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HomeMy WebLinkAbout2002 11-19 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - NOVEMBER 19, 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 OCTOBER 15, 2002. MAYOR'S PRESENTATION COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 11/19/02 PAGE 2 0 PRESENTATION Employee Introduction Program PROCLAMATION Proclaiming the remaining holiday months of 2002 and all of 2003 as: "BUCKLE UP FOR LIFE CHALLENGE" PUBLIC HEARING 1. Public Hearing — Appeal of Planning Commission action regarding new construction at 2244 E. 4th Street. (Applicant: Charles I. Cheneweth Foundation) (Case File No.: Appeal-2002-1) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Resolution No. 2002-162 Resolution of the City Council of the City of National City authorizing the City Engineer to establish two three-foot red no parking zones adjacent to the driveway at 1045 East 3rd Street. (R. Petere, TSC Item No. 2002-27) (Public Works/Engineering) 3. Resolution No. 2002-163 Resolution of the City Council of the City of National City to approve and accept a storm drain easement located at the southwest corner of National City Boulevard and 33`d Street, and authorizing the recordation of same document. (A.P.N. 562-330-43) (Public Works/Engineering) COUNCIL AGENDA 11/19/02 PAGE 3 CONSENT CALENDAR (cont.) 4. Resolution No. 2002-164 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Commercial Rental Agreement between the City of National City and the National City Historical Society (formerly the South Bay Historical Society) for the lease of the Granger Music Hall property. (Public Works/Engineering) 5. Resolution No. 2002-165 Resolution of the City Council of the City of National City authorizing the Mayor to execute a lease between the City of National City and the National City Adult School. (Engineering) 6. Resolution No. 2002-166 Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into a Memorandum of Understanding with the National School District for joint funding of a D.A.R,E./J.O.G./School Resource Officer for four years, as required by the COPS in Schools Federal Grant. (Police) 7. Resolution No. 2002-167 Resolution of the City Council of the City of National City authorizing an increase in Reserve Police Officer uniform allowance and expense reimbursement. (Police) 8. WARRANT REGISTER NO. 16 (Finance) Ratification of Demands in the amount of $975,974.07. COUNCIL AGENDA 11/19/02 PAGE 4 CONSENT CALENDAR (cont.) 9. WARRANT REGISTER NO. 17 (Finance) Ratification of Demands in the amount of $248,423.85. 10. WARRANT REGISTER NO. 18 (Finance) Ratification of Demands in the amount of $1,125,130.08. 11. WARRANT REGISTER NO. 19 (Finance) Ratification of Demands in the amount of $251,313.84. 12. WARRANT REGISTER NO. 20 (Finance) Ratification of Demands in the amount of $1,463,042.33. 13. Street Tree Committee Minutes. (Parks & Recreation) NON CONSENT RESOLUTION 14. Resolution No. 2002-168 Resolution of the City Council of the City of National City finding and declaring the property located at 2501 Cleveland Avenue a public nuisance under California Civil Code Sections 3479 and 3480, and California Public Resources Code Section 30005(b). (Community Development Commission) COUNCIL AGENDA 11/19/02 PAGE 5 URGENCY ORDINANCE 15. An Emergency Ordinance of the City Council of the City of National City adopting the Standard Urban Stormwater Mitigation Plan. (Public Works/Engineering) OLD BUSINESS 16. Continued discussion regarding the Trophy Lounge on National City Boulevard. (City Manager) NEW BUSINESS 17. Consider Approval of proposed modification of AT&T wireless facility at El Toyon Park. (City Attorney) 18. Time Extension Request — Tentative Subdivision Map for division of a vacant, 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and M Avenue. (Applicant: Frank and Linnea Arrington) (Case File No.: S-2000-2) (Planning) 19. Request to use the Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works). 20. Request to use the Community Center by the National School District and waiver of fees. (Public Works) -* CITY MANAGER — CITY ATTORNEY COUNCIL AGENDA 11/19/02 PAGE 6 NEW BUSINESS (cont.) --> OTHER STAFF —> MAYOR -> CITY COUNCIL PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. CLOSED SESSION Conference with Legal Counsel -Existing Litigation -Government Code Section 54956.9 (a). Coronado Branch Line ADJOURNMENT Next Regular City Council Meeting — December 3, 2002 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE To: LAVONNE WATTS, EXECUTIVE ASSISTANT CITY MANAGER'S OFFICE From: MAYOR'S OFFICE Date: October 11, 2002 Re: MAYOR'S PRESENTATION THE MAYOR WILL BE MAKING A PRESENTATION TO LYNN ROBINSON AT THE COUNCIL MEETING ON TUESDAY, NOVEMBER 19, 2002. PLEASE PLACE THAT ITEM ON THE AGENDA UNDER MAYOR'S PRESENTATION. • Page 1 City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE November 12, 2002 TO Park Morse, Assistant City Manager FROM Roger C. DeFratis, P so el SUBJECT : EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. Chief DiCerchio Andrea Gonzalez/Police Recruit Tonic Merlo/Police Dispatcher Yolanda Felix/Police Records Clerk May 7, 2002 October 1, 2002 October 29, 2002 xc: Chief DiCerchio RCD:Im Employee Intro Recycled Paper WHEREAS, WHEREAS, WHEREAS, WHEREAS, > Itti claniatuin Traffic crashes are the NUMBER ONE killer of Americans, ages 1-38, and last year in California, more than 3,000 people were killed in traffic crashes, on our streets and highways; and The safety seat belt has been proven to be the most effective life-saving and injury -reducing device for all types of motor vehicle crashes; and As many as 2,000 lives could be saved each year if every driver and passenger would wear safety seat belts during every trip in a car, and The BUCKLE UP FOR LIFE CHALLENGE has been extended through 2002- 2003; and This extension will give city governments, community organizations, business industry and labor an additional opportunity to help bring about a significant increase in seat belt and child car seat usage, by focusing public attention on the life-saving benefits of these safety devices. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the remaining holiday months of 2002 and all of 2003 as: "BUCKLE UP FOR LIFE CHALLENGE" in the City of National City. 1N WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 5H day of NOVEMBER, 2002. GeorgeWaters, Mayor City of National City, California COUNCIL AGENDA STATEMENT QEETING DATE November 19, 2002 (ITEM TITLE APPEAL OF PLANNING COMMISSION ACTION REGARDING NEW CONSTRUCTION AT 2244 E 4TH STREET (APPLICANT: CHARLES I. CHENEWETH FOUNDATION) (CASE FILE NO.: APPEAL-2002-1) PREPARED BY Jon Cain DEPARTMENT Planning EXPLANATION. The Council set this item for hearing at the October 15 meeting. The attached background report describes the item in detail. 1 AGENDA ITEM NO. CEnvironmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the appeal be granted with the condition requiring only one door facing the street. t..:..r`/✓ BOARD / COMMISSION RECOMMENDATION N/A 1. backgr A TACHMEound rept1TS ort( Listed Below ) 2. City Attorney's legal memorandum 3. Location map 4. Denial letter A-25? (Liters from concerned citizens 6. Site photos Resolution No. 7. Appeal letters and applicant's submittals 8. Applicant's petition 9. Applicant's plans (Exhibit A -Revised, dated 9/3/2002) BACKGROUND REPORT The applicant originally submitted plans for a Building Permit to construct a 4,052 square foot, six - bedroom, two -bath residence for developmentally disabled individuals. The project site includes two adjacent, vacant lots in the RS-2 Single-family Residential zone with a total area of 13,323 square feet. The proposed building was substantially larger than the typical 1,200 to 1,900 square foot homes in the area. At 84 feet wide overall and 19'%-feet tall it was bulky relative to nearby homes on typical 50-foot wide lots. Plans also included five entrances facing the street, and did not include the two required parking spaces. The building permit was denied and appealed to the Planning Commission, which considered the item June 3 and asked the applicant to revise plans. The Commission denied the appeal on July 1 based on non-compliance with City Design Guidelines. There was a great deal of public testimony at both Planning Commission meetings,_ Project opponents were primarily concerned with the large size of the structure and its institutional/commercial appearance, project proponents stated a structure of this size was necessary to meet the needs of the disabled residents. The applicant sent a letter to the Council and City Manager after the appeal period had lapsed. The Council considered the item and directed the applicant to resubmit to the Planning Commission and work with the community: Revised plans were submitted on September 30. Revised plans incorporate several changes. The structure is 5% smaller and is now 3,840 square feet rather than 4,052 square feet. The building has also been rotated 180 Although it is still 84 feet wide overall, a 43-foot wide section of the building is closest to the street, whereas the original plans showed a 71-foot wide section of the building closest to the street. Revised plans show three doors facing the street: one clearly distinguishable front door and two bedroom doors further back on the building. New plans show a shorter building at "16% feet tall rather than 19% feet. Also, the revised plans meet Code requirements for parking with one carport space and one uncovered space. The Planning Commission reconsidered the item on October 7 and approved the appeal based on the revised plans. The Planning Commission added conditions requiring that only one door face the street and that the building be designed to have the capability for a garage to be provided in the future. The revised plans better comply with Design Guidelines. Although the building will still be substantially larger than nearby homes, the bulkiest part of the building has been moved to the rear of the lot, and the overall height has been reduced, further reducing its scale. Conditions required by the Planning Commission will require that there be only one front door, which is much more compatible with the residential character of the area than the five doors facing the street originally proposed. However, the plans still lack a garage, a feature typically provided for neighboring homes. If the Council approves the appeal, the applicant must complete the building permit process prior to construction. Further plan submittals such as detailed landscape plans are needed, and the revised plans still need review from other City Departments to verify compliance with Building Code and Fire Department requirements, as well as Engineering Depattnient standards. 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: FROM: Senior Assistant City Attorney Mayor and City Council DATE: November 13, 2002 SUBJECT: Agenda of November 19, 2002 - Application of Charles I. Cheneweth Foundation for Construction of a Single-family Residence at 2244 4th Street, National City. This memorandum will address the legal issues underlying site plan review of .the application of the Charles I: Cheneweth Foundation ("Cheneweth") to build a 3,840 square feet structure in an RS-2 zone. This item will. appear on the November 19th agenda pursuant to site plan review by the council under chapter 18.128 of the Municipal Code. Cheneweth proposes to build a large structure which it claims qualifies as a single-family residence, to provide assisted living for up to six (6), profoundly disabled cerebral palsy victims. The facility is to be licensed by the State of California as an iCF/DD-N facility. Cheneweth claims that the city is required to allow this type of structure as a residential structure in a RS-2 residential zone as a matter of reasonable accommodationunder the provisions of federal law affecting persons with disabilities. Cheneweth also looks to state law which requires local government to treat assisted care living facilities for six or fewer residents in residential zones the same as any single family residence for purposes of land use requirements. Cheneweth claims the size of the structure is dictated, by mobility requirements for wheelchairs, gurneys and overheard lift assemblies, and the economics of sizing a facility to accommodate an optimal number of residents. Cheneweth is being assisted in its efforts by . Protection and . Advocacy, Inc. (PM), a federally mandated programthat is designated to provide legal advocacy on behalf of persons with disabilities. PM authored a letter which it sent to the parents of one of the proposed residents, outlining certain legal protections applicable to the disabled. The letter however focused on the alleged denial of a permit to a parent of one of the proposed residents to build a single-family residence for that disabled child, as if that parent were the applicant. ISSUES Question 1: Is the City required bylaw to allow construction of a 3,840 square foot structurte-in an RS-2 zone as a "reasonable accommodation" for or on behalf of qualified individuals with disabilities ("QID's"), as contended by PAI? ® Recycled Paper Cheneweth Foundation November 13, 2002 Page 2 Answer 1: No, the City is not required to approve the construction of a 3,840 square foot structure in an RS-2 zone as a matter of "reasonable accommodation for QID''s: Question 2: Even if not required to, may the City allow such construction as a "reasonable accommodation" for QID's without establishing a binding precedent? Answer 2: Yes, the City may allow such construction for QID 's without establishing binding precedent. FACTS On July 1, 2002, the Planning Commission had originally denied the Cheneweth application, based on the Planning Director's findings that the bulk and scale of the original proposal for a 4,052 square foot residence structure was contrary to the design guidelines established by City Council resolution for this RS-2 zone and the neighborhood. The reasons for the initial, denial of the building permit by the Planning Department were set forth in a letter to Cheneweth dated May 2, 2002. At the request of Cheneweth, the matter was placed on a City Council agenda after the appeal period had lapsed, and the City Council referred this matter back to the Planning Commission. The applicant then made several revisions to their plans by reducing the floor area by 200 square feet, by redesigning the building to present a narrower front elevation and by reducing the number of front doors on 4th Street from five (5) to three (3). The redesigned plans submitted to the Planning Commission showed a 3,840 square foot footprint that was now rotated 180°, extending the balance of the house to the rear of the lot. Following the referral by the City Council, the Planning Commission then approved the revised plans submitted by Cheneweth on October 7, 2002, with some further conditions, including the relocation of two of the now redesigned three front doors to the side elevations. 4th Street is zoned RS-21 along its length from Euclid on the east to I-805 to the west. With the exception of 2302 4th Street, all lots are approximately 5,000 square feet in area; 2302 4th Street is slightly larger. The lots are also slightly larger on `Stt' Street, which is zoned RT (two dwelling units per 5,000 square foot lot). Cheneweth proposes to merge two adjoining 5,000 square foot lots it owns located in this RS-2 zone along 4t Street, in order to site the 3,840 square foot structure. RS-2 refers to a single-family residence on a minimum 5,000 square foot lot. Cheneweth Foundation November 13, 2002 Page 3 This particular RS-2 zone. is occupied by 27 single-family residences 24 of those existing residences are between 1,075 to 1,869 square feet in floor area; the remaining 3 residences are less than 1,000 square feet in area. To the north of this RS-2 zone is El Toyon Park, which is zoned IC -OS (Institutional/Open Space). Euclid Avenue along the East boundary of this RS-2, zone at 4a` Street is zoned "IP" (Institutional). Paradise Valley Hospital occupies that zone: National City Municipal Code (NCMC) chapter ,18.128 requires.. site.; plan review for all residential, commercial and industrial structures that involve either new construction or changes in floor area or use. NCMC section 18.128.040 prescribes the standards for site plan review. To paraphrase, plan review standards include compliance with all codes, desirable site layout and design, compatibility with the neighborhood, general plan compliance, architectural quality and consistency with land use guidelines. Site Plan Review Guidelines were established in Appendix B of the Land Use Code by the City Council. The Planning Department has advised that a structure of this size in an RS-2 zone, under site plan review and regardless of the applicant's status, is inherently incompatible with the surrounding single-family structures in the zone due to its bulk and scale. The applicants, on the other hand, had claimed throughout the various hearings and appearances that the size of the structure is necessary as, a "reasonable accommodation". in order to accommodate the physical layout and facilities required for the six profoundly disabled proposed residents. It was also claimed by the applicants that federal law requires such a "reasonable accommodation" by the City. At one point in a discussion before the Planning Commission, , the applicant also stated it was impractical to build two (2) houses of up to four (4) bedrooms each, one on each of the two lots it owned, to house up to a total of eight (8) residents, because of the need for common kitchen and community room facilities, ; However, under the provisions of Health and Safety Code Sections 1250 and 1267.8, and section, 5116 of the Welfare and Institutions Code, there was nothing to prevent such a siting, which would have been consistent with the City design guidelines, with or without accommodation. Furthermore, section 1267.8 neither prohibits nor requires a municipality from applying zoning requirements to an institutional residential care facility for six or fewer residents which are applicable to all residential structures in the same zone, so long as, there is no distinction made between a proposed use as a residential care facility (asdefined) and the other single family structures in that zone: LEGAL ANALYSIS Our legal analysis can be relatively brief. 42 U.S. Code Section 12132 and judicial decisions hold that "zoning" decisions are an "activity" encompassed by the Americans with Disabilities Act ("ADA") 42 USC 12132, and Section 504 of the Rehabilitation Act. (Bay Area Addiction Research and Treatment, Inc. v. City of Antioch, (9th Cir. 1999), 179 F3d 725); Kennedy v. Cheneweth Foundation November 13, 2002 Page 4 Fitzgerald, (N.D.N. Y. 2000) 102 F. Supp. 2d 100. Therefore, the application of city land use requirements must be evaluated within the context of federal law and the judicial decisions interpreting such requirements and the applicable exceptions. The cases for "reasonable accommodation" arise in a variety of contexts: disabled access and mobility requirements; encroachments onto public sidewalks for wheelchair ramps; no undue or disproportionately burdensome requirements for the disabled that are not applicable to non- QID's; and so forth. That is, public agencies are required to review and modify general zoning requirements or procedures in such a way as to allow for a "reasonable accommodation" to fit the needs of disabled persons, or QID's:" There was one particular case cited by the applicant before the Planning Commission that has been further reviewed and analyzed, and I have concluded that it is not relevant here. That case, Oxford House, Inc. v. Township of Cherry Hill, 799 F. Supp. 450 (DNJ 1992), concerned the rental of an existing house to a group home for alcoholics. The question concerned whether such a group could be barred as not being a "family" under the zoning laws of Cherry Hill. The court ruled in favor of the applicants, holding that because the township had imposed more stringent requirements on the group because of their alcoholism than it would have on others not related by blood or marriage, it therefore impermissibly discriminated against them. This has also been the thrust of other cases when zoning requirements were perceived to place a disproportionate burden on a protected class under the ADA. (See Smith -Berth, Inc. v. Baltimore County 68 F. Supp: 2d 602 (D. MD 1999), overturning a public hearing for a methadone clinic when a public hearing was not required for a "medical doctors clinic"). By contrast, in 'the case of the Cheneweth application, the city is imposing only such requirements as would be imposed on any other development in that zone, and is not treating the Cheneweth Foundation any differently. There is one case that clearly holds that a city is not required to issue a building permit for the new construction of a residential structure for QID's if it would not have allowed such use to non-QIDs. In Forest City Daley Housing, Inc. v. Town of North Hampstead, 175 F 3d 144 (2d Cir. 1999), the court held that neither the ADA, the FHA nor the Rehabilitation Act were violated by the City's refusal to allow construction of a residential group home for QID's in a commercial zone. Although that case dealt with the establishment of a residential use in a commercial zone, the principle is the same: if structures for residential use by persons without disabilities' would not be permitted in a particular zone, then they are not required,to be permitted for construction for QID's within the same zone. That is the situation presented with the Cheneweth application, namely, that a building permit is not required to be issued for a structure that exceeds the scale and bulk of the existing neighborhood and zone under city zoning guidelines. This result is also consistent with Health and Safety Code section 1267.8, cited earlier, which allows equal application of zoning laws for all structures in a particular single family residential zone, notwithstanding the status of the occupants as QID's. Additionally, it should be noted that this application is to build a new structure in a residential zone, rather than to use an existing residence for assisted living by QID's. 5 Cheneweth Foundation November 13, 2002 Page 5 On the basis of Forest City Daley Housing and Government Code Section 1267.8, I am therefore of the opinion that the City Council is not required to issue a building permit for construction of a structure that is institutional in nature rather than residential, and whose bulk, size and scale exceeds that of .its surrounding ,residential neighborhood under the concept of "reasonable accommodation," if a comparable structure in terms of its bulk, size and scale would not otherwise be permitted in that zone. Having said that, should the Council however elect to issue the permit under the guise or within the spirit of "reasonable accommodation," I am of the further opinion that doing so would not create a precedent for a departure from the Site Review Guidelines for non-QiD's, although it might be viewed - as creating a precedent regarding . what would constitute a "reasonable accommodation" for other QID's when they are similarly -situated. RUDOLF flRXDEc Y, ESQ. Senior Assistant City Attorney RH/gmo cc: City Manager Planning. Director Opinion File El Toyon Park IC -OS e er C. e ‘m e er e PROJECT SITE ZONE BOUNDARIES LOCATION MAP 2244 E. 4TH.STREET Appeal-2002-1 NATIONAL CITY PLANNING RT IP-PD DRN: 5/30102 PC DATE : 6/3102 $4, City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR May 2, 2002 Nick Cheneweth Charles I. Cheneweth Foundation 2300 E. 7th Street National City, CA 91950 Subject Building Permit Application for 2244 E. 4Street (Plan Check #02020002) The purpose of this letter is to inform you that the above referenced building permit application has been denied pursuant to National City Municipal Code Section 18.128.040 — "Site Plan Review" based on the following items: 1. The proposal is inconsistent with the City's Design Guidelines, which state the following: • Infill development should relate to the site's existing surroundings with regard to proportion, mass, scale, and materials • Residential infill projects should be developed within the context of existing neighborhoods, respecting the overall "style" of the specific area in terms of scale, bulk, materials, setbacks, and building orientation • Projects which intrude into a neighborhood either by their scale and bulk, or by their lack of architectural compatibility are discouraged • New single-family projects should incorporate the distinctive architectural characteristics of surrounding development The scale and bulk of the proposed structure is not consistent with these Design Guidelines. The 4,052 square foot structure is in an area of homes that are typically between 1,000 and 1,900 square feet in size. The building is 84 feet wide, whereas nearby structures are generally 40 feet wide, and lots are typically 50 feet wide. The bulk of the building is conipounded by the fact that the building's largest face is oriented toward the street. Many of the other structures in the area, in addition to being less than half as wide, are L-shaped and thus appear even less bulky from the •street. Furthermore, the provision, of five front doors facing the street and separate exits to the exterior for each bedroom are inappropriate in an area characterized by single- family residences with single exterior doors facing the street ® Recycled Paper The proposed site layout and design is undesirable since it is not compatible with neighboring properties and does not comply with Design Guidelines. 2. The proposed project does not comply with the Land Use Code requirements applicable to the property, since it does not include the two required parking spaces, at least one of which must be in a carport or garage, and since it includes a parking space in the front yard setback. Note that a home this size typically has a two -car garage at a minimum. 3. It is not possible to evaluate the proposal for compliance with requirements for landscaping since the required detailed landscape and irrigation plans were not submitted. It is recommended that you consider redesigning the project to address the issues listed above. The design could include an alternate site layout that reduces the scale and bulk of the building, by providing two smaller structures, for example. This decision may be appealed to the Planning Commission. Should you decide to appeal, a letter describing the reason for the appeal should be submitted to the Planning Department within 90 days, along with 15 sets of plans and a fee of $350. Upon receipt, the matter will be scheduled for Planning Commission consideration. If you have any questions regarding the denial or the appeal process, please call me at (619) 336-4315. Sincerely, Jon Cain Associate Planner cc: Jorge Engel, AIA irotection Advocacy, October 4, 2002 SAN DIEGO LEGAL OFFICE 1111 Sixth Avenue, Suite 200, San Diego, CA 92101 Telephone: (619) 239-7861 Fax: (619) 239-7906 Toll Free: (800) 776-5746 TTY: (800) 576-9269. Elaine Barrack P.O. Box 813 Spring Valley, CA 91976 DDN Re: Building a house in National City that will be licensed as ICF Dear Ms. Barrack You contacted Protection and Advocacy, Inc. (PAI) because you want to build a house in National City for your daughter. You told me that a permit had been denied because of desig i problems and neighbor objections. PAI is the State's federally mandated system, designated to provide legal advocacy X- on behalf of people with disabilities. See, e.g., the Protection and Advocacy for Individual Rights Act of 1992, 29 U.S.C. ' 794e; the Developmental Disabilities Assistance and Bill of Rights Act, as amended 42 U.S.C. ' 6000 et seq.; the Protection and Advocacy for Mentally Ill Individuals Act of 1986, as amended, 42 U.S.C. ' 10801 et seq.; and the Technology Related Assistance for Individuals with Disabilities Act of 1988, 29 U.S.C. ' 2201; see also, California Welfare & Institutions Code ' 4900 et seq. Enforcement of fair housing rights of people with disabilities, including challenges to unlawful local government actions which adversely impact the availability of congregate living arrangements for people with disabilities, is among our advocacy priorities. As explained below, California law requires that an ICF/DD-N for six or fewer residents be treated the same as any single-family residence for purposes of land use and construction requirements. Moreover, conditions and restrictions on such facilities and facility residents that are not imposed on single-family residences or families within the same zone violate state and federal laws prohibiting discrimination in housing on the basis of disability. Ip "Working in partnership with. people with disabilities — to protect, advocate for and advance their human, legal and service rights; striving toward a society that values all people and supports their rights to dignity, freedom, choice and quality of life." Barrack Letter Page 2 of 4 State Licensing Provisions ICF/DD-Ns are licensed under Chapter 2 of Division 2 of the Health and Safety Code. Health and Safety Code section 1267.8 very clearly provides that an ICF/DD-N which serves six or fewer persons is to be treated like other single-family residences. Thus, for example, section 1267.8(c) says that Whether or not unrelated persons are living together, an [ICF/DD-N] which serves six or fewer persons ... shall be considered a residential use of property for the purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance which is related to the residential use of property. An ICF/DD-N for six or fewer residents may not be characterized as a business or in any way that implies that it differs from a single-family residence: For the purposes of all local ordinances, an [ICF/DD-N] which serves six or fewer persons ... shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the [ICF/DD-N] ... is a business run for profit or differs in any other way from a single-family residence. Id. Restrictions may be placed on, for example, building heights, setback, lot dimensions, or placement of signs on facilities .as long as such restrictions are identical to those applied to other single-family residences.. Id. Most relevant, section 1267.8(c) provides: This section does not forbid the application to an [ICF/DD-N] ... of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within /the jurisdiction of a local public entity, as long as that ordinance does not distinguish [an ICF/DD-N] which serves six or fewer persons... from other single-family dwellings and that the ordinance does not distinguish residents of the [ICF/DD-N] ... which serves six or fewer persons ... from persons who reside in other single-family dwellings. II :7) Barrack Letter Page 3 of 4 State Building Code The State Building Code (Title 24, California Code of Regulations) and other building standards cited by the City do not apply to single-family homes and, therefore, may not be applied to the proposed ICF/DD-N in question. The State Building Code applies•to some .residential. settings--e.g., hotels, motels, dormitories, resorts, homeless shelters,, halfway houses, transient group homes and lodging. Because it does not apply to single-family residences, however, it does not apply to an ICF/DD-N for six or fewer residents, In sum, the City may not impose those requirements for parking or construction (for ramps, hallway widths, etc.) referred to in its communications to the provider that do not apply to other single-family homes. Reasonable Accommodation Requirements, I Both the FHAA and FEHA define discrimination on the basis of disability to 7 include the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford individuals with disabilities equal opportunity to use and enjoy a dwelling. E.g., 42 U.S.C. section 3604(f)(3)(B); 24 C.F.R. section 100.204(a); Government Code --X" section 12927(c)(1). A "reasonable accommodation" means changing some rule that is generally applicable so as to make its burden less onerous on the handicapped individual. Oxford House, Inc. V. Cherry Hill, 799 F. Supp. at 462 n. • lc L..1 . r Even if one or more of the rules, ordinances, design requirements or construction \ requirements were otherwise applicable to an ICF/DD-N, if the City refuses to make reasonable accommodations, in the form of waiving or modifying such CX requirements in order to permit the proposed facility to operate, their refusal would violate state and federal law. Conclusion Thus National City cannot impose any restrictions they would not impose on a residence in this same area. However, they can ask that the house comply with ( ,standards that exist for residences in this area. If they do impose residence .)c- standards that you are unable to comply with, you can ask that the requirements be Barrack Letter Page 4 of 4 waived as a reasonable accommodation. In order to do that you will need to write a letter asking for a "reasonable accommodation". What You Should Do Next You should take this letter with you to your upcoming hearing before the Planning Commission and give them a copy. If the Commission denies your permit request based on the design requirements, you should do the following: 1. Ask for and get a copy of the design requirements; 2. Make a written request asking that the design requirements be waived as a reasonable accommodation because of the residents' disability needs; 3. Contact me immediately for assistance with the reasonable accommodation request. Enclosed is background information I received from National City. Good luck at your hearing, please contact me as soon as possible afterwards to let me know the outcome. Very truly yours, , N\ \j Margaret Jakobson Managing Attorney 13 Original Message From: rbibb©atInet [mailto:rbibb@attnet] Sent: Tuesday, October 01, 2002 10:46 PM To: Planning@ci.national-city.ca.us Cc: Ron Morrison; Rosalie Zarate; Mitch Beauchamp; George Hood; Police; CMO; Mike DaIla; Fire; George Waters; Attorney; Engineering Subject: Building Permits for 2244 To The National City Planning Commission, On Monday October 7 2002,please deny the Cheneweth foundation/Barrack family permits to build on the empty lot at 2244 E 4th street in National City unless they make the necessary changes to the current proposed structure and bring it into compliance with our city's zoning laws. Some people, Such as Marti Emerald, Councilman Nick Inzunza, Nic Cheneweth, and tie Barrack family decided that the best way to get what they want is to put pressure on you and the rest of our govern body by taking their case to the media. These people have no respect for our city and its residents. "Narrow minded" is the words Marti Emerald used to describe the Mayer, the Councilmembers who want to uphold the laws of our city, and especially the Planning Commission for Denying this proposed project 3 times. I now stand corrected, according to Marti Emerald and Nick Inzunza, it was not Nic Cheneweth who applied for building permits some 4 months ago, it is now the Barrack Family applying for permits. The Barracks stated that They lost 40 thousand dollars because of a all the delays caused by the Planning Commissions refusal to issue permits, and because "a handful of neighbors" rejected the ideal of building such a large structure(the proposed structure is over 3800 square feet, the average home in the neighborhood is between 1350-1400 square feet)in an area zoned for residential homes. A private citizen can not receive state or federal funds to build a private residence, and Zoning restrictions and rules apply such as, the house must have a garage, and the size of the structure must comply to residential codes. According to the troubleshooter's report on Monday September 23, the Cheneweth Foundation donated the land, so that the Barracks could build a private home for their daughter who is an adult with disabilities? Again, please uphold the Laws of National City by denying permits for this project. Ronald bibb 2225 E 4th St National City, Ca 91950 August 26, 2002 Mr. Roger Post City of National City Planning Commission 1243 National City Blvd National City, Ca 91950 Re: Revised Building Permit Application for 2244 E 4th Street, Plan Check #02020002 Mr. Post, The Community is not bias against physically challenged people, what we are against is a, 3842 square foot, 6 bedroom, commercial clinic built in an area zoned for residential homes. In addition, this commercial clinic is 3 times the size of the surrounding homes in the area. Mr Post this proposed structure is not a single family home. Furthermore, not one occupant of this proposed clinic is a National City Resident It is our understanding that the people who will benefit from this project are residents of La Mesa, Lemon Grove, Chula Vista, San Diego, and Bonita Vista. Here is our suggestion to Mr. Cheneweth, why not build two 4 bedrooms hones on the lot at 2244 E 4th Street'? This would increase the number of occupants from 6 to 8. In addition, the homes would blend in with the surrounding homes in the neighborhood and comply with National City Zoning Codes. Both houses would sell as single family homes. Each home should house one or more National City Residents, after all we are contributing to this project through California State taxes, and National City made available affordable properties. We trust the Planning Commission of the City of National City to act in the best interest of the citizens in this city and community, and deny building permits for this proposed project, Mr. Post please help us keep our neighborhood zoned for single family homes. Approving building permits for this proposed project will encourage other commercial businesses to apply for building permits in our neighborhood. Thank You The Community See attached sheet 'gr744-1-c, .4, The Community 2 .5- E eV -di 3.76 41” tr-T2 • el' tit S)941- ) -3 -71 61/:‘,,w1 te ei-7/ eoe - ( /.1 ( “ D c, 7- / a- '" • 6al 5 C't'vl eefe-a.„--k • "v erz„Q pi! .2213 E. .Sr2.61- (c3 Je\ 61- ,to C\etc-L. ito-- pi I, 4f-14 s (916) 4 •ig„, taec ,447.(4Aci.„(fir: 9•/ Yr147.- 1614 1.ta ‘c13* c - -1-#. if) a 1.'•V 1:7. -,5-/ ‘0 Fti rvl, )--30/ E 1r; ';67, Inf\ sT - 6, 3 c. 672 4 70._ 6 s 7 1777 Z A , .) ) / „/....>/b/S17127,K, 7:7 eo` C.:423 fiLr d. 8/ 2-7 • C ,2 / F. ti? / (275 -1..) (- • t ,) L./ . lckte r a. 2 f'9„,„,1 oavav< .y4-� 1,1 `ami Za '4-411"ti484 )1_,I-v-LA-j 6 crliq The Community gg 2/29 AaLo- Q C //7// �. fA '?' o •7 ( 77 Y9/7<1 3-3 e4- / A" `/72. 7/` r(f July 19, 2002 Mr. Roger Post City of National City Planning Commission 1243 National City Blvd National City, Ca 91950 Re: Revised Building Permit Application for 2244 E 4th Street, Plan Check #02020002 NATJ NALCIfl riI4i NO �i� L'.1AR31 r: ':: `!i Mr. Post JUL 232O1)7_ On July 13, 2002, the neighbors from 4th St, and neighborhood watch representatives from South U St, Melrose St, and South Harbison Ave meet with Nick Cheneweth a representative of the Cheneweth Foundation, and Jorge Engel an architect who is contracted by Mr. Cheneweth. They presented us with a revised building plans (a six bedroom structure that measure over 3800 square feet) for the lot at 2244 E 4th St. Mr. Cheneweth informed us that he will present the new and revised plans to the National City Planning Commission for approval. Please take your previous stand on this project and reject it, because the people, who the majority are home owners, and have lived in this neighborhood for decades, unanimously reiected the revised plan. We informed Mr. Cheneweth that our neighborhood is zoned for single family homes not commercial structures, and the business (a group home for the physically handicapped) he wants to build in our community. This structure will initially house 6 people. However, we believe the number of occupants will increase with the increase of private and State donations. Also, We believe other commercial developers may try to extend their businesses' into our community We voiced our concerns to Mr. Cheneweth and Mr. Engel about property devaluation, rezoning, traffic problems, parking, and noise pollution: We are calling on the National City Planning Commission to reject the revised building permit application for 2244 E 4th St, plan check #02020002, and preserve our community for single family homes. Thank You The Community See attached:=sheet S The Community gas e ifth veit„,/, s4,6 ( - i 3 irt f Sl oZ6 7- to 3,7 // J 5 Ct'vt 6%�{' /3- i 3.7-/.3 C 2213 E.' 5T 000114 en `o N/'c...L !%a'6 t . On Sa- PA a. _ ? .3°( E in'�.(37• gjf�4.9 4 �n'l• 1- FZ H 1� a••• ST � Cv - � cp. %.-R ' c)14QQQo 02.3 a3 - /,2/22. 4/S i 1/7 2 - 9995 .J �o-zT7 _� -a i3" If: N 4lib g! .2,67 3 8/.5" 4 C. 47-3/2. /evtte-4., a. ooaq,v- r jZogondo N,44"-riV14444"° cr&I The Community Ar? (A, 2/29 iti#457: "140 Nad-604-10,1",a 7Z/I C 1/7-2/ '4.1170-.7 1.,L4, q7c)_? 77 /43 - I/-/ 4/72 77 re. June 30, 2002 To: The National City Planning Commission Dear Sir or Madam, I am unable to attend the meeting regarding the proposed adult daycare center on 4th Street scheduled on Monday July 1. I have to take a final exam to complete my 'extended studies class at San Diego State.; however,am.,, and the concerned about a few issues. I read end studied the Plans for the ' proposed structure does not resemble a single family dwelling. A majority of the people living on 4 Street are homeowners, so I don't understandnoyitan adult daycare center could help our neighborhood economically. Where will visitors park? And how witl-ambulances access the clinic because 4th Street is Not A DEADEND STREET as depicted in the proposal pictures, as matter of fact, the picture in the proposal is not of 4th Street, and because there is deception in the clinic proposal, I filmed a short Video of our neighborhood. Please do not authorize this proposal unless it co/It:inns toall zoning rules, and regulations. Ronald Bibb 2225 E'V" St National City, Ca 91950 SITE PHOTOS Letter j (619) 267-7054 Voice (619) 267-7014 Fax www.cheneweth-foundation.org Chairman: Nic Cheneweth To the City Manager, City Council of National City Charles I Cheneweth FOUNDATION For Persons 'with Developmental Disabilities Several months ago the Charles Cheneweth Foundation submitted a plan for a new single family home to the National City Building Department. This is for a house which is to become the home for a group of people with severe and profound developmental disabilities. These are people with no means to provide for their own support and as such their options for housing are limited to homes licensed as ICF/DD-N by the state Depart of Health Services. Historically this has meant either large nursing type facilities or homes where they must share their bedroom with one or more roommates not of their own choosing. This is certainly very different from the home life that most of us face and certainly takes away the most common option. Most single people, even when living with a roommate, have their own bedroom. And would any of us accept, without being able to voice an opinion, a total stranger to share our own bedroom with us. Naturally these people have made the best of what has not been a good situation. The Charles Cheneweth Foundation was established to try to find a way to give people with developmental disabilities a chance to have the same opportunities that people without these disabilities take for granted. For the past 3 years, providing recreational opportunities for people who would otherwise be unable to leave their home has been the primary focus of the foundation's efforts. But now the opportunity is before us, through generous contributions of people who want to see change, to build a home that offers those with severe disabilities the chance to live in a normal home, in a normal bedroom, the way you or I can. The home, does not require a variance to either the zoning or building codes. The National City planning commission has followed the advice of the planning department in denying our application. The design guidelines for the city describe "discouraging" homes which they feel are too different from surrounding structures in size or mass. This home is larger than the nearby homes and upon this basis the application was denied. Certainly there is a great deal of discretion between "discourage" and "deny." To try and accommodate the concerns of the planning department we have further reduced the size of the building and dramatically altered it's appearing and orientation on the property. Based upon the planning departments informal discussion about these changes it is our opinion that so long as the house is larger than the neighboring houses, no alterations will prove to be acceptable. We have made every effort to make this home as small as possible. In this case it is the physical requirement of the people who will live in the home which have resulted in the size. It was suggested by the department that we locate in a commercial or institutional zone. This is a home. No one should have to live in a commercial zone just have their own bedroom. It is our request that the City Council discuss this at the August 20 meeting. We hope the Council will consider this beautiful home to be a positive benefit to the community and also a necessary home if people with severe developmental disabilities are to have the chance to live in a residential neighborhood. — If the council agrees and so instructs, it is within the discretion of the planning department to issue a permit. 3 dim To NIC CHENEWETH CHARLES I CHENEWETH FOUNDATION From Jorge Engel AIA Re MODIFICATIONS TO PROPOSED 4th ST RESIDENCE Date JULY 22, 2002 The following changes were made to the proposed residence and presented to the assembled neighbors on Saturday July 13th. ci The footprint of the house was rotated 180° in order to minimize the street side facade, reduce the number of openings facing the street and, along with other changes, reduce the size and mass of the structure. • The house was reduced from 4052 SF to 3840 SF. o The front entry was redesigned to reduce its size and scale O The roof was redesigned to reduce its height from a peak. of 20ft to 17ft. The average height was also reduced by 3.5 ft and the clerestory window was eliminated • The new entry porch has a roofline with only 12ft. height at the peak GI The parking was detached from the building and separated to reduce the overall mass. O The landscaped area in the front yard was increased thus further screening the house o Note: It should be further noted that the proposed residence 'would sit approximately 18ft further back than the adjacent homes which are also set on a higher finished grade. Thus the perception of a huge mass as seen from the street is a misconception. Charles I Cheneweth rounclation 715 V. Avenue National City, CA 91951 City of National City Planning Commission 1243 National City Blvd, National City, CA 91950 Re: Building permit application for 2244 E. 4th Street, Plan Check #02020002 It is my wish to have the Planning Commission consider this permit for approval. The photographs and plans that are part of this appeal, I believe demonstrate the desirability of this home for this address. Reasonableness to surrounding structures: If you will note the attached map of the adjoining buildings and streets you will see that, in some instances within 100ft'(photo 3) of this property, there are many large institutional and residential buildings. There are condominiums, apartment complexes, and hospital structures all within a block and easily seen from the front yard (photo ex. 2 and 4). On the same block, adjoining only a couple lots away, is a high rise medical office complex and parking lot (photo 1). Attractiveness of home: This is a home; A beautiful home. It is in fact the first of its kind. Built and funded by a non profit organization to provide a beautiful living arrangement for people who have serious developmental disabilities. Everything about the home has been designed both to be adaptive to the needs of the people who will live there and also to be as comfortable and beautiful a residence as can be found anywhere. Much of this neighborhood is either in need of improvement or developed into larger multi -unit or institutional uses. There are also still many undeveloped parcels. The addition of this well designed and well maintained home within the area will only serve to increase property values and encourage greater investment. Investment is what is so badly needed in this neighborhood. Modifications to proposed plans: Any of the exterior details of the home may be modified to address concerns that the commission may have. The basic floor plan does not have really much room for change. It has been under development with physicians and experts in the disabilities field for several years to produce an exceptional living arrangement. Nonetheless, the landscaping and exterior finish can all be adapted to any ideas. Hiding the front exit doors, extensive front yard vegetation, materials on roof and siding, height and pitch of the roofline; all of these things may be modified if need be. Ph. (619) 267-7054 Fax (619) 267-7014 www.cheneweth-foundation.org As you review the plans and photographs attached to this appeal please take a moment to thoughtfully consider the long-term needs of this neighborhood and how much this home will further those goals. I think for future residents of this neighborhood, it will be a home they can be proud to have nearby. I am grateful for your respectful consideration, Nic Cheneweth, Chairman Charles I Cheneweth Foundation Ph. (619) 267-7054 Fax (619) 267-7014 www.cheneweth-foundation.org Page 1 of 1 ol Gamma St =€ isuf Ta W 1701 LA Posada St 03 ai C7r ` eC z Darta St iais @3GgLicinity Corp, GOT X =stye \\Ka, Can ar Set wkl St http://www.mapblast.com/gif?&CT=32.6857431:-117.084839:5'000&3C=32.6857431:-117... 5/28/2002 Charles C FOUNDA Photo Exhibit 1 SW facing. Proposed site indicated. Medical offices and parking just 2 lots down. Hospital across street. evveth ION Ckarle5 j CQwetk FOHNDA ON F'hoto Exhibit 2 E facing. Showing hospital across street. Charles I C '!:)7,1ewetk rOUNDA ION Fhoto Exhibit 3 Large skilled nursing facility across street to SW. Charles I C. FOUNDA Photo Exhibit 4 Condo's and apartments next to nursing facility. ewet6 ION Address/Phone V'ert_ I- /e? V (()vt—/-b, (6- g. . , /1_ &A-) hi/ 6. e , _zi?d CV, lesx) • Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for, persons with developmental disabilities at 2244 E. 4' street is the right thing for our community and for our city1 have signed this petition to encourage the City Council of National City to approve this home. Name ; Nt ) 02a/S ezi v\le-riftEC e, Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for persons with developmental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name • ci do -)01 C t 0.1 ltrit7 iw-41279 cv ig4/246 ) xikd 11-e-cz • -1 I' C lit tt' I 1 4--ir.,,Er.i • • . . _; _. iz,.... E..._....›.A,: ( .... I ' „rz (--• t_ ' . 1-54\1/1 Pic ft ACC (A - • i fri'7C- Ai Address/Phone o 110r7.6•Caini xi",- DR Se Cxel Zie/ (tv, (411 Sc-- aUe • . c(44 t9...0 1 C/\ 3 /- (1/11-toil, P flAAA--( ---Sivfr---06)-40 Ca 2-) 3 7 f -12 442( , "1(C&-c-,1oa:' ;2-1/ e/ 'Is - tik-CNY6{4U3- ID-41- ;01 76/ r C(A.444/(A-d 82444A_P CI,,f 9rcz-fir Js, (adle aifk. HTE, /744.-Ant7-ij r cc (141 41 fl 77,4 C / OA- 1•I 1\ilt ' An • 1- ntoonAc c,11-4 c`A . •‘ -S Cr:11 '-(-1)// cif (2-=‘ 67f r V)-(;5tt2Lk& CA"— 34112 c cp-ii 36 3:72 _c,> 7C) r' LS /I) C1 4- • 4,?,(n L c_ 3_3 Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a single-family residence for persons with developmental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to encourage the City Counsel of National City to approve this home. Name Kftt I a ay-Pc..0 414-e.--Pc Address/Phone wk' 715 V itie. NAricetvAre.._ cinl, cA telso Aviv F-117 .7*5"/ 0 *4945 isJiA6,4P-A 4* ER. SAN D,ec,O.CA ci2IO7%Vas t. Vs V Reit- • Ala -t" igen .44 c...ney, CA I ire (lilt .347- 7k04- Hen / 34 73 1,1,40 SC_CNIC DR' brt .44 A or Witif a"th 77Z— MO Z Co, dot 41-5 2 ?"---1 C.0-0.41,c) CAC,T AS V 0 it-120 nett. C' t y tSC) ( °Ot't J iz N1 41 fg} 43'e 7110-1_, 4 9 /9.5-6 ck-e-lvid S i\ 1-:_te-47 T7-L•k•3() - Xix4 Ve evC)t) I- ha; Lk j--:\ 1.6% (19)1G17—f5 )picri s-} /J Ce eilets( • (tie, r e.2 7 --2tC75 \IV\ C CA -€liqc(:).- Li 7 c- go 9, alati°07set.-..e eft- c-it t. eq) f - 4.26 c z/ a, C-r:11 Nat rie) 2, c L. 1)g (.-'11 i:1)/(2_ ,7? *1 Address/Phone EE4 ! t O+{ r QQ} cfl 23e o E sT. 1-Postrct 0/7/7° 6 9/9-.so RR24 j i Ax) 1- of QR,v .e.A y� 94C-9/v7-7 i‘'. /�'' % i (-_; 0 Cat, . 9d eeij - s i iv 147'r . L C/"71J 9/ S 6'a / l fJ 4/-• �✓ 5 % r�� i� e %�' /e ? ( u t,� u, J� c)V/ L, / / Rey ?ulm vR4ttt0Acti Cl� �lq .:044 caciGcti tot -(k. Or '# q Coin c 3 , Ci; • 774/ 4 i.�R, /,9.J /. (a` G/'. Z41- . 9,97/- e7 , r � rZi C�; . e�� S'Z Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for persons with developmental disabilities at 2244 E. 4th street isthe right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name GYri et-- :) �JL 1-Eir'1t /%: c10 C.. 4 Mile/ 'AAA S rx •i iL�� ci- tea -.. _ Y � iE-i//7 1 /; A l : (V/ a \FI< z. .1()A14- 607ce •/£'2 r-ezi j QA t.. , kxxc&7 • ( µ'� c t tL et t( L vI-1-, • /// / � ��s refhpt'�I f�- /C) ' `ive Ai-) r3;iv, )4 L c; ± y t D`) F Ph- T ik 1tl 54 4f3 1' � 35 Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for persons with developniental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to' encourage the City Council of National City to approve this home. Name r,?:117 Vk vUe,v- e IAD se'Cte.tveti o& 40•19,0 jei tri.t.krsi PriawiNit elic Morino, • -q•o1S-Vact ct,A)sq 6erro\e---, DLO2 Address/Phone 04 tio rtri. 5-ia, (ID - i G 1.9) 5,J7 -fTf 071 c 11).e2 fc-oq E, $s7',1 5 >Is( ty rteci-tertai c_tkr 9r q 5 ( eat ? 2 i 5 Sot F)eit.bis.acq ma-ionA I &Ai ca -44(60(2 (42; 1840 W4d/1/4 if OH RPM frt, CfttvA V“ roc ouctti (gg!) 44,4 QA•1314 c:$ 31 AiWri calCt 1-1 , Inca ( 62.1.) .2134-44V- 2 22 Dee? co Act) 0113j,cepo, coi 9.2 10 e4 aC :I. Cf 7(7-. 4,4) 3 olo 1/443740 (L.wJoTlEtrPA r24 ue, )_CA-gt,s844-) gala 4 LC- • MEADtgA18 •CAN DIEr6.0 4214 / 7 ic, 2 0 It 9 (..—& 13 i-3- 4p-i 'if Akiih- i It I CaZ 4 /2),yft --fitic Oa . 911.0 111-6, Olairoa la- c P CA. ' WW1 Or/ e - de. awc-7674; 6pe 1/ .z4.- 6,-/-"' /46, .6/ dv /(44,,,T / e:,:41, 7 <<:1-47-sT - 6 so . ,c,i,-1-1, A . 1 .c,v.<1----3..t.c.rso ,cA ,01,241 (16...6tn 1.2614/1 via, Boil:24.-- 3q1 tt jc-3-1-_ ..:J,0 grc,6. hlf ,283-e3 22 D409 14T4ES C34S- ?6Tbikktv(} - 14-g CM Digt ce q2i Vi. (: Ce' 1,1•,' / A 1,0 i::: i: 1.,,c_; ' t" .,;".2 :1.(Ss 1,,' . 4 , .. ' OkA4 Q." el--i,r a,_. 0 evi g Lit ci. 4-6 ciesk 5 0-.,-..._ j.)le) -e-14 ei 2-1 2__< ft J 6 Petition to City Council of National City to permit a home for people with disabilities to be built; at 2244E 46 St. I live, work, or own a business in National City and I agree that providing a home for persons with developmental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name Address/Phone V ! 7 - / is j H S i /).4 F• C t r/ ` I� _ cf r 7 //7f6 11n"I, _ -Cdg peg Cot- _ / /78i' Nti (A, - '1a.. t IC, 6 41, 761 A4 ave M/eii%4yz&';-{,, g 4714.. Q. r tf ijs;/ -j`- recr` r lsc=. Vt7/fc,J S` lyno kaie efi 7/97' Petition to City Council of National. City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a single family residence for persons with developmental disabilities at 2244 E. 4`h street is the right thing for our community and for our city. I have signed this petition to encourage the City Counsel of National City to approve this home. Name Address/Phone 17-035— i?1,1atzetia2ePinef, t9134 . R. 6,1„sa„ 27 34 6 , gel. -44 aft _ ea. 9.445-e etptk.4 9115e7 S' r ate C.4 Ef--d- rholoric4<ett----67,40 Z;1,3.0 ticA"' ‘_Prz, vr.,eict.,AwAc: 7:1/ e.,4-\c si 6-0.7 2 /-Ilif— ,Pi I it /1e) 5'.,...,,g-e.---44...iVafttlezil-,,, ,gt / YV C)cS) Adsodit,14"-- .-i2.-=-C--. /), t ea-, ?il e/$- /2,(2. ry, q / //fmkbv.efiR70..Stf .6 O• rre-1 7742 C/3'• .7., MriO- hy Ai (lira it, -/-'.47/ vuhr 301, e-(._ C 4;4=2/alyi el/0 ifl ArifFeld OLixe,,-1----gibuk. achecid e-o 4./55-ekop-,,t. 1.4ra6 416-v L P. trY1 cor,e.. 10 se t st ri fp e_aiick 610ef 4103 aeti.i. bi ceoc, (.14 cnt3 i 3 r Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 46 St. I live, work, or own a business in National City and I agree that providing a horne for persons with developmental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name ,7 „, 4 ". 'cO4K1‘. I\ Iva-C.; _ . ( -"'"N CAt 6(Q. ct ‘1 7-teAttiu ,Z-- ISTROf" I c57-vi t,,,...c.,v X_ A/Aiftil VARit 60(1&70k 1- 1-?6,-)-,-1._ R 6 ci c\ e.r Ra I) h q ..{') (1114-41-,' () c--kA__:-24.,.) T 1• ;,_ It.,,A,..4 SI-,,,--11-4....-N, :.. II". A • Ac, Cif -CA • • • atelinA c :-e ,••• Address/Phone I 64. 3 Ati-b-r-Cke e_D-,,.0-e--Aldttui 9 6 <:;1 '7es-‘t erq 71 9 (fl 350 Vi(7),/K SQM O19--)t ett -t/ (OA / 'I re d to end dr . \(34 hfcM .e 'Plelfaxet Cif q-2/3q tri '23( Afs bifrsu 911 7.2-6 (eWb3 POIDA/OCC/ 41eP SAAJOiECtO 73I3y&I74Y.IS1 1 4041Yc c Lik) g.-0 CA ivnk. rf-lp St: Nat-ic) Cit-y, tr.*: 9 yr:JD (306-1 f:c 040 kwt4 D C/A • 9.1 o'c p 0—f (-)19-1 ^, 1 i\t-tt viktAtA V4 NI\ CAN - 11 9 '5 0 u riftteL c-i1V-`-‘4«iqicta 3'07 c4/6 1,f-t, Air ineiCti 2/4 , le55.t(A. iaie: 4,2-iv F- ,..a...01,14-4., 6- .,pz- t/t324 cor,L. C.1 i 61 ;711 V -A- , - , , .` ..; - -I-7— , R ..f?At , ,-- 7 /11,,,A-,1-1 er.rA I CAI !--,,L, .t t 1"1"- ,-,A. ti r-)e- ItO A D-C20 t3Ci,jLtJtPI D12'''' S.0 21 (1 4 612_iii#, .41 Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a -business in National City. and I agree that providing a home for persons with developmental disabilities at 2244 E. 4`h street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name 61.ye P't?..)s 4 r _ �L .iCli."l✓ 1 Address/Phone PL` - 6(9-sor-s 79 ZZ S Guf:~ Cva Z T qua f%a . %2((*7 c-4/19/ 5, V/V- z2i?=arc) `,-19/.j 12.7L1( Lowe,l ,s ,j ki6 cN . 24 z/ (9,-%J cAIe94-c JVC 176 ,- - 9, I? 2 Roost -rot Ave Ile MR' drrn atta-n44-vt DA164e c,• % . qa 37 570 -iWT ->7 () �� }h C� 5-1 Te Z. 14/ra b- /2 )1°/1/22k,u/ Cr? Ca. Vim ,P l';,1- 2 Sim' ' /Sc i •tcwq' I d:`iFe - •7 15- 141(f:f;Rec l if y -- , _OE o C `7` A ei>/ 7 '!C-= '�P'".v� .°YG s''i , 1.7 �'. �{Lc' rr -•v. ` %jr- t �. 9�r�-6 -61 44eL i ivf, p, A-RSFi, 1rid �r i iA ti ,dues A44 . J ccc /mz - c� r So\r.n .et : «S Win:- r�ti v c�'t—�._�= l J Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for persons with developmental disabilities at 2244 E. 4`h street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name Address/Phone PT q2t 7 // [j /., s.,r), / —y. s 7 S / r �� ,t-o'( 1--1 0 IV Ma1 `, /4 DI v ri q f 7,11, LA- p l - S PANG. Vku zi,,a- - q i g 3-3-- (13 E _ 'Si -P C14_pJQtI o yie.x L c. • 9/y f '20 ] L ct-/,--e %? .,'S ,C)Gtke, ntt% � / ( 3 c'f f`!,/7) Lt Tr-g-g•i 1,47,E l-t Afroarz -ty q/%JZ 5D-) t L rcv-66(.4,D Zit - `x—r-a,c . e,.9, :-.\\A ` i- ggr3 Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a home for persons with developmental disabilities at 2244 E. 4th street is the right thing for our community and for our city. I have signed this petition to encourage the City Council of National City to approve this home. Name Address/Phone 77<er*, '1839 PJ2z-cetctoro Aoe 7 CA • 92 lc 7 /0.226, q..57 CL 14(1 Sh net 1,1)ait,.-- 4.3zio Tolteb jr • C CA 11 Wig) 4 2-2--31 q I (3Ww kR.0 E' LAWMINICe AtmtA464;teit,i, 1 ktoSOkalitut CA qkg OcI(UP.Otno ,K723 rEMED(F.am.Amirr atikAMit- 4wilt% blvtacti 0,06-4,m‘hi _Doit/4 044 [44.), 4, _co CA 9.2.114 643474-4407 P. Betook hoe, Oilivmmt tosiCPr (L) 1tk49-ot 2./ e. Sr , Al hIn toil, toy cll.- 61) (#1,r-1/317 5,?,e7 E.-31r te' C_ A z 4 AL./O. 4-7 a77 eir-7 cok (419) Petition to City Council of National City to permit a home for people with disabilities to be built at 2244 E 4th St. I live, work, or own a business in National City and I agree that providing a single family residence for persons with developmental disabilities at 2244 E. 4t'' street is the right thing for our community and for our city. I have signed this petition to encourage the City Counsel of National City to approve this home. Name Address/Phone 2/7g- 3.'.)/ -0.151.33.11 THE FOLLOWING LETTER WAS SUBMITTED AFTER PREPARATION OF COUNCIL REPORT. City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 9 950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Public Hearing: Appeal of Planning Commission Action regarding 2244 E. 4th Street Date: November 14 2002 The attached written comments were received in our office on November 14, 2002. MRD/mla e Recycled Paper Michael R. Dalla, CMC City Clerk of National City 1243 National City Blvd National City, CA 91950-4397 And distribution to: City Council of National. City Re: Appeal of planning commission action on new construction at 2244 E. 4th Street RECEIVED CITY CLERK Nov14 A ,2 3 CITY OF NATIONAL CITY Please consider the following two points withregard to this "appeal" 1. Reasonableness of the Planning Commissions action. The planning commission was certainly acting with reasonableness and careful consideration. The only land use ordinance under consideration is the "discouragement" of significantlydissimilar buildings. Note that the guidelines describingthis, focus on the. roof lines and obvious visual differences and do not state that permits must be denied on the basis of such differences. Architectural style and building materials have been selected to blend in with the neighborhood. This home could be considered different only in overall square footage. The roof height will actually be lower than the home next to it and is of similar design to the neighboring homes. The portion of the building closest to the street has been reduced to only 40ft. The planning Commission considered these things and felt that it was appropriate. This will be beautiful home and a substantial investment in and improvement for the neighborhood. Numerous studies have shown that there are no detrimental effects to property values, even from homes immediately adjacent (See Lauber, Zoning for Group Homes... Under the Fair Housing Act, (Winter 1996) 29 J. Marshall L. Rev. 369, 384-385) 2. Legal Issues First, California Health and Safety Code Section 1267.8 requires that an intermediate care facility for the developmentally disabled — Nursing, which is what this home will be, must be considered by the city as a single family residence and the people living there, including the operators and assistants to the people must all be considered as related family members. (see attached) The city must view this home project as a request by a family of 6 to build a single family residence that will be owner -occupied. Second, The California Fair Employment and Housing act ("FEHA") imposes an affirmative duty on local governments to make reasonable accommodations when such are necessary to afford disabled persons "an equal opportunity to use and enjoy a dwelling." (42 USC 3604(f)(3)(B) and Ca. Gov. Code 12927.) Under these laws an accommodation is deemed reasonable so long asit does not impose "undue financial and administrative burdens" on the municipality or require a "fundamental alteration in the nature" of its zoning scheme. (see attached letter from Atty. General) Therefore, since each of the six members of this family have severe and profound disabilities which require special adaptive equipment and other modifications to the house to allow for it to be used and enjoyed, this results in a square footage requirement of 3,800 sq/ft. The necessary modifications do not require changes in either building codes or zoning requirements and have raised issue only with the design guidelines Reasonable accommodation does not result in any financial or administrative burden to the city nor are changes to the zoning rules necessary. There is substantial prior legislative and court precedent to support the position that burden rests with the city to demonstrate why this "family" may not be afforded such reasonable accommodation. The specific request for reasonable accommodation was made to the planning department however the city attorney verbally indicated that the city would not consider the application of the FEHA rules and would not formally re*ond in any way. It is the hope of the foundation that given the appropriateness of the building, the benefit to the community, and the legal necessity of reasonable accommodation the City Council will not chose to overturn the decision of the planning commission. Nic Cheneweth Chairman of the Charles I Cheneweth Foundation for Persons with Developmental Disabilities. WAIS Document Retrieval Sle_k_Cr14 <1267.8. (a) An intermediate care facility/developmentally disabled habilitative or an intermediate cate facility/developmentally disabled --nursing or a congregate living health facility shall meet the same fire safety standards adopted by the State Fire Marshal pursuant to Sections 13113, 13113.5, 13143, and 13143.6 that.apply to community care facilities,, as defined in Section 1502, of similar size and with residents of similar age and ambulatory status. No other state or local regulations relating to fire safety shall apply to these facilities and the requirements specified in this section shall be uniformly enforced by state and local fire authorities.. (b) An intermediate care facility/developmentally disabled habilitative or an, intermediate care.facility/developmentally disabled --nursing or a congregate living health facility shall the same seismic safety requirements applied to community care facilities of similar size with residents of similar age and :' ambulatory status. No additional requirements relating to seismic safety shall apply to such facilities. (c) Whether or not unrelated persons are living together, an intermediate care facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disabled --nursing which serves six or fewer persons or a congregate' living health facility shall be considered a residential use of property for the. purposes of this article. In addition, the residents and operators of the facility shall be considered a family for the purposes of any law or zoning ordinance which is related to the residential use of property pursuant to this r' article. For the purposes of all local ordinances, an intermediate care facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disabled --nursing which serves six or fewer persons or a congregate living health facility shall____ be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or the mentally infirm, foster care home, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the intermediate care facility/developmentally disabled habilitative, or intermediate care facility/developmentally disabled --nursing or a congregate living health facility is a business un for profit or differs in an other way from a single-family residence. This section does not forbid any city, county, or other local public entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of an intermediate care Qt11�n«'t �d facility/developmentally disabled habilitative which serves six or fewerpersons or an intermediate care facility/developmentally disabled --nursing which serves six or fewer persons or a congregate living health facility as long as such restrictions are identical to those applied to other single-family residences. - This section does not torbid the applicafion to an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled --nursing or a congregate living health facility of any local ordinance which deals with health and safety, building standards, -environmental impact o4 t7L�SCt{ti standards, or any other matter within the jurisdiction of a local public entity, as long as that ordinance does not distinguish intermediate care facility/developmentally disabled hahilitative which serves six or fewer persons or an intermediate care 47`A cs meet facility/developmenta lly disabled --nursing or a congregate living health facility from other single-family dwellings and that the. ordinance does not distinguish residents of_.the intermediate care S t SS aw- Page 1 of 2 Co,\:V- Cetetca to o. c• - V1vk. t• ti eiaaatc 5r4 httn•/hIrxx,cx, 1a ainfn ra anv/ro;_hinlava; ccratP7WATQA nrTTI_(11 7r1d7R 11 d4.(li.(1 f1R,.W AT.Qa 11/11/?(ft) WAIS Document Retrieval Page 2 of 2 } facility/developmentally disabled habilitative or intermediate care facility/developmentally disabled --nursing which serves six or fewer persons or a congregate living health facility from persons who reside in other single-family dwellings. No conditional use permit, zoning variance, or other zoning clearance shall be required of an intermediate are facility/developmentally disabled habilitative which serves six or fewer persons or an intermediate care facility/developmentally disabled --nursing which serves six or fewer persons or a congregate living health facility which is not required of a single-family residence in the same zone. Use of a single-family dwelling for purposes of an intermediate care facility/developmentally disabled habilitative serving six or fewer persons or an intermediatecare facility/developmentally disabled --nursing which serves six or fewerpersons or a congregate living health facility shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17.910) of Division 13 or local bui ding codes. However, nothing in this section supersedes.. Section to the extent these provisions are applicable to nEe mediate care facility/developmentally disabled habilitative providing care for six or fewer residents or an intermediate care facility/developmentally disabled --nursing serving six or fewer persons or a congregate living health facility. hrt..•.s,arinninfrsra Rin:,/rn2t_lkirifi:,oicnatP9WATCA- rF\—(flA7(Td')R11d-t-11t(1J-[1RzWATCa 11/11/7f ft) WAIS Document Retrieval Page 1 of 2 13143. (a) Exceptas provided in Section 18930, the State Fire Marshal, with the advice of the State Board of Fire Services, shall prepare, adopt, and submit building standards, for approvalpursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 and shall prepare and adopt other regulations establishing minimum requirements for the prevention of -fire and'for'the protection of life and property against fire and panic in any building or structure used or intended for use asan asylum, jail; mental hospital, hospital, home for theelderly, children's nursery, children's home or institution not otherwise excluded - from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy where 50 or more persons. may gather together in a building, room, 'or. structure for the purpose -of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education. The State Fire Marshal shall adopt and submit building standards for approval. pursuant to Chapter 4 '(commencing with Section 18935) of Part-2.5 of Division 13 for the purposes described in this section. Regulations adopted pursuant to this subdivision and building standards relating to fire and panic safety published in the California Building Standards Code shall establish minimum, requirements relating to the means of egress and the adequacy of exits from, the installation and maintenance of fire extinguishing and ,fire alarm systems in, the storage and handling of combustible or explosive materials or substances, and the installation and maintenance of appliances, equipment, decorations, security bars, grills, grates, and furnishings that present a fire, explosion or panic hazard, and the minimum requirements shall be predicated on the height and fire -resistive qualities of the building or structure and the type of occupancy for which it is to be used. The building standards and other regulations shall apply to auxiliary or accessory buildings used or intended for use with any of the occupancies mentioned in this subdivision. Violation of any building standard or other regulation shall be a violation of the provisions of this chapter. In preparing and adopting building standards for approval pursuant - to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13, and in preparing and adopting other regulations affecting public schools, the State Fire Marshal shall also secure the advice of the State Department of Education. No regulation adopted by the State Fire Marshal shall conflict with any rule, regulation, or building standard lawfully adopted or enforced by the Department of General Services pursuant to Article-3 (commencing with Section 39140) of Chapter 2 of Part 23 or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of the Education Code. In addition to any other requirements for location of exit signs or devices in any building or structure used or intended for use as an asylum, jail, mental hospital, hospital, home for the elderly, children's nursery, children's home or institution not otherwise excluded from the coverage of this subdivision, school, or any similar occupancy of any capacity, and in any assembly occupancy where 50 or more persons may gather together in a building, room, or structure for the purpose of amusement, entertainment, instruction, deliberation, worship, drinking or dining, awaiting transportation, or education, the State Fire Marshal shall adopt building standards pursuant to this section establishing minimum requirements for the placement of distinctive devices, signs, or other means that identify exits and can be felt or seen near the floor. Exit sign technologies permitted by the model building -code upon which the California Building Standards Code is based, shall be permitted. These building standards shall be adopted before July 1, 1998, and httr•//xxnxnx,1Painfn ra onv/ro;-hin/waicvatP.SWATSrinrTT)-n1snR52?95a-(1+[l+(1RrWATCae 11/1.112002 WAIS Document Retrieval Page 2 of 2 ,7 shall apply to all newly constructed buildings or structures subject to this subdivision for which a building permit is issued, (or construction commenced, where no building permit is issued) on or after January 1, 1989. (b) Notwithstanding the provisions of subdivision (a) and Section 13143.6, facilities licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 which provide nonmedical board, room, and care for six or fewer ambulatory children placed with the licensee for care or foster family homes and family day care homes for children, licensed pursuant to Chapter 3.6 (commencing with Section 1597.50) of Division 2, with a capacity of six or fewer and providing care and supervision for ambulatory children or children two years of age or younger, or both, shall not be subject to the provisions of Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of, this chapter or regulations adopted pursuant thereto. No city, county, or public district shall adopt or enforce any requirement for the prevention of fire or for the protection of life and; property against fire and panic with respect to structures used as Facilities specified`in this subdivision, unless the requirement would be applicable to a structure regardless of the special occupancy. Nothing inthis subdivision shall restrict the application of state or local housing standards to those facilities, if the standards are applicable to residential occupancies and are not ase upon't a use o e s ruc ure as a facility -specified in this subdivision. u a ory children," as used in this subdivision, does not include nonambulatory persons, as defined in Section 13131, and relatives of the licensee or the licensee's spouse. (c) The State Fire Marshal shall adopt building standards establishing regulations providing that all school classrooms constructed after January 1, 1990, not equipped with automatic sprinkler systems, which have metal grills or bars on all their windows and.do not have at least ,two exit doors within three feet of each end of the classroom opening to the exterior of the building or to a common hallway used for evacuation purposes, shall have an inside release for the grills orrbars on at least one window farthest from the exit doors. The window:or windows with the inside release shall be clearly markedras an emergency exit, in accordance with regulations adopted by the, StateFire Marshal. httn•//www 1aainfn on anv/cai-hin/waicaatp7WATSrinrTT)=WAR(1R5TY)Sa-( 4.fl4.1R,WATRac 11 /11 /2002 • OFFICE STATE OF CALIFORNIA OF THE ATTORNEY GENERAL BILL. LOCKYER AT'oR NLV GFNE'RA!_ May 15, 2001 The Honorable William Ted Hartz Mayor of Adelanto P.O. Box 10 Adelanto, CA 92301 Ceryj f ffti - s t"A t'lotA Le - A A 461 ell l�il ,d t✓,A .c RE: Adoption of A Reasonable Accommodation Procedure Dear Mayor Hartz: Both the federal Fair Housing Act ("FHA") and the California Fair Employment and Housing Act ("FEHA") impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations and practices when such accommodations "may be necessary to afford" disabled persons "an equal opportunity to use and enjoy a dwelling." (42 U.S.C. § 3604(f)(3)(B); see also Gov. Code, §§ 12927(c)(1),.12955(1).)Although this mandate has been in existence for some years now, it is our understanding that only two or three local jurisdictions in California provide a process specifically designed for people with disabilities and other eligible persons to utilize in making such requests. In my capacity as Attorney General of the State of Califomia, I share responsibility for the enforcement of the FEHA's reasonable accommodations requirement with the Department of Fair Employment and Housing. Accordingly, I am writing to encourage your jurisdiction to adopt a procedure for handling such requests and to make its availability known within your community. 2 Title II of the Americans with Disabilities Act (42 U.S.C. § § 12131-65) and section 504 of the Rehabilitation Act (29 U.S.C. § 794) have also been found to apply to zoning ordinances and to require local jurisdictions to make reasonable accommodations in their requirements in certain circumstances. (See Bay Area Addiction Research v. City of Antioch (9th Cir. 1999) 179 F.3d 725; see also 28 C.F.R. § 35.130(b)(7) (1997).) A similar appeal has been issued by the agencies responsible for enforcement of the FHA. (See Joint Statement of the Department of Justice and the Department of Housing and Urban Development, Group Homes, Local Land Use and the Fair Housing Act (Aug. 18, 1999), p. 4, at<http://www.bazelon.org/cofha/cpfha.html> [as of February 27, 2001].) _- 1300 I STREET • SUITE 1740 • SACRAMENTO, CALIFORNIA • '95814 - 916-324-5437 C The Honorable William Hartz May 15, 2001 Page 2 It is becoming increasingly important that a process be made available for handling such requests that operates promptly and efficiently. A report issued in 1999 by the California Independent Living Council makes it abundantly clear that the need for accessible and affordable housing for Californians with disabilities will increase significantly over the course of the present decade.' The report's major fmdings include the following: • Between 1999 and 2010, the number of Californians with some form of physical or psychological disability is expected to increase by at least 19 percent, from approximately 6.6 million to 7.8 million, and may rise as high as 11.2 million. The number with severe disabilities is expected to increase at approximately the same rate, from 3 1 million to 3.7 million, and may reach 6.3 million.' Further, most of this increase will likely be concentrated in California's nine largestcounties.s • If the percentages of this population who live in community settings —that is, in private homes or apartments (roughly 66.4 percent) and group homes (approximately 10.8 percent) —is to, be maintained, there will have to be a substantial expansion in the stock of suitable housing in the next decade. The projected growth of this population translates into a need to accommodate an additional 800,000 to 3.1 million people with disabilities in affordable and accessible private residences or apartments and an additional 100,000 to 500,000 in group homes. I recognize that many jurisdictions currently handle requests by people with disabilities for relief from the strict terms of their zoning ordinances pursuant to existing variance or conditional use permit procedures. I also recognize that several courts called upon to address the matter have concluded that requiring people with disabilities to utilize existing, non - 'See Tootelian & Gaedeke, The Impact of Housing Availability, Accessibility, and Affordability On People With Disabilities (April 1999) at <httpa/www.calsilc:org/housing.htm1> [as of February 27, 2001]. 'The lower projections are based on the assumption that the percentage of California residents with disabilities will remain constant over time, at approximately 19 percent (i.e., one in every five) overall, with about 9.2 percent having severe disabilities. The higher figures, reflecting adjustments for the aging of the state's population and the higher proportion of the elderly who are disabled, assume that these percentages will increase to around 28 percent (ie., one in every four) overall, with 16 percent having severe disabilities. (Ibid.) 'These are: Alameda, Contra Costa, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, and Santa Clara. (Ibid.) The Honorable William Hartz May 15, 2001 Page 3 discriminatory procedures such as these is not of itself a violation of: the FHA.' Several' considerations counsel against; exclusive reliance onthese alternative procedures. however. Chief among these is the increased risk of wrongfully denyinga disabled applicant's request for relief and incurring the consequent liability for monetary damages, penalties. attorneys' fees, and costs which violations of the state and federal fair housing laws often entail.' This risk exists because the criteria for determining whether to grant a variance -or conditional use permit typicallydiffer from those which govern the determination whether a: requested accommodation, is reasonable within the meaningof the fair housing laws.' Thus, municipalities relying upon these: alternative pros eduresil ave found themselves in the position of having refused to approve aproject .as a result of considerations which, while sufficient to justify the refusal under the criteria applicable to grant of a variance or conditional use permit, were insufficient to justify the denial when judged in light of the fair housing_ laws' reasonable accommodations mandate. (See, e.g., Hovson's Inc. v. Township of Brick (3rd Cir. 1996) 89 F.3d 1096 (township found to have violated the FHA's reasonable accommodation mandate in refusing to grant a conditional usepermit to allow construction of a nursing home in a "Rural Residential —Adult Community Zone" despite the fact that the denial was sustained by the state courts under applicable zoning criteria); Trovato v. City of Manchester, N.H. (D:N.H. 1997) 992 F.Supp. 493 (city which denied disabled applicants permission to build a paved parking space in front of their home because of their failure to meet state law requirements for a variance found to have violated the FHA's reasonable acconunodation mandate). 'See, U.S. v. Village of Palatine, Ill. (7th Cir. 1994) 37 F.3d 1230, 1234; Oxford House, Inc. v. City of Virginia Beach (E.D.Va. 1993) 825 F.Supp. 1251, 1262; see generally Annot. (1998) 148 A.L.R. Fed. 1, 115-121, and later cases (2000 pocket supp.) p. 4.) 'See 42 U.S.C. § 3604(f)(3)(B); Gov. Code, §§ 12987(a), 12989.3(f). 'Finder the FHA, an accommodation is deemed "reasonable" so long as it does not L1 impose "undue financial and administrative burdens" on the municipality or require a "fundamental alteration in the nature" of its zoning scheme. (See, e.g., City of Edmonds v Washington State Bldg. Code Council (9th Cir. 1994) 18 F.3d 802, 806; Turning Point. Inc. v. City of Caldwell (9th Cir. 1996) 74 F.3d 941; Hovsons, Inc. v. Township of Brick (3rd Cir. 1996) 89 F.3d 1096, 1104; Smith & Lee Associates, Inc. v. City of Taylor, Michigan (6th Cir. 1996) 102 F.3d 781, 795; Erdman v. City of Fort Atkinson (7th Cir. 1996) 84 F.3d 960; Shapiro v: Cadman Towers, Inc. (2d Cir. 1995) 51 F.3d 328, 334; see also Gov. Code, § 12955.6 [explicitly declaring that the FEHA's housing discrimination provisions shall be construed to afford people with disabilities, among others, no lesser rights or remedies than the FHA].) 1 N3 The Honorable William Hartz May 15, 2001 Page 4 Further, and perhaps even more importantly, it may well be that reliance on these alternative procedures, with their different governing criteria, serves at least in some circumstances to encourage community opposition to projects involving desperately needed housing for the disabled. As you are well aware, opposition to such housing is often grounded on stereotypical assumptions about people with disabilities and apparently equally unfounded concerns about the impact of such homes on surrounding property values' Moreover„ once triggered, it is difficult to quell. Yet this is the very type of opposition that, for example, the typical conditional use permit procedure, with its general health, safety, and welfare standard, would seem rather predictably toinvite, whereas a procedure conducted pursuant to the more focused criteria applicable to the reasonable accommodation determination would not. For these reasons, I urge your jurisdiction to amend your zoning ordinances to include a procedure for handling requests for reasonable accommodation made pursuant to the fair housing laws. This task is not a burdensome one. Examples of reasonable accommodation ordinances are easily attainable from jurisdictions which have already taken this step10 and from various nonprofit groups which provide services to people with disabilities, among others." It is, however, an important one. By taking this one, relatively simple step, you can help to ensure the inclusion in our communities of thoseatnong us who are disabled. Sincerely, BILL LOCKYER Attorney General Numerous studies support the conclusion that such concerns about property values are misplaced. (See Lauber, A Real LULU.; Zoning for Group Homes and Halfway Houses Under The Fair Housing Amendments Act of 1988 (Winter 1996) 29 J. Marshall L. Rev. 369, 384-385 & fn. 50 (reporting that there are more than fifty such studies, all of which found no effect on property values, even for the homes immediately adjacent).) A compendium of these studies, many of which also document the lack of any foundation for other commonly expressed fears about housing for people with disabilities, is available. (See Council of Planning Librarians, There Goes the Neighborhood ... A Summary of Studies Addressing the Most Often Expressed Fears about the Effects Of Group Homes on Neighborhoods in which They Are Placed (Bibliography No. 259) (Apr. 1990).) 10 Within California, these include the cities of Long Beach and San Jose. Mental Health Advocacy Services, Inc., of Los Angeles for example, maintains a collection of reasonable accommodations ordinances, copies of which are available upon request. WAIS Document Retrieval -Page 1 of 2 12927. As used in this part in connection with housing accommodations, unless a different meaning clearly appears from the context: (a) "Affirmative actions" means any activity for the purpose of eliminating discrimination in housing accommodations because of race, color, religion, sex, marital status, national origin, ancestry, familial status, or disability. (b) "Conciliation council" means a nonprofit: organization, or a city or county human relations commission,_ which provides education, factfinding, and mediation or conciliation services in resolution of complaints of housing discrimination. (c) (1) "Discrimination . includes refusal to sell, rent, or lease housing accommodations;'includes:refusal to negotiate for the, sale, rental, or lease of housing accommodations; includes representation that a housing accommodation is not available for inspection, sale,, or rental when that housing accommodation is in fact so available; includes any other denial or withholding of housing accommodations; includes provision of inferior terms, conditions,' privileges, facilities, or services in connection with those housing accommodations; includes harassment in,connection with those housing accommodations; includes the cancellation or termination of a sale or rental" agreement; includes the provision of segregated or separated - housing accommodations; includes the refusal to permit, at the expense of the -disabled person, reasonable modifications of existing premises occupied or to be occupied by the disabled person, if the modifications may be necessary to afford the disabled person full enjoyment of the premises,;except that, in the case of a rental, the an reasonable to do so condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification (other than for reasonable wear and tear), and includes refusal to make reasonable accommodations in rules, policies, practices, or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. (2) "Discrimination" does not include either of the following: (A) Refusal to rent or lease a portion of an owner -occupied single-family house to a person as a roomer or boarder living within the household, provided that no more than one roomer or boarder is to live within the household, and the owner complies with subdivision (c) of Section 12955, which prohibits discriminatory notices, statements, and advertisements. (B) Where the sharing of living areas in a single dwelling unit is involved, the use of words stating or tending to imply that the housing being. advertised is available only to persons of one sex, d) °Housing accommodation" means any building, structure, or,, ,ortion thereof that is occupied as, or intended for occupancy as a residence.by one or more families and any vacant land that is offered` for sale or lease for the construction thereon of any building, structure, or portion thereof intended to be so occupied. (e) "Owner" includes the lessee, sublessee, assignee, managing agent, real estate broker or salesperson,' or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, and includes the state and any of its political subdivisions and any agency thereof'. (f) "Person" includes all individuals and entities that are described inspection 3602(d) of Title 42 of the United States Code, and in the definition of "owner" in subdivision (e) of this section, and all institutional third parties, including the Federal Home Loan Mortgage Corporation. i,..: 1.:. iA TQA TTI_(1111TT7GCGA 1 , n . 11A.117 A TO.,,. 11 11 7ln(Y) WAIS Document Retrieval Page 2 of 2 (g) "Aggrieved person" includes any person who claims to have been injured by a discriminatory housing practice or believes that the person will be injured by a discriminatory housing practice that is about to occur. (h) "Real estate -related transactions" include any of the following: (1) The making or purchasing of loans or providing other financial assistance that is for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling, or that is secured by residential real estate. (2) The selling, brokering, or appraising of residential real property. (3) The use of territorial underwriting requirements, for the purpose of requiring a borrower in a specific geographic area to obtain earthquake insurance, required by an institutional third party on a loan secured by residential real property. L.Fs... // 1,,.':..F..,........,/....: 1..,k...:n..nt 9IITATCt1....Tll-112o')i7<GFAi1ini/1Rr1JATCon 1 Y1 1 non'? City of National City, California COUNCIL AGENDA STATEMENT GEETING DATE November 19, 2002 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION AUTHORIZING THE CITY "NO PARKING" ZONES ADJACENT TO THE DRIVEWAY TSC ITEM NO. 2002-27) PREPARED BY Adam J. Landa DEPARTMENT ENGINEER TO ESTABLISH TWO RED AT 1045 E. 3rd STREET (R. PETERE, Public Works/Engineering EXPLANATION Mr Rafael Petere, the owner of 1045 E. 3rd Street, has requested the installation of two red curb "No Parking" zones adjacent to the driveway serving his property. According to Mr. Petere, parked vehicles are encroaching into his driveway, thereby not allowing ingress and egress from his property. The Traffic Safety Committee approved three feet red curb on each side of his driveway at their meeting on October 9, 2002. Environmental Review x N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. fire BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of October 9, 2002, approved the three foot red "No Parking" zone on both sides of Mr. Petere's driveway at 1045 E. 3rd Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2002-162 A-200 (9-99) RESOLUTION NO. 2002 —162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO ESTABLISH TWO THREE-FOOT RED NO PARKING ZONES ADJACENT TO THE DRIVEWAY AT 1045 EAST 3an STREET (R. Petere, TSC Item No. 2002-27) WHEREAS, Rafael Petere, the owner of 1045 East 3`1 Street, has requested the installation of two red no parking zones adjacent to the driveway serving his property due to parked vehicles encroaching into his driveway and thereby not allowing ingress and egress from his property; and WHEREAS, at its meeting on October 9, 2002, the Traffic Safety Committee approved installation of two three-foot red no parking zones adjacent to the driveway at 1045 East 3`a Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to establish two three-foot red no parking zones adjacent to the driveway at 1045 East 3`i Street. PASSED and ADOPTED this 19th day ofNovember, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: r1tee.. Jfir - George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 9, 2002 ITEM TITLE: REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 1045 E. 3RD STREET (BY: R. PETERE) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Rafael Petere, the owner of the property at 1045 E. 3rd Street, has requested the installation of a red curb "No Parking" zone adjacent to his driveway. According to MF Petere, parked vehicles from his neighborhood are encroaching into his driveway thereby not allowing ingress and egress to his property. STAFF RECOMMENDATION: Staff recommends the installation of two (2) 3 feet red curb "No Parking" zone adjacent to his driveway at 1045 E. 3rd Street. EXHIBITS: 1. Letter 2. Location Map 2002-27 rIr.Y‘,1 ItrYb ?"-VP *1(Zr? ‘ZrtiCri.. tr Zrr.1911A 36..4* irrrr:Y -6--)711:ZrYACirre rel yrs -voi) "?-71 04 -9 • \ery3 emaroy rv-Yn --enr-x) -Yzo-ris---)t-t .'errA fra.400,-rA --0--errfY1-60 A in-D7-,yon c; -Y-zrY1 On-0 Nair 175-1Sil rrir 4t f(k9--) \r-r-or(T^A —INTD "00,11 0'M .LVI*11 cmr-D -•-•"11V'"\14) 51141a+ OrYNN Ive:,‘ Lroyv J) crm -rvir 71"‘011 10-13i cy Tray st 6-131) IVO "'"' WIL 'ATP rrod 1. rp-zrrtiN Q1 1411111 -41. "rnavAA-Y-0:0-"D ------- -8810 ljaitiaDau 1#31:1 efilli.3314IDN3 t1.13 FAI0111 40 Alin "istcol-Int\ tl -k -014 c av-0IA.L01 ua.)..;.4;u_ (.4atikj4 c_145.11.9_ \vtb Lul S)J-kLockLti \i-1 ak.Log_eii NN, v..Q t)-Lsz_ 1.,tut 031 kA.) kkx.).4 -41/4_2 'co A),s2-4 Td‘A.A1 w-ca..sL_S dkAi osv.,"\ +.3L_ Akxx_d_e c„).,14J941. C baa-Uk• er4 NA.4.1 A44.colwq kuv.Z.-k q..ZZ u4.12_ kvvslu.) DVarte't,L-t'u`' 1,0 4.-S E Si_-_9 'tlist-14-T ILC4 1.-C;vt-Cek C-- Jim Cifik , q1C131 AVER fr I I I 4-- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE NOVEMBER 19, 2002 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION TO APPROVE, ACCEPT, AND RECORD A STORM DRAIN EASEMENT LOCATED AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND 33RD STREET (A.P.N. 562-330- 43) PREPARED BY ADAM LANDA DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION 54/National Self Storage LLC has submitted a drainage easement at the southwest corner of National City Boulevard and 33rd Street for the City Council approval and acceptance. After acceptance the easement will be filed with the County Recorder. A 36" R.C.P. drainage pipe was installed by Caltrans when Highway 54 was constructed. The easement was requested by the City from the present owner to accommodate the off-street drainage. The easement document has been signed and completed by the owner and Algert Engineering to the satisfaction of the Engineering Department. r X Environmental Review N/A ♦ Financial Statement N/A STAFF RECOMMENDATI Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Easement Documents A-200 (9r99) Resolution No. 2002-163 RESOLUTION NO. 2002 — 163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AND ACCEPT A STORM DRAIN EASEMENT LOCATED AT THE SOUTHWEST CORNER OF NATIONAL CITY BOULEVARD AND 33an STREET, AND AUTHORIZING THE RECORDATION OF SAME DOCUMENT (A.P.N. 562-330-43) WHEREAS, 54/National Self Storage, LLC has submitted a drainage easement at the southwest corner of National City Boulevard and 33'1 Street as requested by the Cityto accommodate the off-street drainage from the 36" R.C.P. drainage pipe installed by Caltrans when Highway 54 was constructed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and accepts the storm drain easement dated September 19, 2002, from 54/National Self Storage, LLC, located at the southwest corner of National City Boulevard and 33`1 Street. BE IT FURTHER RESOLVED that the City Engineer is authorized to accept the easement, and cause the recordation of same document. PASSED and ADOPTED this 19th day of November, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: f44#3 gig; George H. Eiser, )� City Attorney RECORDING REQUESTED BY: City of national City WHEN RECORDED MAIL TO: City of National City 1243 National City Boulevard National City, Ca 91950 Order No..: Escrow No: A.P.N.: 562-330-43 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE CITY OF NATIONAL CITY EASEMENT FOR STORM DRAIN LINE For valuable consideration, receipt of which is hereby acknowledged, 54/National Self Storage LLC (Grantor) hereby grants to the City of National City an easement for a storm drain line, together with a right of ingress and egress for the purpose of constructing, operating, maintaining and repairing same at its sole expense, said easement being more particularly described as follows: See Exhibits A-1 and A-2 attached hereto and incorporated herein by reference. Provided, however, Grantor specifically reserves for itself, its successors and assigns, the right to construct, operate, maintain and repair improvements over and across said easement as shown in Exhibit A-2 hereto, and provided further the City of National City shall construct, operate, maintain and repair the line in such a manner as to cause the least possible inconvenience and damage to the improvements constructed over the storm drain line as shown on Exhibit A-2 hereto. In witless whereof, t ies to this agreement have hereunto set their hands and seals this day of 2002. 54/NATIONAL SELF STORAGE LLC By: •: limit- iliCaitacorn; y Paul A. Peterson, Manager STATE OF CALIFORNIA COU TY OF , c1- / }SS. On /(c � Public, p ,efore me, iLt ®l , (insert name) Notary personally appeared AUL • 7 CPA/ , personal) known to me (or�reved-le'rne en-the-basis.ofasatislactoty enee) to be the person(s) whose name(e)(0e►e subscribed to the within instrument and acknowledged to me thatc__t_Qs#reltley executed the same in< 419heiltherr authorized capacity(ies), and that by signatures) on the instrument the person(e), or the entity upon behalf of which the person(e) acted, executed the instrument. ANN L. ANDERSON Commission# 1340137 Z Notary Public - California i San Diego County *Comm.Expires Jan 17,2006 WITNESS my hand and official seal. Signature ' (R EXHIBIT A-1 STORM DRAIN EASEMENT THAT PORTION OF LOT 10 OF SOUTHLAND INDUSTRIAL PARK UNIT NO. 1, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIAJACCORDING TO MAP THEREOF NO,5792 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 7, 1966, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 10.00 FOOT WIDE STRIP OF LAND, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHERLY TERMINUS OF COURSE NO. 2, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 8, 1969 AS FILE/PAGE NO. 144330 OF OFFICIAL RECORDS IN THE COUNTY RECORDER OFFICE OF SAN DIEGO COUNTY; THENCE SOUTH 12°04'01" EAST, 163.10 FEET; THENCE (1) FROM A TANGENT WHICH BEARS SOUTH 79°21'34" WEST, ALONG A CURVE TO THE LEFT,.HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 07°04'50", AN ARC LENGTH OF 4.94 FEET; THENCE (2) SOUTH 72°16'44" WEST, 62.00 FEET; THENCE (3) ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 108.00 FEET, THROUGH A CENTRAL ANGLE OF 32°16'44", AN ARC LENGTH OF 60.84 FEET; THENCE (4) SOUTH 40°00'00" WEST, 84.23 FEET; THENCE (5) ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 192.00 FEET, THROUGH A CENTRAL ANGLE OF 32°18'16", AN ARC LENGTH OF 108.25 FEET; THENCE (6) SOUTH 72°18'16" WEST, 37.87 FEET TO THE SOUTHERLY PROLONGATION OF COURSE 6 IN SAID DEED TO THE STATE OF CALIFORNIA; THENCE (7) NORTHERLY ALONG SAID SOUTHERLY PROLONGATION OF LAST SAID COURSE 6, NORTH 06°08'14" WEST, 2.04 FEET TO THE SOUTHERLY LINE OF 33RD STREET; THENCE (8) ALONG SAID SOUTHERLY LINE SOUTH 72°18'15" WEST, 11.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 48°54'39" EAST, 74.98 FEET TO A POINT ON THE SOUTHERLY LINE OF SEGMENT 1 ON THOSE CERTAIN RELINQUISHMENT MAPS FILED FOR RECORD AS STATE HIGHWAY MAP NO. 232 RECORDED APRIL 9, 1985 AS FILE/PAGE NO. 85-120774 OF OFFICIAL RECORDS, SAID MAPS DESCRIBED IN THE RESOLUTION OF RELINQUISHMENT NO. 24335, RECORDED JUNE 4, 1985 AS FILE/PAGE NO. 85-196998 OF OFFICIAL RECORDS IN THE COUNTY RECORDER OFFICE OF SAN DIEGO COUNTY, SAID POINT BEING NORTH 82°31'31"' EAST, 39.34 FEET FROM AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID SEGMENT 1, AND ALSO BEING THE POINT OF TERMINUS OF SAID STRIP OF LAND. THE SIDE LINES OF SAID 10.00 FOOT WIDE STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO COMMENCE IN SAID SOUTHERLY LINE OF 33Rd STREET AND TO TERMINATE IN SAID SOUTHERLY LINE OF SEGMENT 1. �3a•a2 Leland E. Bibb L.S. 5401 My license expires 9-30-04 Storm drain easement, Job #6052 z co C) 3>. z co rn Z St !!"..1 c•I 1.0 0 Co z EXHIBIT A-2 STORM DRAIN EASEMENT CITY. STORM DR IN ACCESS BUILDING FOUNDATION-'. CONCRETE SLAB ALGERT ENGWERING, 428 BROADWAY CHULA VISTA, CA. 91910 TEL. (619) 420-7090 FAX. (619) 420-9139 / low-Z--41111"` SCALE: 1"-1 0' STATE HIGHWAY 54 gL'6•0£ 3 u1.0,.Z8 N \ ,-7 In ca. ,Z9'9VZ 3„817,07.58N r W O �D all City of National City, California COUNCIL AGENDA STATEMENT QETING DATE November 19, 2002 AGENDA ITEM NO. 4 ITEM TITLE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COMMERCIAL RENTAL AGREEMENT WITH THE NATIONAL CITY HISTORICAL SOCIETY (FORMERLY THE SOUTH BAY HISTORICAL SOCIETY) FOR THE LEASE OF THE GRANGER MUSIC HALL PROPERTY PREPARED BY DEPARTMENT Rhonda Darling EXPLANATION Public Works/Engineering On October 14, 1976, the Council approved a Commercial Rental Agreement to allow the South Bay Historical Society, now known as National City Historical Society, to lease the Granger Music Hall property for five years. The lease was consecutively renewed on November 1, 1981, and January 13, 1987, and renewed for ten years and amended on January 27, 1992 to modify the description of the real property being rented for the purposes of erecting and maintaining an electric message board sign to promote the City. The lease has now expired, and the applicant is requesting a renewal of their lease agreement with the City of National City for an additional 10-year term. The clauses of the lease remain the same with a 10-year lease term and allowance for termination of the lease, without cause, upon 90 days written notice. ( Environmental Review _x_ N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution L BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. IATTACHMENTS ( Listed Below ) 1. Resolution 2. Proposed Amendment to Commercial Rental Agreement 3. October 14, 1976 Commercial Rental Agreement between a -zoo 99 Tho City of National City and the South Bay History Society 4. November 1, 1981 Commercial Rental Agreement Extension Resolution No. 2002-164 5. January 13, 1987 Resolution No. 15,183 6. October 1, 1992 Memo from the City Attorney to City Clerk regarding amended lease of nrangar Hall praparty RESOLUTION NO. 2002 — 164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE COMMERCIAL RENTAL AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY HISTORICAL SOCIETY (FORMERLY THE SOUTH BAY HISTORICAL SOCIETY) FOR THE LEASE OF THE GRANGER MUSIC HALL PROPERTY WHEREAS, on October 14, 1976, the City Council approved a Commercial Rental Agreement to allow the South Bay Historical Society, currently known as the National City Historical Society, to lease the Granger Music Hall property for five (5) years; and WHEREAS, the Commercial Rental Agreement was renewed on November 1, 1981 and January 13, 1987, and renewed for an additional ten years on January 27, 1992 to modify the description of the real property being rented for the purposes of erecting and maintaining an electric message board sign to promote National City; and WHEREAS, the Commercial Rental Agreement has now expired and the applicant is requesting an amendment for an additional ten (10) year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the Commercial Rental Agreement between the City and the National City Historical Society for an additional ten (10) year term. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 19s' day of November, 2002. George H. Waters, Mayor Al 1'hST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 1 George H. Eiser, III City Attorney AMENDMENT TO COMMERCIAL RENTAL AGREEMENT This Amendment to Commercial Rental Agreement is made and entered into this 19th day of November, 2002, by and between the City of National City, hereinafter referred to as "City," and the National City Historical Society, hereinafter referred to as "Tenant." RECITALS A. On or about October 14, 1976, City and Tenant entered into a Commercial Rental Agreement of real property described in Exhibit "A" to said agreement. B. Said Commercial Rental Agreement was amended on or about September 1, 1992. C. City and Tenant desire to amend said Commercial Rental Agreement to extend the term of said agreement. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the parties hereto agree as follows: 1. That Section 13, TERM, of said agreement shall be amended to read: Unless otherwise terminated pursuant to terms provided herein, the term of this agreement shall be for ten (10) years commencing on November 19, 2002 and terminating November 18, 2012, provided, however, either party may terminate this agreement upon ninety (90) days written notice delivered to the other party. 2. That with the foregoing exception, each and every provision of the Commercial Rental Agreement dated October 14, 1976, as amended on September 1, 1992, shall remain in full force and effect. CITY OF NATIONAL CITY NATIONAL CITY HISTORICAL SOCIETY By By George H. Waters, Mayor Approved as to Form: George H. Eiser, III City Attorney CITY OF NATIONAL CITY COMMERCIAL RENTAL AGREEMENT This Agreement, made in duplicate this y of 19 76 , by and between the City of National City, hereinafter re- ferred to as the "City" and South Bay Historical hereinafter referred to as the "Tenant". WITNESSETH: The City hereby rents to the TenSntuatand dthe Tenan Tey nant-rents m the City that certain real property knownNational City, County of - San Diego, State of California, commonly and described as See attached Exhibit A This Agreement is made -upon the following terms and conditions: 1. EFFECTIVE DATE: Tenancy shall commence on the day of , 19 7(. - 2. RENT: Rent shall commence on the 1st day of October , 1976 , in the amount of one and D 1.1a0r s ( $ l . 0 0 ) 3. PREVIOUS AGREEMENTS: This agreement supersedes and cancels_ ls any preexisting lease or rental agreement for the same p 4 UTILITIES;,.w The , Tenant shall pay allutilityand�servicee chash ges for /x/l/ as, /bafl -ectricity, /X ter, ,j ewers, ,t.A[ and garbage collection. The City shall be responsible for utility and, servicetcraargesanfor: / /-gas, / / electricity, / / water, / / sewers, garbage collection. .4n4 '6`�' (Appropriate boxes shall be checked and this paragraph initialed by both the Tenant and a representative of the City.) Page 1 of 5 5. REPAIRS: The. Tenant hereby waives the provisions of Section 1941 and 1942 of the Civil Code of the State of California, which Sections pertain to the right of the Tenant to make repairs and wxx deduct the cost of repairs from the rent. The Tenant shall at h t% sole expense, keep and maintain the premises and appurtenances, and every part thereof, excepting exterior walls and roof, but including (without limitation of the foregoing) all glazing, side- walks adjacent to said premises, and the entire interior of the premises, -in good sanitary order, conditionand repair. The Tenant further agrees that the City shall -not be called upon to make any improvements or repairs whatever; upon said premises, except such minimum maintenance and repairs as may be necessary in the interest of the health, welfare and safety of occupants, and only when considered necessary by the City. The Tenant further agrees that the Tenant shall keep all of said premises in as good order, conditionand repair as reasonable use and wear thereof will permit. 6 ALTE2ATIONS: The Tenant shall make no alterations in said premises without the written consent of the City first obtained and the -Tenant will be allowed no credit by the Agency for the cost of any repair work performed or ordered done by Tenant to said premises. 7. RIGHT -OF -ENTRY: The City by and through its employees or' agents, shall have the right to enter upon said premises at reasonable times during the term of this tenancy for the purpose of inspec the same, making such repairs as the City may deem necessary or for such other purpose or purposes as may be deemed necessary b the City. 8. COMPLIANCE WITH LAWS: The Tenant shall not commit, suffer, or permit .any nuisance or waste in or about said premises, and shall not permit the use of said premises for any illegal purpose. The Tenant further agrees to comply with all State Laws .and Local Ordinances concerning said premises and the use thereof.. 9 ASSIGNMENT: The Tenant shall not assign this tenancy in whole or in part, nor sublet said premises or any portion thereof, without first obtaining the written consent of the City. A transfer of twenty percent (20%) of the stock of a corporate tenant shall be deemed an assignment. A transfer -by one partner to another(s) also shall be deemed an assignment. 10. NON-DISCRIMINATION: The Tenant herein covenants by and for him- self, his heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, because of. race, color, creed, national origin, sex, or ancestry, in the leasing, subleasing, transferring, Page 2 of 5 use, occupancy, tenure, or enjoyment of the' premises herein rented nor shall the Tenant, or any person claiming under or through him, establish or permit any such,.practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sub- lessees, subtenants, or vendees in the premises herein leased. 11. LIABILITY.: The; Tenant shall indemnify and save the City harmless from and/or against any suit, action, claim, or demand arising from any damage to the goods,,- property,or effects of the Tenant or any of, the Tenant's representatives, agents, employees, guests, invitees, or occupants, or any other person whomsoever, o� for personal injury to, or death of, them or any of them or any other person or persons whomsoever whether caused by or result- ing from any act or omission of the City in and about said building, or from any defects in any part of said building, or from any other cause or reason whatsoever. The Tenant has thoroughly inspected the premises and entry into possession shall be deemed an acknowledgement by Tenant that dangerous places and defects in; said premises are known and are to be made secure and maintained in such condition by. Tenant. 12. INSURANCE: The Tenant shall, without cost to the owners, at all times during said lease, cause to be maintained in full force and effect, personal injury and property damage, public liability insurance in which the City is named as additional insured, in the sums not less than $300,000.00 for any one person injured or $300,000.00 for any_ one accident. If Tenant does not keep such insurance in. full force -and effect, City may secure such insurance and pay the premium at. Tenant's expense and the repayment thereof to City by Tenant shall be paid on the next day. Provisions of this paragraph as -to insurance shall not be construed as limiting in any way the extent to which Tenant may be held responsible for the payment of damages to persons or property resulting from its activities or the activities of any person or persons for which Tenant is other- wise responsible. 13 TERM: Unless otherwise terminated pursuant to terms provided herein the term -of this agreement shall be five (5) years commencing on the effective date hereof and expiring at the end of the fifth (5th) year thereafter. Provided however, either party may terminate this agreement upon ninety (90) days written notice delivered to the other party. 14 DISPOSAL OF PERSONAL PROPERTY: The Tenant agrees that the City shall have the right to sell, destroy, or otherwise dispose of any personal property left on the premises longer than ten (10) days after termination of this agreement. Page 3 of 5 15. DEFAULT: If any rental shall be due or unpaid or if default shall be made in any of the provisions otherwise contained herein on the part of the Tenant to be observed and performed, the City may exercise any and all remedies provided by law or equity by reason of such default, including the right at City's option of terminating this tenancy. If any of such events, the City shall be entitled to the immediate possession of said premises and at its option may enter into and upon said premises without notice to the Tenant and exclude Tenant and all persons and. property therefrom, and by process of law or otherwise take and resume possession of said premises. Each and ,all of the remedies of the City shallbe construed as cumulative and no one of them as exclusive of the other or as exclusive of any remedy provided by law or equity. 16. VIOLATIONS: The failure or omission of the City to terminate this tenancy for any violations of any of its terms, conditions, or covenants, shall in .no way be deemed to be a consent by the City to such violation and shall in no way bar, stop or prevent the City from terminating this agreement thereafter, either for such or for any subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or be construed to be .a waiver of the breach of any term, covenant or condition of this agreement. 17. SIGNS: The Tenant agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the said premises except to be of such type and color, size and style, and in such place as may be approved by the City. 18. SUCCESSORS: Each and every one of the terms, covenants and conditions of this agreement. shall inure to the benefit of and shall bind, as the case may be, not only the parties hereto but each and every of the 'heirs, executors, administrators, successors assigns and legal representatives of the parties hereto; pro- vided, however, that any subletting or assignment by Tenant of the whole or any part of the said leased premises or any interest therein shall be subject to the provisions of this lease. 19. ATTORNEY'S FEES: If the City shall file any action or bring any proceeding against Tenant arising out, of the default by Tenant of any of the provisions of this lease, Tenant shall pay to the City reasonable attorneys fees. 20. TIME.: Time is of the essence of this agreement. 21. RELOCATION: The Tenant hereby waives all relocation benefits and assistance provided by the California Relocation Assistance Act (Government Code 7260 et. seq.), its successor statute or any other relocation compensation as provided by State or Fed- eral law. ;..,: Page 4 of 5 22. CONDEMNATION: In the event thatthe leased premises including the Tenant's lease hold interest shall be taken for public use by the City, State, Federal Government, any public authority or other corporation having the power of eminent domain, then this lease shall terminate as of the date upon which possession thereof shall be taken. Tenant hereby waives all rights to just compensation, to which it may be entitled under the Fifth Amendment to the United States Constitution and/or Article I, Section 19 of the California State Constitution for the taking of, said leased premises and/or the lease hold interest in said premises. CITY OF NATIONAL CITY TENANT By: ae -ezZivexz-laA0 t By: j6 / GL. ,� �- Page 5 of 5 EXHIBIT A That portion of the Southerly 500.00 feet of the Easterly 544.50 feet of the Westerly 574.50 feet of the West Half of 80 Acre Lot 1 in Quarter Section 130, Rancho de la Nacion, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County, State of California, described as follows: The Northerly 100.00 feet of the Southerly 140.00 feet of the Easterly 544.50 feet of the Westerly 574.50 feet of the West Quarter of 80 Acre Lot 1 in Quarter Section 130, Rancho de la Nacion according to Map thereof No. 166, excepting therefrom the Easterly 150.00 feet of the Westerly 180.00 feet thereof. EXCEPTING THEREFROM THE PULLOWING DESCRIBED REAL PR0kiH1Y: All that portion. of the West Half of 80 Acre Lot 1 in Quarter Section 130, Rancho De La Nacion, according'to Map thereof Number 166, filed in the Office of the County Recorder of San Diego County, State of California, described as follows: Commencing at the Southwesterly corner of said 80 Acre Lot 1, in said Quarter Section 130; thence North 72° 00' 25" Fast, along the Southerly line of said 80 Acre Lot 1, a distance of 574.50 feet; thence North 17° 46' 41" West, 52.36 feet; thence North 40° 42' 58" West, 88.50 feet to the 'TRUE POINT OF BEGINNING; thence continuing North 40° 42' 58" West, 6.52 feet; thence South.72° 00' 25" West, 35.00 feet; thence South 17° 46' 41" Fast, 6.00 feet; thence North 72° 00' 25" East, 37.55 feet more or less to the 'TRUE POINT OF BEGINNING. 3S% S Z Lit. ?S's CO RCIAL RENTAL AGREEMENT EXTENSION WHEREAS a Rental Agreement exists between the City of National City and the South Bay Historical Society, now known as, the National City Historical Society, dated October 14, 1976, and; WHEREAS the parties do hereby mutually agree to extend the termina- tion of -said agreement; IT IS HEREBY AGREED THAT: (G' l^iT13 ©R Section 2, RENT,,of.said agreement shall be amended to read: �/`Ii /3 a 711 Rent shall commence on the first day of November 1981 in the amount of one dollar ($1.00) per annum, each year during the term of -this agreement. Section 13, TERM, of said -agreement shall be amended to read: Unless otherwise terminated pursuant to terms provided herein; -the term of this agreement_ shall be for five. (5) years commencing November 1, 1981 and terminating October 31, 1986, provided, however, either partymay terminate this agreement.:upon ninety (90) days written notice delivered to the other party. All other terms and conditions of said Commercial Rental Agreement shall remain in full force and effect during the term of this extension. 34-5" CITY OF NATIONAL CITY By: Title: Date: NATIONAL CITY HISTORICAL SOCIETY By: Title: Date: In witness whereof, &- ,fi ',� /✓: �-f. National City-Histo ca./ So iet, ao attest by its :President,' who is' iy' LLauthorized to ment by action of the Board of.Directors of torical Society on 7j,,,. j/ -1_- Cee_z Secretary of the to =te execution hereof enter into said agree - the -National. City His- COMMERCIAL RENTAL AGREEMENT EXTENSION WHEREAS a Rental Agreement exists between• the City of National City and the South Bay Historical Society, now known as the National City Historical Society, dated October 14, 1976, and; WHEREAS the parties do hereby mutually agree to extend the termina- tion of said agreement; IT IS HEREBY AGREED THAT: Section 2, RENT, of said agreement shall be amended to read: Rent shall commence on the first day of November 1981 in the amount of one dollar ($1.00) per annum, each year during the term of this agreement. Section 13, TERM, of said agreement shall be amended to read: Unless otherwise terminated pursuant to terms provided herein, the term of this agreement shall be for five (5) years commencing November 1, 1981 and terminating October 31, 1986, provided, however, either party may terminate this agreement upon ninety (90) days written notice delivered to the other party. All other terms and conditions of said Commercial Rental Agreement shall remain in full force and effect during the term of this extension. CITY OF NATIONAL CITY NATIONAL CITY HISTORICAL SOCIETY By: By: Title: - Title: Date: Date: In witness whereof, I National CityHistorical,Society, do ,attest by its President, who is duly authorized to ment by action of the Board of Directors of torical Society on Signed: Secretary of the to the execution hereof enter into said agree - the National City His- . - - Secretary Date: ty of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 13, 1987 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE COMMERCIAL RENTAL AGREEMENT AMENDMENT PREPARED BY Robert E. Onley EXPLANATION The existing rental agreement with the National City Historical. Society is for $1.00 per annun with a five year term. This request is for permission to change the term to ten years and to have the extension reflect this change. Additionally, a paragraph would be added to the original agreement to provide that possessory interest taxes will be paid by the Historical Society. STAFF RECOMMENDATION Approve the request /% r_ct BOARD,QCOMMISSIORECOMMENDATION DEPARTMENT Engineering N/A ATTACHMENTS (Listed Below) Resolution No. 15,183 1. Copies of Proposed and Expired Commercial Rental Agreement. 2. Copy of Proposed Resolution. A-200 (Rev. 9/80) COMMERCIAL RENTAL AGREEMENT AMENDMENT WHEREAS, a Rental Agreement exists between the City of National City and the South Bay Historical Society, now known. as the National City Historical Society, dated October 14, 1976, and; Pi HEREAS„the parties desire to amend the Rental Agreement to extend the term of said agreement, and to add a provision to the agreement pertaining to the payment of possessory interest taxes. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: Section 2, RENT, of said agreement shall be amended to read: Rent shall commence on the first day of November 1986 in the amount of one dollar ($1.00) per annum, each year during the term of this agreement. Section 13, TERM, of said agreement shall be amended to read: Unless otherwise terminated pursuant to terms provided herein, the term of this agreement shall be for ten (10) years commencing November 1, 1986 and terminating October 31, 1996, provided, however, either party may terminate this agreement upon ninety (90) days written notice delivered to the other party. Section 23, TAXES, is added to said agreement to read: TENANT recognizes and understands that this lease may create a possessory interest subject to property taxation and that TENANT may be subject to the payment of property taxes levied on such interest.. TENANT further agrees to pay any and all property taxes, if any, assessed during the term of this Lease Agreement pursuant to Sections . 107 and 107.1 of the Revenue and Taxation Code against TENANT'S possessory interest in the leased premises. Except as herein provided, all other terms and conditions of said Commercial Rental Agreement shall remain in full force and effect during the term of this - extension. - ••• CITY OF NAT NAL CITY NATIONAL CITY HISTORICAL SOCIETY om . Ac abe Title: City. Manager Date: / 17 1/z7 2 Title: Date: Victoria A. President /A9-'/Clki Waters In witness whereof, I g.htitc.ke.i Be.a.u.c.ka.vvito Secretary of the National City Historical Society, do attest to the execution hereof by its President, who is duly authorized to enter into said agreement by action of the Board of Directors of the National City Historical Society on February 8, 1987. APPROVED AS TO FORM: George ii g H. Eiser, III -City Attorney Date: 7 ra/a.47, RESOLUTION No. 15,183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZIM THE CITY MANAGER TO EXECUTE A. COMMERCIAL RENTAL AGREEMENT AMENDKpIT, BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to execute a Commercial Rental Agreement Amendment with the National City Historical Society, a copy of which Amendment is attached hereto as Exhibit "An and incorporated herein by reference. PASSED and ACOPTED this 13th day of January, 1987. A1ihST: le Campbell, CliiZterk APPROVED AS TO FORM: 4144. at George H. Eiser, III -City Attorney 1-461-4141 Waters, Mayor P Passed and adopted by the Council of the City of National City, California, on 1-13-87 by the following vote, to -wit: Cooper? Dalla, Pruitt, VanDeventer Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen None None Wat ers AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California By: City Clerk of the City of National ity, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. 15,i83 of the City of National City, 1-13-87 Calif., passed and adopted by the Council of said City on (Seal) By: City Clerk of the City of National City, California Deputy City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950 George H. Elser, ill —City Attorney (619) 336-4220 TO: City Clerk DATE: October 1, 1992 FROM: City Attorney SUBJECT: Lease of Granger Hall Property; Transmittal of Documents Transmitted herewith are the following documents pertaining to the lease of the Granger Hall property: 1. Ground Lease between the City of National City, the National City Mile of Cars Association, and the National City Chamber of Commerce. 2. Amendment to Commercial Rental Agreement between the City of National City and the National City Historical Society. 3. City Council Resolution No. 92-165, approving the above docu- ments. /::\•-41". — GEORGE H: EISER, III City Attorney GHE/sbc e Recycled Paper RESOLUTION NO. 9 2-16 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GROUND LEASE WITH THE NATIONAL CITY CHAMBER OF COMMERCE AND THE NATIONAL CITY MILE OF CARS ASSOCIATION, AND AN AMENDMENT TO COMMERCIAL RENTAL AGREEMENT WITH THE NATIONAL CITY HISTORICAL SOCIETY WHEREAS, the National City Chamber of Commerce and National City Mile of Cars Association desire to lease from the City certain real property adjacent to I-805, adjacent to Granger Music Hall for the purpose of erecting and maintaining an electric message board sign to promote the City; and WHEREAS, the Community Development Commission of the City of National City has contributed $114,000 towards the cost of erecting said sign, as the sign will benefit the project area of the National City Downtown Redevelopment Project; and WHEREAS, the City desires to lease said real property for the aforementioned purpose in order to promote the public welfare; and WHEREAS, in order to enter into said lease, it is necessary to amend an existing. Commercial Rental Agreement between the City of National City and the National City Historical Society. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Ground Lease of real property adjacent to Granger Music Hall with the National City Chamber of Commerce and the National City Mile of Cars Association, and an Amendment to Commercial Rental Agreement with the National City Historical Society. Said Ground Lease and Amendment to Commercial Rental Agreement are on file in the Office of the City Clerk. PASSED and ADOPTED this 1st day off September, 1992.,, George H. aters, Mayor r,ST: Lori Anne Peoples, City Cterk APPROVED AS TO F RM: i 6' George H. Eiser, III, City Attorney AMENDMENT TO COMMERCIAL RENTAL AGREEMENT This Amendment to Commercial Rental Agreement is made and entered into this 1st day of septetabeF1992, by and between the City of National City, hereinafter referred to as "City," and the National City Historical Society, hereinafter referred to as "Tenant." RECITALS A. On or about October 14, 1976, City and Tenant entered into a Commercial Rental Agreement of real property described in Exhibit "A" to said agreement. B. Said Commercial Rental Agreement was amended on or about January 27, 1987. C. City and Tenant desire to amend said Commercial Rental Agreement to modify the description of the real property being rented. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the parties hereto agree as follows: 1. That the description of the real property being rented pursuant to the Commercial Rental Agreement dated October 14, 1976 is hereby amended. The exhibit attached hereto as Exhibit "A" shall constitute Exhibit "A" to the Commercial Rental Agreement dated October 14, 1976. 2. That with the foregoing exception, each and every provision of the Commercial Rental Agreement dated October 14, 1976, as amended on or about January 27, 1992, shall remain in full force and effect CITY OF NATIONAL CITY NATIONAL CITY HISTORICAL SOCIETY By By George . vWaters, Mayor Approved as to Form: George H. Eiser, III, City Attorney EXHIBIT "A" A.P.N. 554-050-11 GRANGER HALL ALL THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 1 IN QUARTER SECTION 130, RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NUMBER 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTHERLY 100 FEET OF THE SOUTHERLY 140 FEET OF 'IR WESTERLY 574.50 FEET OF SAID WEST HALF. EXCEPTING THEREFROM: THE WESTERLY 180 FEET, AND ALSO THE PORTION EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE AFORESAID WESTERLY 574.50 FEET; THENCE NORTH 17° 46' 41" WEST 12.36 FEET; THENCE NORTH 40° 42' 58" WEST 95.02 FEET TO THE NORTH LINE OF THE SAID SOUTHERLY 140 :L` T OF SAID WEST HALF. AND ALSO, EXCEPTING THEREFROM THAT PORTION RESERVED FOR COMMERCIAL RENTAL, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE LOT 1, IN SAID QUARTER SECTION 130; THENCE NORTH 72° 00' 25" EAST, ALONG THE SOUTHERLY LINE OF SAID 80 ACRE LOT 1, A DISTANCE OF 574.50 FEET; THENCE NORTH 17° 46' 41" WEST, 52.36 FEET; THENCE NORTH 40° 42' 58" WEST, 84.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40° 42' 58" WEST, 10.87 FEET; THENCE SOUTH 72° 00' 25" WEST, 35.00 FEET; THENCE SOUTH 17° 46' 41" EAST, 10.00 FEET; THENCE NORTH 72° 00' 25" EAST, 39.26 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. AREA FOR COMMERCIAL RENTAL: 371 SQUARE FEET OR 0.0085 ACRES.AREA OF GRANGER HALL EXCEPTING 371 SQUARE FEET RESERVED FOR COMMERCIAL RENTAL: 37,457 SQUARE FEET OR 0.8599 ACRES. NAT'L CITY ENGR. DEFT. No. CF 7 e REF. (0"1 S7 BY ., 7 DATE 9/Z/92 CKD DATE CCD DATE+`� GROUND LEASE This Ground Lease, made and entered into this 1st day of September , 1992, by and between the City of National City, State of California, hereinafter designated as "Lessor," and the National. City. Chamber of Commerce, an unincorporated association, and the National City Mile of Cars Association, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property for the purpose of erecting thereon a message board sign. R. The Community Development Commission of the City of National City has contributed $114,000 towards the cost of erecting said sign, as the sign will benefit the project area of the National City Downtown Redevelopment Project. C. Lessor desires to lease said, real property for the aforementioned purpose in order to promote the public welfare. NOW, THEREFORE, the parties hereto, agree as follows: 1. Leased -Premises. Lessor does hereby lease, demise and let to Lessee the property situated is the City of National City, County of San Diego, State of California, described in the attached Exhibit "A." 2. Term. This lease shall be for a term of ten (10) years, beginning on the date first above written, unless sooner terminated as provided herein. 3. Rent. Lessee shall pay as rent for the leased premises the sum of One Dollar ($1.00) per year. 4. Use. The leased premises are leased to Lessee by Lessor for the sole purpose of erecting and maintaining a message board sign, as described in detail below. 5. Description of Sign. The Sign shall be a maximum 60 feet in height and 28 feet in width. The Sign shall be comprised of four separate sign panels, one 7 feet by 28 feet, reading "National City;" one 5 feet by 24 feet, reading "Mile of Cars - Exit 54 West;" one 5 feet by 24 feet, reading "Plaza Bonita Road, Take Sweetwater Rd. Exit; " and one "message center" displaying various informational messages of civic interest and social events, which shall be no greater than 132 square feet in area. The message displayed on each sign panel shall not exceed 40% of the area of each sign panel. The message center shall not display individual commercial or advertising messages. Examples of messages permitted on the message center are: . "Shop 19 Dealers on the Mile of Cars;" "Shop 140 Stores at Plaza Bonita;" "Western State Bowling Tournament." Additionally, Lessor shall be permitted to place messages of its choice on the message center. A detailed plan indicating the design, dimensions, and materials for the Sign is attached hereto as Exhibit "B." 6. Installation of Sign. The Sign shall be installed by Pacific Sign Construction, 2131 Harrison Avenue, National City, California, 91950. Lessee shall enter into the necessary contract or contracts with Pacific Sign Construction, subject to the approval of the parties' respective officers or boards. Said contract(s) shall provide for the installation of the Sign contemplated by this Ground Lease, as well as all site preparation. 2 7. Payment of Installation Costs. The total cost of installation of the Sign and of site preparation by Pacific Sign Construction will be $114,000, which amount has been paid by the Community Development Commission of the City of National City. 8. Ownership of Sign. The sign shall be owned by Lessee. 9. Maintenance of Sign. Maintenance of the Sign shall be performed on a regular basis by Lessee. Estimated costs of maintenance are approximately $100 per month. Maintenance shall include, without limitation, replacement of all bulbs and other electrical components, cleaning, replacement of broken parts, and painting. 10. Payment of Electricity Costs. The Sign shall be illuminated. Lessee shall pay all electric bills for illumination of the Sign. 11. - Control of Message Board. Subject to the limitations of Paragraph 5, Lessee shall determine the messages to be displayed on the message center portion of • the Sign. Lessee shall indemnify, defend, and hold harmless Lessor, the Community Development Commission of the City of National City, and their officers, agents, employees and volunteers against all claims, suits, liability or loss for personal injury, bodily injury, invasion of privacy, or defamation arising out of any message displayed on said message board. 12. Insurance. A. Lessee shall take out and maintain, during all times that the Sign remains in existence, comprehensive general liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) combined single limit 3 410 per occurrence, covering all bodily injury, personal injury, and property damage arising out of this Ground Lease. Said policy shall name Lessor, the Community Development Commission of the City of National City and their officers, agents, employees and volunteers as additional insureds, and shall constitute primary insurance as to Lessor and the Community Development Commission of the City of National City, their officers, agents, employees and volunteers so that any other policies held by Lessor and the Community Development Commission of the City of National City, shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencementof this Agreement, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this Ground Lease. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Ground Lease is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire inthe amounts not less than one hundred (100) percent replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three: (3) years after removal of the Sign. If Lessee does not keep an insurance policy in full force and effect at all times during the existence of the Sign, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of this Ground Lease, obtain such insurance, and collect the cost of obtaining such insurance from Lessee, or at Lessor's option cancel this Ground Lease: Insurance provisions of this Ground Lease may be reviewed by Lessor and Lessee every five (5) years, and the required coverages increased as deemed necessary by Lessor. B. The sign installation agreement with Pacific Sign Construction shall provide that Pacific Sign Construction shal&take out and maintain, throughout the period of the sign installation agreement, comprehensive.,general liability insurance with minimum' limits of One Milli©ti Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury, personal injury, and property damage arising out of this, Ground Lease. Said policy shall name Lessor, Lessee, the Community Development Commission of the City of National City and their officers, agents, employees and volunteers as additional insureds, and shall constitute primary insurance as to Lessor, Lessee, the Community Development Commission of the City of National City, and their 5 officers, agents, employees and volunteers so that any other policies held by said parties shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor, Lessee, and the Community Development Commission of the City of National City of cancellation or material change. 13. Possessory Interest Tax. Lessee is aware that this Ground Lease may create possessory interests subject to property taxation and that they may be subject to the payment of property taxes levied on such interests. Lessee hereby agrees to pay property taxes, if any, assessed during the term of this Ground Lease pursuant to Section 107 and 107.1 of the Revenue and Taxation Code. 14. Independent Contractors. Lessor and Lessee are independent contractors with respect to each other, and none have the authority or right to incur obligations of any kind in the name of or for the account of each other, or to commit or bind each other without the others' written consent. 15. Waiver. The failure of any party hereto to insist in any instance upon the strict performance of any provisions of this Ground Lease, or to exercise any election contained herein, shall not be construed as a waiver or relinquishment for the future of such provision or election. Moreover, no claim or right arising out of a breach of this Ground Lease may be discharged in whole or in part by waiver or renunciation of the claim or right, unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. 6 16. Assignment. This Ground Lease shall not be assigned or transferred nor shall Lessee have the right to sublet the leased premises or any part thereof, without the consent in writing of the City Council of Lessor evidenced by a resolution thereof duly adopted for said purpose. 17. Improvements. Lessee shall bear the entire expenses arising by reason of any improvements on the lease premises, and any improvement shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 18. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvement to be located on the leased premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 19. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance_ thereof. 20. Termination. The premises hereby leased are to be used by Lessee forterection and maintenance of a message board sign\ and for no other purpose, as aforesaid, and it is further agreed between the parties that should the leased premises no longer -by used for such a purpose, then, at the option of Lessor, this Ground Lease shall be deemed canceled and of no further force and effect, and all liabilities of the parties hereunder shall cease. Lessor may terminate this Ground Lease upon ninety (90) days' written notice to Lessee in the event Lessor determines the leased premises are needed for public or municipal purposes. 21. Removal of Improvements. It is further agreed between the parties that at the termination or expiration of this Ground Lease or any renewal thereof, Lessee shall within thirty (30) days remove the Sign nd any and all other improvements or personalproperty placed or erected on the leased premises, during the term hereof, or any renewal hereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any property or improvements left on the leased premises longer than thirty (30) days after termination of this `Ground Lease. 22. Non -Discrimination. Lessee agrees that there shall be no discrimina- tion against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person craiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 23. Amendment of Agreement with National City ,Historical 'Society. This Ground Lease is contingent upon the execution of an amendment to an . existing 8 rental agreement between the City of National City and the National City Historical Society, under which the City rents to the Historical Society real property which is also the subject of this Ground Lease. This Ground L ise shall be of no force or effect until an amendment to said rental agreement is executed, deleting from said rental agreement the real property described in the attached Exhibit "A." 24. Enforcement. The obligations of this Ground Lease shall be specifically enforceable by the parties. IN WITNESS WHEREOF, the undersigned parties have duly executed this Ground Lease in a manner appropriate to each, on the date above written. CITY OF NATIONAL CITY Waters, Mayor NATIONAL. CITY MILE OF CARS ASSOCIATION By APPROVED AS TO FORM: George. H. Eiser, III. City Attorney 9 NATIONAL CITY CHAMBER OF COMMERCE By &c� C'(''' By EXHIBIT "A" (GRANGER HALL: LOCATION OF COMMERCIAL SIGN) ALL THAT PORTION OF THE WEST. HALF OF 80 ACRE LOT 1 IN QUARTER SECTION 130, RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NUMBER 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE LOT 1, IN SAID QUARTER SECTION 130; THENCE NORTH 72° 00' 25" EAST, ALONG THE SOUTHERLY LINE OF SAID 80 ACRE LOT 1, A DISTANCE OF 574.50 FEET; THENCE NORTH 17° 46' 41" WEST, 52.36 r'rrT; THENCE NORTH 40° 42' 58" WEST, 84.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40° 42' 58" WEST, 10.87 FEET; THENCE SOUTH 72° 00' 25" WEST, 35.00 FEET; THENCE SOUTH 17° 46' 41" EAST, 10.00 rztT; THENCE NORTH 72° 00' 25" EAST, 39.26 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. 1 NAT'L CITY. ENOR. DEET. No. 4787 1 REP. 554-050-II BYLJ.1: DATE y/I/92 CKD DATE CKD DATE Ras,* 15;163 (tc187 REF.) Passed: and adopted;. by the Council of the. City of National City, California, on September 1. 1992 by the following vote, to -wit: Ayes: Councilmen Dalla. Inzunza. Van Deventer. Zarate. Waters Nays: Councilmen None Absent Councilmen None Abstain: Councilmen Non e AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City; California . City Clerk of the City of National ity, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO.....9.2-1.fia.. of the City of National City, Calif., passed and adopted by the Council of said City on ...S.ep.t.enhe.r...1, 1992 (Seal) By: City Clerk of the City of National City, California Deputy Here is the, policy .renewal fort e Contractor's Liability:'for new- 805 sign on Granger Music Hall property.', CERTIFICATE O II.JURAN;E, PRODUCER Rt1 Fk? F. uRIVER CO., INC. 152r 5TH AVENUE SA:a DIr'GL, CA 921a1-27�3 INSURED - - - Sign Co. 2131 Harrison Avenue Nation3I city CA 91950-6420 ISSUE D,TEiMMDDKY, 10/06l92 THIS CERTIFICATE IS ISSUED At A MATTER OF INFORMATION ON AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE. POLICIES BELOW. COMPANIES AFFO1 AFFORDING COVERAGE COMPANY LETTER A GOLDEN EAGLE INSURA'CE COMPANY B LETTER GOLDEN EAGLE INSURANCE PPacific ETTER NY C COMPANY LETTER D GOLDEN EAGLE INSURANCE COMPANY E COVERAGES / THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DDKY) DATE (MM/DDKY) A GENERAL LIABILITY CCP197C,97 - 10/0119Z 1 C/01./93 GENERAL AGGREGATE $ Zl U00,Q00 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1,000,000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 1,000,00C, OWNER'S & CONTRACTORS PROT. EACH OCCURRENCE $ 12 000! Un C FIRE DAMAGE (Any one fire) $ 5 0! u0 U MED. EXPENSE (Any one person) $ 5,00G AUTOMOBILE LIABILITY CCP197097 I0/U1/94 1 C/D1l Y3 ANY AUTO COMBINED SINGLE $ LIMIT 1l 000 ALL OWNED AUTOS BODILY INJURY X SC.,EDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION Pt CI1`!0940L AND EMPLOYERS' LIABILITY 10/uli 92 .I.E%C LI t%3, STATUTORY LIMITS CACH ACCIDENT- -- . _4-- I , 0-0, OO U DISEASE -POLICY LIMIT S 1, 000! 00 U DISEASE -EACH EMPLOYEE S 11. 000 00 • til OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIALITEMS CEPTIFICATE HCL.DE:t IS k±AMED AS ADUIfILINAL INSuREU RE: r►ILE 3F CA' S :1t' DAY NuTICE FOR NOPI-P,-Y?'1ENT OF PREetIUM. CERTIFICATE HOLDER CITY n r NATIuNAL r j T Y N ,� L - A 1 r, ~ 'ATILNAL CITY:' CA yt`-: _.-,.27F. ACORD 25-S (7/90) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.. THE ISSUING COMPANY WILL ENDEAVOR e MAIL 3 L DAYS WRITTEN NOTICE TO 1HE-CERTIFICATE HOLDER NAMED TO :r LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AU ORIZ EPRESENTATIVE / LAI Y *t: .M= l X t e�_., CL 246 (11-85) POLICY NUMBER: CCP19709? THIS ENDORSEMENT RS? MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF NATIONAL. CITY ATTN: BUILDING I*ISM ECTICN NATIOitiAL T,VENUE NATIONAL CITY, CA. .92050 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS INSUR[J3 „_. tr. ; aan i-.cured the person or organization shown in the Schedule, out only with respect to liability arising out of "your work" for that insured by or for you. City of National City, California COUNCIL AGENDA STATEMENT CIAEETING DATE November 19, 2002 ITEM TITLE RESOLUTION TO APPROVE THE LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY ADULT SCHOOL AND TO AUTHORIZE THE. MAYOR TO EXECUTE THE LEASE PREPARED BY Rhonda Darling 5 AGENDA ITEM NO. DEPARTMENT Engineering EXPLANATION On August 1, 2000, the Council approved a Conditional Use Permit to allow the National City Adult School to lease the property at 300 E. 15th Street on a year to year basis for the purpose of maintaining an Adult Education School thereon. The lease has now expired, and the applicant is requesting a renewal of their lease agreement with the City of National City for an additional 1-year term. To our knowledge, there are no plans to utilize the property for other purposes within the coming year period although long-range plans show the site may be part of the fire station headquarters project. The clauses of the lease remain the same with a 1-year lease term and allowance for termination of the lease, without cause, upon 30 days written notice. Environmental Review X N/A Financial Statement N/A STA FF RECOMMENDATIOl. I Adopt the Resoluti. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Case File No.: CUP-2000-17 3. Lease agreement between the City of National City and National City Adult School AJ ItJ A-200 (9:99) Approved By: Finance Director Account No. Resolution No. 2002-165 RESOLUTION NO. 2002 —165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY ADULT SCHOOL WHEREAS, on August 1, 2000, the City Council approved a Conditional Use Permit to allow the National City Adult School to lease the property at 300 East 15a' Street; and WHEREAS, a lease was entered into on July 11, 2000, on a year-to-year basis and was renewed on August 21, 2001; and WHEREAS, the National City Adult School has requested that the lease agreement be renewed for an additional one-year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a lease between the City of National City and the National City Adult School for one additional year with the same terms and conditions as in the recently expired lease. Said lease is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of November, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE August 1, 2000 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 18 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT TO ALLOW ADULT SCHOOL CLASSROOMS AT 300 E. 15 ` STREET (APPLICANT: NATIONAL CITY ADULT SCHOOL) (CASE FILE NO.: CUP-2000-17) PREPARED BYJon Cain -Associate Planner PARTMENT Planning EXPLANATION The applicant proposes to use the former site of the Philippino American Council of National City. (PACNC) Community Center to conduct adult school classes. Proposed classes include Computer Repair, Certified Nurses Assistant Training, English as a Second Language (ESL), Citizenship, Adult Basic Education, GFD, and Senior Adult classes. An attendance of 30-50 students is anticipated initially at classes to be conducted between 7:00 a.m. and 9:00 p.m. No change to the exterior of the structures is proposed; the school will occupy the existing buildings. Administrative offices, classrooms and teacher's offices will be located on the site. The adult school is expected to be a short-term use, since the property is part of a proposed Fire Station site. The Planning Commission voted to approve the project at the public hearing. The Commission discussed concerns voiced by citizens present at the public hearing regarding noise, property maintenance, and parking. Conditions of approval address those concerns. The adult school intends to shuttle some students from the 24°i Street campus, and school officials anticipate that the existing parking area will be sufficient. Environmental Review Financial Statement N/A STAFF RECOMMENDATION N/A Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. HOARD 1 COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Vote: Ayes — Parra, Martinelli, Baca, Detzer Absent: Ungab, Valderrama, Godshall( ATTACHMENTS t Listed Below l 1. Planning Commission Resolution No. 11-2000 2. Location Map Resolution No. A-200 (9/80) RESOLUTION NO. 11-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITYOF NATIONAL CITY, CALIFORNIA,' APPROVING A CONDITIONAL USE PERMIT TO ALLOW ADULT SCHOOL CLASSROOMS AT 300 E. 15TH STREET. APPLICANT: NATIONAL CITY ADULT SCHOOL. CASE F•1LE NO. CUP-2000-17 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application to allow adult school classrooms at 300 E l5a' Street at a duly advertised public hearing held on June 19, 2000, 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-2000-17 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law;, and, WHEREAS,the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 19, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be completely contained within existing structures on the 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 proposed use is similar in intensity to the previous community center use of the property. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed school will be similar to the previous community center use of the property and will occupy existing structures. 4. That the proposed use is deemed essential and desirableto the public convenience and welfare, since the facility will increase the educational opportunities available to the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, Mechanical, and Energy Codes and the California Title 24 Handicapped regulations. 2 The lease must be finalized between the City and the applicant prior to use of the property by the school. 3. The Fire Department shall have complete access at all times for emergency responses. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 5. Use of the property as authorized by this Conditional Use Permit shall be limited to an adult school with hours of operation between 7:00 a.m. and 9:00 p.m. 6. This permit shall become null and void if not exercised within one year atter adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 7_ Existing signage on the property identifying the previous use of the property shall be removed. 8. Fencing shall be installed on the property for security purposes. 9. Signage shall be installed indicating that loitering and skateboarding are not permitted on school grounds. 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 July 17, 2000, by the following vote: AYES: PARRA, MARTINELLI, BACA, DETZER NAYS: ABSENT: ABSTAIN: UNGAB, VALDERRAMA, .GODSHAL?r( KIMBALL PARK I/PY RM-3-PD '•%4th Q f459 /701 nnnr� inn PROPOSED SCHOOL SITE ~Iv ZONE BOUNDARY DRN. DATE; SCALE: 6/5/2000 1=20o LOCATION MAP r - INITIAL NORTH CUP-2000-17 HEARING: 300 E. 15`h Street NATIONAL CITY PLANNING 6/19/2000 LEASE ORIGINAL This Lease, made and entered in this 19th day of November 2002, by and between the City of National City, California, hereinafter designated as "City", and National City Adult School, part of the Adult Division of the Sweetwater Union High School District, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of utilizing certain improved, real property located at 300 E. 15th Street, National City, California 91950, ownedby the City for the purpose of. maintaining an Adult Education School thereon. B. The use of said property for the purpose aforementioned will promote the general welfare of the inhabitants of the City of National City. NOW, THREFORE, the parties hereto agree as follow: 1. Premises. The real property, which is the subject of this Lease is situated in the City of National City, County of San Diego, State of California, and described in Exhibit "A", which is attached hereto and incorporated herein by reference. 2. . Term. The term of this Lease shall be for a period of one (1) year from the date first written above. 3. Rent. The City and Lessee acknowledge that the rent (consideration) for this Lease shall be the mutual benefit to be derived from Lessee's use and maintenance of an Adult Education School on the premises. 4. Use. The above -described premises are to be used by Lessee for the purpose of maintaining an Adult Education School with functions from Monday through Friday, 7:00 a.m. to 10:00 p.m., and with Lessee or its invitees off the premises by 10:30 p.m. The premises will be used exclusively, and for no other purpose than to maintain said Adult Education School, to promote the physical, mental and moral well-being of the citizens of National City and the community in general of the City of National City and territory adjacent thereto, and to provide such means of education and community services as may seem most likely and desirable for the accomplishment of the purpose herein set forth. The Lessee may arrange for other uses of a portion of the premises so long as the use is consistent with the permitted uses herein and that said use does not conflict with any other terms and conditions of this Lease. Such use must be approved in advance by the City Manager or his designee. No "for profit" entity may use the premises. In using the premises, Lessee and its invitees shall ensure that all food and beverages are consumed inside the building; that any invitee use only that part of the building agreed upon with Lessee; that there be no parking in front of the doors on the west side of the building; and that when the parking lot is full, invitees be directed to park on E. 15th Street. 5. Improvements. Lessee shall bear the entire expense arising by reason of any improvements it makes on the premises, and the operation and maintenance thereof, which shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City. Any permanent improvements shall require the advance written approval from the City Manager or his designee. 6. Maintenance and Repair. The City shall not be liable for the repair or upkeep and/or maintenance of the premises including any improvements. Lessee shall be responsible for all maintenance, including janitorial and repair, along with the costs of all utilities on the premises. Lessee shall, to the satisfaction of the City, keep the premises in as good order, condition and repair as reasonable use and wear thereof will permit. 7. Utilities. The utility costs for the subject property, including gas, electric, water, telephone, security, fire alarm, trash, and sewer, shall be the sole responsibility of Lessee. 8. Insurance. The Lessee, at its sole cost and expense, shall purchase and maintain throughout the term of this Lease, the following insurance policies: a. Comprehensive general liability insurance, with minimum policy limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Lease; and b. Workers' Compensation insurance covering all of its employees and volunteers. c. The aforesaid policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, subject to lessee's obligations outlined in Article 9, Hold Harmless, and any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material change. d. Said policies, except for the workers' compensation policies, shall name the City and its officers, agents, and employees as additional insureds. e. This Lease shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the City of National City's Risk Manager. If the Lessee does not keep all of such insurance policies in full force and effect at all times during terms of this Lease, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Lease and terminate the Lease as provided herein. f If required insurance coverage is provided on a "claims made" rather than an "occurrence" form, the Contractor shall maintain such insurance coverage for three (3) years after expiration of the term (and any extension) of this Lease. g. Any aggregate insurance limits must apply solely to this Lease. h. The City shall keep the buildings, improvements, and personal property owned by the City located on the premises insured against loss or damage by fire in the amount of not less than ninety (90) percent of replacement value. i. Insurance provisions of this Lease may be reviewed at any time by the City and the required coverages may be increased as deemed necessary by the City. 9. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the City of National City, its officers, agents, employees, and volunteers, from any and all liability, loss, claims, damages, or injuries to any person or property, including injury to Lessee's employees, and all expenses of investigating and defending against same, arising from or connected with performance of or failure to perform the 4 obligations of this Lease, or caused by the acts of Lessee, its officers, agents,. or volunteers. 10. Inspection. The City, by and through its proper officers, reserves and shall always have the right to enter the premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 11. Termination. Notwithstanding the provisions of Section 2, either the City or Lessee may terminate this Lease or any extension thereof, without cause, upon thirty- (30) days written notice to the other party. 12. Removal of improvements. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within thirty (30) days of written request by the City, remove any and all personal property placed or erected on the premises, during the term thereof, or any renewal thereof, and all expense connected with such removal shall be borne by Lessee. The City shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than thirty (30) days after termination of this Lease. 13. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition, in the use occupancy, or enjoyment of the premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices or discrimination or segregation with reference to the selection, location, number, use, or occupancy of users in the premises. 5 14. Waiver. The failure or omission of the City to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way deemed to be a consent by the City to such violation and shall in no way bar, stop or prevent the City from terminating this Lease thereafter, either for such or for any subsequent violation of such term, condition or covenant. 15. Signs. Lessee agrees that no sign, advertisement, or notice shall be inscribed, painted or affixed on or to any part or portion of the outside of the premises except to be of such type, color, size and style, and in such place as may approved by the City of National City. 16. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any assessed during the term of this Lease pursuant to 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the premises. 17. Prohibited Activities of Lessee. It is specifically prohibited for Lessee to sponsor, engage in, or permit any of the following activities upon the premises. a. Outdoor live or broadcast entertainment, music, dancing, arcades, or carnival type attractions or rides without a valid Temporary Use Permit (TUP) issued by the City of National City. b. Consumption of alcoholic beverages, unless prior written approval of the City Council and the State Department of Alcoholic Beverage Control is first obtained. c. Smoking inside the building. 6 18. Notice. Notices pursuant to this Lease shall be by personal delivery or by deposit in the United States Postal Service, first-class, postage -prepaid, and addressed as follows: Lessee: NATIONAL CITY ADULT SCHOOL A DIVISION OF THE SWEETWATER UNION HIGH SCHOOL DISTRICT Attn: Barry Dragon Chief Financial Officer 1130 Fifth Street Chula Vista, California 91911 City: CITY OF NATIONAL CITY Attn: Tom McCabe, City Manager 1243 National City Boulevard National City, CA 91950 19. Compliance with all Laws and Ordinance. Lessee and City shall at all times comply with all provisions of applicable state and federal laws, all City rules and regulations, and the ordinances of the City of National City. 20. Validity. The invalidity in whole or part, of any provisions of this Lease, shall not affect the validity of any other provisions hereof. 21. Complete Lease. This Lease contains the complete and entire Lease between the parties and supersedes any previous communications, representations, or agreements, whether verbal or written, with respect to this subject matter. No change, addition, or modification of any of the terms or conditions of this Lease shall be valid or binding on the parties, unless in writing and signed by the parties. • 22. Assignment. Lessee shall not assign or transfer this Lease, or any part thereof, without the written consent of the City. IN WITNESS WHEREOF, this Lease has been entered into on the date first above written. THE CITY OF NATIONAL CITY BY BY: Mayor George H. Waters NATIONAL CITY ADULT SCHOOL, A DIVISION OF THE SWEETWATER UNION SCHOOL DISTRICT Barry Dragon Chief Financial Officer APPROVED AS TO FORM: George H. Eiser, III City Attorney 8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19 , 2002 6 AGENDA ITEM NO. ITEM TITLE RESOLUTION TO AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO,A MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL SCHOOL DISTRICT FOR THE JOINT FUNDING OF A D.A.R.E./J.O.G./SCHOOL RESOURCE OFFICER FOR FOUR YEARS, AS REQUIRED BY THE COPS IN SCHOOLS FEDERAL GRANT. PREPARED BY Skip DiCerchio, Chief 1 fS DEPARTMENT , Police EXPLANATION Jose Tellez, Sergeant The National City Police Department was recently awarded a "Cops in Schools" Grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS). COPS in Schools provides direct grants to agencies and jurisdictions to hire or rehire additional new School Resource Officers to be deployed to work in and around schools as part of an overall plan to address crime and related problems through conimunity policing. The grant awarded would help fund the hiring of one full-time police officer to work as a School Resource Officer in the elementary schools of the National School District. The officer would be assigned to the schools where we currently have one officer assigned to twelve schools. With the hiring of an additional officer, each officer will be assigned to five schools each, thus providing additional coverage in the elementary schools. In addition to providing general police services to the schools, the officers will provide the instruction of the D.A.R.E. and J.O.G. (Juvenile Out of Gangs) curriculum to their assigned schools. The School Resource Officer currently in the elementary schools is funded in part by the National School District, Sweetwater Union High School District, and the City of National City. The position will be funded by the grant source, the National School District and the City of National City for a period of three years. The City will gradually increase. their funding throughout the period and must wholly fund the position by the end of the three-year grant period for at least one fiscal year. Environmental Review IFX N/A Financial Statement If this resolution is approved the City of National City will receive funds in the amount of $ 29,994 from the National School District. Account No. STAFF RECOMMENDATION Approve the Resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 2002-166 Memorandum of Understanding from the National School District A-200 (Red. 9/801 COUNCIL AGENDA STATEMENT RESOLUTION -COPS IN SCHOOLS GRANT PROGRAM Page 2 Under the conditions of the COPS In Schools Grant and the proposed MOU with the National School District the School Resource Officer will be assigned on a full time basis to the elementary schools. The funding of the position will be as follows. Funding Year One Year Two Year Three Year Four Total Source 2003 2004 2005 2006 1. Grant $ 45,000 $ 42,000 $ 38,000 $ 0 $ 125,000 Source 2. City $ 2,771 $ 8,433 $ 18,200 $ 69,282 $ 98,686 Contribution 3. In Kind $ 9,998 $ 9,998 $ 9,998 $ 0 $ 29,994 Contributions (National School Dist.) TOTAL $ 57,769 $ 60,431 $ 66,198 $ 69,282 $ 253,680 The proposed MOU with the National School District would be retroactive to October 29, 2002. Approval of the resolution would enable the Chief of Police to enter into the MOU with the National School District as required by the COPS In Schools Grant. RESOLUTION NO. 2002 -166 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF AD.ARE./J.O.GJSCHOOL RESOURCE OFFICER FOR FOUR YEARS, AS REQUIRED BY THE COPS IN SCHOOLS :FEDERAL GRANT WHEREAS, the National City Police Department was recently awarded a "Cops in Schools" Gant from the U.S. Department of Justice, Office of Community Oriented Policing Services ("COPS") to hire or rehire an additional new School Resource Officer to be deployed to work in and around schools as part of an overall plan to address crime and related problems through community policing; and WHEREAS, in addition to providing general police services to the schools, the officer will provide the instruction of the DARE. and J.O.G. (Juvenile Out of Gangs) curriculum; and WHEREAS, the School Resource Officer position will be funded by the grant source, the National School District and the City of National City for a period of three (3) years, with the City gradually increasing their funding throughout the three-year period and wholly funding the position by the end of the three-year grant period for at least one fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute a Memorandum of Understanding between the City of National City and the National School District for the joint funding of a DARE./J.O.G/School Resource Officer for a total of four (4) years, as required by the COPS in Schools Federal Grant. Said Memorandum of Understanding is on file in the Office of the City Clerk. PASSED and ADOP 1ED this 19th day of November, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: tkaz George H. Eiser, III City Attorney COPS in Schools Grant Program Memorandum of Understanding Between National School District And City of National City Mission Statement The mission of the National City Police Department and the National School District is to protect the welfare of all students in the elementary schools. We will create a positive learning environment by providing safe and secure campuses. We will accomplish these tasks through community oriented policing, public education, and by increasing the police presence on school campuses. Ensuring the safety of students and staff on school campuses in the City of National City is a priority to the school administration of the National School District and the National City Police Department. Campus security is enhanced by the presence of police officers. Having police officers on campus will also create a positive environment for interaction between police officers and youth in the community. Establishing positive relations and a meaningful partnership between the School District and the Police Department will ensure a positive learning environment for elementary school students. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide the presence of a police officer on campus to help maintain a secure environment. A. National School District's Role and Responsibility 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents, and the community. Memorandum of Understanding Page 2 B. National City Police Department's Role and Responsibility 1. Provide one uniformed officer to elementary school sites. 2. To work with school staff in matters of mutual concern regarding student and staff, campus security, and those matters that require police involvement. 3. To provide prevention and intervention by: • Developing student and faculty presentations on law related issues • Attend parent conferences/meetings • Attend Student Attendance Review Board (S.A.R.B.) meetings • Schedule security for school activities as needed 4. To continue to work with community social agencies on issues that affect students arid/or• their families. 5. To continue training National City Police Department personnel assigned to the school sites. C. School Liaison Officer -General Duties The school liaison officer will perform general law enforcement duties and educational training in the following areas: • Campus intrusion • Assaults and batteries on campus • Gang related crimes and violence • Weapons on campus • Alcohol and drugs on campus • Truancy • Schedule and conduct educational presentations to students, staff, parents, and the community regarding drugs, gangs, conflict resolution, and law related issues. When available and depending on the need of a particular school, the school liaison officer will supervise the nutrition and lunch period, and after school dismissal. Memorandum of Understanding Page 3 D. Desired Outcomes The primary responsibility of the liaison police officer will be campus safety however the officer will provide needed services to related issues that impact the welfare and safety of students and faculty. The school liaison officer will also have the opportunity to network with social and educational providers from the Family Resource Centers located on two of elementary school campuses. These Centers provide training/assistance for families in the areas of parenting, domestic violence prevention, group support, mentoring, and job skills. As part of their services, the Center has staff from Children Protection Services and the Community Assessment Team to identify at risk youth. Through the networking process, the officer will be better able to. make full use of resources available in the community. In doing so, the Police Department becomes a partner in the collaborative effort of social agencies that are working to address problems in the community. The desired outcome of this program is the following: 1. To address crime and disorder problems, gangs, and drug activities affecting or occurring in or around the National School District campuses. 2. To develop and, expand crime prevention efforts for students. 3. To educate likely school age victims in crime prevention and safety. 4. To educate youth, faculty, parents in drug abuse and gang awareness. 5. To educate student on strategies for conflict resolution and crime awareness. 6. Assist in developing school policy that addresses crime and recommend procedural changes. 7. To enhance the National Police Department's community policing efforts by creating partnerships with . the National School District and social/educational service providers that work with school age children, their families, and the community in general. E. Funding and Grant Administration Under this agreement, the National School District, the National City Police Department, and the City of National City agree to the following financial terms of the grant. Memorandum of Understanding Page 4 Funding Year One Year Two Year Three Year Four Total Sources 2003 2004 2005 2006 A..Grant or foundation resources $ 45,000 $ 42,000 $ 38, 000 $ 0 (N/A) $ 125,000 B..City contribution $ 2,771 $ 8,433 $ 18,200 $ 69,282H $ 98,686 C.National School Dist $ 9,998 $ 9,998 $ 9,998 $ 0 $ 29,994 (In Kind) TOTAL $ 57,769 $ 60,431 $ 66,198 $ 69,282 $ 253,680 COST (Step A) (Step B) (Step C) (Step D) The COPS in Schools Grant does not entirely cover the salary for the school liaison officer for the three years of the grant. It is the intention of the National City Police Department to seek additional funds to supplement the City's contribution to the program in the year(s) 2003-2005. Under this agreement the National School District will remit $ 29,994, payable to the Finance Director of the City of National City. Payment of the National School District's contribution will be as follows: The National School District will remit the City of National City $ 9,998, each year, for the three years that the COPS in Schools Grant is in effect The School District's contributions are as follows: 1) Year, One: $ 9,998 total. One half of this amount, or $ 4,999, will be paid no later than January 1, 2003. The remaining half, or $ 4,999, will be paid no later than May 1, 2003. 2) Year Two: $ 9,998 total. One half of this amount, or $ 4,999, will be paid no later than January 1, 2004.. The remaining half, or $ 4,999, will be paid no later than May 1, 2004. 3) Year Three: $ 9,998 total. One half of this amount, or $ 4,999, will be paid no later than January 1, 2005. The remaining half, or $ 4,999, will be paid no later than May 1, 2005. Memorandum of Understanding Page 5 The City of National City will be responsible for wholly funding the position for the fourth year required by the grant. The National School District may also assist with funding at the end of the grant period, but is not obligated to. The City of National City and the School District agree to discuss payment of the School District's contributions upon the grant being awarded. The School District contributions are based on current police officers salary. These figures are subject to change based on the time that the grant is awarded and potential salary increases negotiated by the National City Police Officers Association. It will be the responsibility of the National City Police Department to complete the annual progress reports and quarterly financial status reports required by the grant. It will be the responsibility of the National City Police Department, specifically the Operations Support Lieutenant, to administer the program and manage the grant. It will be the responsibility of the National School District's representative to determine and develop the officers duties within the scope of the desired outcomes listed' on page three: The Operations Support Lieutenant and the National School District representative will communicate on a quarterly basis and share information regarding the program's progress. A quarterly report will be completed by the Police Department and will be provided to the School District regarding the school officer's activities as they relate to: actual time spent at the school sites, presentations conducted, curriculum taught, and statistics regarding general enforcement activities. In order to provide an accurate account of the officer's time he/she will be required to maintain a daily log of activities. The logs will be kept at the Police Department for the purposes of program reporting. E. Organization Capacity The National City Police Department has taken progressive steps to implement units that promote the community oriented policing philosophy of the organization. The school liaison officer employed through the COPS in Schools Grant will be, assigned to the Police Department's Community Services Bureau, in conjunction with the D.A.R.E. program that also operates out of the unit. While assigned to the Community Services Bureau, the officer's immediate supervisor will be the Sergeant assigned to the unit. In the Sergeant's absence, the officer will report to the Operations Support Lieutenant in accordance to the Police Department's policies and procedures regarding chain of command. Memorandum of Understanding Page 6 While in the capacity of a school liaison officer, the police officer performing the assignment will be in police imifonn and have discretion and decisicni-making authority while performing general law enforcement at the schools. Per the National City Police Department's policy, the school liaison officer will have freedom and authority to make decisions and choices. Sworn, members of the Department ,have the discretion to make choices and must make the appropriate decision based on the following: • Evaluate the circumstances • Consider the available resources • •Rely on: Training • Department Rules and Regulations Department Operating Procedures Statutory law Supervision The school liaison officer will be assigned to the• elementary schools under the jurisdiction of National School District exclusively, for the purposes of providing general law enforcement services and instruction to those schools. The officer will not have obligations in addition to or outside the course of a school liaison officer in order to maximize their presence at each school site. The officer will be assigned to the grant position on October 29, 2002. This Memorandum of Understanding shall be effective October 29, 2002, and shall remain in effect until December 31, 2006. This Memorandum of Understanding will remain in effect for the three years of the program and will apply to the fourth year, as required by the grant. A. L. DiCerchio • Geo eron, Ed. D. Chief of Police • District Superintendent National City Police Dept. National School District City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2002 7 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING INCREASE IN RESERVE POLICE OFFICER UNIFORM ALLOWANCE AND EXPENSE REIMBURSEMENT PREPARED BY SKIP DiCERCHIO POLICE �DEPARTMENT CHIEF OF POLICE EXPLANATION The Reserve Uniform Allowance has been in existence for the past 22 years. Currently, $100 per month is reimbursed and is dispersed quarterly (see "Background" section attached for further details). Our proposal is to increase the monthly reimbursement from $100 to $200/300 per month, based on the number of hours the Reserve Police Officers work (see "Proposal" section attached for further details). Using the 2001 Police Reserve Quarterly Reports, we added up what each active Reserve Police Officer would have been reimbursed given the recommended increase. This estimate is based on eight Reserve Police Officers who volunteered a total of 3,625 hours from January 2001 through December 2001. The projected total amount of reserve reimbursement, based on this recommendation, would have cost $19,200. 3,625 hours of regular police overtime (Step E) would equate to $165,366.25. In comparison, even with the recommended increase in reimbursement, reserve services still save us a significant amount of money. Last year's (2001 January -December) actual reserve reimbursement totaled $10,300.00. If you compare last year's actual expenditure of $10, 300.00 with the projected expenditure for one year using the recommended increase, the cost would only be $19,200. Environmental Review )QC N/A Financial Statement The proposed increase would be covered by the expected salary savings in the Personnel Services Budget #001-411-000-110-0000 Account N STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below } Resolution NrZ002-167 A-200 (9/80) RESOLUTION AUTHORIZING INCREASE IN RESERVE POLICE PAGE 2 OFFICER UNIFORM. ALLOWANCE AND EXPENSE REIMBURSEMENT BACKGROUND: The uniform allowance is intended to offset the costs of purchasing, cleaning and maintenance of uniforms. The uniform allowance also assists in offsetting the cost of transportation expenses and costs of telecommunications like pagers and cell phones so they can be reached when called upon. Reserve Police Officers are reimbursed based on their month participation. A Reserve Police Officer must work a minimum of 20 hours per month to qualify for reimbursement funds. The Police Reserve Organization was allotted 35 members at one time. Recent changes in hiring requirements by the Commission on Peace Officer Standards & Training (P.O.S.T.) and the lack of qualified applicants have resulted in the reduction of Reserve Police Officers to the current number of seven. An important component of the Police Department's recruiting efforts to lure more applicants to apply as Reserve Police Officers are the reimbursement/uniform allowance program. Any increase in the Reserve reimbursement would greatly enhance the recruitment effort. Today's cost of living has increased across the board including those who work here with the National City Police Reserves. Gas prices alone cause concern for Reserves that travel to and from the police department two or three times a week to volunteer their time. PROPOSAL: Approve a resolution authorizing an increase in the base monthly Reserve Police Officer reimbursement from $100 per month to $200 per month for all officers that meet the 20 hours per month of required minimum service (less than $10.00 per hour). Increase reimbursement to $300 monthly for any Reserve Police Officer that works 40 or more hours per month, twice the minimum requirement. This increase is based on the premise that the more hours worked, the more costs are incurred for uniform wear, uniform cleaning, travel, meals and telecommunications. If this resolution is authorized, it will serve to offset the cost of inflation for uniforms and expenses since the reimbursement program began, and provide additional reimbursement for those reserves that provide significantly more service than the required monthly minimum. It will also assist us in the recruitment of additional Reserve Police Officers. RESOLUTION NO. 2002 —167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN INCREASE IN RESERVE POLICE OFFICER UNIFORM ALLOWANCE AND EXPENSE REIMBURSEMENT WHEREAS, the Reserve Police Officer uniform allowance is intended to offset the cost of purchasing, cleaning and maintenance of uniforms, and assists in offsetting the cost of transportation expenses as well as telecommunication equipment such as pagers and cell phones so they can be reached when called upon; and WHEREAS, the reimbursement/uniform allowance program is an important component of the Police Department's recruiting efforts to encourage more applicants to apply as Reserve. Police Officers; and WHEREAS, the Police Department desires to increase the base monthly Reserve Police Officer reimbursement from $100 per month to $200 permonth for allofficers who meet the 20 hours per month of required minimum service, and increase reimbursement to $300 per month for any reserve police officer who works 40 or more hours per month. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an increase in Reserve Police Officer uniform allowance and expenses reimbursement to $200 per month for all officers who meet the 20 hours per month of required minimum service, and to $300 per month for all officers who work 40 or more hours per month. PASSED and ADOPTED this 191 day of November, 2002. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 192002 AGENDA ITEM NO. 8 ("ITEM TITLE WARRANT REGISTER #16 PREPARED BY R. Palazo DEPARTMENT Finance EXPLANATION Ratification of Warrant Register #16 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. N/A Approved By Finance D'1' or Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 975,974.07. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #15 2. Workers Comp Warrant Register dated 10/09/02 3. Payroll Warrant Register dated 10/09/02 Resolution No. A-200 )9: 99) City. of National City, California COUNCIL AGENDA STATEMENT 'FETING DATE November19 a 2002 AGENDA ITEM NO. 9 (-ITEM TITLE WARRANT REGISTER #17 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #17 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By:� /! )771 Finance Director Account No. STAFF RECOMMENDATION 4.7 I recommend ratification of these warrants for a total of $ 248,423.85. ).7'2. - /_ . BOARD / COMMISSION,1RECOMMENDATION ATTACHMENTS ( Listed Below j 1. Warrant Register #17 2. Workers Comp Warrant Register dated 10/16/02 Resolution No. A-200 (9.99) EETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 19, 2002 AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #18 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #18 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finance Dirac Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,125,130.08. % 2-j 11 BOARD / COMMISSION RE OMMENDATION tt1hGl42; ATTACHMENTS t Listed Below ) 1. Warrant Register #18 2. Workers Comp Warrant Register dated 10/23/02 3. Payroll Warrant Register dated 10/23/02 A-200 (9: 99) Resolution No. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 19, 2002 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #19 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #1.9 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 251,313.84. BOARD I. COMMISSIO RECOMMENDATION e Director ATTACHMENTS ( Listed Below ) 1. Warrant Register #19 2. Workers Comp Warrant Register dated 10/30/02 Resolution No. A-200 i9. 991 City of National City, California COUNCIL AGENDA STATEMENT cEETENG DATE December 03, 2002 AGENDA ITEM NO. 12 (ITEM TITLE WARRANT REGISTER #20 I - PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #20 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved B . V °• Financeector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,463,042.33. BOARD / COMMISSION RECOMMENDATION �j jI ��p d i rt /J'Gt!'/2-/3'C�/5/S- .��e''ucc�'�'`�f✓z'- / ' ATTACHMENTS ( Listed Below ) 1. Warrant Register #20 2. Workers Comp Warrant Register dated 11/06/02 3. Payroll Warrant Register dated 11/06/02 fiod Resolution No. A-200 (9. 99) r City of National City, California COUNCIL AGENDA STATEMENT EETING DATE 11/19/02 AGENDA ITEM NO. 13 / ITEM TITLE STREET TREE COMMITTEE MINUTES. C PREPARED BY Jim Ruiz EXPLANATION Street Tree Removals: DEPARTMENT Parks & Recreation 238 East 2nd Street Requests removal of 1 tree because the roots are breaking up the concrete on the inside of the property. Committee denies request for tree removal, but refers repair of city sidewalk to appropriate city department. 1636 Alpha. Street Requests removal of 1 tree because the roots are lifting up the sidewalk and a brick wall. The roots are also going into the plumbing pipes. Committee recommends removal upon payment of $50 for replacement tree. 821 East 2nd Street Requests removal of 3 trees because they are dry, or are drying up, lifting up the sidewalk and are a safety hazard. Committee recommends removal upon payment of $150 for replacement trees. Environmental Review x N/A Financial Statement Approved By: Replacement funds available in Acct. #105-442-000-331-0000. Finance Director Account No. STAFF RECOMMENDATION Approve minutes. BOARD / COMMISSION RECOMMENDATION Approve minutes. ATTACHMENTS ( Listed Below i Resolution No. Minutes. A-200 (9+99) City of National City Parks and Recreation Department 140 East Twelfth Street, Suite A, National City, CA 91950-3312 (619) 336-4290 MINUTES OF THE STREET TREE COMMITTEE MEETING HELD ON OCTOBER 17, 2002 ♦ Called to order at 2:00 p.m. • Present: Cesefia, Keen, Howrey-Colmenero, and Schwitkis; Staff: Diaz. • Absent: Morales ♦ Tree Removal Requests: Hector Rojas 238 East 2nd Street Requests removal of 1 tree because the roots are breaking the concrete on the inside of the property. Committee denies request for tree removal, but refers repairs of city sidewalk to appropriate city department. Kerrie Ortiz 1636 Alpha Street Requests removal of 1 tree because the roots are lifting up the sidewalk and a brick wall. The roots are also going into the plumbing pipes. Committee recommends removal upon payment of $50 for replacement tree. Jose Arias Highland & 2"d , LLC 821 East 2"d Street Requests removal of 3 trees because they are dry, or are drying up, lifting up the sidewalk and are a safety hazard. Committee recommends removal upon payment of $150 for replacement trees. • Adjourned at 2:20 p.m. Parks Superintendent Recycled Paper City of National City COUNCIL AGENDA STATEMENT MEETING DATE: November 19, 2002 - AGENDA ITEM NO. 14 ITEM TITLE: Declaring 2501 Cleveland Avenue a Public Nuisance under California Civil Code Sections 3479 and 3480 for purposes of California Public R urces Code 30005(b)(2001) PREPARED BY: Paul Desroche Executive Direct The CDC since taking possession of the pro has experienced several situations, which have resulted in a threat to human health and safety. The building has been boarded up on several occasions to try and abate the risk but to no avail. The building is n com- plete disrepair and repeatedly is the location of drug activity, prostitution, graffiti and transient housing. The graffiti is"indecent and offensive" to the senses while the activity of transients, prostitutes and drug activity interfere with the publics ability for the enjoyment of life or property surrounding the site. On October 30, 2002 representatives from the Building, Planning and Fire De- partment went on an inspection of the building documenting many violations which present a risk to human health and safety. In addition, the Fire Department has wasted considerable resources in the past due to transients starting fires in and around the struc- ture taking away from their ability to service the public at large. The violations noted are too extensive and expensive to repair, and repairs are unwarranted because the building is proposed to be demolished in the future. There is substantial case law, which speaks to the definition of a nuisance. For example, Shields v. Wondries (1957) indicates that "nuisance cannot be defined by any fixed rule; it depends on factors of each case, such as nature of use, extent and frequency of injury, effect on the enjoyment. of health and property and other similar factors." Further, under Bakersfield v. Miller (1966). it states " it being clearly within the City's statutory powers to declare that building violating code in ways directly affecting public's health and safety was a nuisance". The CDC is clearly concerned over the public's health and safety as it relates to this building and the ongoing illegal activity surrounding it and request that it be declared a Public Nuisance. California Civil Code section 3479 defines a "nuisance" as "anything which is injurious to health... Or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of property." Civil code section 3480 defines a public nuisance as "one which affects of the same time an entire community or neighborhood, or any consid- erable number of persons." California public Resources code section 30005 (b) provides that the California Coastal Act does not limit a city's power to abate a public nuisance. Pursuant to. Section XIX.F.7 of the National City Local Coastal Plan Implemeitation, adopted ordinace No.1994 on August 21, 1990, as amended, any action to abate a public nuisance is exempt from the requirement of obtaining a coastal development permit. Accordingly, approval of the proposed resolution would facilitate demolition of the improvements at 2501 Cleveland Avenue without first obtaining a costal development permit DEPARTMENT Community Development Commission Environmental Review Financial Statement Not applicable X N/A STAFF RECOMMENDATION Approve above referenced resolution. BOARD/COMMISSION RECOMMENDATION Not applicable ATTACHMENTS (Listed Below) Not applicable 2002-168 Resolution No. RESOLUTION NO. 2002 —168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDING AND DECLARING THE PROPERTY LOCATED AT 2501 CLEVELAND AVENUE A PUBLIC NUISANCE UNDER CALIFORNIA CIVIL CODE SECTIONS 3479 AND 3480, AND CALIFORNIA PUBLIC RESOURCES CODE SECTION 30005(b) WHEREAS, the Community Development Commission of the City of National City recently acquired the property commonly known as 2501 Cleveland Avenue, National City, California for redevelopment purposes; and WHEREAS, on October 30, 2002, representatives from Building and Safety, Planning and Fire Departments inspected the subject building documenting numerous conditions that present a risk to human health and safety, and are indecent or offensive to the senses, and interfere with the comfortable enjoyment of property, all of which conditions constitute a public nuisance under California civil Code Sections 3479 and 3480; and WHEREAS, the conditions noted are too extensive and expensive to repair, and repairs are unwarranted because the building on the property is proposed to be demolished in the near future; and WHEREAS, pursuant to Section XIX.F.7. of the National City Local Coastal Plan Implementation adopted by Ordinance No. 1994 on August 21, 1990, as amended, every action to abate a public nuisance is exempt from the requirement of obtaining a costal development permit and accordingly, it is proposed that the building on the property be demolished without obtaining said permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and declares theproperty commonly known as 2501 Cleveland Avenue to be .a public nuisance under California Civil Code Sections 3479 and 3480, and California Public Resources Code 30005(b), for the purposes of Section XIX.F.7. of the National City Local Coastal Plan Implementation. PASSED and ADOPTED this 191 day of November, 2002. ATTEST: Michael R. Dalla, City Clerk George H. Waters, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney QIEETING DATE City of National City, California COUNCIL AGENDA STATEMENT URGENCY ORDINANCE November 19, 2002 AGENDA ITEM NO. 15 /ITEM TITLE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN PREPARED BY Stephen Kirkpatrick EXPLANATION See attached explanation DEPARTMENT Public Works/Engineering Environmental Review x N/A Financial Statement Approved By: Since it has not yet been determined exactly how to implement the SUSMP,�Finance Director the cost cannot be estimated at this time, but cost could prove to be substantial. Each department will have to budget for their requirements i ture dget years.jir Account No. 0114 STAFF RECOMMENDATION Approve the Urgency Ordina BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Urgency Ordinance 2. City of National City Jurisdictional SUSMP Resolution No. A-200 (9.99) Explanation: A component of the municipal stormwater National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01, NPDES No. CAS0108758, hereinafter referred to as "Municipal Permit") issued to San Diego County, the Port of San Diego, and 18 cities (Copermittees) by the San Diego Regional Water Quality Control Board (Regional Board) on February 21, 2001, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. The program has been called a Standard Urban Stormwater Mitigation Plan, or SUSMP. In order to achieve this component of the permit, a model SUSMP was developed collectively by the various agencies to address post -construction urban runoff pollution from new development and redevelopment projects that fall under "priority project" categories. The goal of the model SUSMP is to develop and implement practicable policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates and velocities. This goal may be achieved through site -specific controls and/or drainage area -based or shared structural treatment controls. The model SUSMP identifies appropriate Best Management Practices (BMPs) for certain designated project. types - to achieve this goal. In approving the model document, the Regional Water Quality Control Board has -required each Copermittee to approve a jurisdictional SUSMP within 180 days of the June 12, 2002 approval date. This implies a December 12, 2002 deadline. The Regional Board was also quite clear that the SUSMP must be based on the "Model SUSMP." It is also clear from meetings, staff presentations and the minutes approving the "Model SUSMP" that the Regional Water Quality Control Board considers the "Model SUSMP" a minimum plan outline. Every Copermittee's plan is to meet the minimum requirements in their own implementation of a specific jurisdictional SUSMP in order to meet this permit requirement. The City of National City has taken the model and developed its own SUSMP, which is attached. Also attached is a copy of the proposed Urgency Ordinance of the City Council of the City of National City adopting the Standard Urban Runoff Mitigation Plan. As stated in the Urgency Ordinance the implementation of the SUSMP will require effort by most City Departments. Ordinances, Codes, design review guidelines, and policies will have to be modified to allow the implementation of the SUSMP. This will take some time and coordination. Public Works/Engineering will take the lead in this effort and reconvene the Development Services Group to ensure that the most appropriate department implements each requirement of the SUSMP. ORDINANCE NO.2002 — , AN I Y ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE STANDARD URBAN STORMWATER MITIGATION PLAN WHEREAS, the City Council finds that the provisions for managing urban stormwater runoff are a matter of immediate concern and importance to the City as a matter affecting the publichealth and safety; and WHEREAS, other public jurisdictions in the County of San Diego are currently in the process of adopting programs for urban stormwater runoff management, and the unified efforts of all jurisdictions in a uniform, immediate manner is therefore imperative for improving water quality; and WHEREAS, the adoption of such programs is of an urgent nature for the immediate preservation of public health and safety. NOW, THEREFORE, the City Council of the City of National City does hereby ordain as follows: Section 1. Adoption of Standard Urban Stormwater Mitigation Plan. The City Council of the City of National City adopts the Standard Urban Stormwater Mitigation Plan attached hereto as Appendix "A", hereafter abbreviated as "SUSMP", as the City of National City's program for management of stormwater runoff. A copy of Appendix "A" shall be kept on file in the Office of the City Engineer. Section 2. Implementation and Administration. All City departments, under the direction of the City Manager, shall implement, administer and enforce the provisions of the SUSMP, and shall modify their administrative procedures for permit issuance and plan approvals accordingly. In case of conflict between a provision of the Municipal Code and the SUSMP, the SUSMP shall take precedence, unless the City Manager determines that compliance is impossible, impractical or is not in the public's best interest. In this event, the City Manager shall immediately advise the City Council and recommend appropriate measures for resolution. Section 3. Departmental Review. To the extent not already provided for, City department directors under the direction of the City Manager will review and propose amendments to the Municipal Code that are or may become necessary for the further implementation of the SUSMP. Section 4. Criminal and Administrative Enforcement. The mandatory provisions and prohibitions of the SUSMP shall be enforceable as misdemeanors pursuant to Section 1.20.010 of the Municipal Code, and administrative penalties may be imposed in accordance with Chapters 1.44 or 1.48 of the Municipal Code, as appropriate. Ordinance No. 2002 — Page Two Section 5. Urgency Adoption. This ordinance, being found necessary for the immediate preservation of public health and safety, is therefore adopted as an urgency ordinance pursuant to Government Code section 36937 by a vote of at least four -fifths of the City Council and it shall therefore be effective immediately upon its adoption. Section 6. Reintroduction as Regular Ordinance. This ordinance shall be placed on the City Council Agenda for a second reading for adoption in due course, and when it becomes effective the emergency ordinance adopted through Section 5 is repealed and shall be of no further force and effect. PASSED and ADOPl..ED this day of , 2002. George H. Waters, Mayor AIThST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, ifi City Attorney NATIONAL CITY URBAN STORMWATER 1VIITIGATION PLAN I. BACKGROUND The municipal storm water National Pollutant Discharge Elimination System (NPDES) permit (Order No. 2001-01, NPDES No. CAS0108758, hereinafter referred to as "Municipal Permit"). issued to San Diego County, the Port of San Diego, and 18 cities. (Copermittees) by the San Diego Regional Water Quality Control Board (Regional Board) on February 21, 2001, requires the development and implementation of a program addressing urban runoff pollution issues in development planning for public and private projects. The requirement to implement a program for development planning is based on federal and state statutes including: Section 402 (p) of the Clean Water Act, Section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 ("CZARA"), and the California Water Code. The Clean Water Act amendments of 1987 established a framework for regulating urban runoff discharges from municipal, industrial, and construction activities under the NPDES program. The Municipal Permit requires the implementation of a Jurisdictional Urban RunoffManagement Program (URIVIP). The primary objectives of the Jurisdictional URMP requirements are to: 1. Ensure that discharges from municipal urban runoff conveyance systems do not cause or contribute to a violation of water quality standards; 2. Effectively prohibit non storm water discharges in urban runoff; and 3. Reduce the discharge of pollutants from urban runoff conveyance systems to the Maximum Extent Practicable (MEP statutory standard). II. SUMMARY The Model Standard Urban Storm Water Mitigation Plan (SUSMP) was developed, to address post -construction urban runoff pollution from new development and redevelopment projects that fall under "priority project" categories. The goal of the Model SUSMP is to develop and implement practicable policies to ensure to the maximum extent practicable that development does not increase pollutant loads from a project site and considers urban runoff flow rates and velocities. This goal may be achieved through site -specific controls and/or drainage area -based or shared structural treatment controls. The Model SUSMP identifies appropriate Best Management Practices (BMPs) for certain designated project types to achieve this goal. National City's SUSMP will be reviewed and approved by National City's City Council in a public process 1 Under the Local SUSMP, National City will approve SUSMP project plan(s) as part of the development plan approval process for discretionary projects, and prior to issuing permits for ministerial projects. To allow flexibility in meeting SUSMP design standards, structural treatment control BMPs may be located on or off -site, used singly or in combination, or shared by multiple developments, provided certain conditions are met. All new development and significant redevelopment projects that fall into one of the following "priority project" categories are subject to these SUSMP requirements, subject to the lawful prior approval provisions of the Municipal Permit. In the instance where a project feature, such as a parking lot, falls into a priority project category, the entire project footprint is subject to these SUSMP requirements. These "Project Priority Categories" are: ❑ Residential development of more than 100 units ❑ Residential development of 10 to 99 units ❑ Commercial development greater than 100,000 square feet ❑ Automotive repair shops ❑ Restaurants ❑ Hillside development greater than 5,000 square feet ❑ Projects discharging to receiving waters within Environmentally Sensitive Areas o Parking Lots > 5,000 square feet or with > 15 parking spaces and potentially exposed to urban runoff o Streets, roads, highways, and freeways which would create a new paved surface that is 5,000 square feet or greater. Limited Exclusion: Trenching and resurfacing work associatedwith utility projects are not considered priority projects. Parking lots, buildings and other structures associated with utility projects are subject to SUSMP requirements if one or more of the criteria for the above categories are met. III. DEFINITIONS ❑ "Attached Residential Development" means any development that provides 10 or more residential units that share an interior./exterior wall. This category includes, but is not limited to: dormitories, condominiums and apartments. "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or,7536 7539. "Commercial Development" means any development on private land that is not. exclusively heavy industrial or residential uses: The category includes, but is not limited to: mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses, hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, car wash facilities, and other light industrial complexes. ❑ "Commercial Development greater than 100,000 square feet" means any commercial development that with a project footprint of at least 100,000 square feet. o "Detached Residential Development" means any development that provides 10 or more freestanding residential units. This category includes, but isnot limited to: detached homes, such as single-family homes and detached condominiums. ❑ "Directly Connected Impervious Area (DICTA)" means the area covered by a building, impermeable pavement, and/ or other impervious surfaces, which drains directly into the storm drain without first flowing across permeable vegetated land area (e.g., lawns). ❑ "Environmentally Sensitive Areas" means areas that include, but are not limited to, all Clean Water Act 303(d) impaired water bodies ("303[d] water bodies"); areas designated as an "Area of Special Biological Significance" (ASBS) by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated as having a RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments), or areas designated as preserves or their equivalent under the Multiple Species Conservation Program (MSCP) within the Cities and County of San Diego. The limits of Areas of Special Biological Significance are those defined in the Water Quality Control Plan for the San Diego Basin (1994 and amendments). Environmentally sensitive area is defined for the purposes of implementing SUSMP requirements, and does not replace or supplement other environmental resource -based terms, such as "Environmentally Sensitive Lands," employed by Copermittees in their land development review processes. As appropriate, National City will distinguish between environmentally sensitive area and other similar terms in its SUSMP. ❑ "Hillside" means lands that have a natural gradient of 25 percent (4 feet of horizontal distance for every 1 foot of vertical distance) or greater and a minimum elevation differential of 50 feet, or a natural gradient of 200 percent (1 foot of horizontal distance for every 2 feet of vertical distance) or greater and a minimum elevation differential of 10 feet. ❑ "Hillside development greater than 5,000 square feet" means any development that would create more than 5,000 square feet of impervious surfaces in hillsides with known erosive soil conditions. ❑ "Infiltration" means the downward entry of water into the surface of the soil. ❑ Maximum Extent Practicable (MEP)" means the technology -based standard established by Congress in the Clean Water Act 402(p)(3)(B)(iii) that municipal dischargers of urban runoff must meet. MEP generally emphasizes pollution prevention and source control 3 BMPs primarily (as the first line of defense) in combination with treatment methods serving as a backup (additional lines of defense). ❑ "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, the creation of impervious surfaces; and land subdivision. ❑ "Parking Lot" means land area or facility for the temporary parking or storage of motor vehicles used personally, or for business or commerce. ❑ "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" means all development and significant redevelopment that would create 2,500 square feet of impervious surfaces or increase the area of imperviousness of a project site to 10% or more of its naturally occurring condition, and either discharge urban runoff to a receiving water within an environmentally sensitive area (where any portion of the project footprint is located within 200 feet of the environmentally sensitive area), or discharge to a receiving water within an environmentally sensitive area without mixing with flows from adjacent lands (where the project footprint is located more than 200 feet from the environmentally sensitive area). o "Project Footprint" means the limits of all grading and ground disturbance, including landscaping, associated with a project. o "Receiving Waters" means surface bodiesof water, which directly or indirectly receive discharges from urban runoff conveyance systems, including naturally occurring wetlands, streams (perennial, intermittent, and ephemeral (exhibiting bed, bank, and ordinary high water mark)), creeks, rivers, reservoirs, lakes, lagoons, estuaries, harbors, bays and the Pacific Ocean. National City will determine the definition for wetlands and the limits thereof for the purposes of this definition is as protective as the United States Environmental Protection Agency. Constructed wetlands are not considered wetlands under this definition, unless the wetlands were constructed as mitigation for habitat loss. Other constructed BMPs are not considered receiving waters under this definition, unless the BMP was originally constructed in receiving waters. o BMPs constructed in "Receiving Waters" may be used to satisfy SUSMP requirements if, but only if, that the Regional Board approves use. o "Residential Development" means any development on private land that provides living accommodations for one or more persons. This category includes, but is not limited to: single-family homes, multi -family homes, condominiums, and apartments. o "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (SIC code 5812). 4 ❑ "Significant Redevelopment" means development that would create or add at least 5,000 square feet of impervious surfaces on an already developed site. Significant redevelopment includes, but is not limited to: the expansion of a building footprint; addition to or replacement of a structure; replacement of an impervious surface that is not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Significant redevelopment does not include trenching and resurfacing associated with utility work, resurfacing and reconfiguring surface parking lots, new sidewalk, pedestrian ramps or bike lane construction on existing roads, and replacement of damaged pavement.. ❑ "Site Design BMP" means any project design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime. Redevelopment projects that are undertaken to remove pollutant sources (such as existing surface parking lots and other impervious surfaces) or to reduce the need for new roads and other impervious surfaces (as compared to conventional or low -density new development) by incorporating higher densities and/or mixed land uses into the project design, are also considered site design BMPs. ❑ "Source Control BMP (both structural and non-structural)" means land use or site planning practices, or structures that aim to prevent urban runoff pollution by reducing the potential for contaminationat the source of pollution. Source control BMPs minimize the contact between pollutants and urban runoff. Examples include roof structures over trash or material storage areas, and berms around fuel dispensing areas. ❑ "Storm Water Best Management Practice (BMP)" means any schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenanceprocedures, structural treatment BMPs, and other management practices to prevent or reduce to the maximum extent practicable the discharge of pollutants directly or indirectly to receiving waters. Storm Water BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage. This SUSMP groups storm water BMPs into the following categories: site design; source control; and treatment control (pollutant removal). ❑ "Storm Water Conveyance System" means private and public drainage facilities by which storm water may be conveyed to Receiving Waters, such as: natural drainages, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, or catch basins. ❑ "Streets, Roads, Highways, and Freeways" means any project that is not part of a routine maintenance activity, and would create a new paved surface that is 5,000 square feet or greater used for the transportation of automobiles, trucks, motorcycles and other vehicles. For the purposes of SUSMP requirements, Streets, Roads, Highways and Freeways do 5 not include trenching and resurfacing associated with utility work; applying asphalt overlay to existing pavement; new sidewalk, pedestrian ramps, or bike lane construction on existing roads; and replacement of damaged pavement. "Treatment Control (Structural) BMP" means any engineered system designed and constructed to remove pollutants from urban runoff Pollutant removal is achieved by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. IV. CONFLICTS WITH LOCAL PRACTICES OR MUNICIPAL PERMIT Where requirements of the local SUSMP conflict with established local codes, (e.g., specific language of signage used on storm drain stenciling), National City may continue the local practice and modify the SUSMP to be consistent with the code, except that to the extent that the standards in the SUSMP are more stringent than those under local codes, such more stringent standards shall apply. This SUSMP is based on the Municipal Permit as it was in force in January 2002, except as that Municipal Permit was directed to be revised by the State Water Resources Control Board. If as a result of court action any part of the Municipal Permit is invalidated, stayed, or required to be revised by a final judgment, National City's SUSMP and local ordinances maybe appropriately. IMPLEMENTATION PROCESS National City has identified the department(s) responsible for ensuring SUSMP requirements are implemented in its SUSMP, and the roles and responsibilities each department possesses. In addition, National City shall describe the point(s) in the development review process in which project proponents are required to incorporate SUSMP requirements into the project design. At a minimum, for discretionary projects, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to decision -maker approval of discretionary permits. For projects requiring only ministerial permits, SUSMP requirements shall be incorporated into the project design and shown on the plans prior to the issuance of any ministerial permits. National City's departments carrying out public projects that are not required to obtain permits shall be responsible for ensuring SUSMP requirements are incorporated into the project design and shown on the plans prior to bidding for construction contracts, or equivalent. For public projects SUSMP requirements must be incorporated into the project design and shown on the plans before allowing the project to commence. 6 . STORM WATER BMP SELECTION PROCEDURE Section VI provides a procedure for identifying a project's pollutants and conditions of concern, and addressing these through site design, source control, and treatment control storm water BMPs. All priority projects shall implement one or a combination of storm water BMPs, including, 1) site design BMPs, 2) source control BMPs and, 3) structural treatment BMPs after the pollutants and conditions of concern have been identified. Storm water BMPs, from those listed in Appendix A: "Approved Storm Water Best Management Practices", shall be considered and implemented where 'determined applicable and feasible by National City. It is recommended that the U.S. Environmental Protection Agency's "Preliminary Data Summary of Urban Runoff Best Management Practices" (August 1999, EPA-821-R-99-012) be used as a guide. The storm water BMPs shall adhere to the requirements in Section VI of this Model SUSMP, and shall be correctly designed so as to remove pollutants to the maximum extent practicable. A flow chart summarizing the storm water BMP selection procedure is -provided in Figure 1. Site Design Storm Water Treatment Credits National City agrees it may develop and submit for Regional Board review and approval a Site Design Storm Water Treatment Credits program that allows reductions in the volume or flow of storm water that must be captured or treated on a project in return for the inclusion of specified project design features in the project, and further agree that any such submittal shall be deemed to be a part of this Model SUSMP jointly submitted to the Regional Board for reviewand approval. Any such model program shall specify the conditions under which project proponents can be credited for the use of site design features and low impact development techniques that can reduce the volume of storm water runoff, preserve natural areas, and minimize the pollutant loads generated and potentially discharged from the site. Provided, however that if a method for determining site design credits is developed on a time schedule that will permit further National City review prior to submission to the Regional Board, that proposal shall first be submitted to the Copermittees and if agreed to by the Copermittees will be submitted to the Regional Board as a single regional model. Any Copermittee may adopt and implement a Storm Water Credit Program consistent with this model approved by the Regional Board. Alternative Methods for Achieving Treatment Requirements National City may propose analternative method for meeting the BMP requirements in Section VI.2.c, Step 8, "Design to Treatment Control BMP Standards," for inclusion in their jurisdictional SUSMP. An alternative method must minimally meet the following criteria: • The alternative treatment area shall be located within the proximity of the project; • The alternative treatment area shall discharge to the same receiving water as the project; The alternative treatment area shall be equivalent or greater than the project footprint; The alternative treatment area shall have an equivalent or greater impervious surface area than the project; • The alternative treatment area shall have an equivalent or greater pollutant load than the project; • Site Design and Source Control BMPs (Section VI.2.a & b) shall be required in the project design; • Alternative treatments shall be limited to redevelopment and/or infill-projects. National City may implement an alternative, method for no more than, three pilot projects within its jurisdiction during this permit cycle. For each project where an alternative method is implemented, the effectiveness of the alternative method shall be monitored and reported on to the Regional Board by the end of the permit cycle. 8 Figure 1. Storm Water BMP Selection Procedure Flow Chart 1. Identify Pollutants from proposed project - (Section VI.1.a) 2. Identify Pollutants & Conditions of Concern in Receiving Waters (Section VI.1.b) NO YES Project required to Implement: Would the Project Generate Pollutants or Conditions of Concern? • Site Design Source Control BMPs BMPs for Individual Categories Standard Treatment Control BMPs (Table 2) OR • Site Design Source Control BMPs • BMPs for Individual Categories Enhanced Treatment Control BMPs (Table 3) 9 1. IDENTIFY POLLUTANTS & CONDITIONS OF CONCERN Priority project proponents shall use this guidance to identify pollutants and conditions of concern, for which they need to mitigate or protect against. Once identified, appropriate control measures for these pollutants and conditions are specified in Section VI.2, "Establish Storm Water BMPs." Standard control measures are required based on pollutants commonly associated with the proposed project type (see Table 2, "Standard Storm Water BMP Selection Matrix"). Priority projects required to implement structural treatment control BMPs using the standard BMP selection procedure should use Table 3, "Enhanced Treatment Control BMP Selection Matrix," to aid in selecting the structural treatment BMP(s) from Appendix A that would have the greatest pollutant removal efficiency for projects. Enhanced control measures are required for projects anticipated to generate pollutants that are also identified as pollutants of concern in the project's downstream receiving water(s) (see Table 3). National City will incorporate the requirements listed in Sections VI.l.a-c in the procedure for identifying pollutants and conditions of concern in its SUSMP. For private priority projects, National City shall require the information to be provided with the project application prior to being deemed complete. For public priority projects, National City shall approve the information prior to bidding for construction contracts. General Categories of Water Pollution Urban runoff from a developed site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, pesticides, and pathogens to the storm water conveyance system and receiving waters. For the purposes of identifying pollutants of concern and associated storm water BMPs, pollutants are grouped in nine general categories as follows: 1. Sediments — Sediments are soils or other surficial materials eroded and then transported or deposited by the action of wind, water, ice, or gravity. Sediments can increase turbidity, clog fish gills, reduce spawning habitat, lower young aquatic organisms survival rates, smother bottom dwelling organisms, and suppress aquatic vegetation growth. 2. Nutrients — Nutrients are inorganic substances, such as nitrogen and phosphorus. They commonly exist in the form of mineral salts that are either dissolved or suspended in water. Primary sources of nutrients in urban runoff are fertilizers and eroded soils. Excessive discharge of nutrients to water bodies and streams can cause excessive aquatic algae and plant growth. Such excessive production, referred to as cultural eutrophication, may lead to excessive decay of organic matter in the water body, loss of oxygen in the water, release of toxins in sediment, and the eventual death of aquatic organisms. 3. Metals — Metals are raw material components in non-metal products such as fuels, adhesives, paints, and other coatings. Primary source of metal pollution in storm water are typically commercially available metals and metal products. Metals of concern include cadmium, chromium, copper, lead, mercury, and zinc. Lead and chromium have been used as corrosion inhibitors in primer coatings and cooling tower systems. At low concentrations naturally occurring in soil, metals are not toxic. However, at higher 10 concentrations, certain metals can be toxic to aquatic life. Humans can be impacted from contaminated groundwater resources, and bioaccumulation of metals in fish and shellfish. Environmental concerns, regarding the potential for release of metals to the environment, have already led to restricted metal usage in certain applications. 4. Organic Compounds - Organic compounds are carbon -based. Commercially available or naturally occurring organic compounds are found in pesticides, solvents, and hydrocarbons. Organic compounds can, at certain concentrations, indirectly or directly constitutea hazard to life or health. When rinsing off objects, toxic levels of solvents and cleaning compounds can be discharged to storm drains. Dirt, grease, and grime retained in the cleaning fluid or rinse water may also adsorb levels of organic compounds that are harmful or hazardous to aquatic life. 5. Trash & Debris Trash (such as paper, plastic, polystyrene packing foam, and aluminum materials) and biodegradable organic matter (such as leaves, grass cuttings, and food waste) are general waste products on the landscape. The presence of trash & debris may have a significant impact on the recreational value of a water body and aquatic habitat. Excess organic matter can create a high biochemical oxygen demand in a stream and thereby lower its water quality. Also, in areas where stagnant water exists, the presence of excess organic matter can promote septic conditions resulting in the growth of undesirable organisms and the release of odorous and hazardous compounds such as hydrogen sulfide. 6. Oxygen -Demanding Substances — This category includes biodegradable organic material as well as chemicals that react with dissolved oxygen in water to form other compounds. Proteins, carbohydrates, and fats are examples of biodegradable organic compounds. Compounds such as ammonia and hydrogen sulfide are examples of oxygen -demanding compounds. The oxygen demand of a substance can lead to depletion of dissolved oxygen in a water body and possibly the development of septic conditions. 7. Oil and Grease — Oil and grease are characterized as high -molecular weight organic compounds. Primary sources of oil and grease are petroleum hydrocarbon products, motor products from leaking vehicles, esters, oils, fats, waxes, and high molecular -weight fatty acids. Introduction of these pollutants to the water bodies are very possible due to, the wide uses and applications of some of these products in municipal, residential, commercial, industrial, and construction areas. Elevated oil and grease content can decrease the aesthetic value of the water body, as well as the water quality. 8. Bacteria and Viruses — Bacteria and viruses are ubiquitous micro-organisms that thrive under certain environmental conditions. Their proliferation is typically caused by the transport of animal or human fecal wastes from the watershed. Water, containing excessive bacteria and viruses can alter the aquatic habitat and create a harmful environment for humans and aquatic life. Also, the decomposition of excess organic waste causes increased growth of undesirable organisms in the water. 9. Pesticides — Pesticides (including herbicides) are chemical compounds commonly used to control nuisance growth or prevalence of organisms. Excessive application of a pesticide may result in runoff containing toxic levels of its active component. 11 a. Identify Pollutants from the Project Area Using Table 1, identify pollutants that are anticipated to be generated from the proposed priority project categories. Pollutants associated with any hazardous material sites that have been remediated or are not threatened by the proposed project are not considered a pollutant of concern. • General Pollutant Categories Priority Project Categories Sediments Nutrients Heavy Metals Organic Compounds Trash & Debris Oxygen Demanding Substances Oil & Grease Bacteria & Viruses Pesticides Detached Residential Development X X X X X X X Attached Residential Develooment . X X X 01) p(2) p X Commercial Development >100,000 ft2 01) FIG) p(2) x p(5) X p(3) p(5) Automotive Repair Shops X x(05) X X Restaurants X X X X Hillside Development >5,000 ft2 X X X X X. X Parking Lots PM P(I) X X p(0 X p(1) Streets, Highways & Freeways X 01) X X(4) X 13(5) X X = anticipated P = potential (1) A potential pollutant if landscaping exists on -site. (2) A potential pollutant if the project includes uncovered parking areas. (3) A potential pollutant if land use involves food or animal waste products. (4) Including petroleum hydrocarbons. (5) Including solvents. b. Identify Pollutants of Concern Pollutants generated by the proposed priority project that exhibits one or more of the following characteristics are considered primary pollutants of concern: • Current loadings or historical deposits of the pollutant are impairing the beneficial uses of a receiving water; • Elevated levels of the pollutant are• found in water or sediments of a receiving water 12 and/or have the potential to be toxic to or bioaccumulate in organisms therein; and ■ Inputs of the pollutant are at a level high enough to be considered potentially toxic. To identify pollutants of concern in receiving waters, each priority project shall, at a minimum, do the following: 1. For each of the proposed projects discharge points, identify the receiving water(s) that each discharge point proposes to discharge to, including hydrologic unit basin number(s), as identified in the most recent version of the Water Quality Control Plan far the San Diego Basin`, prepared by the San Diego Regional Water Quality Control Board. 2. Identify any receiving waters, into which the developed area would discharge to, listed on the most recent list of Clean Water Act Section 303(d) impaired water bodies'. List any and all pollutants for which the receiving waters are impaired. 3. Compare the list of pollutants for which the receiving waters are impaired with the pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutants identified by Table 1, which are also causing impairment of receiving waters, shall be considered primary pollutants of concern. For projects where no primary pollutants of concern exist, those pollutants identified through the use of Table 1 shall be considered secondary pollutants of concern. c. Identify Conditions of Concern Common impacts to the hydrologic regime resulting from development typically include increased runoff volume and velocity; reduced infiltration; increased flow frequency, duration, and peaks; faster time to reach peak flow; and water quality degradation. These changes have the potential to permanently impact downstream channels and habitat integrity. A change to a priority project site's hydrologic regime would be considered a condition of concern if the change would impact downstream channels and habitat integrity. Because of these potential impacts, the following steps shall be followed by each priority project: Evaluate the project's conditions of concern in a drainage study report prepared by a registered civil engineer in the State of California, with experience in fluvial geomorphology and water resources management. The report shall consider the project area's location (from the larger watershed perspective),topography, soil and vegetation conditions, percent impervious area, natural and infrastructure drainage features, and any other relevant hydrologic and environmental factors to be protected specific to the project area's watershed. 2. As part of the drainage study, the civil engineer shall conduct a field reconnaissance to observe and report on downstream conditions, including undercutting erosion, slope 1. http://www.swrcb.ca.gov/-rwgcb9/Programs/Planning_and_Services/SD_Basin/sd_basin.html 2. http://www.swrcb.ca.gov/tmdl/3o3d_Iists:html, San Diego is in Region 9 13 stability, vegetative stress (due to flooding, erosion; water quality degradation, or loss of water supplies) and the area's susceptibility to erosion or habitat alteration as a result of an altered flow regime. 3. The drainage study shall compute rainfall runoff characteristics from the project area including, at a minimum, runoff volume, time of concentration, and retention volume. These characteristics shall be developed for the two-year and 10-year frequency, Type I storm, of six -hour or 24-hour duration (whichever is the closer approximation of the site's time of concentration), during critical hydrologic conditions for soil and vegetative cover'. The drainage study shall report the project's conditions of concern based on the hydrologic and downstream conditions discussed above. Where downstream conditions of concern have been identified, the drainage study shall establish that pre -project hydrologic conditions affecting downstream conditions of concern would be maintained by the proposed project, satisfactory to National City, by incorporating the site design, source control, and treatment control requirements identified in Section VI.2. 2. ESTABLISH STORM WATER BMPs Site design BMPs reduce the need for source and/or•treatment control BMPs, and source control BMPs may reduce the amount of treatment control BMPs needed. Throughout all the following sections, all priority projects shall consider, and incorporate and implement where expressly required by the Permit and if not so required where determined applicable and feasible by National City, stormwater BMPs into the project design, in the following progression: ■ Site Design BMPs • Source Control BMPs ■ Treatment Control BMPs At a minimum, priority projects must implement source control BMPs, and must implement treatment control BMPs unless a waiver is granted based on the infeasibility of all treatment control BMPs. BMPs must also achieve certain performance standards set out in the municipal permit section F.2.(b) (I to xiv). Selection of BMPs from the menus included in this SUSMP, using the rules set out in this SUSMP, must fulfill these requirements. In addition, runoff treated by site design or source control BMPs, such as rooftop runoff treated in landscaping, may be useful in reducing the quantity of runoff required to be treated in Section VI.2.c, "Treatment Control BMPs." To select a structural treatment BMP using the Treatment Control BMP Selection Matrix, each priority project shall compare the list of pollutants for which the downstream receiving waters are 3. Design storms can be found at http://www.wrcc.dri.edu/pcpnfrep.html. The Copermittees may calculate the storm events using local rain data. In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. 14 impaired (if any), with the pollutants anticipated to be generated by the project (as identified in Table 1). Any pollutants identified by Table 1 which also cause a Clean Water Act section 303(d) impairment of the receiving waters of the project shall be considered primary pollutants of concern. Priority projects that are anticipated to generate a primary pollutant of concern shall meet all applicable requirements in Section VI.2, and shall select a singe or combination of storm water BMPs from Table 3 that are effective for pollutant removal of the particular primary pollutant(s) of concern. Priority projects that are not anticipated to generate a pollutant for which the receiving water is Clean Water Act Section 303(d) impaired shall meet applicable standard requirements in Section VI.2, and shall select a single or combination of storm water BMPs from Table 3 which are effective for pollutants removal of the identified secondary pollutants of concern, consistent with the "maximum extent practicable" standard defined in Attachment D of the Municipal Permit. Where a site generates both primary and secondary pollutants of concern, primary pollutants of concern receive priority of BMP selection. For such sites, selected BMPs must only maximize pollutants removal for the primary pollutants of concern. Where a site generates only secondary pollutants of concern selected BMPs shall target the secondary pollutants of concern to be the most significant for the project. Selected BMPs must be effective for the widest range of pollutants of concern with the maximum extent practicable standard defined in Attachment D of the municipal Permit. i Alternative storm water BMPs not identified in Table 3 may be approved at the discretion of National City, provided the alternative BMP is as effective in removal of pollutants of concern as other feasible BMPs listed in Table 3. 15 Table 2. Standard Storm Water BMP Selection Matrix. Priority Project Category Site Design BMPs' ) Source Control BMPs(2) a. Private Roads h 0 rwiriontinl ilriltournwe C. Dock Areas d. Maintenance Bays e. Vehicle Wash Areas f. Outdoor Processing Areas g. Equipment Wash Areas h. Parking Areas I. Roadways j. Fueling Areas k. Hillside Landscaping Detached Residential Development R R Attached Residential Development R it Commercial Development >100,000 ft2 R R Automotive Repair Shop R R R R R R R Restaurants R R R R Hillside Development >5,000 ft2 R R R R Parking Lots R R le) Streets, Highways & Freeways R R R R --- Required; select BMPs as required from the applicable steps in Section VI.2a & b, or equivalent in Appendix A. (1) Refer to Section VI.2.a. (2) Refer to Section VI.2.b. (3) Priority project categories must apply specific storm water BMP requirements, where applicable. Projects are subject to the requirements of all priority project categories that apply. (4) Applies if the paved area totals>5,000 square feet or with >15 parking spaces and is potentially exposed to urban runoff. 16 Table 3. Enhanced Treatment Control BMP Selection 1V atrix(». Pollutant of Concern Treatment Control BMP Categories Biofilters Detention Basins Infiltration Basins(�) Wet Ponds or Wetlands Drainage Inserts Filtration Hydrodynamic Separator Systems° Sediment M H H H L H M Nutrients L M M M L M L Heavy Metals M M M H L H L Organic Compounds U U U U L M L Trash & Debris L H U U M H M Oxygen Demanding Substances L M M M L M L Bacteria U U H -U L M L Oil & Grease M M U U L H L Pesticides U U U U L U L (1) Copermittees table. (2) Including trenches (3) Also known as L: Low removal are encouraged to periodically assess the performance characteristics of many of these BMPs to update this and porous pavement. hydrodynamicdevices and baffle boxes. efficiency): efficiency): efficiency): efficiency Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993), National Management Practices Database (2001), and Guide for BMP Selection in Urban Developed Areas (2001). M: Medium,iCuiuval H: High removal U: Unknown removal Sources: Guidance Storm water Best a. Site Design BMPs Priority projects shall be designed so as to minimize, to the maximum extent practicable, the introduction of pollutants and conditions of concern that may result in significant impacts, generated from site runoff to the storm water conveyance system. Priority Projects shall also control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development downstream erosion and protect stream habitat. Although not mandatory, priority projects can address these objectives through the creation of a hydrologically functional project design that attempts to mimic the natural hydrologic, regime. Mimicking a site's natural hydrologic regime can be pursued by: ■ Reducing imperviousness, conserving natural resources and areas, maintaining and using natural drainage courses in the storm water conveyance system, and minimizing clearing and grading. ■ Providing runoff storage measures dispersed -uniformly throughout a site's landscape with the use of a variety of detention, retention, and runoff practices. ■ Implementing on -lot hydrologically functional landscape design and management practices. 17 These design principles offer an innovative approach to urban storm water management,; one that does not rely on the conventional end -of -pipe or in -the -pipe structural methods but instead uniformly or strategically integrates storm water controls throughout the urban landscape. Useful resources for applying these principles, referenced in the appendix, include Start at the Source (1999), and Low -Impact Development Design Strategies (1999). Step 1: Objective: Maintain Pre -Development Rainfall Runoff Characteristics Priority projects shall control post -development peak storm water runoff discharge rates and velocities to maintain or reduce pre -development development downstream erosion. In addition, projects should control runoff discharge volumes and durations to the maximum extent practicable using the site design, source control, and treatment control requirements identified in Section VI.2. Design Concept 1: Minimize Project's Impervious Footprint & Conserve Natural Areas The following site design options shall be considered and shall be incorporated and implemented where determined applicable and feasible by National City, during the site planning and approval process, consistent with applicable General Plan policies and other development regulations. 1. Minimize impervious footprint. This can be achieved in various ways, including, but not limited to increasing building density (number of stories above or below ground) and developing land use regulations seeking tolimit impervious surfaces. Decreasing the project's footprint can substantially reduce the project's impacts to water quality and hydrologic conditions. 2. Conserve natural areas where feasible. Concentrating or clustering development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural, undisturbed condition can achieve this.: The following list provides a guideline for determining the least sensitive portions of the site, in order of increasing sensitivity. Jurisdictions should also refer to their Multiple Species Conservation Plans or other biological regulations, as appropriate. a. Areas devoid of vegetation, including previously graded areas and agricultural fields. b. Areas of non-native vegetation, disturbed habitats and eucalyptus woodlands. c. Areas of chamise or mixed chaparral, and non-native grasslands. d. Areas containing coastal scrub communities. e. All other upland communities. f. Occupied habitat of sensitive species and all wetlands (as both are defined by National City). g. All areas necessary to maintain the viability of wildlife corridors. Within each of the previous categories, areas containing hillsides (as defined in this SUSMP). 18 should be considered more sensitive than the same category without hillsides. 3. Construct walkways, trails, and patios, overflow parking lots and alleys and other low - traffic areas with permeable surfaces, such as pervious concrete, porous asphalt, unit. pavers, and granular materials. 4. Construct walkways, trails, patios, overflow parking lots and alleys and other low -traffic areas with permeable surfaces, such as pervious concrete, porous asphalt, unit pavers and granular materials. 5. Construct streets, sidewalks and parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrians are not compromised. 6. Maximize canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. 7. Minimize the use of impervious surfaces, such as decorative concrete, in the landscape design. 8. Use natural drainage systems to the maximum extent practicable. 9. Other site design options, which are comparable, and equally effective. Design Concept 2` Minimize Directly Connected Impervious Areas (DCIAs) Priority projects shall consider, and incorporate and implement the following design characteristics, where determined applicable and feasible: 1. Where landscaping is proposed, drain rooftops into adjacent landscaping prior to discharging to the storm drain. 2. Where landscaping is proposed, drain impervious sidewalks, walkways, trails, and patios into adjacent landscaping. 3. Other design characteristics that is comparable and equally effective. Step 2: Protect Slopes and Channels Project plans shall include storm water BMPs to decrease the potential for erosion of slopes and/or channels, consistent with local codes and ordinances and with the approval of all agencies with jurisdiction, e.g., the U.S. Army Corps of Engineers, the San Diego Regional Water Quality Control Board, and the California Department of Fish and Game. The following design principles shall be considered, and incorporated and implemented where determined applicable and feasible by National City: 19 1. Convey runoff safely from the tops of slopes. 2. Vegetate slopes with native or drought tolerant vegetation 3. Control and treat flows in landscaping and/or other controls prior to reaching existing natural drainage systems. 4. Stabilize permanent channel crossings. 5. Install energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels in accordance with applicable specifications to minimize erosion. Energy dissipaters shall be installed in such a way as to minimize impacts to receiving waters. 6. Other design principles, which are comparable and equally effective. b. Source Control BMPs Step 3:Provide Storm Drain System Stenciling and Signage Storm drain stencils are highly visible source control messages, typically placed directly adjacent to storm drain inlets. The stencils contain a brief statement that prohibits the dumping of improper materials into the urban runoff conveyance system. Graphical icons, either illustrating anti -dumping symbols or images of receiving water fauna, are effective supplements to the anti- dumping message. Priority projects shall include the following requirements in the project design, where determined applicable and feasible by National City. 1. Provide stenciling or labeling -of all storm drain, inlets and catch basins within the project area with prohibitive language (such as: "NO DUMPING — I LIVE DOWNSTREAM" and/or graphical icons to discourage illegal dumping. 2. Post signs and prohibitive language and/or graphical icons, which prohibit illegal dumping at public access points along channels and creeks within the project area. 3. Maintain legibility of stencils and signs. Step 4: Design Outdoor Material Storage Areas to Reduce Pollution Introduction Improper storage of materials outdoors may increase the potential for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the urban runoff conveyance system. Where the priority project plans include outdoor areas for storage of hazardous materials that may contribute pollutants to the urban runoff conveyance system, the following storm water BMPs are required: 1. Hazardous materials with the potential to contaminate urban runoff shall either be: (1) placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or (2) protected by secondary containment structures such as berms, dikes; or curbs. 20 2. The storage area shall be paved and sufficiently impervious to contain leaks and spills. 3. The storage area shall have a roof or awning to minimize direct precipitation within the secondary containment area. Step 5: Design Trash Storage Areas to Reduce Pollution Introduction All trash container areas shall meet the following requirements (limited exclusion: detached residential homes): 1. The area shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, screened or walled to prevent off -site transport of trash; or, 2. Attached lids shall be mounted on all trash containers that exclude rain, or a roof or awning be installed to minimize direct precipitation. Step 6: Use Efficient Irrigation Systems & Landscape Design Priority projects shall design the timing and methods of application of irrigation water to minimize the runoff of excess irrigation water into the storm water conveyance system. (with the limited exclusion of detached residential homes.) The following methods to reduce excessive irrigation runoff shall be considered, and shall be incorporated and implemented where determined applicable and feasible by National City: 1. Employment of rain shutoff devices to prevent irrigation after precipitation. 2. Design of irrigation systems to each landscape area's specific water requirements. 3. Use of flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. 4. Employment of other comparable, equally effective, methods to reduce irrigation water runoff. Step 7: Incorporate Requirements Applicable to Individual Priority Project Categories Where identified in Table 2, the following requirements shall be incorporated into applicable priority projects during the storm water BMP selection and design process. Projects shall adhere to each of the individual priority project category requirements that apply to the project (e.g.,'a restaurant with more than 15 parking spaces would be required to incorporate the requirements for " g. Equipment Wash Areas and "h. Parking Areas" into the project design). a. Private Roads ' The design of private, roadway drainage shall use at least one of the following (for further guidance, see Start at the Source [1999]): 21 1. Rural swale system: street sheet flows to vegetated swale or gravel shoulder, curbs at street corners, culverts under driveways and street crossings; 2. Urban curb/swale system: street slopes to curb, periodic swale inlets drain to vegetated swale/biofilter; 3. Dual drainage system: First flush captured in street catch basins and discharged to adjacent vegetated swale or gravel shoulder, high flows connect directly to storm water conveyance system. 4. Other methods, which are comparable and equally effective within the project may be used. b. Residential Driveways & Guest Parking The design of driveways and private residential parking areas shall incorporate at least one of the following features: 1. Design driveways with shared access, flared (single lane at street) or wheelstrips (paving only under tires); or, draining into landscaping prior to discharging to the storm water conveyance system. 2. Pave temporary or guest parking, on private residential lots with a permeable surface; or be, designed to drain into landscaping prior to discharging to the storm water conveyance system. 3. Other features which are comparable and equally effective. c. Dock Areas Loading/unloading dock areas shall include or observe the following:, 1. Loading dock areas shall be covered or drainage designed to preclude urban run-on and runoff. 2. Direct connections to storm drains from depressed loading docks (truck wells) shall be prohibited. 3. Other features may be used which are comparable and equally effective. d. Maintenance Bays Maintenance bays shall include and observe the following: 1. Repair/maintenance bays shall be installed indoors; or, be designed to preclude urban run- on and runoff. 2. The repair/maintenance bay drainage system shall be designed to capture all wash water, leaksand spills. Drains shall be connected to a sump for collection and disposal. Direct connection of the repair/maintenance bays to the storm drain system shall be prohibited. If required by National. City, an Industrial Waste Discharge Permit shall be obtained by 22 the business. OR 3. Other features which are comparable and equally effective may be used. e Vehicle Wash Areas Priority projects that include areas for washing/steam cleaning of vehicles shall consider, and shall incorporate and implement where determined applicable and feasible by National City, the following: 1. Be self-contained; or covered with a roof or overhang; 2. Be equipped with a clarifier or other pretreatment facility; 3. Be properly connected to a sanitary sewer. 4. Consider other features which are comparable. and equally effective for design and use. Outdoor Processing Areas Outdoor process equipment operations, such as rock grinding or crushing, painting or coating, grinding or sanding, degreasing or parts cleaning, landfills, waste piles, and wastewater and solid waste treatment and disposal, and other operations determined to be a potential threat to the water quality by National City shall adhere and observe the following requirements: 1. Areas that would be the most significant source of pollutants are to be covered or enclosed; or, slope the area toward a dead-end sump; or be discharged to the sanitary sewer system following appropriate treatment in accordance with conditions established by the applicable sewer agency. 2. Grade or berm the area to prevent run-on from surrounding areas. 3. Storm drains shall not be installed in areas of equipment repair. 4. Other features, which are comparable or equally effective, may be used. g. Equipment Wash Areas Outdoor equipment/accessory washing and steam cleaning activities at priority projects shall use or observe at least one of the following: 1. Be self-contained, or be covered with a roof or overhang; 2. Be equipped with a clarifier, grease trap or other pretreatment facility, as appropriate; 3. Be properly connected to a sanitary sewer. 4. Use other features, which are comparable or equally effective. 23 h. Parking Areas To minimize the offsite transport of pollutants from parking areas, the following design concepts shall be considered, andshall be incorporated and implemented where determined applicable and feasible by National City: 1. Where landscaping is proposed in parking areas, landscape areas are to be incorporated into the drainage design. 2. Construct overflow parking (parking stalls provided in excess of National City's minimum parking requirements) with permeable paving. 3. Use other design concepts, which are comparable and equally effective. Roadways Priority roadway projects shall select treatment control BMPs following the enhanced;treatment control selection procedure identified in Section VI.2, "Establish Storm Water BMPs." Fueling Area Non -retail fuel dispensing areas shall contain or observe the following:. 1. Use an overhanging roof structure or canopy. The cover's minimum dimensions must be, equal to or greater than the area within the grade break. The cover must not drain onto the fuel dispensing area and the downspouts must be routed to prevent drainage across the fueling area. The fueling areashall drain to the project's treatment control BMP(s) prior to discharging to the storm water conveyance system. 2. Be paved with Portland cement concrete (or equivalent smooth impervious surface). The use of asphalt concrete shall be prohibited. 3. An appropriate slope to prevent ponding shall be provided, and must be separated from the rest of the site by a; grade break that prevents run-on of urban runoff. 4. At a minimum, the concrete fuel dispensing area shall extend 6.5"'feet (2.0 meters) from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot (0.3 meter), whichever is less. k. Hillside Landscaping Hillside areas, as defined in this SUSMP, that are disturbed by project development shall be landscaped with deep-rooted, drought tolerant plant species selected for erosion control, satisfactory to National City. c. Treatment Control BMPs Minimizing a development's detrimental effects on water quality can be most effectively achieved through the use of a combination of site design, source and treatment control storm 24 water BMPs. Priority projects shall be designed to remove pollutants of concern from the storm water conveyance system to the maximum extent practicable through the incorporation and implementation of treatment control BMPs. In meeting the requirements in this section, priority projects shall implement a single or combination of storm water BMPs that will remove anticipated pollutants of concern, as identified by the procedure in Section VI.1, in site runoff to the maximum extent practicable. Treatment control BMPs must be implemented unless a waiver is granted to the project by National City based on the infeasibility of any treatment control BMP. Step 8: Design to Treatment Control BMP Standards All priority projects shall be designed, constructed and shall implement structural treatment control BMPs that meet the design standards of this section, unless specifically exempted by the limited exclusions listedat the end of Step 8. Structural treatment control BMPs required by this sectionshall be operational prior to the use of any dependent development, and shall be located and designed in accordance with the requirements in Step 8 and Step 9. National City may choose to eliminate one or more of the numeric volume or flow sizing methods listed below. Volume 1. Volume -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: i. The volume of runoff produced from a 24-hour 85th percentile storm event, as determined from the local historical rainfall record (0.6 inch approximate average for the San Diego County area)4; or ii. The volume of runoff produced bythe 85th percentile 24-hour runoff event, determined as the maximized capture urban runoff volume for the area, from the formula recommended in Urban Runoff Quality Management, WEF Manual of Practice No. 23/ ASCE Manual of Practice No. 87, (1998); or iii. The volume of annual runoff based on unit basin storage volume, to achieve 90 percent or more volume treatment by the method recommended in California Stormwater Best Management Practices Handbook — Industrial/ Commercial, (1993), or iv. The volume of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile 24-hour runoff event,5 4. This volume is not a single volume to be applied to all of San Diego County. The'size of the 851h percentile storm event is different for various parts of the County. National City has calculated the 85percentile storm event using local rain data In addition, isopluvial maps contained in the County of San Diego Hydrology Manual may be used to extrapolate rainfall data to areas where insufficient data exists. If isopluvial maps are selected, Copermittees shall describe their method for using isopluvial maps in their Jurisdictional SUSMP. 5. Under this volume criterion, hourly rainfall data may be used to calculate the 85th percentile storm event, where each storm event is identified by its separation from other storm events by at least six hours of no rain. If hourly rainfall data is selected, National City shall describe the method using hourly rainfall data in its Jurisdictional SUSMP. 25 OR Flow 2. Flow -based BMPs shall be designed to mitigate (infiltrate, filter, or treat) either: is The maximum flow rate of runoff produced from a rainfall intensity of 0.2 inch of rainfall per hour for each hour of a storm event; or The maximum flow rate of runoffproduced by the 85th percentile hourly rainfall intensity, as determined from the local historical rainfall record, multiplied by a factor of two; or in. The maximum flow rate of runoff, as determined from the local historical rainfall record, that achieves approximately the same reduction in pollutant loads and flows as achieved by mitigation of the 85th percentile hourly rainfall intensity multiplied by a factor of two. Limited Exclusions: 1. Proposed restaurants, where the land area for development or redevelopment is less than 5,000 square feet, are excluded from the numerical sizing criteria requirements listed in Section VI.2.c, Step 8. 2. Where significant redevelopment results in an increase of less than 50 percent of the impervious surfaces of a previously existing development, and the existing development was not subject to SUSMP requirements, the numeric sizing criteria discussed in Section VI.2.c, Step 8 shall apply only to the addition, and not to the entire development. Step 9: Locate. BMPs Near Pollutant Sources Structural treatment control storm water BMPs should be implemented close to pollutant sources to minimize costs and maximize pollutant removal prior to runoff entering receiving waters. Such BMPs may be located on- or off -site, be used singly or in combination, or be shared by multiple new developments, pursuant to the following requirements: 1. All structural treatment control BMPs shall be so located as to infiltrate, filter, and/or treat the required runoff volume or flow prior to its discharge to any receiving water body supporting beneficial uses; 2.: Multiple post -construction structural treatment control BMPs for a single priority development project shall collectively be designed to comply with the design standards of Step 8; 3. Shared storm water BMPs shall be operational prior to the use of any dependent development or phase of development. The shared BMPs shall only be required to treat 26 the dependent developments or phases of development that are in use; 4. Interim storm water BMPs that provide equivalent or greater treatment than is required by Section 3.a may be implemented by a dependent development until each shared BMP is operational. If interim BMPs are selected, the BMPs shall remain in use until permanent BMPs are operational. Step 10; Restrictions on Use of Infiltration BMPs Three factors significantly influence the potential for urban runoff to contaminate ground water. They are: (i) pollutant mobility; (ii) pollutant abundance in urban runoff, and, (iii) soluble fraction of pollutant. The risk of contamination of groundwater may be reduced by pretreatment of urban runoff. A discussion of limitations and guidance for infiltration practices is contained in Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration, Report No. EPA1600/R-94/051, USEPA (1994). To protect groundwater quality, National City shall apply restrictions to the use of any BMPs that are designed to primarily function as infiltration devices (such as infiltration trenches and infiltration basins). As additional ground water basin data is obtained, National City may develop additional restrictions on the use of any BMPs that allow incidental infiltration. At a minimum, the use of structural treatment BMPs designed to primarily function as infiltration devices shall meet or observe the following conditions6: 6. These conditions do not apply to structural treatment BMPs which allow incidental infiltration and are not designed to primarily function as infiltration devices (such as grassy swales,.detention basins; vegetated buffer strips, constructed wetlands, etc.) 27 1. Urban runoff from commercial developments shall undergo pretreatment to remove both physical and chemical contaminants, such as sedimentation or filtration, prior to infiltration. 2. All dry weather flows shall be diverted from infiltration devices except for those non - storm water discharges authorized pursuant to 40 CFR 122.26(d)(2)(iv)(B)(1): diverted stream flows, rising ground waters, uncontaminated ground water infiltration [as defined at 40 CFR 35.2005(20)] to storm water conveyance systems, uncontaminated pumped ground water, foundation drains, springs, water from crawl space pumps, footing drains, air conditioning condensation, flow from riparian habitats and wetlands, water line flushing, landscape irrigation, discharges from potable water sources other than water main breaks, irrigation water, individual residential car washing, and dechlorinated swimming pool discharges. 3. Pollution prevention and source control BMPs shall be implemented at a level appropriate to protect groundwater quality at sites where infiltration structural treatment BMPs are to be used. 4. The vertical distance from the base of any infiltration structural treatment BMP to the seasonal high groundwater mark shall be at least 10 feet or as determined on an individual, site -specific basis by the Copermittee. Where groundwater does not support beneficial uses, this vertical distance criterion may be reduced, provided groundwater quality is maintained. 5. The soil through which infiltration is to occur shall have physical and chemical characteristics (such as appropriate cation exchange capacity, organic content, clay content, and infiltration rate) that are adequate for proper infiltration durations and treatment of urban runoff for the protection of groundwater beneficial uses. 6. Infiltration structural treatment BMPs shall not be used for areas of industrial or light industrial activity; areas subject to high vehicular traffic (25,000 or greater average daily traffic on main roadway or 15,000 or more average daily traffic on any intersecting roadway); automotive repair shops; car washes; fleet storage areas (bus, truck, etc.); nurseries; and other high threat to water quality land uses and activities as designated by National City in its SUSMP. 7. The horizontal distance between the base of any infiltration structural BMP and any water supply wells shall be 100 feet or as determined on an individual, site -specific basis by National City. Where infiltration BMPs are authorized, their performance shall be evaluated for impacts on groundwater quality. In developing the Jurisdictional SUSMP, National City shall developed additional restrictions on the use of treatment control BMPs that are designed, to primarily function as infiltration devices. National City shall consider the Section D.l.g. permit requirements to control the contribution of pollutants from one portion of the watershed to another portion of the watershed through interagency agreements among the Copermittees. In those instances where National City determines that implementation of proposed infiltration BMPs within their jurisdiction has a potential impact to groundwater quality in another jurisdiction, National City will require a notification to by those proposing such use, in addition to requiring the above protection measures. 28 3. PROVIDE PROOF OF ONGOING STORM WATER BMP MAINTENANCE National City shall not consider structural BMPs "effective," and therefore shall not accept storm water BMPs as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all structural BMPs. This mechanism may be provided by National City or be required by the project proponent. As part of project review, if a project proponent is required to include interim or permanent structural BMPs in project plans. National City shall require that the applicant to provide verification of maintenance requirements through such means as may be appropriate, at the discretion of National City, including, but not limited to covenants, legal agreements, maintenance agreements, and/or conditional use permits. Maintenance Mechanisms 1. Public entity maintenance: National City may approve a public or acceptable quasi -public entity (e.g., the County Flood Control District, or annex to an existing assessment district, an existing utility district, a state or federal resource agency, or a conservation conservancy) to assume responsibility for maintenance, repair and replacement of the BMP. Unless acceptable to National City, public entity maintenance agreements shall ensure estimated costs are front -funded or reliably guaranteed, (e.g., through a trust fund, assessment district fees, bond, letter of credit or similar means). In addition, National City may seek protection from liability by appropriate releases and indemnities: National City shall have the authority to approve storm water BMPs proposed for transfer to any other public entity within its jurisdiction before installation. National City shall be involved in the negotiation of maintenance requirements with any other public entities accepting maintenance responsibilities within their respective jurisdictions; and in negotiations with the resource agencies responsible for issuing permits for the construction and/or maintenance of the facilities. National City must be identified as a third party beneficiary empowered to enforce any such maintenance agreement within their respective jurisdictions. 2. Project proponent agreement to maintain storm water BMPs: National City may enter into a contract with the project proponent obliging the project proponent to maintain, repair and replace the storm water BMP as necessary into perpetuity. Security or performance bonds may be required. 3. Assessment districts: National City may approve an Assessment District or other funding mechanism created by the project proponent to provide funds for storm water BMP maintenance, repair and replacement on an ongoing basis. Any agreement with such a District shall be subject to the Public Entity Maintenance Provisions above. 4. Lease provisions: In those cases where National City holds title to the land in question, and the land is being leased to another party for private or public use, National City may assure storm water BMP maintenance, repair and replacement through conditions in the lease. 5. Conditional use permits: For discretionary projects only, • National City may assure maintenance of storm water BMPs through the inclusion of maintenance conditions in the conditional use permit. Security may or performance bond maybe required. 6. Alternative mechanisms: National City may accept alternative maintenance mechanisms if such mechanisms are as protective those listed above. Verification Mechanisms For discretionary projects, National City -approved methods of storm water BMP maintenance shall be incorporated .into the project's permit, and shall be consistent with permits issued by resource agencies before approval of discretionary permits. For projects requiring only ministerial permits, National City approved method of storm water BMP maintenance shall be incorporated into the permit conditions before the issuance of any ministerial permits. In all instances, the project proponent shall provide proof of execution of National City approved method of maintenance repair and replacement before the issuance of construction approvals. Public projects that are not required to obtain National City permits shall be required and be responsible for ensuring that National City approved methods of storm water BMP maintenance, repair and replacement is executed prior to the commencement of construction. For all properties, the verification mechanism will include the project proponent's signed statement, as part of the project application, accepting and guaranteeing responsibility for all structural BMP maintenance, repair and replacement, until a National City approved entity agrees to assume responsibility for structural BMP maintenance, repair and replacement. Maintenance Requirements 1. Operation .& Maintenance (O&M) Plan: National City shall ensure that a copy of an Operation & Maintenance (O&M) plan, prepared by the project proponent satisfactory to National City, is attached to the approved maintenance agreement, which describes the designated responsible party to manage the storm water BMP(s), employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of resource agency permits, and any other necessary activities. At a minimum, maintenance agreements shall require the inspection and servicing of all structural BMPs on an annual basis. The project proponent or National City approved maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least 5 years. These documents shall be made available to National City for inspection upon request at any time. 2. Access Easement/Agreement: As part of the maintenance mechanism selected above, National City shall require an executed access easement that is binding on the land throughout the life of the project, or until such time that the storm water BMP requiring access is replaced. 4. WAIVER OF STRUCTURAL TREATMENT BMP REQUIREMENTS 30 National City may provide for a project to be waived from the requirement of implementing structural treatment BMPs (Section VI.2.c, "Design to Treatment Control BMP Standards") if infeasibility can be established. National City shall only grant a waiver of infeasibility when all available structural treatment BMPs have been considered and rejected as infeasible. National City shall notify the Regional Board within 5 days of each waiver issued and shall include the name of the person granting each waiver. Waivers may only be granted from structural treatment BMP and structural treatment BMP sizing requirements. Priority development projects, whether or not granted a waiver may not cause or contribute to an exceedance of water quality objectives. Pollutants in runoff from projects granted a waiver must still be reduced to the maximum extent practicable. National City will implement a waiver program or at its option also develop a SUSMP waiver impact fee program to require project proponents who have received waivers to transfer the savings in cost, or a proportionate share thereof, as determined by the Copermittee, to a storm water mitigation fund. National City shall notify the RWQCB if a SUSMP waiver impact fee program is developed pursuant to this model SUSMP. SUSMP waiver impact fee program set out in jurisdictional SUSMP submissions, or in supplemental submissions if multiple Copermittees establish a joint mitigation fund program for that watershed may be substituted. The Jointly Developed by San Diego Copermitees SUSMP does not preclude National City from imposing any other fees or charges on development projects that are permitted by law, or from managing or expending the monies received from such non-SUSMP programs in any other manner authorized by law. 31 VII. RESOURCES AND REFERENCES APPENDIX A STORMWATER BEST MANAGEMENT PRACTICES The following are a list of BMPs to minimize the introduction of pollutants of concern that may result in significant impacts to receiving waters. Other BMPs approved by National City as being equally or more effective in pollutant reduction than comparable BMPs identified below are acceptable. See Appendix B: Suggested Resources for additional sources of information. All BMPs must comply with local zoning and building codes and other applicable regulations. Site Design BMPs Minimizing Impervious Areas ❑ Reduce sidewalk widths o Incorporate landscaped buffer areas between sidewalks and streets. a Design residential streets for the minimum required pavement widths o Minimize the number of residential street cul-de-sacs and incorporate landscaped areas to reduce their impervious cover. ❑ Use open space development that incorporates smaller lot sizes ❑ Increase building density while decreasing the. building footprint o Reduce overall lot imperviousness by promoting alternative driveway surfaces and shared driveways that connect two or more homes together ❑ Reduce overall imperviousness associated with parking lots by providing compact car spaces, minimizing stall dimensions, incorporating efficient parking lanes, and using pervious materials in spillover parking areas Increase Rainfall Infiltration ❑ Use permeable materials for private sidewalks, driveways, parking lots, and interior roadway surfaces (examples: hybrid lots, parking..groves, permeable overflow parking, etc.) o Direct rooftop runoff to pervious areas such as yards, open channels, or vegetated areas, and avoid routing rooftop runoff to the roadway or the urban runoff conveyance system Maximize Rainfall Interception ❑ Maximizing canopy interception and water conservation by preserving existing native trees and shrubs, and planting additional native or drought tolerant trees and large shrubs. Minimize Directly Connected Impervious Areas (DCIAs) 32 ❑ Draining rooftops into adjacent landscaping prior to discharging to the storm drain o Draining parking lots into landscape areas co -designed as biofiltration areas o Draining roads, sidewalks, and impervious trails into adjacent landscaping Slope and Channel Protection o Use of natural drainage systems to the maximumextent practicable ❑ Stabilized permanent channel crossings u Planting native or drought tolerant vegetation on slopes ❑ Energy dissipaters, such as riprap, at the outlets of new storm drains, culverts, conduits, or channels that enter unlined channels Maximize Rainfall Interception ❑ Cisterns o Foundation planting Increase Rainfall Infiltration ❑ Dry wells Source Control BMPs ❑ Storm drain system stenciling and signage o Outdoor material and trash storage area designed to reduce or control rainfall runoff o Efficient irrigation system Treatment Control BMPs Biofilters ❑ Grass swale o Grass strip ❑ Wetland vegetation swale o Bioretention Detention Basins ❑ Extended/dry detention basin with grass lining ❑ Extended/dry detention basin with impervious lining 33 Infiltration Basins o Infiltration basin o Infiltration trench o Porous asphalt o Porous concrete o Porous modular concrete block Wet Ponds and Wetlands o Wet pond (permanent pool) o Constructed wetland Drainage Inserts o Oil/Water separator o Catch basin insert o Storm drain inserts o Catch basin screens Filtration Systems o Media filtration o Sand filtration Hydrodynamic Separation Systems o Swirl Concentrator o Cyclone Separator 34 APPENDIX B SUGGESTED RESOURCES HOW TO GET A COPY Better Site Design: A Handbook for Changing Development Rules in Your Community (1998) Presents guidance for different model development alternatives. Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.cwp.org California Urban runoff Best Management Practices Handbooks (1993) for Construction Activity, Municipal, and Industrial/Commercial Presents a description of a large variety of Structural BMPs, Treatment Control, BMPs and Source Control BMPs Los Angeles County Department of Public Works Cashiers Office 900 S. Fremont Avenue Alhambra, CA 91803 626-458-6959 Caimans Urban runoff Quality Handbook: Planning and Design Staff Guide (Best Management Practices Handbooks (1998) Presents guidance for design of urban runoff BMPs California Department of Transportation P.O. Box 942874 Sacramento, CA 94274-0001 916-653-2975 Design Manual for Use of Bioretention in Stormwater Management (1993) Presents guidance for designing bioretention facilities'. Prince George's County Watershed Protection Branch 9400 Peppercorn Place, Suite 600 Landover, MD 20785 Design of Stormwater Filtering Systems (1996) by Richard A. Claytor and Thomas R. Schuler Presents detailed engineering guidance on ten different urban runoff -filtering systems. Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 Development Planning for Stormwater Management, A Manual for the Standard Urban Stormwater Mitigation Plan (SUSMP), (May 2000) Los Angeles County Department of Public Works http://dpw.co.la.ca.us/epd/ or http://www.888cleanLA.com Florida Development Manual: A Guide to Sound Land and Water Management (1988) Presents detailed guidance for designing BMPs Florida Department of the Environment 2600 Blairstone Road, Mail Station 3570 Tallahassee, FL 32399 850-921-9472 Guidance Specifying Management Measures for Sources of Nonpoint Pollution in Coastal Waters (1993) Report No. EPA-840-B-92-002. Provides an overview of, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. National Technical Information Service U.S. Department of Commerce Springfield, VA 22161 800-553-6847 Guide for BMP Selection in Urban Developed Areas (2001) ASCE Envir. and Water Res. Inst. 1801 Alexander Bell Dr. Reston, VA 20191-4400 (800) 548-2723 35 SUGGESTED RESOURCES HOW TO GET A COPY Low -Impact Development Design Strategies - An Integrated Design Approach (June 1999) Maryland Stormwater Design Manual (1999) Presents guidance for designing urban runoff BMPs National Stormwater Best Management Practices (BMP) Database, Version 1.0 Provides data on performance and evaluation of urban runoff BMPs Prince George's County, Maryland Department of Environmental Resource Programs and Planning Division 9400 Peppercorn Place Largo, Maryland 20774 http://www.co.pg.md.us/Government/DER/PPD/pgcount yfildmain.han Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224 410-631-3000 American Society of Civil• Engineers 1801 Alexander Bell Drive Reston, VA 20191 703-296-6000 National Stormwater Best Management Practices Database (2001) Operation, Maintenance and Management of Stormwater Management (1997) Provides a thorough look at storm water practices including, planning and design considerations, programmatic and regulatory aspects, maintenance considerations, and costs. Urban Water Resources Research Council of ASCE Wright. Water Engineers, Inc. (303) 480-1700 Watershed Management Institute, Inc. 410 White Oak Drive Crawfordville, FL 32327 850-926-5310 Potential Groundwater Contamination from Intentional and Non -Intentional Stormwater Infiltration Preliminary Data Summary of Urban runoff Best Management Practices (August 1999) EPA-821-R-99-012 Report No. EPAJ600/R-94/051, USEPA (1994). http://www.epa.goviostistormwater/ Reference Guide for Stormwater Best Management Practices (July 2000) Second Nature: Adapting LA 's Landscape for Sustainable Living (1999) by Tree People Detailed discussion of BMP designs presented to conserve water, improve water quality, and achieve flood protection. Start at the Source (1999) Detailed discussion of permeable pavements and alternative driveway designs presented. City of Los Angeles Urban runoff Management Division 650 South Spring Street, 7th Floor Los Angeles, California 90014 http://www.lacitv.orgisaniswmd/ Tree People 12601 Mullholland Drive Beverly Hills, CA 90210 (818) 623-4848 Fax (818) 753-4625 Bay Area Stormwater Management Agencies Association 2101 Webster Street Suite 500 Oakland, CA 510-286-1255 36 SUGGESTED RESOURCES Stormwater Management in Washington State (1999) Vols. 1-5 Presents detailed guidance on BMP design for new development and construction. Stormwater, Grading and Drainage Control Code, Seattle Municipal Code Section 22.800-22.808, and Director's Rules, Volumes 1-4. (Ordinance 119965, effective July 5, 2000) }IOW TO GET A COPY Texas Nonpoint Source Book — Online Module (1998)www.txnpsbook.org Presents BMP design and guidance information on-line The Practice of Watershed Protection by Thomas R. Shchuler and Heather K. Holland Urban Storm Drainage, Criteria Manual — Volume 3, Best Management Practices (1999) Presents guidance for designing BMPs Department of Printing State of Washington Department of Ecology P.O. Box 798 Olympia, WA 98507-0798 360-407-7529 City of Seattle Department of Design, Construction & Land Use 700 561 Avenue, Suite 1900 Seattle, WA 98104-5070 (206) 684-8880 110://www.ci.seattle.wa.usidelit/Codestsgdecode.htm Texas Statewide Urban runoff Quality Task Force North Central Texas Council of Governments 616 Six Flags Drive Arlington, TX 76005 817-695-9150 Center for Watershed Protection 8391 Main Street Ellicott City, MD 21043 410-461-8323 www.cwn.ora Urban Drainage and Flood Control District 2480 West 26th Avenue, Suite 156-B Denver, CO 80211 303-455-6277 37 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November. 19, 2002 OLD BUSINESS 16 AGENDA ITEM NO. / ITEM TITLE CONTINUED DISCUSSION REGARDING THE TROPHY LOUNGE ON NATIONAL CITY BOULEVARD PREPARED BY Tom G. McCabe f 1DEPARTMENT EXPLANATION At the City Council meeting of October 15, 2002 the subject was continued in order for the residents in the immediate vicinity of the establishment to be notified. A notice was sent by mail. Trophy Lounge representatives Fred Demeo and Donna Edwards were notified, apprised of neighborhood concerns, and invited to attend the meeting. City Manager. ( Environmental Review XN,A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Council direction requested. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below I ► Letter to Trophy Lounge representatives Resolution No. A-200 t9 99) City of National City Office of the City Manager 1243 National City Boulevard, National City, GA 91950 (619) 336-4240 Tom G. McCabe - City Manager November 12, 2002 Fred Demeo, Inc. do Trophy Lounge 999 National City Boulevard National City, CA 91950 Donna Edwards, President 11353 Pacific Shores Way San Diego, CA 92130 CONTINUED DISCUSSION REGARDING TROPHY. LOUNGE ON NATIONAL CITY BOULEVARD At the City Council meeting of October 15, 2002 the Council held a discussion regarding the Trophy Lounge and neighborhood concerns. The subject was continued to the Council meeting of November 19, 2002 in order for the residents in the immediate vicinity of your establishment to be notified. It was also directed that you be notified, apprised of neighborhood concerns and invited to attend the meeting. Copies of letters received from residents expressing their agitations are included for your review. The City Council meeting will be held on Tuesday, November 19, 2002 at 6 p.m. in the City Hall Council Chambers, 1243 National City Boulevard. r Tom G. McCabe City Manager Enclosures Recycled Paper i1L______ • t S. 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Onm:.;( (0- \z-of,. ?WA/WV `tee Left"A, +9%etd a t u-e.dc_ A1e- l ST plc-h;i-5 S -i 4r. S 1Ns) . Sch.2r.,nk1. i-t t `�7'Y'�c 919.2q .von:ovt,sv-: cif :. : cy,t.u, (V,uc.tr, rylsy bn„tL " �" ` u• �'9 ` 5 ,rr}„1 r` c e w 11 GCu 4Si .. OJv (1 sue 5-�- 035 :� t f vn i n C:vi-t44)( ( Pam' S )a= .1 ' li lu>`S . e . e roc rcP e -tnv,� k :`{ E. : r%Q" -1�nn: Q�-� AA() ({,�� G�(J{'ixt4-P5 (Zt S.prc/.tnS .-�t.� 01 -t1 ousimmot 17- U'v' pdZirt\S TFOrdillt5 5k • - -at% „ f) nn -(lu Slit Stunrn.N.1 J S- 5 -' v au.o. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2002 AGENDA ITEM NO. 17 %ITEM TITLE CONSIDER APPROVAL OF PROPOSED MODIFICATION OF AT&T WIRELESS FACILITY AT EL TOYON PARK PREPARED BY DEPARTMENT GEORGE H. EISER, III EXPLANATION City Attorney P elf PLEASE SEE ATTACHED MEMORANDUM Environmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Approve modification. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. Letter from AT&T 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, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: October 21, 2002 FROM: City Attorney SUBJECT: Proposed Modification of AT&T Antennae Facility at El Toyon Park AT&T currently has a lease with the City for the maintenance of an antennae facility at El Toyon Park. AT&T has proposed the modification of its facility to add a two -foot microwave dish. This proposal would appear to be governed by Paragraph 8 of the Lease Agreement dated December 14, 1999, which provides: Equipment Upgrade. Tenant may update or replace the Antennae Facilities from time to time with the prior written approval of Landlord, which will not be unreasonably withheld, delayed or denied,, provided that (1) the replacement facilitiesare not materially greater in number or size than the existing facilities, (2) that any change in their location on the pole is approved in writing by Landlord and (3) that any modification is in compliance with CUP 1998-4, as approved by National City City Council Resolution 98-109. Tenant shall submit to Landlord a detailed proposal for any such replacement facilities and any supplemental materials as may be requested, for Landlord's evaluation and approval. The proposed modification has been reviewed by the Park and Recreation, Planning, Building and Safety, and Public Works Departments. In order for the proposed modification to comply with the provisions of CUP 1998-4, the Planning Department requires that 1) the new microwave dish have a non -reflective surface, and 2) the installation schedule be coordinated with the Director of Parks and Recreation. Subject to compliance with these conditions, it is recommended that the proposed modification be approved. GEORGE H. EISER, III City Attorney GHE/gmo ® Recycled Paper San Diego OF NAT O:HAL CITY October 2, 2002 Mr. George Eiser, Esq. City Attorney City of National City 1243 National City Blvd. National City, California 91950 Re: AT&T Wireless Facility, 2005 East Fourth Street Dear Mr. Eiser: AT&T Wireless Services, Inc. 7480 Convoy Court San Diego, CA 92111 Per our dialogue last week, AT&T Wireless would like to install a 2' microwave dish at its communications facility located at El Toyon Park, 2005 E. Fourth Street. I have attached a copy of the proposed plan for your consideration. I have also submitted a plan to Mr. Andrew Hoskinson in the City Planning Department for his approval. Please review the plan and let me know what process, amendment or documentation you require to approve this request. The dish will allow AT&T to improve its system by providing redundant interconnectivity. Per my dialogue with Mr. Hoskinson, there appears to be no limitation in the existing use permit to prevent the installation. AT&T will be required to paint the antenna to match the pole. The radio equipment will be installed inside the existing AT&T equipment building No additional ground space will be required. No other changes are proposed. Once you have had the chance to review the request, please let me know how you would like AT&T to proceed. If a lease amendment is required, we will pursue the necessary changes and obtain the required permits. If no amendment is required, AT&T will obtain permits and schedule an installation,date, per the terms of our original agreement The install of the antenna will not take more than a few hours. Please contact me if you have any question or concerns. Thank you for your assistance. Sincerely, Mark McGarey AT&T Leasing Contractor (602)432-1736 USA PROUD PARTNER VW (.\ Recycled Paper r SD-0329 43rd Street AT&T20 E. Fourth Street Nattio al City, CA 91950 Wireless Proposed anten a mounted to existing montioole Photosimulation of proposed telecommunications site • VICINITY MAP t THOMAS GUIDE PAGE 1290, A7 ADDRESS 2005 EAST FOURTH STREET RATIONAL CITY. CA 91950 COORDINATES (HAD 83) LATITUDE: Sr 41' 11.0- NORTH LONGITUDE: 117" OS. Le WEST Ilim® WIRELESS SERVICES 43RD STREET 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SD-0329 CONSULTANT TEAM PROJECT MANAGEMENT: PIANCOM, NC. 302 STATE PLACE ESCONDIDO. CA 92029 ERIC HEARS (949) 370-5939 (760) 735-4913 (FAR) ARCHITECT: WIWAM BOOTH t ROBOT( SUAREZ ARCHITECTURE A PIANNING P.O. 90E 4651 CARLSBAD, CA 92018 (760) 434-8474 (760) 434-8596 (FAX) STRUCTURAL CONSULTANT: HARRY F. !LETTER, STRUCTURAL ENGINEER 615 NORM CITRACADO PARKWAY ESCONDIDO, CA 92029 (760) 489-0681 (760) 489-096S (FAR) w ELECTRICAL CONSULTANT: THERE IS NO CHANGE TO ELECTRICAL SERVICE AND HO OTHER ELECTRICAL WORK N THE PROPOSED SCOPE or WORK MECHANICAL CONSULTANT: THERE IS NO MECHANICAL WORK IN THE PROPOSED SCOPE OF WORK SURVEYOR: THERE IS No SURVEY WORK IN THE PROPOSED SCOPE OF WORK PROJECT SUMMARY APPLICANT: OWNER: AT&T WIRELESS SERVICES 7480 CONVOY COURT SAN DIEGO, CA 92111 (858) 571-4100 CITY OF NATIONAL CRY 1243 NATIONAL CITY BOULEVARD NATIONAL CUT, CA 91950 PROJECT DESCRIPTION: INSTALLATION OF ONE (1) 2 NOT SWARE PANEL ANTENNA, FLUSH MOUNTED 70 EXISTING 100 FOOT MONOPOLE ONE COAXIAL CABLE SHALL BE RUN PARALLEL TO EXISTING COAXIAL CABLE N EXISTING CONDUIT. TRENCH OR TRAY. NO VISUAL IMPACT. ONE RADIO UNIT APPROXIMATELY THE SIZE OF A SMALL BRIEFCASE WILL BE INSTALLED IN AN EXISTING RADIO RACK RI T11E EXISTING EQUIPMENT ROOM. 2I0 VISUALIMPACT. LEGAL DESCRIPTION: THAT PORTION OF THE WEST HALF OF 80 ACRE LOT 1, IN QUARTER SECTION 13O OF TINE RANCHO DE LA NACION. IN NATIONAL CITY. SAN DIEGO COUNTU, STATE- OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 166. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID- SAN DIEGO COUNTY ON MAY 11, 1869 LYING NORTHEASTERLY OF THE NORTHEASTERLY UNE OF INTERSTATE 805 OF(STATE FREEWAY CALIFORNIA BY DEED RECORDED CONVEYED AS ON FEBRUARY 13. NE45 n NO. 24766 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. PROJECT ADDRESS: 2005 EAST FOURTH STREET NATIONAL CRY, CA 91950 ASSESSORS PARCEL NUMBER: 554-050-IS EXISTING ZONING: TOTAL SITE AREA: PROPOSED PROJECT AREA: NA TYPE OF CONSTRUCTION: v R EXISTING BLDG. OCCUPANCY: 9 IC —OS ONSRNRowU. CMC OPEN SPACE) 449,539.2 SF IO.S2 ACRES SHEET SCHEDULE TITLE SHEET t PROJECT DATA SITE PWI, ENLARGED SITE PLAN t EAST ELEVATION APPLICABLE CODES ALL WORK SHALL COMPLY WITH THE FOLLOWING APPUCABLE CODES: CALIFORNIA STATE BUILDING CODE. TRUE 24. 1998 EDITION UNIFORM BUILDING CODE. 1997 EDITION UNIFORM PURRING COOS, 1997 EDITION UNIFORM MECHANICAL CODE. 1997 EDITION NATIONAL ELECTRICAL CODE, 1996 EDITION IN THE EVENT OF CONTACT, THE MOST RESTRICTIVE CODE SHALL PREVAIL ACCESSIBILITY DISCLAIMER THIS PROJECT IS AN UNOCCUPIED WIRELESS PCS TELECOMMUNICATIONS FACILITY AND, ACCORDING 70 WRITTEN BJTERPRETATIOII FROM THE CAUFORNIA DEPARMENT OF THE SATE ARCHITECT. IS EXEMPT FROM DISABLED ACCESS REQUIREMENTS. Bgoni tam ARCHITECTURE e. PLANNING VMIMn I, 001. A(C,IN(( WNII I M/MI 01•016l1It x91C1 41l. (41N.e. (, (aeM (MO) .l1-( a PREPARED FOR � WIRPI FCC$ERVN:E$ 7480 CONVOY COURT SAN DIEGO, CA 92111 APPROVALS ZONING CONSTRUCTION DATE DATE DATE SITE ACOUISITION OWNER APPROVAL DATE DATE PROJECT NAME 43RD STREET PROJECT NUMBER SD-0329 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO DRAWING DATES 9/9/02 ZO REVIEW SHEET TITLE TITLE SHEET PROJECT DATA PROJECTS\ ATT so m era\ 0208 (aa\020E1((T 1. D W G T-1 PROPOSED ATIT PIES 2 roar SOLIARE PANEL ANTENA FLUSH MOUNTED BELOW L.16HT FIXTURE RACK TO DOSTING 100 root MONOPOLE N 12'r 20E \52•3 0 PROPERTY LSE 0- • siTge PLAN S 1214' OP PI DUSTING LIGHT POLE •86. aEOSINS ATET 300,00. EOLEFT113,4T & Sti DAMNS ; SO POURBE SWEET CENTTIFMLosLE OF EXISTING ANT1T1•4 PIA BOTTOM OF LIGHT MIME RACK CENTERLINE OF PROPOSED ATIT PANEL. ANTENNA EXISTING LIGHT MAX El 11 • 5. 2 PROPOSED ATVS MIMESIS 2 FOOT sow& r•••L ANTIBINA MEN MOUNTED BELOW USW FUOLRE RACK TO E44STIN6 100 FOOT PISTONS, ATIT SKTEINAS TO REMAIN EXISTING ATE T ME:WM TO REPLAN EXISTING. LIGHTS FOR BASEBALL DiAMONo 'PROPOSED, ATIT PORELESS 2 FOOT eemm.= MEI- AROSNA PLUSH MOUNTED DELON LIGHT FUOVRE RACK TO EXIST430100 FOOT I-DNOPOLE , EXIST•49 CONCRETE MONOPOLE EXISTS* CONCRETE LANDINS EXIST**ATIT EOUIPI-ENT LDINS EXISTURS PROASNT-IRON DCLORRE EXISTING 1RE • —E14519TS COAXIAL CABLE 11TE1C14 ANTENNAAThArni 79.0r EOSINS LIGHTS FOR BABEDALI- PIAPOND (ABOVE, ENLARGED SITE PLAN EOSINS ATI T I.SUIPMENT !SALONS i EXISTINS GRACE EAST ELEVATION ICM EXLSTINS RETARRNS FIALL tr.AM ARCHITECTURE i TIARITIOC VOW., 11 000.1.01 _____ II{Cf 1041•1 1 watt •44C•1114C1 0,13.1 ei44S0411. C. •10,1, 040 il•••.>. PREPARED FOR AT&T WIRPFSSSEBVl�Es 7480 CONVOY COURT SAN DIEGO, CA 92111 APPROVALS R.F. DATE ZONING DATE CONSTRUCTION DATE SITE ACQUISITION DATE OWNER APPROVAL DATE PROJECT NAME 43RD STREET PROJECT NUMBER SD-0329 2005 EAST FOURTH STREET NATIONAL CITY, CA 91950 SAN DIEGO DRAWING DATES R/9/02 ID REVIEW SHEET TITLE SITE PLAN, ENLARGED SITE PLAN & EAST ELEVATION PROJECTSVATTsamonA0208<zA02084.41.DWG A-1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2002 18 AGENDA ITEM NO. ITEM TITLE TIME EXTENSION REQUEST - TENTATIVE SUBDIVISION MAP FOR DIVISION OF A VACANT, 61,420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E. 16TH STREET AND M AVENUE. (APPLICANT: FRANK AND LINNEA ARRINGTON) (CASE FILE NO.: S-2000-2) PREPARED BY Jon Cain® DEPARTMENT Planning EXPLANATION The project site is a 1.4-acre parcel on the north side of E. 16th Street at M Avenue. The lot is just west of the National School District offices. The property is zoned RS-2 Single -Family Residential, and is in a primarily residential neighborhood. The City Council approved a Tentative Subdivision Map for the property in December 2000. The map expires on December 12, 2002 unless extended. The approval allows for division of the lot into nine parcels ranging from 6,720 to 6,850 square feet in size. Each property is proposed for development with a two-story, three bedroom, two and one-half bath home. The project also involves construction of street improvements on M Avenue. The applicant is requesting a time extension for the Tentative Map. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. The Council has approval authority since the Council acted on the item. No special findings are necessary to approve the time extension. i CEnvironmental Review Financial Statement N/A X NJACategorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for Tentative Map S-2000-2 be extended for one year to December 12, 2003. it.iedrp BOARD f COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution no. 2000-161 2. Location map 3. Applicant's letter of request Resolution No. A ( P11carIrsp RESOLUTION NO. 2000 - 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE SUBDIVISION OF A VACANT, 61420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E.16TH STREET AND M AVENUE. APPLICANT: FRANK AND, LINNEA ARRINGTON. CASE FILE NO. S-2000-2 WHEREAS, application was made for approval of a tentative subdivision map for nine single-family parcels on a vacant, 61,420 square foot lot at the northwest corner of E. 16th Street and M Avenue on property generally described as: Parcel A: Parcel 2 of Parcel Map No. 15423, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, October 24, 1988 as File/Page No. 88-542010 of Official Records. Parcel B: An easement for sewer purposes over, under, along and across the easterly 10.00 feet of Parcel 3 of Parcel Map No. 6919, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 22, 1978 as File/Page No. 78-070791 of Official Records. WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearing held on September 18, 2000, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on November 28, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. S-2000-2 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide one parcel into nine single-family parcels based on the following findings: 24. Resolution No. 2000 — 161 December 12, 2000 Page Two 1. The proposed map is consistent with the National City General Plan, since the map provides for the development of nine single.'*Mily homes in a single-fmily residential zone; and since the General Plan encourages the opportunities for home ownership which will be created by the project. No Specific Plan has been adopted for the project area. 2. The -site is physically suitable for the proposed density of development, since the 1.41-acre lot can accommodate building pads for nine homes on lots at least 5,000 square feet in size. 3. The site is physically suitable for the proposed type of develo 1 1 0 since the property is in an existing residential neighborhood. 4. The design of the subdivision and the proposed impro - are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project is located on a disturbed site in an urban area and no unique environmental resources exist on the site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision since there will be no alterations or impr-ovements to existing easements crossing the proposed parcels. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2000 — 161 December 12, 2000 Page Three BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of a vacant 61,420 square foot lot into nine single- family parcels at the northwest corner of E. 1 611` Street and M Avenue is hereby approved subject to the following conditions: 1. Plans must comply with the 1998 editions of the California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and the California Title 24 energy and handicapped regulations 2. A fire hydrant shall be installed in the new portion of M Avenue. The location of the new hydrant shall be determined in consultation with the Fire Department and shall comply with all City requirements. 3. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. - The study shall consider the area from the project site to the closest municipal storm drain outlet 4. A grading and drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall incorporate the findings of the hydrology study. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run- off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters A checklist for preparation of the grading and drainage plan is available at the Engineering Department 5. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements All necessary street improvements, including curbs, gutters, sidewalks, and paving shall be constructed in accordance with City standards 6. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. Resolution No. 2000 — 161 December 12, 2000 Page Four 7. A sewer permit will°be'required The method of sewage .collection and disposal shall be shown on the gradingldrainage plan., Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 8. 'A new street light shall be installed at the corner of 16t„Street and Avenue. The street light and location shall comply with City standards and ADA r gequirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to approval and installation:. 9. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 10. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage,,, street improvements, and landscaping work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment,. 11. All surface run-off, including landscaping ; adjoining the public right-of-way, shall be collected by" approved drainage facilities, anddirected to the street, by sidewalk underdrains or a curb outlet. Adjacent properties shall beprotected from surface run-off resulting from this development. 12. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improveients installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. The existing 36-inch CMP storm drain crossing diagonally on M Avenue shall be upgraded to comply with Engineering Department requirements. The grading and drainage plan shall show the construction of all new required drainage facilities, including the installation of a minimum 36-inch RCPstormdrain in M Avenue with drainage inlets to convey the drainage northerly from 16th Street. Resolution No. 2000 —161. December 12, 2000 Page Five 14.. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 16. Separate water and sewer laterals shall be provided to each lot. 17. The developer shall bond for the monumentation, the public improvements and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 18. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 19. The final map shall be recorded prior to issuance of any building permit. 20. All new property line survey monuments shall be set on private property, unless otherwise approved. 21. The final map shall use the California Coordinate System for its `Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 22. The property shall be annexed into Community Facilities District no. 10 prior to the issuance of building permits. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 24. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Resolution No. 2000 — 161 December 12, 2000 Page Six 25. Each lot shall have a minimum lot area of 5,000 squint feet and a minimum of fifty feet of street frontage: The final map shall be in substantial conforipance with the tentative map depicted in Exhibit A, case file no. S-2000-2, dated May 4, 2000. Landscaping in the public right-of-way shall he installed in co4unction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S-2000-2, dated July 11, 2000, and as further specified in the landscape plan pursuant to condition no. 24. 26. Buildings shall be in substantial conformance with those depicted in Exhibit B, case file no. S-2000-2, dated May 4, 2000. 27. Homes shall have doors opening into die rear yard.to. encourage the use and maintenance of rear yard areas. 28. Minimum 30-year shingles shall be used for roofing. 29. Final building design plans shall be submitted for Planning Commission review prior to issuance of building. permits. 30. Prior to approval of the final map, the subdivider shall submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Map, particularly conditions 26, 27, 28 and 29 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 31. The tentative map shall be modified to show the new section of M Avenue intersecting 14th Street only and not 161 Street A cul-de-sac shall be provided at the southern end of M Avenue near 16th Street If a traffic study indicates that this requirement is not necessary or feasible, the Council may waive this condition. BE IT FUR-THER RESOLVED that copies of this. Resolution be transmitted forthwith to the applicant; and, BE TT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. -- Signature Page to Follow -- Resolution No. 2000 —161 December 12, 2000 Page Seven PASSED and ADOPTED this 12th day of December, 2000. lvfichaelR. Dalla, ' i y Clerk APPROVED AS TO FORM: City Attorney $� Eo 1110 1304 g /3/7 g 13/8 $ as ME/8 ,. �ST.x /335 g1441 I-N g 1537 'a /324 g /444 /620 /616 a 16: RS-3-PD PROJECT LOCATION 'om`` ZONING BOUNDARIES 1313 SOWS 4 /334 Eax V. b i9 Sao, • Rs-3-PD 14 I 15fh STREL isosm a 3 4 tl 5 8 7 E z m Ot 7 TO SCALE: 1" =200' NORTH LOCATION MAP Northwest corner of 16th Street and M Ave, NAT/ONil S-2000-2 eE to 14 cog S. MAP as 7 L STREET IDRN. DATE: 8/16/00 9/18/00 O h .111 ovuuaa INITIAL HEARING: CITY PLANNING )1. September 11, 2002 Mr. Burton Myers City Engineer City of National City 1243 National City Blvd. National City, CA 91950-4397 Subject S-2000-2, IS-2000-3, TM @ 16th and "M" Avenue Dear Mr. Myers: We hereby request a time extension for the final subdivision map at 16th delays in processing. Sincerely yours, Frank & Linnea Arrington 2650 Camino Del Rio 50 San Diego CA 9 Frank Li ea Arrington NATIONAL an( PLANJ4 ARTMENT jfic SEP 1 7 2002 , d "M" Avenue due to ;-.,J `ON\.1 UI I Y HtVtvttvt, utr I . EXHIBIT CASE FILE NO.LL—�= SOUTH BAY PLAZA SATE: SOUTH BAY PLAZA w /f! T I I. , - \ \• \ N I. " ; I 116 , \' WAS nacse mu- L_t, `' ay—=tiI ' b L� iS rA�vm ~ I LLeL.� Roe—L-- IX CUM 11 100= Ae DI 1e' MAID( 1 8 1 �'1 1�\.i \ \,1,\\. �• \. EX O PO k CRIER Dt ROM 16TH 4 14T}{ STREET CA,C Goo= TENTATIVE MAP SCALE: 1 - 50' Ewer.two,<W Oorocr HMNf^os • AC4 '! C -, 9,064 066YJ No TIE: Nea,Or+N6 _ it. . c o r. ?.a Caromwa+.rt- 4.6 / IX AC PA400' k TYPICAL SECTION . T fi STREET NOT TO WALL :NAtOG10' / amPmmaae. / / / CRUERA* 00(0811 Cma / P" , TYPICAL SECTION -M AVENUE / /o o (I67N31•• y. es �l v y�/ v *NOM WAS y,�nnG ow( / e1 yr .wru. Be P�•�h^aTMa.. 4 PE}[. Ts111s Eor. / 2)wN 4;0 MAW WIZ VS MISIA. WIC, t a / W/ / l.F 0 A/ / / 1h / Lor AeEAs LOTS 49 = (e7ZOS. F. LOr5 3 —,3 - 612,5o S.F IX ROW IX CURB k CUTER MER a � cx STREET vivir/PSC:: YMryYMryYMp `` Nina* Nor SubAL—Cr Imo. 3•/ 100 Y2' 3'MXA•l. E 1lerf .J4 USG- : J .,�! Pao Y7e07 use : 9 CeT LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 15423 ASSESSOR'S PARCEL MAP 557 — 351 — 16 OWNER / APPLICANT FRANK & LINNEA ARRINGTON 2650 CAMINO DEL RIO NORTH SUITE 350 SAN DIEGO, CA. 92108 PHONE: (619)3 1660 NK & LINN RINGTON rvrePt DATE DATE WATER SUPPLY SWEETWATER AUTHORITY FIRE PROTECTION CITY OF NATIONAL CITY FIRE DEPARTMENT SEWAGE DISPOSAL CITY OF ENATIONAL CITY T � PMT �✓'`NARY J6. SYSTEM X/3?%VC , EXISTING & PROPOSED ZONING R3 -2 SOURCE OF TOPOGRAPHY ALGERT ENGINEERING,INC. I5 Ii A '!o6< s% r-1 a .x�ooM1 RAC cur - 8,900 CY FILL a 8,900 CY EXPORT = 0 GY PREPARED BAY'. =Parra. tia [Mq Cs -Id .At rya) ao-wa JAMEv'— S H. ALGE , RCE 19073 JN 5587 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 19, 2002 AGENDA ITEM NO. 19 f ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JROTC AND WAIVER OF FEES PREPARED BY EXPLANATION Burton Myers DEPARTMENT Public Works The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Martin Luther King, Jr. Community Center for their promotion and change of command ceremony on Wednesday December 4, 2002. They are requesting the Center from 6:00 p.m. until 9:00 p.m. They will be expecting approximately 300 people to attend. Costs: Building: $263.85 Custodial: 100.53 Total: $364.38 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. CEnvironmental Review x N/A Financial Statement Approved By: Loss of $364.38 to the general fund if waiv r of fees is approved. STAFF RECOMMENDATION ' ve Council decision on use oft�.� ��p�ty Ce'ptn� �iia�rer of fees. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Martin Luther King, Jr. Community Center 2. MCJROTC letter dated October 23, 2001 A-200 t9:99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". 5� .3 "t =fz4 S C_ i�c3P6` Name of Organization: ee,. U-/► t � � `�`o rc Business Address: 27 cro / ,Wo, 2 f m-, nil-/z 'C j ' ca4 Yr?/9S° Name of Applicant: Caer)d— riaYaotrr f DSO" Address: 2 y c o 1-1-7.4leo,1I ofott, 4 iigjv Telephone Number: day (6/1) 11.77-3 7SY, evening (6/ 67/- 7/2 Type of Function: RLA-htrfl' eigra' fl j Date Requested: 17fc(n'/ 2=o 2- Decorating Time: 6 -'yip (am/0 )' to (amp Function Time: 7' dv (am0) to S: 30 (amp Clean up Time: :.iv (am/em to ' c2) (arn/ gED Use of Kitchen: }( no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: 3 oo Will Admission be charged? N U If yes, Amount $ Will this event be used as a fund raising event? %.J 0 Will alcohol be served? /JQ If yes, ABC Permit Submitted? Certificate of Insurance attached? E Special configuration of tables or chairs required? ''ES If yes, attach sketch. Special equipment required? 1,30 If yes, attach list. Copy of Rules & Regulations provided? . S Initials I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. E Signatur • ' Ap •' icant Ig Seer 2c�D2- Date rev. 09/02 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization Se Carr c o r /12571 S -heere f)'! c-afC... Person in charge of activity CcLon C . Address 2 ijV l h41,,.d /) frIti u, /! c cpit 9IlJ°-�T"elepho�ne 6(7- �7- 7.574 City facilities and/or property requested h4 a) >r. -_}-c Ti �� rrr mun �y�Qrr /L Date(s) of use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken,. under the permit by the permittee or its agents, employees or contractors. Signature of Applica (' /A/ruc& C7/C Official Title Date Certificate of Insurance Approved by Name and Title • rev. 09/02 MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 23 October 2002 Mr. Burt Myers 1243 National City Blvd. National City, CA. 91950 Sir, The Sweetwater Union High School Marine Corps JROTC unit request the use of the. National City Community Building on Wednesday, December 4th 2002 (6-9 P.M). We are conducting our Semester promotion and change of command ceremony. In addition, we are requesting waiver of facility fees. I have submitted the required application for use of the facility. Favorable consideration is appreciated. Sincerely, Robe Cob , USMC (ret) Senior Marine Instructor MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 19, 2002 AGENDA ITEM NO. 20 7-ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE NATIONAL SCHOOL DISTRICT AND WAIVER OF FEES PREPARED BY EXPLANATION Burton Myers DEPARTMENT Public Works The National School District is requesting use of the north and south rooms and kitchen of the Martin Luther King, Jr. Community Center on Wednesday December 18, 2002. The District is requesting the Center for a school band and choir performance. The hours are from 5:45 pm until 8:45 pm. The performance is from 6:30 pm to 8:30 pm. There will be 550 people, including the performers and the audience. Cost: Building: $351.78 Custodial: 134.08 Kitchen: 50.00 Total: $535.82 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted `Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council to waive the fees. J Environmental Revie�nr/ _x N/A Financial Stateme Loss of $535.82 if fiver of fees i approvgd. STAFF RECOMMENDATI Council decision on us:' a �•f f BOARD / COMMISSION RECOMMEN.DATIOI�I N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Community Center. 2. National School District Letter dated October 7, 2002 A-200 )9 99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: National School District Business Address: 1500 N Avenue Name of Applicant: Katie Filzenger Address: 1500 N Avenue Telephone Number: day (611 336-7760 evening ( ) Type of Function: School Rand/Choir Performanrp Date Requested: Wednesday, December 18, 2002 Decorating Time: . 5:45 p.m. (am/pm) to 6:30 p.m (am/pm) Function Time: 6:30 p.m. (am/pm) to 8:30 p.m. (am/pm) Clean up Time: 8:30 p.m. (am/pm) to 8:45 p.m. (am/pm) (access for making cottee only) Use of Kitchen: no x yes If yes, Time: (we wii f )mffiterials and nt) Number of Participants: 550 Rooms N + S Will Admission be charged? no If yes, Amount $ Will this event be used as a fund raising event? Da Will alcohol be served? no Certificate of Insurance attached? If yes, ABC Permit Submitted? no Rooms N+S Special configuration of tables or chairs required? Yes If yes, attach sketch. Special equipment required? yes If yes, attach list. stationary microphone and stage Copy of Rules & Regulations provided? yes Initials le-f I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's fapility; Signatureof Applicant CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and tosign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization National School District Person in charge of activity Katie Filzenger Address 1500 "N Avenue - Telephone 336-7760 City facilities and/or property requested Date(s) of use rtin Luther King Jr. Community Center December 18. 2002 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, .including attorneys fees and the costs of litigation, arising out of or related to the use of public property. or. theactivity taken under the permit by the permittee or its agents, employees or contractors. Signa Director of Special Education 10/7/02 Official Title Date Certificate of Insurance Approved by Name and Title rev. 09/02 NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 October 7, 2002 Members of the National City Council: The National School District Music Program will be using the Martin Luther King Jr.Community Center the evening of December 18, 2002 for the purpose of a parent performance. We request a waiver of fees for this occasion. Sincerely, Katie Filzenger Director, Special Education BOARD MEMBERS: ROSALIE "ROSIE' ALVARADO; ANNE L. CAMPBELL CECIUA GARCIA-KIRK; ALMA GRAHAM; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN, Ed.D. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT SUPERINTENDENT —HUMAN RESOURCES: CYNTHIA A. MESAROS MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING OFF AGENDA ITEM NO. 1 City Council Meeting of November 19, 2002 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2002 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: Monica Williams PREPARED BY Michael R. Dalla, C (DEPARTMENT City Clerk EXPLANATION The claim of Monica Williams arises from an occurrence on October 10, 2002 and was filed with the City Clerk's Office on October 17, 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 CLAIM FOR DAMAGES TO PERSON OR PROPERTY RECEIVED CITY CLERK INSTRUCTIONS 1. Read entire claim before filing. 2. This claim form must be signed at bottom. 3. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET. gms-0 4. Claim must be filed with City Clerk, 1243 National City Boulevard, National City, CA 62656-4e977: (619) 336-4226 BIZ OCT I -I I-1 3: 3 CITY OF NATIONAL CITY To the Honorable City Council City of National City, California Attention: City Clerk The undersigned hereby presents the following claim to the City of National City, in accordance with the laws of the State of California. 1. Name of Claimant: CA (t OSr r1J 2. Home address of Claimant: 7O)0 (A lA.(S(il-i AtiP Home Telephone Number: Business address of Claimant - Business Telephone Number: (61 a % '( CI-6 U s s 3. Give address to which you desire notices or communications 70.2.0 t In) uP4 S ( C (.sfi yvi t° S 4. How did. DAMAGE or INJURY occur? Give full particulars: cm, to l to1C;a +&1 e (4S 4-.. IA Fforv. of- Off ic`c (2.)L)Ile c Nj f e Sri�F J� •-. e G1 UC l ( D c - %t)r 1IIMMs to be sent regarding this claim: r9( - cw s etc) l-ov,c,t 5. When did DAMAGE or INJURY occur? Give full particulars, date, time of day: 6. Where did DAMAGE or INJURY occur? Describe fully, and attach street names and addresses and measurements from landmarks: diagram where appropriate. Give Oiv (76to4 !1)e_ uT tick IMP jI Tj A-er S°P c -1-, 011. , of -70 I - el C Una t t)e-I Ti / 7. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City em- ployees causing the injury or damage, if known: 8. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: 9. Names of physicians, hospitals, etc • 10. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: 11. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: 6,294-) frjc 4--ee Sro-e /10%e. 12. Insurance payments received, if any, and names of Insurance Company: ti4Uh1�. 13. Expenditures made on account of accident or injury: (Date -Item) (Amount): AJD 14. Name and address of Witnesses, Doctors and Hospitals: pv/CTr'JNh'"i ( i/-l( 19O 110E' 6r. S 1Nfe a .Coke / ! I declare under penalty of perjury that I have read the foregoing claim and the papers attached thereto, and that the same are true and correct to the. best of my knowledge. DATE- , Wilatiq7 Motu 4- 1,01(161itiS Claimant or Agent '7oao 0,1verSj Ave cA Yiie f Address? of Above (big) ybt-60 Telephone No. of Above 10/17/2002 at 02:43 PM Job Number: 11843 Insured: Owner: Address: Day: Inspect Location: Insurance Company: SID'S AUTO BODY License #:AE117686 Federal ID #:33-084951 AUTOMOTIVE SERVICE EXCELLENCE 7473 EL CAJ9N BLVD LA MESA, CA 91941 (619)698-7730 Fax: (619)698-7773 PRELIMINARY ESTIMATE Written by: TYRONE FRAZIER # Adjuster: MONICA WILLIAMS MONICA WILLIAMS 7020 UNIVERSITY AVE. LA MESA, CA 91941 (619)461-6055 Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 2001 FORD RANGER 4X2 4-2.5L-FI 2D SHORT BLACK Int: VIN: 1FTYR10C51PA39863 Lic: G50-AHG FL Prod Date: Odometer: 21752 Intermittent Wipers Dual Mirrors Clear Coat Paint Power Steering Power Brakes Anti -Lock Brakes (4) Driver Air Bag Passenger Air Bag Split Bench Seats Rear Step Bumper Styled Steel Wheels NO. OP. DESCRIPTION TY EXT. PRICE LABOR PAINT 1 PICK UP BOX 2* Rpr RT Side panel 6 foot bed w/o whl opening mldg 3 Add for Clear Coat 4# Rpr SHEET METAL PULL 5 R&I Splash guard 2WD front & rear 6 CAB 7 Bind RT Side panel outer 5.0 2.9 1.5 0.2 1.2 0.8 , ." 19/17/2002 at 02:43 PM 11843 Job Number: PRELIMINARY ESTIMATE 2001 FORD RANGER 4X2 4-2.5L-FI 2D SHORT BLACK Int: NO. OP. DESCRIPTION I QTY EXT. PRICE LABOR PAINT 8 REAR LAMPS 9 R&I RT Tail lamp assy 10 REAR BUMPER 11 R&I R&I bumper assy 12# Cover Car Exterior 1 7.50 T 13# Repl Color Sand & Buff 1 14# Hazardous Waste Disposal 1 1.50 X 15# Rpr Tint Color 0.3 0.6 0.5 1.0 Subtotals ==> 9.00 9.1 4.9 Parts 0.00 Body Labor 9.1 hrs @ $ 36.00/hr 327.60 Paint Labor 4.9 hrs @ $ 36.00/hr 176.40 Paint Supplies 4.9 hrs @ $ 22.00/hr 107.80 Sublet/Misc. 9.00 SUBTOTAL Sales. Tax $ 620.80 $ 115.30 @ 7.7500% 8.94 GRAND TOTAL INSURANCE PAY $ 629.74 $ 629.74 THANK YOU FOR CHOOSING SID'S AUTO BODY! PLEASE REMOVE ALL PERSONAL VALUABLES FROM YOUR VEHICLE WHEN LEAVING FOR REPAIRS. City of National City Risk Management 1243 National City Boulevard, National City, CA 91950 (619) 336-4240 California Auto Leasing Attn: Monica Williams 7020 University Avenue La Mesa, California 91941 Re: Claim Presented to the City of National City on October 17, 2002 Dear Ms. Williams: In your claim, you state ...On 10/10/02 there was a police shoot out in front of my office. Bullets were found on the side of the truck. You ask for $629.74 in damages to a 2001 Ford Ranger. To perfect your claim against the City of National City, the burden of proof is upon you to establish that the condition was created by the negligent act of a City employee. Or the City had actual or constructive notice of the condition. In this case, the officers were pursuing a suspect who had shot at them. Their actions were reasonable. The police officers were not negligent in the performance of their duty. California Government Code Sections 815.2, 820.2 and 821.8 provide immunity from liability for police employees acting within the course and scope of employment. After reviewing your claim and investigating, the circumstances, the City of National City has decided to reject it. We are sorry your truck was damaged; however, we cannot see a basis for the taxpayers of National City funding the claim. Enclosed is a notice of rejection. Sincerely, Kassia W. Kossyta Risk Manager Enclosure Copy to: City Attorney Police Chief ® Recycled Paper OFF AGENDA ITEM NO. 2 City Council Meeting of November 19, 2002 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 19, 2002 AGENDA ITEM NO. (ITEM TITLE CLAIM FOR DAMAGES: California Auto Leasing c/o Monica Williams PREPARED BY EXPLANATION Michael R. Dalla, CI\ PARTMENT City Clerk The above claim arises from an occurrence on October 10, 2002, and was filed with the City Clerk's Office on October 17,2002. Environmental Review 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 CLAIM FOR DAMAGES TO PERSON OR PROPERTY RECEIVED CITY CLERK INSTRUCTIONS 1. Read entire claim before filing. 2. This claim form must be signed at bottom. 3. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET, q(qS ) 4. Claim must be filed with City Clerk, 1243 National City Boulevard, National City, CA 92056-489t: (619) 336-4226 RIZ OCT 11 I-) 3: 31 CITY OF NATIONAL CITY To the Honorable City Council City of National City, California Attention: City Clerk The undersigned hereby presents the following claim to the City of National City, in accordance with the laws of the State of California. 1. Name of Claimant: Pt( trof 1.JLA A 0-1- ( S Liu C C Ivo P(C- Winilf ^� 2. Home address of Claimant: 70020 (...)A-)i.i ice ..4ue Home Telephone Number. Business address of Claimant - Business Telephone Number: (Gii) q 61-(joss 3. Give address to which you desire notices or communications to be sent regarding this claim: 70.20 t)nluP4'Sl� ifue (A- V i -1 C4 •it / 4. How did DAMAGE or fNJURY occur? Give full particulars: fi'oyi-- of- OfFlc'r F. to IU )4 ? A e LA.A.AS .40lICf �� 7. - flv 5. When did DAMAGE or INJURY occur? Give full particulars, date, time of day: 6. Where did DAMAGE or INJURY occur? Describe fully, and attach diagram where appropriate. street names and addresses and measurements from landmarks: Give e i SP !'tk 0,&.J. o [ - -70 iJA .i t t /Q..i` CO*/ 7. What particular ACT or OMISSION do you claim caused the injury or damage? Give names of City em- ployees causing the injury or damage, if known: lai'I 10 n.r4L c; 4-y Po re ( rpm Welsch' ) 8. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: 9. Names of physicians, hospitals, etc • 10. What AMOUNT do you claim on account of each item of injury or damage as of date of presentation of this claim, giving basis of computation: 11. Give ESTIMATED AMOUNT as far as known you claim on account of each item of prospective injury or damage, giving basis of computation: 12. Insurance payments received, if any, and names of Insurance Company: ru0/u -. 13. Expenditures made on account of accident or injury: (Date -Item) (Amount): 14. Name and address of Witnesses, Doctors and Hospitals: <; 1 f2i 1 ce p' S.4 Nie Co(Ice I declare under penalty of perjury that I have read the foregoing claim and the papers attached thereto, and that the same are true and correct to the best of my knowledge. DATE. I of Ce1rl1(w1S - Claimant or Agent —70a0 ONttiQ.; s 1 ,Ave Address/ of Above (619) ([6l-6®S7S— Telephone No. of Above riled 10/17/2002 at 02:43 PM Job Number: 11843. Insured: Owner: Address: Day: Inspect Location: Insurance Company: SID'S AUTO BODY License #:AE117686,Federal ID #:33-084951 AUTOMOTIVE SERVICE EXCELLENCE 7473 EL CAJON BLVD LA MESA, CA 91941 (619)698-7730 Fax: (619)698-7773 PRELIMINARY ESTIMATE Written by: TYRONE FRAZIER # Adjuster: MONICA WILLIAMS MONICA WILLIAMS 7020 UNIVERSITY AVE. LA MESA, CA 91941 (619)461-6055 Claim # Policy # Deductible: Date of Loss: Type of Loss: Point of Impact: Days to Repair 2001 FORD RANGER 4X2 4-2.5L-FI 2D SHORT BLACK Int: VIN: 1FTYR10C51PA39863 Lic: G50-AHG FL Prod Date: Odometer: 21752 Intermittent Wipers Dual Mirrors Clear Coat Paint Anti -Lock Brakes (4) Split Bench Seats Power Steering Driver Air Bag Rear Step Bumper Power Brakes Passenger Air Bag Styled Steel wheels NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 1 PICK UP BOX 2* Rpr RT Side panel 6 foot bed w/o whl opening mldg 3 Add for Clear Coat 4# Rpr SHEET METAL PULL 5 R&I Splash guard 2WD front & rear 6 CAB 7 Blnd RT Side panel outer 5.0 2.9 1.5 0.2 1.2 0.8 1 10/17/2002 at 02:43 PM Job Number: 11843 PRELIMINARY ESTIMATE 2001 FORD RANGER 4X24-2.5L-FI 2D SHORT BLACK Int: NO. OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT 8 REAR LAMPS 9 R&I RT Tail lamp assy 10 REAR BUMPER 11 R&I R&I bumper assy 12# Cover Car Exterior 1 7.50 T 13# Repl Color Sand & Buff 1 14# Hazardous Waste Disposal 1 1.50 x 15# Rpr Tint Color 0.3 0.6 0.5 1.0 Subtotals ==> 9.00 9.1 4.9 Parts 0.00 Body Labor 9.1 hrs @ $,36.00/hr 327.60 Paint Labor 4.9 hrs @ $ 36.00/hr 176.40 Paint Supplies 4.9 hrs @ $ 22.00/hr 107.80 Sublet/Misc. 9.00 SUBTOTAL Sales Tax $ 620.80 $ 115.30 @ 7.7500% 8.94 GRAND TOTAL INSURANCE PAY $ 629.74 $ 629.74 THANK YOU FOR CHOOSING SID'S AUTO BODY! PLEASE REMOVE ALL PERSONAL VALUABLES FROM YOUR VEHICLE WHEN LEAVING FOR REPAIRS. 2 City of National City Risk Management 1243 National City Boulevard, National City, CA 91950 (619) 336-4240 Monica Williams 7020 University Avenue La Mesa, California 91941 Re: Claim Presented to the City of National City on October 17, 2002 Dear Ms. Williams: In your claim, you state ...On 10/10/02 there was a police shoot out in front of my work bullets hit the back of the truck. You ask for $1,364.05 in damages to a 1998 Ford Explorer. To perfect your claim against the City of National City, the burden of proof is upon you to establish that the condition was created by the negligent act of a City employee. Or the City had actual or constructive notice of the condition. In this case, the officers were pursuing a suspect who had shot at them. Their actions were reasonable. The police officers were not negligent in the performance of their duty. California Government Code Sections 815.2, 820.2 and 821.8 provide immunity from liability for police employees acting within the course and scope of employment. After reviewing your claim and investigating the circumstances, the City of National City has decided to reject it. We are sorry your truck was damaged; however, we cannot see a basis for the taxpayers of National City funding the claim. Enclosed is a notice of rejection. Sincerely, (A.) M � Kassia W. Kossyta Risk Manager Enclosure Copy to: City Attorney Police Chief ® Recycled Paper nvr' lu"UC. VJ'VO rll r ma nv, T. uc troommtems SMAHA DALEY grommir November 18, 2002 Mr. Nick`lnzunza Mayor Elect/Council Member 1243 National City Boulevard National City, CA 91950 Re: Our Client: Trophy Lounge Dear Mr. Inzurtza: Please be advised that we represent the interests of Fred Denim, Inc. which does business as the Trophy Lounge regarding the National City Council meeting which has be en scheduled for November 19, 2002, l believe that you have, in the past, conic in contact with Donna Edwards who is the proprietor ofTrophy Lounge. We are aware that the City Council is contemplating taking unspecified actions at the meeting based on complaints which have been filed by Ms. Janice Martinelli either on her own behalf or on behalf of her neighbors against Trophy Lounge. We are also aware that Ms. Martinelli is currently a member of the National City Manning Commission and resides within 300 feet of Trophy Lounge. Please be advised that we strongly object to any action being taken at the November 19, 2002 National City Council meeting based on any presentation by Ms. Martinelli. The grounds for this objection include but are not limited to the following: Ms. Martinelli is an active member of the National City Planning Commission and resides within 300 feet of Trophy Lounge and we believe under your internal rules of procedure is thereby prohibited from participating in her official capacity in any quasi-judicial proceeding regarding Trophy Lounge; further, as the individual who filed or otherwise organized complaints against Trophy Lounge, Ms. Martinelli, is unable to render an unbiased decision regarding any Trophy Lounge matters; and, lastly, the notice of hearing does not adequately appraise Trophy Lounge of the nature of any action the City Council wishes to take. As you aro also aware, Trophy Lounge has been in business for decades at its present location and is a valuable asset to the area. Trophy Lounge is also contemplating improvements to its physical plant and appearance which, at some point in the near future, JOHN L. SMAMA TIMOTHY ), IIALEY WC). SiEGLER arum) O'ME.ARA JA}IES ) CLEMENT' nl ,o„wn an,ee, In.,,, 7460 MISSION CENTER COURT fOtt,InawI..,�,rocruwrwv • SbIrE lee - SAN e/ECo, CALIFORNIA 911ns (619) 688•-1557 • ?AX (619) 688-1558 Website: ,1HIIha-diley.cofll 7a riNHM(iq HNlJffi Fi7.CF.7.b Rb:RI 7RL17.» li!TT IN• IV Vt_ INIV Vs" IV 111 November 18, 2002 Page 2 will be presented to the Planning Commission. Trophy Lounge is attempting to be a "good neighbor" within the limits of the law and will continue to do so in the future. In light of the foregoing, we would appreciate any support you could add to Trophy Lounge's continued operations at its existing location. If you have any questions or comments please do not hesitate to contact me. JLSJsir cc; Ms. Donna Edwards W :\.� D W,� R i13Warr W if 1. iluu�tea. pI. \vp,�: CO 3DVd Sa8VMa3 vNhloa ecZ56Zh E19. Z003i501TT. SAN DIEGO LEGAL OFFICE 1111 Sixth Avenue, Suite 200, San Diego, CA 92101 Telephone: (619) 239-7861 Fax: (619) 239-7906 Toll Free: (800) 776-5746 TTY: (800) 576-9269 November 19, 2002 Michael R. Dalla, CMC — City Clerk City of National City Office of the City Clerk 1243 National City Boulevard National City, CA 91950-4397 Re: An Appeal of the Planning Commission Action Regarding New Construction at 2244 E 4th Dear City Council Members: Protection and Advocacy, Inc. (PAI) is California's federally mandated system, designated to provide legal advocacy on behalf of people with disabilities. See, e.g., the Protection and Advocacy for Individual Rights Act of 1992, 29 U.S.C. section 794e; the Developmental Disabilities Assistance and Bill of Rights Act, as amended 42 U.S.C. sections 15001 et seq.; the Protection and Advocacy for Mentally I11 Individuals Act of 1986, as amended, 42 U.S.C. sections 10801 et seq.; and the Technology Related Assistance for Individuals with Disabilities Act of 1988, 29 U.S.C. section 2201; see also, California Welfare & Institutions Code sections 4900 et seq. Enforcement of fair housing rights of people with disabilities, including challenges to unlawful local government actions which adversely impact the availability of congregate living arrangements for people with disabilities, is one of our advocacy priorities. Who PAI Represents in this Matter PAI represents Lorraine Barrack. Ms. Barrack is a 44 year old woman who uses a power wheelchair because she has cerebral palsy. Because of her disabilities, she needs help in all personal care activities, including eating and dressing. Ms. Barrack is able to independently operate her power wheelchair. She works during the day at ARC. While there she helps carry items, such as laundry and paper, on "Working in partnership with people with disabilities — to protect, advocate for and advance their human, legal and service rights; striving toward a society that values all people and supports their rights to dignity, freedom, choice and quality of life." City Council Letter Page 2 of 5 her wheelchair and directs others on what to do with the items. Ms. Barrack is quite healthy. She goes shopping and interacts in the community frequently. She likes to socialize with people and people enjoy her company. Often when she is at a local shopping center, friends and neighbors will stop and visit with her. Ms. Barrack looks at magazines, listens to music, and goes to musical plays in her spare time. She also acts as a baby sitter for her 22 nieces and nephews. It is reported that Ms. Barrack has eyes in the back of her head and is able to keep track of the children better than most adults without disabilities. Ms. Barrack is one of the people who will move into the house that the Cheneweth Foundation wants to build at 2244 E 4th Street in National City. She is looking forward to an opportunity to get to know her neighbors and visit the nearby park. Why Lorraine Needs a Big House to Live In The house that the Cheneweth Foundation wants to build will be about 3800 square feet and will be the home for six people who use wheelchairs and have similar needs to those of Ms. Barrack. In order for six people in wheelchairs to live together, they need room to move around. Most wheelchairs on average need about 4 square feet as a turning radius and when motionless needs about a 3 foot by 4 foot area. 3800 square feet is just barely enough room for the six people plus any other needed adaptive equipment, such as shower chairs and lifts, to live in. All the people living in the house will need assistance in their daily living activities, such as bathing, dressing, eating, etc. In order to pool resources and share assistants, six people are going to live together. Otherwise they would be living in individual houses. California Law Says a House for 6 People with Disabilities is to be Treated the Same as Any Other Single -Family Residence (House); Why Does it Require That? As you know, California law requires that an ICF/DD-N for six residents be treated the same as any single-family residence for purposes of land use and construction requirements. Health and Safety Code section 1267.8 very clearly provides that an ICF/DD-N which serves six or fewer persons is to be treated like other single- family residences. This means that, by law, an ICF/DD-N is not an institution and it is not subject to any restrictions other than those placed upon a residential house. The Cheneweth Foundation house will be licensed as an ICF/DD-N. Thus this statute applies to it. City Council Letter Page 3 of 5 The reason for this law is to put into practice the state and federal public policy regarding integration of people with disabilities into the community rather than isolating or segregating them in large institutions. See the recent US Supreme Court's decision concerning a state's obligation to move people with disabilities into the community, Olmsteadv. L..C, 527 U.S. 581 (1999). The City Can Impose Conditions on Houses and It Can Also Waive Those Restrictions Conditions and restrictions on an ICF/DD-N and the people who live there that are not imposed on single-family residences within the same zone violate state and federal laws prohibiting discrimination in housing on the basis of disability. See Fair Housing Amendment Act (FHAA), 42 U.S.C. §§ 3601, et seq.; Fair Employment and Housing Act (FEHA), Cal. Gov't Code §§ 12955, et seq.; and the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq. The City of National City (City) Design Guidelines (Guidelines) are to "guide" what is constructed in the City and are applicable to houses. "The Guidelines are not specifications nor do they preclude alternatives or restrict imagination." City of National City Design Guidelines, p I-1. Their purpose is to "promote high quality residential infill projects .., which are developed within the context of existing neighborhoods .... Id.., p. I1-2. Further, "[t]he planning director shall have authority to waive compliance with all or any portion of the design guidelines ...." Id, p. I-2'. The City has says that the house is too large and bulky for the neighborhood because other single family residences are about 1400 square feet. However, the Guidelines provide guidance about reducing the appearance of bulk without actually making a house smaller. Id at W-10 through IV-11. In other words the house does not actually have to be 1400 square feet to be built in accordance with the Guidelines. The City can either determine that the plans for the house conform with the intent of the Guidelines or determine that they do not. Even if the City determines the plans do not comply with the Guidelines, the City may, according to the Guidelines, waive them if it would not be practical to require compliance or would be a severe hardship on the applicant. Id. at 1-2. Even if the City Decides Not to Waive the Size Requirements under the Guidelines It Still Must Do So as a Reasonable Accommodation Even if the City decides not to waive the size requirements under the applicable provisions of the Guidelines, it still must consider whether or not to waive the City Council Letter Page 4 of 5 Guidelines as a reasonable accommodation for the disabilities of the people who will live in the house. A reasonable accommodation means the City would decide that the Guidelines can be waived because notto do so will deny people with disabilities an opportunity to live in the house. As a reasonable accommodation the City can waive the size guideline and say it is permissible for a 3800 square foot residence to be built because otherwise people with disabilities will be denied a chance to live there. Unfortunately, the City is under the mistaken impression that as long as it applies the Guidelines the same way to the Cheneweth Foundation house as it does to every other house — that it complies with anti -discrimination laws in regards to reasonable accommodation/modifications. This is not true. The FHAA, FEHA and ADA define discrimination on the basis of disability to include the refusal to make reasonable accommodations or reasonable modifications in rules, policies, practices, or services when such accommodations may be necessary to afford individuals with disabilities equal opportunity to use and enjoy a dwelling. E.g., 42 U.S.C. section 3604(0(3)(B); 24 C.F.R. section 100.204(a); Government Code section 12927(c)(1); 28 C.F.R. section 35.130(b)(7). A "reasonable accommodation" means changing some rule that is generally applicable so as to make its burden less onerous on the person with a disability. Oxford House, Inc. v. Cherry Hill, 799 F. Supp.450, 462 n. 25 (D.N.J. 1992) (This case gives an overview of reasonable accommodation standards under the FHAA.). See also Crowder v. Kitagawa, 81 F.3d 1480 (9th Cir.1996) (This case involved individuals who use guide dogs who challenged Hawaii's policy of quarantining for 120 days all carnivorous animals entering the state and gives an overview of "reasonable modification" requirements under the ADA). An example of a reasonable accommodation would be the waiver of a guideline, such as a size requirement, in order to enable people with disabilities to use and enjoy a dwelling. Under the law, a refusal to grant a reasonable accommodation/modification is a form of disability -based discrimination and illegal. Even if one or more of the design requirements are otherwise applicable to the Cheneweth house, if the City refuses to make reasonable accommodations/modifications, in the form of waiving or modifying such requirements in order to permit the proposed houseto be built, its refusal would violate state and federal law. This is because a refusal to make a reasonable accommodation will, in effect, deny people with disabilities a place to live and is illegal under the FHAA, FEHA, and ADA. City Council Letter Page 5 of 5 Conclusion Application of the Guidelines to the Cheneweth Foundation house is a three step process. First, the City must apply the Guidelines to the Cheneweth Foundation house in the same way it would apply them to any residence. Second, the City must consider whether to waive the Guidelines pursuant to Guideline provisions. Finally, if the City does not waive the Guidelines under the Guidelines' provisions, the City must waive the requirement as an accommodation to enable people with disabilities to live in the house, unless doing so would be unreasonable—i.e., create an undue burden. In this instance, waiving the Guideline would not create an undue burden on the City and is reasonable. To deny the requested accommodation would run afoul of state and federal anti -discrimination law. Very truly yours, Margaret Jakobson Managing Attorney cc: Lorraine Barrack PROPOSED: Resolution of the City Council of National City, CA We recognize the election of November 5, 2002, which resulted in a "yes" vote of 68.7% for Proposition L, "Police Review Board Approval." The people of National City have spoken with a clear and strong voice We further recognize that basic to this have been the efforts of Mr. Terry Hanks, who has long struggled for a police review board and is called the "father" of police review in National City. This council asks that the city attorney of National City go to court and ask Judge Scott to reconsider Mr. Hanks' conditions of probation, and that Mr. Hanks sentence be limited to time served and he be released. Mr. Hanks is currently serving a one-year sentence at the East Mesa Facility. 86. 4H oyegr4 LCJ 13e" leaf[ to et c . to it r'