUBLIC LIBRARY FUND 15,046.69 82,362.97 158 SWIMMING POOL REVOLVING FUND 0.00 20,204.25 171 LIBRARY SCHOOL DISTRICT CNTRCT 6,149.45 43,108.04 172 TRASH RATE STABILIZATION FUND 9,571.76 47,351.65 173 NATIONAL SCHOOL DIST CONTRACT 0.00 7,567.00 174 SWEETWATER SCHOOL DIST CONTRAC 10,017.32 76,024.21 182 COPS GRANT PART II 0.00 0.00 188 GRANT - HIDTA 14,782.03 80,376.49 189 CIVIC CENTER REFURBISHING 3,255.20 124,555.38 190 30TH STREET CLEANUP FUND - 1303 0.00 32,969.69 191 GRANT - STOP PROJECT 20,973.89 157,619.88 192 LEASE ESCROW FUND 0.00 85,696.78 193 COPS GRANT PART III 3,514.16 26,332.27 195 LANDSCAPE RESERVE 4,001.13 85,530.00 196 CAPITAL PROJECT RESERVE 56,996.17 192,170.27 198 PROPERTY EVIDENCE SEIZURE 0.00 389.04 199 SOUTH BAY COMMUNITY SVCS GRANT 0.00 36,441.00 200 30TH STREET CLEANUP FUND - 1304 6,400.14 14,517.44 201 NCJPFA DEBT SERVICE FUND 0.00 488,276.12 208 FY99-00 SUPP. LAW ENFORCEMENT (SLESF) 38,852.50 82,561.12 210 FY99-00 F.U.L.F.I.L.L. 0.00 17,921.54 211 SECURITY AND ALARM REGULATION FUND 5,152.96 36,328.56 213 LOCAL LAW ENFORCEMENT BLOCK GRANT 99-0 0.00 124,389.36 216 FULFILL GRANT FY 2001-2002 25,000.00 50,000.00 218 HIHG INTENSITY PREVENTION ZONE 26,586.89 173,664.15 219 FY00-01 LITERACY INITIATIVE IX 0.00 257,896.41 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 0.00 66,866.83 222 WOW MOBILE GRANT FY 2000-2001 12,075.87 88,887.16 223 FACE TO FACE INFORMATION GRANT FY 00-01 0.00 16,840.05 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 56,962.79 333,476.07 227 CLLS MATCHING FUNDS FY 2000-2001 7,713.79 17,371.59 228 GROWING WITH MOTHER GOOSE GRANT 0.00 19,108.37 229 CLEEP GRANT 927.00 98,280.02 230 ABANDONED VEHICLE ABATEMENT GRANT 17,012.05 98,624.07 231 HOUSING PILOT PROGRAM 11,100.24 72,086.31 232 TRAN DEBT SERVICE FUND 0.00 39,701.84 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 30,317.14 117,275.21- . 234 EMPLOYEE COMPUTER PURCHASE FUND 3,377.97 3,377.9 272 LITERACY INITIATIVES X 67,879.47 178,909.70 301 GRANT-C.D.B.G. 199,180.99 770,717.22 302 CDC PAYMENTS 54,963.25 401,742.74 303 CAPITAL FACILITIES FUND 0.00 73,327.60 11/ FUND NO. FUND TITLE JUNE YTD.JUNE 304 PARK DEVELOPMENT FUND 1,787.79 3,810.04 307 PROPOSITION A" FUND 19,631.98 943,106.92 308 GRANT -HIGHWAY BRIDGE REHAB 0.00 450.00 312 STP LOCAUTRANSNET HIGHWAY 47,819.04 47,819.04 313 GRANT-CMAQ 3,906.97 70,774.65 315 FY98 LOCAL LAW ENF BLOCK GRANT (LLEBG) 0.00 33,189.00 316 CALIFORNIA ENERGY COMM GRANT 23,781.80 49,930.60 343 STATE -LOCAL PARTNERSHIP 0.00 9,086.53 345 TRAFFIC CONGESTION RELIEF 60,535.67 79,639.37 348 STATE GRANT 13,026.17 64,471.87 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRN 1,053.65 3,854.52 552 TDA 100,049.23 1,656,923.08 626 FACILITIES MAINT FUND 197,362.53 1,523,819.42 627 LIABILITY INS. FUND 279,361.94 1,399,165.91 628 GENERAL SERVICES FUND 56,212.62 293,462.04 629 INFORMATION SYSTEMS MAINTENANC 14,542.69 305,832.27 630 tFFICE EQUIPMENT DEPRECIATION 21,486.29 489,671.92 631 TELECOMMUNICATIONS REVOLVING 28,336.48 191,793.45 632 GENERAL ACCOUNTING SERVICES 62,267.85 568,251.81 633 UNEMPLOYMENT INSURANCE RESERVE 0.00 6,000.00 643 MOTOR VEHICLE SVC FUND 246,366.61 1,397,521.41 721 LIBRARY TRUST FUND 0.00 35.11 TOTAL ALL FUNDS 5,496,405.63 47,799,942.91 i.s-i A>; City of National City Pooled Investment Transactions Report For the Month of June 2002 Date Description Institution Ref. No. Amount Beginning Balance 24,407,131.43 6/5 Withdrawal LAIF 61006 (700,000.00) 6/11 Deposit LAIF 693073 300,000.00 6/12 Deposit LAIF 383931 330,000.00 6/14 Withdrawal LAIF 754181 (500,000.00) 6/17 Deposit LAIF 766765 280,000.00 6/18 Withdrawal LAIF 228093 (450,000.00) 6/19 Withdrawal LAIF 496507 (286,000.00) 6/20 Withdrawal LAIF 850221 (200,000.00) 6/27 Deposit LAIF 706027 800,000.00 Ending Balance 23,981,131.43 12 Jun_02 Combined Cash Reconciliation Worksheets 8/22/02 !le City of National City, California COUNCIL AGENDA STATEMENT cETING DATE September 3, 2002 AGENDA ITEM NO. 20 ITEM TITLE CLAIM FOR DAMAGES: Catalino H. Moreno PREPARED BY Michael R. Dalla, C EPARTMENT TCity Clerk A EXPLANATION The claim of Catalino H. Moreno arises from an occurrence on July 1, 2002 and was filed with the City Clerk's Office on August 12, 2002 ( Environmental ReviewXX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No..' A-200 (9 99 ( City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE September 3, 2002 AGENDA ITEM NO. 21 ITEM TITLE CLAIM FOR DAMAGES: James A. Kitchen PREPARED BY Michael R. Dalla, C_lJKbEPARTMENT City Clerk EXPLANATION �Wi► The claim of James A. Kitchen arises from an occurrence on March 7, 2002 and was filed with the City Clerk's Office on August 8, 2002 I - Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) L__1\_1/A Resolution No. A-200 (9 991 City of National City, California COUNCIL AGENDA STATEMENT ,ETING DATE September 3, 2002 AGENDA ITEM NO, 22 ITEM TITLE CLAIM FOR DAMAGES: Yolanda Vargas 4 PREPARED BY Michael R. Dalla, C (bEPARTMENT City Clerk EXPLANATION The claim of4Yolanda Vargas arises from an occurrence on July 7, 2002 and was filed with the City Clerk's Office on August 7, 2002 Environmental Review XX N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 i999] *Refer to Item #3 MEETING DATE ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT September 3, 2002 23 AGENDA ITEM NO. PREPARED BY EXPLANATION RESOLUTION AUTHORIZING APPROPRIATION OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. Lt. Keith Fifield DEPARTMENT Police af3-i / Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the COPS program, the City of National City received $113,399 as its share for fiscal year 2001/2002. These funds must be expended or encumbered by June 30, 2003, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed ( allocations from the City General Fund. (Continued on page 2) Environ ental Review XX N/A Financial Statement There is no local match required for these funds. There will be no impact to the General Fund. f) 77)w STAFF RECOMMENDATION 208-411-102-230-0000 Approve the Resolution 208-411-102-306-0000 208-411-102-316-0000 208-411-102-318-0000 208-411-102-342-0000 BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS 1 Listed Below ) L,..... A: Itemized Budget By Account Numbers A-200 (MO)-.......-.._ .....,...._,_ ....._�d.._....._._.._. Account No.. 208-411-102-399-0000 208-411-102-502-0000 208-411-102-503-0000 208-411-102-508-0000 208-411-102-518-0000 208-411-102-515-0000 208-411-102-599-0000 2002-140 Resolution No. COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. PAGE 2 Proposal The National City Police Department and Chief DiCerchio are therefore submitting a request that the City Council appropriate FY 2001/2002 Supplemental Law Enforcement Services Fund monies. The proposed resolution would authorize appropriation of $113,999 in FY 2001/2002 SLESF funds for the below requested technology and equipment purchases for the Police Department. All items include budget for installation, accessories and miscellaneous parts where applicable. (1) Serial Number Restoration Equipment $2,500 Equipment would include a serial restoration master kit, various tools, test kits and chemicals. (200) Neighborhood Watch Signs 18" x 24" Large Aluminum Signs customized with National City name and phone numbers. (1) Hostage/Rescue Negotiator Phone A throw phone kit that allows a police negotiator to communicate with hostage takers or barricaded suspects. (6) Police Bicycles "Raleigh" police special bicycles, accessories, helmets gloves and one-year maintenance. (1) Krimesite Scope Direct View Kit Includes Digital Package to locate and record latent fingerprints. (1) Cassette Duplicator One button automatic duplication, expandable up to 3 copies at a time. For Property and Evidence to produce copies for court. (10) M26L Airtaser New M26L airtasers for patrol personnel to have access to less -lethal force options. (10) Pepperball Launchers and Updated Parts New Pepperball SA200 systems, 36 soft cases, 61 updated PA-SCON on/off slides. $4,100 $6,500 $6,500 $21,000 $1,400 $4,500 $8,500 COUNCIL AGENDA STATEMENT RESOLUTION AUTHORIZING APPROPRIATION OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. PAGE 3 (15) SWAT Nomex Flight Suits 15 Nomex flight suits custom made by Flight Suits Limited, El Cajon. Provide fire protection for SWAT Officers. (1) SWAT Sniper Rifle (1) Remington 700.308 Rifle with scope, base mounts, case, and other accessories. (2)Explosive Containers/Boxes (1) Container 11"x16"x6 1/2" (1) Container 21"x17"x14" Boxes needed to safely store and transport SWAT breaching explosives. (5000) Child I.D. Kits (3000 Spanish, 2000 English) additional Child I.D. Kits to supplement the current program. Technology Equipment Servers, Software, Licenses Power Point Projector w/ laptop and Software, Modem Cards, Antennas, Mobil Docking Stations w/ accessories for patrol cars and Paron Hall workstation for records division. See attachment for more details. Investigations Audio -Visual Systems Upgrade and replace investigations audio-visual Equipment. Locate vendor who can provide and install state of the art interrogation audio-visual recording system. Contingency Funds The Police Department would like to hold the surplus amount for contingency funds for cost variances and future projects. $5,000 $2,300 $700.00 $2,600 $34,869 $6,000 $6,930 Total = $113,999 RESOLUTION NO. 2002- 140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING APPROPRIATION OF 2001/2002 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, under the COPS program, the City of National City received $113,399 as its share for fiscal year 2001/2002, which must be spent by June 30, 2003, or be remitted to the State Controller for deposit into the General Fund; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS monies exclusively to find front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the City Council pursuant to the recommendation of the Chief of Police has determined that the purchase of the following technology and equipment purchases will be an appropriate expenditure of said grant funds: Quantity Equipment Estimated Cost 1 Serial Number Restoration Equipment $2,500 200 Neighborhood Watch Signs $4,100 1 Hostage/Reserve Negotiator Phone $6,500 6 Police Bicycles $6,500 1 Krimesite Scope Direct View Kit $21,000 1 Cassette Duplicator $1,400 10 M26L Airtester $4,500 10 Pepperball Launchers and Updated Parts $8,500 15 SWAT Nomex Flight Suits $5,000 1 SWAT Sniper Rifle $2,300 2 Explosive Containers/Boxes $700 5000 Child I.D. Kits $2,600 Technology Equipment $34,869 Investigations Audio -Visual Systems $6,000 Contingency Funds $6,930 September 3, 2002 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the FY 2001/2002 Supplemental Law Enforcement Services Funds for various police equipment purchases. PASSED and ADOPTED this 3rd day of September, 2002. AT 1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor 2001/2002 S. _SF FUNDS 08/13/ ITEM PO#NE N DOR AMOUNT STATUS 208-411-102-230-0000 NEIGHBORHOOD WATCH $4,100.00 SIGNS TOTAL 208-411-102-306-0000 $4,100.00 NORTON PC ANYWHERE FOR $183.00 WIN 2000 ADOBE ACROBAT V5.0 LICENSE $85.00 MS WORD2000 UPGRADE $1,800.00 ADVANTAGE LICENSE T TOTAL $2,068.00 208-411-102-316-0000 M26L AIRTASERS $4,500.00 PEPPERBALL LAUNCHER 36 SOFT CASES 61 PA-SCON ON/OFF SLIDES $8,500.00 EXPLOSIVE CONTAINERS/BOXES $700.00 TOTAL 208-411-102-318-0000 ,,- ' 'n ',4' "MYigi, '"+%14 ,K 4o, "7 $13,700.00 15 NOMEX FLIGHT SUITES CUSTOM $5,000.00 MADE TOTAL 208-411-102-342-0000 $5,000.00 .. - 10 NOVATEL MOBILE MODEM ANTENNAS $600.00 flf171n•nn AlkAl TOTAL $600.00 2001/2002 SLESF FUNDS ITEM PO#NENDOR AMOUNT STATUS 208-411-102-399-0000 CHILD ID KITS $2,600.00 TOTAL 208-411-102-502-0000 $2,600.00 SERVER $18,000.00 PROJECTOR w/case $3,800.00 LAPTOP -DEL INSPIRON 8200, $2,200.00 P41.6, 15SXGA TFT, 32 MB DDR, 4XVIDEO, 256 MB DDR RAM, 30 GB HD, WINDOWS XP PROF., INTEGRATED NIC/56K MODEM 24X CD-RW, 3YR WARR, MSOFF DOCKING STATIONS W/BRACKETS $6,000.00 FOR POWER ADAPTERS, CDPD ANTENNA, POWER MGMT KIT MISC WIRING & VEHICLE INSTALL TOTAL 208-411-102-503-0000 $30,000.00 WORK STATIONS PARRON HALL $2,201.00 TOTAL 208-411-102-508-0000 $2,201.00 CASSETTE DUPLICATOR $1,400.00 AUDIO VISUAL SYSTEM FOR $6,000.00 INVESTIGATIONS - CASSETTE DECKS CAMERAS ETC. TOTAL $7,400.00 08/13/200. 100 AM] 2001/2002 FUNDS ITEM PO#NENDOR AMOUNT STATUS 208-411-102-515-0000 HOSTAGE/RESCUE NEGOTIATOR $6,500.00 PHONE TOTAL $6,500.00 ITEM PO#NEN DOR AMOUNT STATUS 208-411-102-518-0000 SWAT SNIPER RIFLE, REMINGTON 700 .308 W/SCOPE, BASE MOUNTS, CASE $2,300.00 TOTAL 208-411-102-599-0000 $2,300.00 SERIAL NUMBER RESTORATION $2,500.00 KIT W/TOOLS, TEST KITS & CHEMICALS (6) RALEIGH POLICE SPECIAL $6,500.00 BICYCLES, ACCESSORIES, HELMETS, GLOVES & 1 YEAR MAINTENANCE KRIMESITE SCOPE DIRECT VIEW $21,000.00 KIT W/DIGITAL PACKAGE TO LOCATE & RECORD LATENT FINGERPRINTS CONTINGENCY FUNDS $6,930.00 TOTAL $36,930.00 GRAND TOTAL $113,399.00 08/13/200210:00 AM] 3 iEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 3 2fn2 AGENDA ITEM NO. 24 ITEM TITLE APPEAL OF THE TRAFFIC SAFETY COMMISSION'S DECISION NOT TO RECOMMEND THE INSTALLATION OF A MID -BLOCK CROSSWALK ON THE 1800 BLOCK OF 17th STREET BY THE FIRST CHRISTIAN CHURCH PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering EXPLANATION See attached explanation. CEnvironmental Review Financial Stateme t X NiA Approved® There is no financi- .act if e dec(sion oft e Traffic Safety Commission is affirmed Finance Director If the decision is not affirmed, the cost of t e crosswalk, installation, including pedestrian ramps and required signing and painting, is estimated at 2,300. This cost could be abs . - • A 0a current fiscal year Public Works O&M budgets and CIP hi trigets STAFF RECOMMENDATION Affirm the Traffic Safety Committee's decision not to install a marked crosswalk mid -block on the 1800 block of 17th Street. BOARD/CO N/A ISSION RECOMMENDATION ATTACHMENTS t Listed Below ) Resolution N9• 1. Traffic Safety Commission Report 2. Excerpt from the State of California Traffic Manual regarding the marking of crosswalks 3. First Christian Church Appeal Letter A-200 (9;99) Explanation: At their meeting on August 14, 2002, the Traffic Safety Commission considered a request made by the First Christian Church to install a crosswalk. on the 1800 block for 17th Street. The Committee voted unanimously not to recommend the installation of a painted, or otherwise marked, crosswalk. Attached is a copy of the report considered by the Traffic Safety Commission. Since the meeting, the First Christian Church has written a letter appealing the Traffic Safety Commission's decision to the City Council. A copy of the church's letter is also attached. The basic information that the Traffic Safety Commission considered in reaching their decision is as follows: According to the California Vehicle Code, a crosswalk exists at the prolongation of the sidewalks boundaries across a street when two streets meet at approximately right angles. A crosswalk exists whether painted or not, and pedestrians (almost always) have the right-of-way within a crosswalk. Many studies have been performed over the years by the State of California and various municipalities, including the City of San Diego, on the effectiveness and safety of marked crosswalks versus unmarked crosswalks. The results of the studies shows marked crosswalks should be used sparingly. Without going into great detail on the mechanics of how the studies were performed, the conclusion of the studies, which have been based on accident data, is that painted crosswalks seem to provide pedestrians with a false sense of security resulting in inattention and carelessness. The studies concluded that painted crosswalks should only be used to indicate to a pedestrian the best place to cross a street, and not to provide a place to cross the street. Typically, the best place to cross a street is at a controlled intersection (stop sign or traffic signal); consequently, crosswalks are normally installed at controlled intersections. At other than the controlled intersections, the general practice is not to paint the crosswalk. The studies suggest that mid -block crosswalks should not be utilized at all. However, it should be noted that there is nothing in the California Vehicle that disallows a responsible agency from marking a crosswalk at any location it determines is necessary. 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 14, 2002 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A CROSSWALK AT 1800 E. 17TH STREET (BY: FIRST CHRISTIAN CHURCH, TEL. NO. 743-7337) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: The First Christian Church, located at 1800 E. 17th Street, is requesting the installation of a crosswalk in front of the Church. They desire that the crosswalk be painted for their older members, children, and handicapped. The Church has several elderly and handicap persons that walk very slowly across the street and are concerned that they may be hit by speeding vehicles. They also stated that the nearest intersection is over 400 feet from the Church. Staff investigated the site of the request and found that there are no related accidents in the past three years and the existing traffic volumes are minimal. There is no sight distance problem. Numerous traffic studies have shown that marked crosswalks at unsignalized locations give the pedestrian a false sense of security. Pedestrians are being hit in marked crosswalks far more often than at unmarked areas. It is theorized that the reason for the accidents are that the pedestrians have a false sense of security and are entering the street without observing on -coming vehicles or taking proper precautions. For the safety of the pedestrians, Public Works policy is not to install crosswalks at unsignalized locations. STAFF RECOMMENDATION: The State and City Policy recommends that painted crosswalks not be installed. However, the Traffic Safety Committee could consider recommending to the City Council that the crosswalk be installed for the handicapped since this street is a dead-end and there are minimal traffic volumes. EXHIBITS: 1. Letter 2. Location Map 2002-21 7-1-2 -2002 2:33PM FROM P. 2 Page 1 of 1 From: Kim L. Lamb [la bkiml@a ? +'awk.eom] Sent: Thursday, July 11, 2002 2. 2 PM To: George Waters Subject: Cross Walk Safety July 11, 2002 Dear Mayor Waters, We at First Christian Church, 1800 East 17th Street of National City are seeking some assistance in providing a safe crossing for children and handicapped who use our facilities. Our parking lot is between 17th and 16th streets to the north and our Sanctuary and grassy play area is on the other side of 17th street to the south. • The ECS Head Start rents our facility adjacent to the parking lot during the week and crosses the street to use the grassy play area every weekday. Ages of these children range from eight weeks in a stroller to four years old_ • We have several older and handicapped people who move very slow to cross the street most every Wednesday evening, Sunday morning and Sunday evening. • 17th street is a very long street beginning at Palm and ending at I-805. This is the equivalent of two or three blocks. Our property is over 450 feet from the intersection of Palm and 17th Street. • There are many apartments at the end of the street and cars can pick up a fair amount of speed as they approach our facility. • Our evening Vacation Bible School posses additional concerns as we cross several times with children between the hours of 5:30 till 8:45 PM. Are there any signs or markings that could be placed between our parking lot and Sanctuary? Because of the shortness of time before Vacation Bible School, may we provide crossing guards and if so what procedures do they need to follow? (Do they need special clothing? Can they use signs to stop traffic like are used for school. crossings?) I, Kim Lamb, may be reached on my cell phone at (§1 7-73_37) or by email: lambkiml@aaahawk.com. Thank you for your considerations. Sharon Webster, Head Start director, may be contacted at (474-3477). Sincerely, Kim L. Lamb, Minister First Christian Church Officers: Ding Mangindin, Trustee (619-475-1147) Allen Meredith, Chairman of the Board (619 427-1362) 7/11/02, 6rh 1-1 12' OF RED CUREI 60' 8 v i OCATIONJ MAP Traffic Manual MARKINGS Exit and entrance ramps, including freeway connectors, shall be marked with a yellow edgeline supplemented with yellow reflective pavement markers on the left and a white edgeline on the right. See Figure 6-5, LEFT EDGELINES FOR DIVIDED HIGHWAYS. Typical interchange markings are shown in Figur 6-27, TYPICAL EXIT / CONNECTOR RAMP MARKINGS, Figure 6-28, TYPICAL ENTRANCE / CONNECTOR RAMP MARK- INGS, Figure 6-29, TYPICAL ACCELERA- TION / DECELERATION AND PARALLEL ACCELERATION LANE MARKINGS, and Figures 6-30 through 6-35, TYPICAL EN- TRANCE / EXIT RAMP TERMINAL PAVE- MENT MARKINGS. 6-02.9 Two -Way Left Turn Lanes A two-way left -turn lane is a lane reserved in the center of a highway for exclusive use of left or U-turning vehicles (CVC 21460.5). It is normally used where there are many points of access. The markings shall be selected from those shown in Figure 6-8, TWO-WAY LEFT -TURN LANES. Optional treatments at signalized, major and minor intersections are shown in Figure 6-19, TYPICAL TWO-WAY LEFT -TURN LANES. A gap in the markings should be made at all intersections. Two-way opposing pavement arrows may be used as shown in Figure 6-19, TYPICAL TWO-WAY LEFT -TURN LANES. The arrows may be supplemented by TWO-WAY LEFT TURN LANE SYMBOL (R67) and TWO-WAY TURN LANE (R67A) signs at new installations and problem locations. 6-02.10 Approach to an Obstruction Pavement markings shall be used to guide traffic on the approach to fixed obstructions within a paved roadway. An obstruction may be so located that all traffic must keep to the right, or the obstruction may be between two lanes of traffic moving in the same direction. The markings in either case guide traffic away from the obstruction. The use of channelizing lines as shown in Figure 6-12, MISCELLANEOUS 6-9 6-1992 DETAILS, or no -passing markings as shown in Figure 6-4, NO -PASSING ZONE - TWO DIRECTION, and as shown in Figure 6-36, TYPICAL OBSTRUCTION MARKINGS, are generally effective for marking obstructions such as bridge supports, refuge islands, median islands, and channelization islands. 6-02.11 Limit Lines (Stoplines) Limit lines (CVC 377) are solid white lines, normally 12 to 24 inches wide, extending across all approach lanes to indicate the point behind which vehicles are required to stop. If a marked crosswalk (Section 6-02.12, CROSSWALKS AND CROSSWALK LINES) is in place, it would normally function as a limit line. For added emphasis, a limit line may be placed 4 feet or further in advance of and parallel to the nearest crosswalk line. See Chapter 10, Section 10-04.3, CROSSWALK LINES, of this manual. In the absence of a marked crosswalk, the limit line should be placed at the desired stopping point; this point is typically no more than 30 feet nor less than 4 feet from the nearest edge of traveled way of the intersecting roadway. If a limit line is used in conjunction with a STOP sign, it should ordinarily be placed in line with the STOP sign. However, if the sign cannot be located exactly where vehicles are expected to stop, the limit line should be placed at the stopping point. The word "STOP", in 8 foot letters, may be placed on the pavement in advance of the limit line. A limit line shall be placed on paved approaches and a STOP pavement marking should be placed on all but minor approaches to State highways not controlled by signals. Typical limit line markings are shown in Figure 6-37, TYPICAL INTERSECTION MARKINGS. 6- 2 os,�sal The principles and practices described in this section apply to pedestrian crossings, in general, but may apply to other types of crossings, such as equestrian, bicycles, etc. This section does not apply to school crosswalks which are 6-10 11-1991 MARKINGS Traffic Manual described more completely in Chapter 10, SCHOOL AREA PEDESTRIAN SAFETY, of this manual. Pedestrian crosswalk markings may be placed at intersections, representing extensions of the sidewalk lines, or on any portion of the roadway distinctly indicated for pedestrian crossing (CVC 275). Crosswalk markings serve primarily to ide pedestrians into the pro'er path. '-markings indiscriminately, as eu pre ' e can be In some cases, .v'F estnans can he given a a se sense of security due to the prominent appearance of the crosswalk to the pedestrian, resulting in a The crosswalk markings may not be re y apparent to the driver from a safe stopping distance. Pedestrian crosswalk markings may be installed where they are advisable to channelize pedestrians into the preferred path at intersections when the intended course is not readily apparent or when in the opinion of the engineer, their presence would minimize pedestrian -auto conflicts. ' "°d� unless they are intended to ch-innelize 'pedestrians. Emphasis is placed on the use of marked crosswalks as a channelization device rather than as a safety device. The following factors may be considered in determining whether a marked crosswalk should be used: • Vehicular approach speeds from both directions. • Vehicular volume and density. • Vehicular turning movements. • Pedestrian volumes. • Roadway width. • Day and night visibility by both pedestrians and motorists. • Channelization is desirable to clarify pedestrian routes for sighted or sight impaired pedestrians. • Discouragement of pedestrian use of undesirable routes. • Consistency with markings at adjacent intersections or within the same intersection. Crosswalk markings may be established between intersections in accordance with CVC 21106(a). Warning signs should be installed and adequate visibility provided by appropriate measures such as parking prohibitions. Non -intersectional (mid -block) pedestrian crossings are generally unexpected by the motorist and should be discouraged unless, in the opinion of the engineer, there is strong justification in favor of such installation. Particular attention should be given to roadways with two or more traffic lanes in one direction as a pedestrian may be hidden from view by a vehicle yielding the right-of-way to a pedestrian. Crosswalk markings shall be solid white lines not less than 12 inches wide, marking both edges of the crosswalk. The lines should extend across the full width of pavement to discourage diagonal walking. A crosswalk should provide at least six feet of clear width between the lines. Diagonal or longitudinal lines may be placed within the crosswalk markings. These lines should be approximately 12" to 24" wide and spaced 12" to 24" apart. When diagonal or longitudinal lines are used to mark a crosswalk, the transverse crosswalk lines may be omitted; except when the factor that determined the need to mark a crosswalk is the clarification of pedestrian routes for sight -impaired pedestrians, the transverse crosswalk lines shall be marked. At controlled approaches, limit lines (stoplines) help to define pedestrian paths and are therefore a factor the engineer may consider in deciding whether or not to mark the crosswalk. Where it is desirable to remove a marked crosswalk, the removal may be accomplished by Traffic Manual MARKINGS 6-11 repaving or surface treatment. A marked crosswalk should not be eliminated by allowing it to fade out or be worn away. The worn or faded crosswalk retains its prominent appearance to the pedestrian at the curb, but is much less visible to the approaching driver. Signs may be installed at or adjacent to an intersection directing that pedestrians shall not cross in a crosswalk indicated at the intersection in accordance with CVC 21106(b). White PED XING pavement markings may be placed in each approach lane to a marked crosswalk, except at intersections controlled by traffic signals or STOP or YIELD signs. 6-02.13 Parking Stall Markings Parking stall markings shall be white. The marking of parking stalls on urban streets encourages more orderly and efficient use of parking areas. These markings tend to prevent encroachment on fire hydrant zones, bus stops, loading zones, approaches to corners, clearance spaces for islands and other zones where parking is prohibited. The placement and maintenance of parking stalls is the responsibility of the local agency. An exception to the above practice may be made when State highway resurfacing projects obliterate existing parking stall lines. The desirable dimensions of parking stalls are 8 feet by 24 feet, with a minimum length of 20 feet. At all intersections, one stall length on each side measured from the crosswalk or end of curb return should have parking prohibited. A clearance of 6 feet measured from the curb return should be provided at alleys and driveways. At signalized intersections, parking should be prohibited for a minimum of two stall lengths on the near side and one stall length on the far side. See Figure 6-39, TYPICAL PARKING STALL MARKINGS. Diagonal parking stalls are not permitted on State highways. 6-1992 6-02.14 Pavement Word and Symbol Markings Word and symbol markings on the pavement may be used for the purpose of guiding, warning, or regulating traffic. They normally supplement standard signing. They should be limited to not more than a total of three lines of information. Except as noted in Chapter 10, SCHOOL AREA PEDESTRIAN SAFETY, of this manual, they shall be white in color and should be no more than one lane in width. Where a turning movement is mandatory, an arrow marking accompanied by a regulatory sign shall be used. When an additional clearly marked lane is provided (CVC 22101), the sign is not required. Signs or markings should be repeated in advance of mandatory turn lanes when necessary to prevent entrapment and to help motorists select the appropriate lane before reaching the end of the line of waiting vehicles. Pavement markings should be 8 feet or more in height. When the message consists of more than one word, it should read "up", i.e., the first word should be nearest to the driver. The space between words should be at least four times the height of the characters for low speed roads, but not more than ten times the height of the characters. The space may be reduced appropriately where there is limited space because of local conditions. Since excessive use of pavement markings can result in driver confusion the number of different word and symbol markings should be minimized. The word "STOP" shall not be used on the pavement unless accompanied by a limit line (stopline) and STOP sign. See Figure 6-40, TYPICAL PAVEMENT LEGEND MARK- INGS. 1. EXIT RAMP ARROWS A minimum of two pavement arrows shall be placed on each freeway exit ramp lane. A Type V arrow shall be the first arrow, on the ramp, in the direction of travel when exiting the freeway. First Christian Church 1800 East 17th Street, National City, CA 91950 Office: 619-474-2254 Fax: 619-474-2252 August 20, 2002 RECEIVED Dear Burton Myers, � Thank you for inviting us to approach the City Counsel. We would like to 14, mk presentation concerning the following safety issue: We at First Christian Church, 1800 East 17th Street of National City are seeking some assistance in providing a safe crossing for children and handicapped who use our facilities. Our parking lot is between 17th and le streets to the north and our Sanctuary and grassy play area is on the other side of 17th street to the south. ♦ The ECS Head Start rents our facility adjacent to the parking lot during the week and crosses the street to use the grassy play area every weekday. Ages of these children range from eight weeks in a stroller to four years old. • We have several older and handicapped people who move very slow to cross the street most every Wednesday evening, Sunday morning and Sunday evening. ♦ 17th street is a very long street beginning at Palm and ending at 1-805. This is the equivalent of two or three blocks. Our property is, over 450 feet from the intersection of Palm and 17th Street. • There are many apartments at the end of the street and cars can pick up a fair amount of speed as they approach our facility. • Our evening Vacation Bible School posses additional concerns as we cross several times with children between the hours of 5:30 till 8:45 PM. On May 8, 1998 and on August 14, 2002 we have approached the Traffic Safety Committee and have still not received adequate assistance to resolve our safety concerns. There is no official training that allows us to have crossing guards with out us being liable.. There is no desire on the cities part to post the area because they would be liable. We are in a catch 22 and have no solutions for protecting our residence or visitors who attend our services nor the children and their parents who attend the Head Start school that uses our facility. Sincerely, Kim L. Lamb, Minister First Christian Church Officers: Ding Mangindin, Trustee (619-475-1147) Allen Meredith, Chairman of the Board (619 427-1362) Head Start Director: Sharon Webster (619-474-3477) CC: George Waters City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 3, 2002 25 AGENDA ITEM NO. 1-ITEM TITLE APPEAL — ZONE VARIANCE TIME EXTENSION REQUEST FOR AN OFFICE BUILDING WITH LESS THAN REQUIRED PARKING AND PROJECTIONS INTO THE REQUIRED FRONT YARD IN THE 1400 BLOCK OF HIGHLAND AVENUE (APPLICANT: KATHRYN WILLETS FOR PAUL AGPAOA AND THE NATIONAL CITY CDC) (CASE FILE NO.: Z-2001-10-TE) PREPARED Y Jon Cain�) DEPARTMENT Planning EXPLANATION The project site is a 15,984 square foot vacant lot on the west side of Highland Avenue, 100 feet south of 14th Street. The property is zoned General Commercial and is owned by the National City Community Development Commission (CDC). The Planning Commission approved a variance jointly proposed by CDC and private developer Paul Agpaoa of Maniflo Money Exchange, Inc. in August 2001, with a one-year time limit. The applicant is requesting a six-month time extension. Plans previously approved by the Commission call for a 6,000 square foot, two-story office building. The structure would be located at the front of the lot with parking behind; the building design would include a wood trellis at the building entrance and vertical cloth sunshades. The variance would allow 27 parking spaces where 29 are otherwise allowed, and it would also allow the trellis and sunshades to project into the required 10-foot front setback. The Planning Commission heard testimony in opposition to the project based on the fact that Wal-Mart's acquisition of nearby property may increase interest in this lot and that the developer has not applied for building permits during the past year. The Commission considered this along with the attractiveness of the building design and the relatively short extension request. The Commission voted to deny the applicant's t request for time extension. The developer submitted a timely appeal of this action. Environmental Review X N/ACategorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff recommends that the expiration date for Zone Variance no. Z-2001-10 be extended for six months to February 20, 2003. Account No. BOARD f COMMISSION RECOMMENDATION. l he Planning Commission ciemed tnhe time extension: Vote: Ayes — Valderrama, Baca, Reynolds, Graham Nays Flores, Ungab, Parra ATTACHMENTS l Listed Below) Resolution No. 1. Appeal letter 4. Planning Commission Resolution approving Z-2001-10 2. Applicant's time extension request 5. Site photos 3. Location map 6. Applicant's plans A-200 (9/8O) NATIONAL My PLANNIN Maniflo Money Exchange, Inc 1442 Highland Avenue National City, CA 981950 Tel: (619) 474-1547 Fax: (619) 474-1101 Email: fpagpaoa(umaniflo.com August 22, 2002 Mr. Roger Post Planning Director 1243 National City Boulevard National City, CA 91950 Subject: Appeal Request for Zone Variance Z-2001-10 (1400 Highland Ave.) Dear Mr. Post: The purpose of this letter is to appeal the decision by the Planning Commission made on August 19, 2002 regarding file case number Z-2001-10. Please notify me of the City Council meeting date and time when this will take place. Attached is the justification for my request. Chairman George Waters Members Nick Inzunza Rosalie Zarate Ron Morrison Mitch Beauchamp NATI{2N PLAN NU'-`. CITY F; , ii k July 23, 2002 Mr. Roger Post, Planning Director City of National City Planning Department 1243 National City Boulevard National City, CA 91950 � Preserving History... Shaping the Future ommunity Development mmission of National City Subject: Request for Extension of Zone Variance Z-2001-10 (1400 Highland Avenue) Dear Roger: The purpose of this letter is to request a six-month extension of the above variance application related to the office development proposal proposed by Mr. and Mrs. Paul Agpaoa, the developer, and the Community Development Commission (CDC). The variance is due to expire on August 20, 2002. The developer was delayed in submitting their building plans, but is expected to make said submittal by the end of t2002. The CDC approved an amendment to the Schedule of Performance contained in the Disposition and Development Agreement (DDA) between the developer and the CDC on July 2, 2002. This amendment calls for the developer to obtain building permit approvals by mid -December of 2002. A $10,000 non-refundable deposit was made by the developer to the CDC to provide assurance that this schedule would be adhered to. A six-month extension would allow the developer to obtain building permits allowing construction to begin in early 2003. At that time, the CDC would transfer title of the property to the developer and the Notice of Restriction on Real Property would be recorded. We feel the above represents good cause to approve the requested extension. If you have any questions, please contact Ben Martinez at (619) 336-4256. Sincereh Paul D-srochers Executive Director 140 East 12th Street, Suite B National City, California 91950-3312 Phone (619) 336-4250 Fax (619) 336-4286 www.ci.national-city.ca.us .v WWy 7_ Kathryn lefts Agpaoa Representative PROJECT LOCATION 100 0 100rFeet ZONE BOUNDARY a - LOCATION MAP 1428 Highland Avenue Z-2001-10 NATIONAL CITY PLANNING DRN. DATE: 6/20/01 INITIAL HEARING: 7/2/01 5 RESOLUTION NO. 27-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR AN OFFICE BUILDING WITH LESS THAN REQUIRED PARKING AND PROJECTIONS INTO THE REQUIRED FRONT YARD IN THE 1400 BLOCK OF HIGHLAND AVENUE APPLICANT: KATHRYN WILLETS FOR PAUL AGPAOA AND THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. Z-2001-10 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for an office building with less than required parking and projections into the required front yard in the 1400 block of Highland Avenue at a duly advertised public hearing held on July 2, 2001, and continued to the meeting of August 6, 2001 at which times oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2001-10 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on July 2, and August 6, 2001, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property is too small to provide two additional parking spaces for the proposed project and since other properties in the area have similar architectural projections and do not comply with parking lot or other Code standards. 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 conditions will require the development to comply with approved plans, and since the variance is needed for a proposed redevelopment project that is anticipated to stimulate additional investment in the area. 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 the proposed office use is permitted by the CG General Commercial zoning applicable to the property. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes architectural projections into the front yard setback and 27 parking spaces rather than the 29 spaces otherwise required. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. Z-2001-10, dated 5/23/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Two exits from the second story shall be provided if the occupancy load exceeds 10. 4. A grading plan shall be submitted for the review and approval of the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer and shall be in accordance with the City's standard requirements. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system form the proposed parking lot and development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins shall be undertaken in accordance with the NPDES regulations. 5. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this project. 6. The property owner, or its successors and assigns, shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, or its successors and assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 7. For PCV irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 8. A soils engineering report shall be submitted for the review and approval of the City Engineer. The report shall address the stability of all existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the 5 criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings shall be part of the Engineering Department requirements. 9. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6-inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 10. The deteriorated portions of the existing street improvements (20 feet of sidewalk) along the property frontage shall be removed and replaced as specified by the City Engineer. 11. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 12. A permit shallebe obtained from the Engineering Department for all improvement work within the public right-of-way, and the grading construction on private property. 13. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for the proposed grading, drainage, street improvement, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. This deposit is subject to adjustment. 14. All missing street improvements, including abandoned driveway aprons (30 feet of driveway), shall be replaced with curb, gutter, and sidewalks. All street improvements shall be in accordance with City standards. 15. Fire department access shall be maintained at all times during construction. 16. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco exterior to match the building. 17. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 18. A detailed andscape and underground irrigation plan, including plant types, methods of anting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 19. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 20. 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 fmal 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 August 20, 2001, by the following vote: AYES: Flores, Ungab, Baca, Reynolds NAYS: Valderrama ABSENT: Parra ABSTAIN: Detzer SITE PHOTOS 51-T 191-AN - 200F PLAN 51 ILE CM ErrMI% ELEC(E(CA. 0 01 WlA Mew cue F 510Fw(1. Hf.W G9IVEWAY NILNL AND AVENUE MANIFL-O INC. Or-IZA110N5 aHfl APPLICANT': w l0(M1A 11121IICOAW AWAIE INIYNM rm, utru++n WM 0619. 115.1511 LEGAL 9 %WWPfON: n v64roncf 1146A5f WE X^Li w /WS a IOI ILI III palm %CO N'S111 rAIYWIIL 1 A AMOK. III 'IF ll^/ CM Nerc1VL Or. CONY Of 5M!//L(O. WTI u CILF0114A AC[061410 M MAP Illtla Atl !66 ILIP W IFL G10E Of Ilt (NMI) FIl4NIV, Mk II, 18A9 MN 66 0' I51 061 560 III 01 ^.{IF NV1255 1428)01AW A'rt1LF. 1NII211•L CM. (N FL41M 01950 VICINITY MAP: pro.tcr nArA: W.OWG AEA - 5f Rr11.L eWM1u41rAwM5 • 2.9a Ilk% MICA A • loll LIIM WO If•:11> M¢5171.7 YY(ES • b96 VIAL • 6WV 'AR N1'n-IT') ell 1L(KY Min PAID • 575'. (N31f8L11TJ1`Yi. r1LFNG :N,rM/,iv•2 CONTACT - 6 51ND4.0 - 19 :OIA - T'i.Y45 I1.RI:NF 1F'.I • 1.a56 Li MEM.. OALCOW UNO=—° L-1 51114COW 601,15,1k-m FOTIet COPING 11- •INE5EL•4•1 I 0101 ID LUJ 01E17 L FEEL T-1 1ED 881E1E: E3IMERE-0 510F4r40LIf MOOS"! TECti IS El mr -I-11 A5-1" VAfION- FIWNf C OVFP Scv...f CP satea r".7 akssf., (.1)5 • OFT ••• ”V.iu iOrr 'WW1 • ,ir/41. Fos- I Mt 54 ves-r 1-VA-1119NAI - REVISIONS 544 0 Qi 4 1 eV 47 cr- 54krha 0111 v4,11.5 WOOD IT:E1415 4.9' 5 OWE 612 tiE IVOINT0 .4 00400E0 CON(.4trE 13LOCK CaIJh42l5 No-r ft\/ATION- 5117t :AINqr'CUtrUCratt' MEW J.1 '1 EXISING 541 IMALI I/ r • 0": 5:11CCOLV PG t 51:1214:f. POO COnNG 5AtIV:11:15HtfliCCO Al2.1ALEtil 11111: fa:G AKAITT 14EYJNfa r 1021111242)2, COLOar: «NOIR h Oa WAINSCOT OVEPYLOW 1(111145 sour- FLO/Al-10N- 51fit I V 0" 111:11111111111111111111 I I kir(4t41 EMP14021EE5 L004Ce 5CONP FLOR PLAN 1/8- -0' t "Egrig4-T4- - MCA, Vait 51(AC1,541e 0 0 A - 4- 5t(4. repa 4L4.' 4 .4.^ • 21 Flk5-1-FL0012 rLAN 1/8' • l'-0" 1 t REVISIONS fly • 0. 0 CONN:Ell N 71.07'IA' E e•0 ^fOf1 'ma] RM 'Scf127-STD w to vmf IL >N 'N9]5 IIIIII llll -4-1 1 owe ^Yliwa -- l "NNNo 1 MY IUAICSI IF• YIp SITE PLAN • rypRr� fofi m4i[LRD v ]fIW VARA NETER OWNER STRUCTURAL DESIGN RL1NIAORIC LEGAL DESCRIPTION A PORTION OF THE EASY HALF OF L01 10 IN OWRIER SECTION 154 ff RANCHD DE LA NACION, IN THE C111. OF NATIONAL CITY, COUNTY OF I DIEGO, SlA1E OF CALIFORNIA, ACCORDING TO IMP NO, 166, FILED IN 'i CFIEE OF THE SCOOT RECORDER OF SAN DIEGO COOT,, NAY I1, 18E PROJECT INFORMATION MITE ADDRESS: IARIRORATO,Ava NAuaULL,w.p SCOPE OF WORK: ZONING: TAX ASSESSOR'S PARCEL. Et 50043t4,1 SITE AREA: TN. RINAµ IYT BUILDINO AREA: TYPE OF CONSTRUCTION: OCCUPANCY: OOVBRNINO CODES: SHEET INDEX A4 sosszseus A4 ndCRRAN A4 =VAT= VICINITY MAP SIMMISISARTIMACUMIV,M. 10fw.I.sw1..6. N6s+w111o5Nm1•11AA wO4164«N.NY A,MNNp0AV YO W aGRNRAE1o.inTLLTAONOIryo A RORTStlR OATS CNLIMLICk 0A18: •u SCALE: IIDRCTNa NNW A-1 IMSR08TS A x44 49 45.15 47.33 `0F! az 'PYi'k'..26 x yo G VAL 1y l'J xJSTin ATER METER h 71°07'14" E V TER METER CTRICAL N5 • ECTRICAL ING WATER METEF RB LK —EXISTING GUTTER • SITE AREA = 20,350 sq. ft. BUILDING FOOTPRINT = 13.8% LANDSCAPE AREA =11.4% PARKING AREA = 74.8% EXISTING I STORY BUSINESS FF = 54.80 54.43 s.54.51 PLANTE RAISED EXISTIN SBGE VAULT 40.00' Till,T�JIIIIIII111ltt�l� I{iirf = 16T oraraoo�oo� ® �"i dl1331L 11 Ilj 1) 4, I Mkt -' I '' 1.11.11111.111.1111 SWIM m iniUI _IiW MHHcrtlQMfJl U PRAWN rr PAIL 6/22/02 PY_LLPI ML OMIT A-2 2 0.yu.n SECOND FLOOR PLAN SCALE 1/8' = 1' 110'- -0' -0 6' DRIVEWAY CLEAR BB •1 7' DECK I ABOVE z MARKETING E'-11' a'- or I / I A' 1 / j WK. RM. / L. OME <—UP roes a 06B 1'-4Y B4' CS DE:K AB )V 26' LEGAL ADMIN 30613 PAUL 40 4 10 FIRST FLOOR PLAN SCALE 1/0' = 1P • T'ff- 6B T 16'-0. 11111 11111 I1111 111A 36,4 �y4 2094 W4 RECEPT, CONFERENCE CORA DEVELOP. 9' 10'-101• -7{' 110'-0' 6' 16'-0' 6'•4i• - 13'-71' _3. 3.-6r - V-0. a 4•-at 3% SERVERS CNTROLR ELEC. ASSEM. mae lI ,. l zua 0 ACCOUNTING 3060 B LCO ON LUNCH ROOM DECK 63613 26•-0• N DECK I WOM • / . 3066 zaa • 3.-0. I J'-N. \2•.3, I -0' EN OFFICE MACHINES ❑i aL IS S.— L I 16'•0' 7,_,, 0 SECOND FLOOR PLAN SCM-C I/H' s 1' aILV.ELEVATIM ILSpV.KLEVAEIIN FASiEEEVAflrn w..v 514VA1'10v MANN r.- COMM PATSY ata ?*WIRY 110i .IORt A-3 ARp..l1111(11. • ��ILInG KCRIY 12 PITCH 3 F-• 30.-0. STUCCOED POLYSTYRENE FOAM COPING 11 00 a "1 IF EAST ELEVATION SCALE I/8' • 1' 1 ■.l U .. SAND FINISH STUC 0 J EB -EL. 12 ■ .. n n n n n n n rnwsgm. . f—1 T .I n n n n n n n f1 l L IN — TOP 0f PARAPE1 • 31'-T MINtMLM PARAPET HEIGHT • 2J'- ROOF LEVEL • 24'-6• CEILING LEVEL • 22'-6' 2ND FLOOR LEVEL • 12'-6. CEILING LEVEL • 10'-6' 1ST FLOOR LEVEL • 0'-6' GRADE • 0'-0' City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 3, 2002 26 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND WEST 33RD STREET, ON THE NORTH SIDE OF STATE ROUTE 54 (APPLICANT: SPRINT ASSETS, PCS, LLC) (CASE FILE NO. CUP-2002-8/CDP-2002-8) PREPARED BY DEPARTMENT Charley Marchesan Planning EXPLANATION The project site is a 1.19 acre, triangular shaped parcel at the southwest corner of National City Boulevard and West 33rd Street, in the ML-PD-CZ (Light Manufacturing -Planned Development -Coastal Zone) zone. The City recently approved the site to be developed with a self storage facility, and construction is underway. The facility consists of three buildings, with roughly 100,000 square feet of floor area and a maximum height of 35-feet. Sprint proposes to install a wireless communications facility on the largest of the three buildings, located on the southeast portion of the lot. The facility consists of eight panel antennas, a GPS antenna and related equipment. The antennas are proposed to be located in a stealth fashion inside small additions to existing architectural window features on each side of the building. The additions will be designed to match the building and are unlikely to create a noticeable change in its appearance. The applicant has indicated that up to four additional antennas could be added in a similar fashion in the future, if needed. The GPS antenna will be placed on the roof, below a parapet wall. Necessary equipment will be located inside the building, on the third floor. The Planning Commission held a public hearing on this matter at their August 6, 2002 meeting. There was no testimony in opposition. Conditions of approval require any additional antennas proposed by the applicant to be reviewed by the Planning Department and to be completely hidden from view. Environmental Review X N/A Financial Statement N/A Categorical Exemption Account No. (*.STAFF RECOMMENDATION Staff concurs with the decision ofthe 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 —Unanimous ATTACHMENTS ( Listed Below ) Resolution No. I. Planning Commission Resolution No. 21-2002 2. Location Map 3. Site Photos 4. Reduced Site Plan A-20C (9/80) RESOLUTION NO.21-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND WEST 33RD STREET, ON THE NORTH SIDE OF STATE ROUTE 54 APPLICANT: SPRINT ASSETS, PCS, LLC CASE FILE NO. CUP-2002-8/CDP-2002-2 WHEREAS, the Planning Commission of the City of National City, California, considered a Conditional Use Permit and Coastal Development Permit application for a wireless communications facility at the southwest corner of National City Boulevard and West 33`a Street, on the north side of State Route 54, at a duly advertised public hearing held on August 5, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. CUP-2002-8 and CDP-2002-2, 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 August 5, 2002, support the following findings: FINDINGS OF APPROVAL FOR THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the wireless communications facility will be located on or inside a building, currently under construction, on the 1.19 acre property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is accessed from National City Boulevard, an arterial street designed to carry a high volume of traffic and currently operating well below capacity; and since the use is expected to generate fewer than four vehicle trips per month; and since existing driveways will allow needed access to the proposed facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the wireless antennas will be completely screened so as not to be visible from the exterior of the building, and all associated equipment will be located inside the building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint PCS wireless communications network, resulting in enhanced service for its customers. FINDINGS OF APPROVAL FOR THE COASTAL DEVELOPMENT PERMIT 1. That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the proposed wireless communications facility involves only minor additions to a large building and the project does not block or restrict coastal access. In addition, the project is consistent with the standards referenced or contained in the LCP implementation document. 2. There are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the Coastal Development Permit, since the development will not affect coastal resources or access, and since there are no unusual hazards associated with the development. 3. That granting of this Coastal Development Permit is consistent with all other plans and ordinances of the City, since the proposed facility has been designed in accordance with Land Use Code standards and since the use is consistent with the Combined General Plan Zoning Map designation. Conditions of approval will ensure conformance with City standards for design, appearance, and operation. BE IT FURTHER RESOLVED that the applications for the Conditional Use Permit and Coastal Development Permit are approved subject to the following conditions: 1. This Conditional Use Permit/Coastal Development Permit authorizes a wireless communications facility at 152 West 3314 Street. 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. CUP-2002-8/CDP-2002-2, dated 7/3/2002. Additional antennas may be approved by the Planning Director if found to substantially conform with the design for installation shown on these plans. 2. To comply with the previously approved plans and conditions of approval for the self storage facility (PD-2001-5/CDP-2001-2), the applicant's plans shall be revised to remove the signage shown on sheet A4 and replace it with an architectural window feature. 3. Prior to the installation of any future wireless antennas at the site, the applicant shall submit plans for review and approval by the Planning Director. The plans shall show all proposed antennas being completely concealed within building additions designed to match the storage facility building. 4. All cable trays, exposed cable, dog houses, and GPS antennae shall be painted to match the storage facility roof 5. No wireless facility equipment or construction shall extend above the 35-foot maximum height limit for the site. 6. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 7. 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. 8. Before this Conditional Use Permit/Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that. conditions imposed by approval of the Conditional Use Permit/Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 9. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 10. 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; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and fmal 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 August 19, 2002, by the following vote: AYES: VALDERRAMA, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: STATE ROUTE 54 100 0 100 200 Feet PROJECT SITE CITY BOUNDARY ZONE BOUNDARY LOCATION MAP SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND WEST 33RD STREET CUP-2002-8/CDP-2002-2 NATIONAL CITY PLANNING DRN: 7/11/2002 INITIAL HEARING: 8/5/2002