Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2002 12-17 CC AGENDA PKT
AGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - DECEMBER 17, 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 DECEMBER 3, 2002. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 12/17/02 PAGE 2 APPOINTMENT Appointing Mayor Nick Inzunza to the Sweetwater Board Authority effective January 1, 2003. PUBLIC ORAL COMMUNICATIONS (Three -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. PUBLIC HEARINGS 1. Public Hearing: To solicit National City's resident's views and opinions regarding the housing and community development needs of lower income residents. (Community Development Commission) 2. Public Hearing: Reallocation of Community Development Block Grant Funds. (Community Development Commission) **Refer to Item #15 3. Public Hearing: Vacation of 9th Street between Roosevelt Avenue and National City Boulevard. (Applicant: Community Development Commission) (Case File No.: SC- 2002-2) (Planning) 4. Public Hearing: Subdivision and Planned Development Permit for five residential units on the east side of Q Avenue at 7th Street with a variance for the location of parking spaces and fencing. (Applicant: Daniel Furlan) (Case File No.:S-2002- 1/PD-2002-4/Z-2002-3) (Planning) 5. Public Hearing: Amendment to the General Plan, Housing Element, and Titles 17 (Subdivisions) and 18 (Land Use) of the Municipal Code regarding conversion of apartments to condominiums and related regulations. Applicant: Westone Management Consultants) (GP-2002-2 A-2002-3). (Planning) COUNCIL AGENDA 12/17/02 PAGE 3 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. 6. Resolution No. 2002-181 A Resolution of the City Council of the City of National City accepting the lowest responsive, responsible bid from Adamson Industries, and authorizing award of bid GS0203-1 for body armor for the Police Department. (Purchasing) 7. Resolution No. 2002-182 A Resolution of the City Council of the City of National City authorizing the recordation of an Encroachment Agreement with Restructure Petroleum for installation of three groundwater monitoring wells at 1605 East 4th Street and National City property. (Public Works/Engineering) 8. Resolution No. 2002-183 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the five-year license agreement between San Diego Gas & Electric and the City of National City for the Bayshore Bikeway. (Public Works/Engineering) 9. Resolution No. 2002-184 A Resolution of the City Council of the City of National City authorizing the Mayor to execute the Fifth Amended Emergency Service Agreement with the County of San Diego and the signatory cities within the County. (Fire) 10. Disclosure of property interests located within redevelopment project area: Councilman Parra. (City Attorney) COUNCIL AGENDA 12/17/02 PAGE 4 11. WARRANT REGISTER NO. 22 (Finance) Ratification of Demands in the amount of $2,153.005.60. 12. WARRANT REGISTER NO. 23 (Finance) Ratification of Demands in the amount of $377, 217.77. 13. WARRANT REGISTER NO. 24 (Finance) Ratification of Demands in the amount of $1,161,816.98. 14. Claim for Damages: Ralph Zarate (City Clerk) NON CONSENT RESOLUTION 15. Resolution No. 2002-185 A Resolution of the City Council of the City of National City authorizing and approving a reallocation of Community Development Block Grant (CDBG) funds. (Community Development Commission) **Refer to Item # 2 ORDINANCE FOR ADOPTION 16. An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by adding a new Chapter 11.42, Titled "Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed", and by adding new Sections 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 and 11.40.060. (City Attorney) OLD BUSINESS 17. Staff Report — Police Department — 900 "A" Avenue Problem Oriented Policing Project (POP). (Police Department) COUNCIL AGENDA 12/17/02 PAGE 5 OLD BUSINESS (Cont.) 18. City Council Vacancy. **Continued from Council Meeting of December 3, 2002. 19. Adjustments in compensation for Mayor and City Council and for CDC Chairman and Board Members. **Continued from the Council Meeting of December 3, 2002. (City Attorney) NEW BUSINESS 20. Requests by the National City Chamber of Commerce to serve alcohol at their annual dinner. (Public Works) 21. Requests to use the Community Center by the County of San Diego and waiver of fees. (Public Works) 22. Request for use of the Community Center by the National City Community Concert Band and waiver of fees. (Public Works) 23. Notice of Decision — Conditional Use Permit for an industrial building at the northwest corner of Harding Avenue and W. 18th Street, across from St. Anthony's Church. (Applicant: William N. Thornton Jr.) (Case File No. CUP-2002-16) (Planning) 24. Notice of Decision — Conditional Use Permit for a fitness center in the Sweetwater Plaza Shopping Center. (Applicant: Nancy Santos) (Case File No. CUP-2002-20) (Planning) COUNCIL AGENDA 12/17/02 PAGE 6 NEW BUSINESS (Cont.) -> CITY MANAGER —> CITY ATTORNEY -> OTHER STAFF —> MAYOR 25. Use of temporary buildings and trailers for automobile sales. (Mayor Inzunza) —> CITY COUNCIL CLOSED SESSIONS 1) Conference with Legal Counsel -Existing Litigation -Government Code Section54956.9(a) Coronado Branch Line 2) Sewer back-up at 1132 East 20th Street; Simon and Lenor Torres ADJOURNMENT Next Regular City Council Meeting — January 7, 2002 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City COUNCIL AGENDA STATEMENT MEETING DATE: December 17, 2002 AGENDA ITEM NO. i ITEM TITLE: PUBLIC HEARING: TO SOLICIT NATIONAL CITY'S RESIDENT'S VIEWS AND OPINIONS REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOWER INCOME RESIDENTS. PREPARED BY: Paul Desrochers, DEPARTMENT Community Development Commission Executive Director 336-4250 EXPLANATION: The purpose of today's public hearing is to receive input from the residents of National City regarding the housing and community development needs of lower income residents. This public hearing is required by HUD before the writing of the FY 2003-04 Consolidated Plan Annual Plan. A copy of the City's Citi- zen Participation Plan can be seen in Attachment #2 to this report. Each year the City completes a process to solicit and approve programs and projects eligible for federal funding. The Department of Housing and Urban Development (HUD) has informed the City that approxi- mately $1,400,000 in Community Development Block Grant (CDBG) and $650,000 in HOME Investment Partnership Act (HOME) funds will be available for the Consolidated Plan program year 2003-04. In 2000, HUD Consolidated Plan regulations required the City to complete a new Five -Year Consoli- dated Plan and a One -Year Annual (Action) Plan. For FY 2003-04, the City will complete a new Annual Plan due to be released for 30 days of public review from February 1 through March 1, 2003. The City Council will review the Annual Plan at a Public Hearing tentatively scheduled for March 4, 2003. p Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION That the City Council conduct a Public Hearing to solicit public input regarding the housing and community development needs of lower income residents. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Proof of Publication 2. Citizen Participation Plan Resolution No. PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 11/29 all in the year 2002. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 29th day of November 2002. Signature Proof of Publication of NC13987 Public Hearing: CDBG/HOME CITY OF NATIONAL CITY PUBLIC HEARING NOTICE 2002-03 CONSOLIDATED PLAN FUNDING ALLOCATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS The City Council of the City of National City will hold a PUBLIC HEARING on Tuesday, December 17, 2002 at 6:00 p.m. in the City Council Cham- bers, 1243 National City Boulevard, National City, California. The purpose of the pub- lic hearing is to invite pub- lic comment on the hous- ing and community devel- opment needs of lower in- come households in Na- tional City. A brief over- view of the CDBG and HOME programs will also be presented at the public hearing. Approximately $2,000,000 is available this year from HUD for housing and community development projects. Further information on the above Consolidated Plan activities can be ob- tained at the Community Development Commission office, 140 E. 12th Street, Suite B, National City, or by contacting Angelica Macias at (619) 336-4255 or via e-mail: amacias@ ci. national-city.ca. us. Paul Desrochers Executive Director NC13987 11/29/02 Citizen Participation Plan HUD Consolidated Plan Year 2000 - 2005 AIODfnP the Future Community Development Commission of National City 140 East 12th Street, Suite B National City, CA 91950 (619) 336-4250 phone number (619) 336-4286 facsimile www.ci.national-city.ca.us Attachment No. 2 Citizen Participation Plan , 2000 — 2005 Consolidated Plan TABLE OF CONTENTS Introduction 1 Citizen Participation Plan 3 Development of Consolidated Plan 3 Public Noticing of Consolidated Plan/Annual Action Plan 3 Public Hearing for Consolidated Plan 4 Consolidated Annual Performance and Evaluation Report (CAPER) 5 Amendments 5 Substantial Amendments 5 Re -allocation of funds 5 Amendments to Citizen Participation Plan 6 Access to Information 6 Availability to the Public 6 Access to Records 7 Technical Assistance 7 Complaints 7 City of National City Community Development Commission Page 2 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Introduction Every winter, the City of National City begins the application process for the federally funded CDBG and HOME programs. The City receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The actual amount of the allocations for both programs changes every year and depends heavily upon the amount of funds HUD is allocated from the Federal Budget. However, in the recent past, the sum of both allocations has been approximately $2 million each year. Citizen Participation Plan The City of National City's Citizen Participation Plan is developed in accordance with 42 U.S.C. 91.105 of the Housing and Community Development Act of 1974, as amended. This plan sets forth the policies and procedures that the City of National City will follow to encourage citizen participation in the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Act (HOME) Program. The Citizen Participation Plan will be followed through the 2000 — 2005 Consolidated Plan Process. The City of National City Community Development Commission (CDC) will utilize the following strategy to solicit meaningful community participation and input toward the development of the Consolidated Plan or Annual Action Plan, any substantial amendments to the Consolidated Plan/Annual Action Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). The guidelines established are designed to encourage participation by low — and moderate — income persons; particularly those who live in low — income neighborhoods, and in areas where CDBG and HOME funding is proposed to be utilized. The CDC is also the Housing Authority for National City and encourages persons who receive public housing assistance to participate in the consolidated planning process. Development of Consolidated Plan Public Noticing of Consolidated Plan/Annual Action Plan The public review period of the proposed Consolidated Plan/Annual Action Plan will be available for review for 30-days before the City of National City adopts the Plan/Annual Action Plan. The City will provide 10-days prior notice of the availability of the proposed document to citizens, public agencies and other interested parties. The following information will beincluded in the public notice: • Amount of funding assistance from Housing and Urban Development (HUD), the City expects to receive during next funding cycle, including program income. • The range of activities that may be undertaken, including the estimated amount that will benefit person of low- and moderate- income persons. City of National City Community Development Commission Page 3 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Residents affected by the Plan's implementation will have access to the City's Plans to minimize displacement and to assist those displaced, if any, as a result of the Plan's Activities. In all cases of displacement, the City will follow all regulations in HUD's Handbook 1378. The following identifies steps to minimize displacement: 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building complex during and after rehabilitation, working with empty units first. 3. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Consider the use of Section 8 Vouchers and Certificates for displaced families. Public Hearing for Consolidated Plan The City Council will hold two public hearings every Consolidated Plan program year. The first public hearing will be held before the Consolidated Plan/Annual Plan is published for review, to hear the views of citizens regarding the needs of the community. The second public hearing will be held toward the completion of the 30-day public review period of the Consolidated Plan/Annual Plan. Public Noticing of the Public Hearings will be posted ten days prior to the hearing in The Star News, and posted at the following locations; National City Public Library and City Hall. City Council meetings are held on the first and third Tuesday of each month at 6:00 pm. City Hall is located at 1243 National City Boulevard, National City, CA 91950. The City Hall is ADA accessible. In addition to the public hearings, several public meetings will be held during the Consolidated Plan process with the National City resident advisory committee, the Housing and Community Development Committee (HCDC). The HCDC will review all proposed projects for potential CDBG and HOME funding and make recommendations to the City Council on their perspective of local priorities and how grant funds should be spent. The CDC will consider any and all comments or views of citizens received in writing, or orally at the public hearings and public meetings when preparing the final Consolidated Plan. A summary of any comments or views not accepted and the reasons therefore, shall be attached to the final consolidated plan. City of National City Community Development Commission Page 4 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Consolidated Annual Performance and Evaluation Report (CAPER) At the end of each fiscal year, the City of National City is required to review the City's progress toward meeting the goals and objectives that are set forth in the Consolidated Plan/Annual Action Plan. The CAPER Report is submitted to HUD's Regional Office for review in late September. As part of the City's review process, the CAPER is made available to citizens, public agencies and interested parties for a period of 15-days. A 10-day advance notice is provided to the public that the Report will be available for review. Citizens are encouraged to provide comment on the CAPER Report through written or oral comment during the 15-day review period. A summary of these comments or views shall be attached to the performance report and actions taken by the City to address the comments will be included in the CAPER. Amendments Substantial Amendments The City of National City determines that substantial amendments to the Consolidated Plan include a change of goals and or objectives in the Consolidated Plan, or Annual Action Plan. Ten days advanced notice of public hearings will be printed in The Star News, and public notices will be posted at City Hall and the National City Public Library. The public will be provided a 30 — day comment period to provide written or oral views on the substantial amendments. In addition, a public hearing will be held to hear citizen comments on the amendments. A summary of the comments or views, and a summary of any comments not accepted and the reasons therefore will be attached to the substantial amendment of the consolidated plan. Re -allocation of funds Amendments to the Consolidated Plan include the re -allocation of CDBG or HOME funds from one eligible activity to another. A 10-day advance notice of public hearings considering the re -allocation of CDBG or HOME funds will be printed in The Star News, and will be posted at City Hall and the National City Public Library. The City of National City will consider any written or oral comments from citizens at all public hearings, if any, and take into consideration public input regarding the re -allocation of funds. City of National City Community Development Commission Page 5 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Amendments to Citizen Participation Plan The City of National City encourages citizen comment on the Citizen Participation Plan and on any substantial amendments. The City of National City will provide citizens with a 10-day notice for the public to review the document. The amended Citizen Participation Plan will be made available for the public for 15 days. During that time, public comment both written and oral will be considered for the final draft of the Plan. Public comment will be attached to the document upon completion of the final document. Access to Information Availability to the Public The proposed Consolidated Plan, substantial amendments to the Consolidated Plan, and the CAPER Report will be made available to the public. Public access includes the availability of materials in a form accessible to persons with disabilities, upon request. In addition, bilingual staff is available to assist individuals who are non-English speaking. The Consolidated Plan/Annual Action Plan, the CAPER Report and substantial amendments to the Consolidated Plan will be made available for review at the following locations: • Community Development Commission —140 East 12th Street, Suite B • City Hall — 1243 National City Boulevard, City Clerks Office • National City Public Library — 200 East 12th Street • City of National City Website — www.ci.national-city.ca.us Citizens, public agencies and interested parties may contact the CDBG Program Coordinator for further information or to provide comment at: Angelica Macias, Program Coordinator Community Development Commission 140 East 12th Street, Suite B National City, CA 91950 (619) 336 — 4264 E-mail address: amacias@ci.national-city.ca.us City of National City Community Development Commission Page 6 of 7 Citizen Participation Plan 2000 — 2005 Consolidated Plan Access to Records The CDC will ensure reasonable access to information and records related to the development of the Consolidated Plan process and to the expenditure of resources for programs funded by CDBG and HOME for the preceding five years. Copies of documents will be available for review at the Community Development Office located at 140 East 12th Street, Suite B, National City, CA 91950. Technical Assistance The CDBG Program Coordinator will provide technical assistance to citizens, public agencies or interested parties to develop funding requests for CDBG and HOME funds. Technical assistance for such individuals or groups includes helping them understand the program requirements, determination of eligible/ineligible activities, providing suggestions on structuring of new programs, and assistance with completing the grant request application. Complaints The CDC Staff will accept written and or oral comments/complaints relating to the Consolidated Plan process during the time that relates to each comment period noted above. The CDC Staff will make an effort to respond to every written citizen complaint within 15 business days where practicable. Complaints regarding the Consolidated Plan process, amendments to the Plan or the CAPER Report must include: 1. A description of the objection with supporting facts and data; and 2. Name, address, telephone number, and date of complaint. City of National City Community Development Commission Page 7 of 7 City of National City *Refer to Item #15 COUNCIL AGENDA STATEMENT 2 MEETING DATE: December 17, 2002 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING: REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: The National City Chamber of Commerce is requesting CDBG funds in the amount of $75,000 for their Leadership Center to be located in the new Chamber of Commerce and Visitor Center Building. Refer to Attachment No. 2 to this report (Letter from Chamber of Commerce). Staff is requesting that $75,000 in CDBG funds be reallocated from the following projects. No existing or planned projects and programs will be affected by this reallocation. DEPARTMENT Community Development Commission 336-4250 Reallocated from: Project Name Amount Fiscal Year Graffiti Eradication Program $22,626.00 1998 Graffiti Eradication Program $ 6,910.00 1997 Graffiti Eradication Program $ 1,998.00 1995 Reinstallation of Street Lights $ 7,680.00 1998 Miscellaneous Storm Drains $ 8,195.00 1997 Library Feasibility Study $ 4,590.00 2000 Dusk Till Dawn Lights $13,912.00 1996 & 1997 Kimball Bowl Rehabilitation $ 9,089.00 1997 Total $75,000.00 Environmental Review X N/A Financial Statement No affect. There will be neither a gain nor loss in federal grant monies to the City resulting from this reallocation. I STAFF RECOMMENDATION That the City Council hold a Public Hearing; solicit and consider any public input. BOARD/COMMISSION RECOMMENDATION Not Applicable ATTACHMENTS (Listed Below) 1. Notice of Public Hearing 2. Letter request from National City Chamber of Commerce Resolution No. PUBLIC HEARING NOTICE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REALLOCATION OF FUNDING The City Council of the City of National City will hold a public hearing on Tuesday, December 17, 2002, at 6:00 p.m. in the City Council Chambers, 1243 National City Boulevard, National City, California. The Public Hearing is to obtain the views of residents regarding the reallocation of $75,000 in CDBG reallocation funds from prior year completed projects and programs to the National City Chamber of Commerce "Leadership Center". The views and comments of the general public and especially lower income persons are invited. Information on the above project can be obtained from the Community Development Commission Office at 140 E. 12th Street, Ste. B, National City, CA 91950 or by contacting Angelica Macias at (619) 336-4255 or via email at amaciasci.national-city.ca.us. Paul Desrochers, Executive Director. Attachment No. 1 THE CHAMBER November 13, 2002 Mr. Paul Desrochers, Director Community Development Commission 140 East 12th Street National City, CA 91950 , Dear Paul: RECEIVED NOV 13 2002 Commtn y _}.eve 711 A Avenue National Gty, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org RE: SMALL BUSINESS DEVELOPMENT FUNDING THROUGH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING REQUEST: COMMUNITY DEVELOPMENT BLOCK GRANT - $75,000 TO SUPPORT THE "CHALLENGE GRANT REQUEST" We are requesting funding to finance equipment and programs to support small business development in our LEADERSHIP CENTER which will be a vital part of our new Chamber of CommerceNisitor's Center Building. Our new 1,012 square foot conference room is planned to be used for training and educational functions for small businesses. We are partnering with the Small Business Center from Southwestern College to provide training for small businesses. We plan to hold counseling sessions for businesses through SCORE, Workforce Partnership (County) and the Employment Training Panel. We will also provide Leadership Training. The Leadership Center will also be available to our member businesses to use in training their staff as well as to other community groups. We plan on having materials and information available in the Leadership Center for businesses. continued "Building for the New Millennium" Attachment No. 2 Proposed Budget Furnish the Conference/Meeting Room (Furniture, carpeting, Audio -Visual equipment) $52,000 Training materials 10,000 Program development, coordination and support 13,000 $75,000 If you have any further questions please give me or Edith a call. We look forward to hearing from you and being on the agenda early in December. Sincerely, ec Dennis Bostad President City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE December 17, 2002 3 AGENDA ITEM NO. (-ITEM TITLE PUBLIC HEARING — VACATION OF 9 t" STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NO.: SC-2002-2) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project site is an 80 foot wide and 250 foot long section of 9th Street between Roosevelt Avenue and National City Boulevard. It is fully improved and is located in the center of the two -block Education Village project area. There is vacant land to the north and south, there are industrial uses to the west, and the Red Lion hotel and Chamber of Commerce building are to the east. The Community Development Commission (CDC) requested the vacation of this right-of- way so that it may become part of the developable area of the Education Village. CDC owns or has acquired legal interest in all of the properties adjacent to vacation area; consequently, ownership of the right-of-way reverts to CDC if the vacation is approved. The Planning Commission conducted a hearing on this item November 18. There was no testimony in opposition to the project at the hearing. The Commission voted to recommend approval of the street vacation based on required findings that the area proposed for vacation is not useful for public transportation purposes or as a non -motorized transportation facility, and that the action is consistent with the General Plan. A standard condition of approval requested by San Diego Gas & Electric will reserve an easement for their facilities. No other conditions are needed. CEnvironmental Review X N/A Negative Declaration Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Flores, Ungab, Parra, Baca, Reynolds, Graham Absent — Martinelli ATTACHMENTS ( Listed Below ) 1. Findings and Conditions for Approval 2. Location Map City Council Resolution no. 2002-177 Resolution No. 4. Negative Declaration A-200 19.991 RECOMMENDED FINDINGS FOR APPROVAL 1. That the area to be vacated is not needed for present or future public transportation purposes, since the immediate area is served by existing arterial streets 8tn Street and National City Boulevard and existing collector streets Roosevelt Avenue and Plaza Boulevard. 2. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicycles, or equestrians as defined in Section 156 of the California Streets and Highways Code since the existing street and sidewalk improvements adjacent to the vacation area provide adequate access for pedestrians and bicyclists and since the mixed commercial and industrial area is inappropriate for equestrian activity. 3. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify the right-of-way as a major street segment necessary to serve traffic circulation needs from future development in the area. RECOMMENDED CONDITIONS OF APPROVAL 1. An easement for all existing gas and electric facilities within the vacation area shall be granted to San Diego Gas and Electric. STREET VACATION AREA :5 , ZONE BOUNDARIES - - LOCATION MAP Education Village Street Vacation SC-2002-2 NATIONAL CITY PLANNING c-.L1 DRN. DAT1 11/20/02 INITIAL HEARING: 11/18/02 RESOLUTION NO. 2002 - 177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE A PORTION OF 9TH STREET BETWEEN ROOSEVELT AVENUE AND NATIONAL CITY BOULEVARD. APPLICANT: NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. SC-2002-2 WHEREAS, the City Council of the City of National City, California, hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, a portion of 9th Street between Roosevelt Avenue and National City Boulevard in the City of National City, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., December 17, 2002, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of th'e City of National City, California is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 3rd day of December, 2002. Nick Irizun , Mayor ATTEST: Michael R. Dall , City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NINTH STREET - STREET VACATION LEGAL DESCRIPTION THAT PORTION OF NINTH STREET LYING BETWEEN BLOCK 9 AND BLOCK 10 OF NATIONAL CITY REFILED IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STAt'h OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 2, 1882, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID BLOCK 9 AND THE WESTERLY LINE OF NATIONAL AVENUE TO THE NORTHEAST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTH LINE OF SAID BLOCK 10 AND SOUTH LINE OF SAID NINTH STREET TO THE NORTHWEST CORNER OF SAID BLOCK 10; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID BLOCK 10 AND EAST LINE OF ROOSEVELT AVENUE TO THE SOUTHWEST CORNER OF SAID BLOCK 9; THENCE ALONG THE SOUTH LINE OF SAID BLOCK 9 AND NORTH LINE OF SAID NINTH STREET TO THE SOUTHEAST CORNER OF BLOCK 9 AND THE POINT OF BEGINNING. EXHIBIT "A" L'\PROJECTS\020 TAdnun\LcgalsWTH ST. VACATE.dac Passed and adopted by the Council of the City of National City, California, on December 3, 2002, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-177 of the City of National City, California, passed and adopted by the Council of said City on December 3, 2002. a/4 City lerk of the City o National City, California By: Deputy RESOLUTION NO. 2002-23 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE HIGHER EDUCATION CENTER ("EDUCATION VILLAGE") PROJECT WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project (the "Redevelopment Plan"); and, WHEREAS, the CDC is contemplating the approval of a Disposition and Development Agreement ("DDA") with the Southwestern Community College District ("the SCCD") for the construction of a 72,000 square foot higher education center proposed for the southwest corner of 8th Street and National City Boulevard, within the boundaries of the Redevelopment Plan; and, WHEREAS, a draft Mitigated Negative Declaration ("MND") was prepared, pursuant to the California Environmental Quality Act ("CEQA") and the guidelines for the implementation of CEQA, for the higher education center project proposed above and is attached herewith as Exhibit "A"; and WHEREAS, a notice of the availability of the draft MND for public review and comment was published on April 18, 2002 in a newspaper of general circulation; and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation and review of the draft MND has been taken; and, WHEREAS, the CDC has reviewed and considered the draft MND and the Mitigation Monitoring and Reporting Program ("the MMRP") (Exhibit "B") and all comments and responses thereto. WHEREAS, the final MND will consist of the draft MND as revised and supplemented to incorporate all comments received during the public review period and the response of the CDC, if any. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby finds and determines as follows: Section 1. A public review period of 30 days was provided from April 18, 2002 to May 20, 2002 to all interested public agencies and members of the general public to give public comment and/or suggested revisions to the draft MND. Section 2. The CDC hereby certifies that the MND has been completed in compliance with CEQA and the State CEQA guidelines. Section 3. The CDC hereby finds and determines that there is not substantial evidence that the proposed higher education center project will have a significant effect on the environment and that the MND reflects the independent judgment and analysis of the CDC based upon the whole record of the MND, including the Initial Study contained therein, any comments received and evidence and testimony received on the draft MND. Section 4. The CDC hereby finds and determines that the mitigation measures and the MMRP set forth in the final MND will mitigate or avoid all significant environmental effects that can feasibly be mitigated or avoided. The CDC hereby adopts the MMRP (Exhibit "A") as set forth in the final MND (Exhibit "B") that are both attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED, that the CDC has reviewed and considered the information contained in the Mitigated Negative Declaration prepared for the Education Village project and hereby approves the Mitigated Negative Declaration. BE IT FURTHER RESOLVED, that the Executive Director of the CDC is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following adoption by the CDC of this resolution adopting the Mitigated Negative Declaration. PASSED AND ADOPTED this 21st day of May 2002. ATTE George H. waters, Chairman Paul Desrochers�ecre ar APPROVED AS TO FORM: George H. Eiser, Ill City -CDC Attorney EXHIBIT A MITIGATED NEGATIVE DECLARATION FOR THE EDUCATION VILLAGE PROJECT To: NOTICE OF AVAILABILITY INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION State, Regional, and Local Review. From: Ben Martinez Agencies Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 Telephone: (619) 336-4256 Subject: Notice of Availability of Initial Study in Support of a Mitigated Negative Declaration in compliance with Sections 21092 and 21092.3 of the Public Resources Code. NOTICE IS HEREBY GIVEN that the Community Development Commission of National City has prepared an Initial Study that supports a finding of a Mitigated Negative Declaration for the following project: Project Title: National City Higher Education Center "Education Village" Project Location: The project site comprises approximately 3.4 acres and is bounded by 8th Street on the north, National City Boulevard on the east, Plaza Boulevard on the south, and Roosevelt Avenue on the west in the City of National City, San Diego County, California Project Description: Demolish the existing service station, adult movie theatre, automotive repair shop and other existing buildings to construct a two-story, 47,000 square foot building that includes 10,600 square feet of retail use for use by Southwestern College and a second two story 25,000 square foot building for use by the San Diego County Office of Education South County Regional Facility for professional staff training purposes. The project also includes surface parking for 80 cars at the southern end of the site and a three-story parking structure for 453 cars. Hearing: A hearing before the Community Development Commission of National City has been set for May 21, 2002 at 4 PM to consider adoption of a Mitigated Negative Declaration for this project. Notice of the hearing will also be published in the Star News and Daily Transcript prior to the hearing. The hearing will be held in the Council Chamber of the City Hall located at 1243 National City Boulevard, National City, CA 91950. The telephone number is 619-336-4250. Please provide any written comments to the Mitigated Negative Declaration to the address referenced above at the earliest possible date, but no later than May 20, 2002, which is the end of the 30-day public review period. Date: April 18, 2002 California Environmental Quality Act Initial Study Community Development Commission of National City 140 E. 12th Street, Suite B National City, California 91950-3312 Telephone (619) 336-4250 Fax (619) 536-4286 Project Title and File No.: National City Higher Education Center "Education Village" Lead Agency: Project Contact: Project Sponsor: Project Location: City of National City Community Development Commission 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Ben Martinez Project Manager 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4256 City of National City Community Development Commission 140 E. 12t Street, Suite B National City, CA 91950-3312 (619) 336-4250 The project site is located on approximately 3.4 acres of land that is bounded by 8°i Street on the north, National City Boulevard on the east, Plaza Boulevard on the south, and Roosevelt Avenue on the west ("Site"). The site comprises two city blocks and is separated by 9th Street. Figure 1 is a Local Vicinity map showing the project site. Project Description: The project will require the demolition of an existing service station at the northwest corner of the site and all of the buildings located on the parcel south of 9th Street. The project includes the construction of 72,000 square feet of use including a two-story 47,000 square foot building near the center of the site that will front National City Boulevard, a two-story 25,000 square foot building at the northeast corner of the site, a three-story 453 space parking structure along the western half of the site and 80 surface level parking spaces along the southern portion of the site for a total of 533 on -site parking spaces. The 47,000 square foot two-story building includes approximately 10,600 square feet of retail space on the first floor. The main focus of this building will be a satellite campus facility for the Southwestern College Higher Education Center. The other two-story building at the northeast corner of the site will be for the San Diego County Office of Education (SDCOE) South County Regional Facility. The SDCOE facility will provide professional staff training to numerous countywide professionals, alternative, and special education programs. The project will be developed in two phases. The first phase will include demolition of the existing buildings and remediation of existing hazardous materials on the site. Upon completion National City Education Village Mitigated Negative Declaration Page 1 April 2002 Project Site Source: Thomas Bros. Maps, 1998 Figure 1 Local Vicinity Map National City Education Village Mitigated Negative Declaration April 2002 of soil remediation, construction of the Southwestern College Higher Education Center and the three story parking structure will commence and the pad for the SDCOE building will be graded. Construction of the SDCOE building will occur as Phase 2. Surface parking for approximately 80 cars will be provided along the southern portion of the site, adjacent to Plaza Boulevard. The National City Education Village will provide daytime, evening and weekend classes through the Southwestern College District. The hours of operation for the college facility will be from 8:00 AM to 10:00 PM, Monday through Friday and Saturdays from 8:00 AM to 5:00 PM. The San Diego County Office of Education hours of operation will be Monday through Friday from 8:00 AM to 7;00 PM and special events may be from the hours of 7 AM to 10 PM. Site demolition is scheduled to start the summer of 2002 and take approximately 2 months. Construction of Phase 1 is scheduled to start June 2003 and take approximately 16 months. Phase 2 is scheduled to start June 1, 2005 and be completed in approximately 12 months. Figure 2 is a Site Plan of the project. General Plan Designation: The City of National City General Plan land use designations for the Site are General Commercial -Planned Development (CG-PD) and Light Manufacturing Residential (MLR). Zoning Designation: The City of National City zoning designations for the site includes CG-PD zone for the area proposed for the Southwestern College and County buildings and the areas proposed for the parking structure and residential units is zoned CG-PD and MLR. Other public agencies whose approval is required (e.g. permits, financing approval, participation agreement): The project will require the following statutory approvals: 1. Board of Governors and Chancellor's Office of the California Community Colleges 2. Division of Aeronautics of the Department of Transportation 3. Department of Toxic Substances Control 4. Department of State Architect (DSA) 5. State Office of Public School Construction (OPSC) 6. County of San Diego, Department of Environmental Health 7. State Allocation Board 8. California Department of Education (CDE) Discretionary Actions: The discretionary actions required for the project include: 1. Site plan approval from the City of National City Community Development Commission 2. Site plan approval from the City of National City 3. Site plan approval from the Southwestern Community College District 4. Planned Development Overlay permit from the City of National City Planning Commission for project and higher educational use in the CG-PD Zone. National City Education Village Page 3 Mitigated Negative Declaration April 2002 80 Suf Parking; Source: NTD Architects National City Boulevard Figure 2 Site Plan National City Education Village Mitigated Negative Declaration April 2002 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils ll Hazards & Hazardous Materials n Public Services ❑ Hydrology/Water Quality ❑ Recreation ❑ Land Use/Planning EI Transportation/Traffic ❑ Mineral Resources ❑ Utilities/Service Systems El Noise ❑ Mandatory Findings ❑ Population/Housing DETERMINATION: On the basis of this evaluation: ❑ I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION would be prepared. ■ I find that although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared By: Ben Martinez, Department Representative Community Development Commission Reviewed By: Date: April 17, 2002 National City Education Village Mitigated Negative Declaration Page 5 April 2002 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Inco porated Impact No Impact I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic 0 0 ❑ highway? il c) Substantially degrade the existing visual character or quality of the 0 0 0 site and its surroundings? d) Create a new source of substantial light or glare that would adversely 0 Ili ❑ affect day or nighttime views in the area? 0 II. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the, California Resources Commission, to non-agricultural use? ❑ ❑ b) Conflict with existing zoning for agricultural use, or a Williamson 0 El ElAct contract? O c) Involve other changes in the existing environment, which, due to heir location or nature, could result in conversion of Farmland, to 0 0 non-agricultural use? HI. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality ❑ ❑ ■ plan? b) Violate any air quality standard or contribute substantially to an ❑ existing or projected air quality violation? El • c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? ❑ ❑ . ❑ ❑ 0 N 0 d) Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ e) Create objectionable odors affecting a substantial number of people? • ❑ IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the 0 U.S. Fish and Wildlife Service? ❑ b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and ❑ Game or the U.S. Fish and Wildlife Service? 0 ❑ c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, ❑ ❑ Elfilling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife 0 Ill El sites? National City Education Village Mitigated Negative Declaration Page 6 April 2002 Environmental Factors Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact 'No Impact n El ❑ ■ ❑ ❑ ■ V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical ❑ ■ resource as defined in § 15064.5? 0 0 b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? ❑ ❑ 0 • c) Directly or indirectly destroy a unique paleontological resource or ❑ ■ Site or unique geologic feature? ❑ ❑ d) Disturb any human remains, including those interred outside of 0 ❑ ■ formal cemeteries? El VI GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and ❑ ❑ Geology Special Publication 42.) 0 ❑ ■ • ii) Strong seismic ground shaking? El iii) Seismic -related ground failure, including liquefaction? ❑ ❑ El • iv) Landslides? ❑ ❑ • b) Result in substantial soil erosion or loss of topsoil? 0 0 ■ 0 c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or ❑ ❑ . collapse? El d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or 0 0 the site? ❑ • e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not ❑ available for the disposal of wastewater? El • WI. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ❑ ❑ II b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the Elrelease of hazardous materials into the environment? ElU ❑ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing ❑ Elor proposed school? ❑ II d) Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, would create a significant hazard to the public or ❑ ❑ environment? El • National City Education Village Mitigated Negative Declaration go Page 7 April 2002 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact XL NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or ■ 0 0 applicable standards of other agencies? 0 b) Exposure of person to or generation of excessive groundbome ❑ 0 vibration or groundbome noise levels? 0 • c) A substantial permanent increase in ambient noise levels in the• project vicinity above levels existing without the project? 0 ❑ ❑ d) A substantial temporary or periodic increase in ambient noise levels 0 in the project vicinity above levels existing without the project? 0 El NI e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project ❑ Elarea to excessive noise levels? ❑ XH. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 • ❑ ❑ ❑ 0 • ❑ ❑ ❑ 11 XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 0 ii Eli) Fire protection? 0 0 II El Police protection? 0 El El 0 iv) Schools?0 0 ❑ iv) Parks?rks?0 0 � • v) Other public facilities? 0 XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? National City Education Village Mitigated Negative Declaration / 0 ■ 0 0 0 ❑ I 0 ❑ 0 0 ■ ❑ 0 N 0 Page 9 April 2002 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact e) Result in inadequate emergency access? ❑ ❑ ❑ • f) Result in inadequate parking capacity? ❑ ❑ ❑ • g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ❑ ❑ ❑ U XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ • 0 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ 0 • c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ ❑ • 0 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ ❑ • 0 e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 ❑ U 0 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 0 • El g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ 0 ❑ • XVI. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? ❑ 0 ■ b) Conflict with existing energy standards? ❑ ❑ ❑ XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ • b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ❑ ❑ ❑ • c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ U ❑ National City Education Village Mitigated Negative Declaration Page 10 April 2002 Explanation of Checklist Responses AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The project would improve the aesthetics of the site by removing the existing service station, older buildings and surface parking lots, and adult movie theater on the site and replace them with two new two-story buildings, a three-story parking structure, surface parking, streetscape and landscaping. The project would have positive aesthetic impacts by demolishing the existing out- dated buildings on the site and replacing them with new buildings, enhanced landscaping and hardscape. There are no protected scenic vistas or views across the site that would be impacted by the project. The project would improve the aesthetics of the site by removing the existing older buildings and replace them with buildings of new architecture, improving the aesthetics of the area overall. The project would provide new landscaping along the project perimeter whereas presently there is minimal landscaping. New landscaping would improve and enhance the aesthetics of the site as viewed from the surrounding area. Upgraded hardscape including sidewalks, courtyard paving, etc. would also improve the aesthetics of the site compared to existing conditions. Overall, the project is not anticipated to have any significant aesthetic impacts and the project is considered to have a positive aesthetic impact by eliminating the older and architecturally outdated buildings on the site and replacing them with new buildings. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. None of the streets adjacent to the site are designated as state scenic highways. In addition, there are no known or identified scenic trees, rock outcroppings, or historical buildings on the site as identified by the City of National City General Plan. Therefore, the project would not substantially damage any scenic resources including trees, rock outcroppings, or historical buildings. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. The project would not degrade the visual character of the site because there are no significant visual characteristics of the site that are considered to be significant. The project is developed with a variety of buildings in terms of architecture, size, physical condition, etc. The project would improve the visual character and aesthetic quality of the site by removing the mixture of older and architecturally dated buildings with new buildings and structures. The site does not have any qualities that could be considered scenic resources. The landscaping that would be provided by the project along the project perimeter would improve the visual character of the site from surrounding areas. The National City General Plan encourages community design features, including street landscaping and other beautification efforts, sidewalk and other streetscape enhancements. The project proposes street landscaping, sidewalk improvements and other streetscape improvements consistent with the General Plan that would help to beautify the local area and the community overall. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Less Than Significant Impact. There is some light and glare generated from the existing uses on the property from windows, cars, interior and exterior security and safety lighting, etc. The proposed Education Village would create a source of light and glare for signage, safety and security lighting, interior and exterior building lighting, streetlights, etc. Cars entering and leaving the parking structure and surface parking lot would also generate sources of National City Education Village Mitigated Negative Declaration Page 11 April 2002 light to the surrounding area. The project is located in a highly urbanized area where light and glare presently exist. The hotels adjacent to the site are sources of light and glare. The streets adjacent to the site generate light and glare on the site. Thus, light and glare is not new to the project site or the area. The City of National City Municipal Code Section 18.60.010 lists the requirements for outdoor lighting. As stated in Section 18.60.010, all outdoor lighting shall be shaded and adjusted so that the light therefrom is directed to fall only on the same premises upon which the light source is located. In addition, all commercial development shall be well lighted so as to provide safe pedestrian and vehicular access and to eliminate dark areas. The project would be required to provide security lighting in compliance with the National City Land Use Code guidelines. Lighting for the parking structure would be provided in compliance with Sections 18.58.740 and 18.102.090 and arranged so as to reflect light away from adjacent structures, premises, or streets. All project lighting shall in compliance with the City's Municipal Code. It is not anticipated that the lighting and glare created by the project would be significant and impact any surrounding light sensitive land uses because all lighting shall be in compliance with the City of National City Municipal Code and lighting currently exists on the site and in the project area. H. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? No Impact. There is no prime farmland either on the site or in the immediate vicinity of the site. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see II. a) above. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? No Impact. Please see III a) above. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The project would require the demolition of the existing service station and other buildings on the site before the site can be developed as proposed. Dust suppression techniques and measures to reduce fugitive dust generation (PMto) would be required during demolition and grading phases of the project. Standard insulation and energy conservation measures (e.g. Title 14) would be integrated into the project to reduce regional pollutant emissions from electricity generation and natural gas usage throughout the life of the project. Potential air quality related impacts associated with the project include exposure of sensitive receptors (i.e., residents) to unhealthful levels of pollutants. The potential health hazards associated with prolonged human exposure to traffic generated exhaust fumes and particulate matter are discussed below. While air pollution affects everyone to some degree, some people are extremely susceptible to severe health damage. These people or groups of people, especially susceptible to pollution related health effects are referred to as sensitive receptors. Sensitive receptors include young children whose respiratory systems are still developing; those who suffer from existing heart and National City Education Village Mitigated Negative Declaration Page 12 April 2002 respiratory diseases and healthy adults who exercise vigorously. Sensitive receptors can also be categorized by land uses where the most sensitive members of the population would remain over an extended period of time. There are no residences adjacent to the project considered to be sensitive receptors. Although there are several hotels adjacent to the site, the occupants would not be exposed to dust and other air emissions for an extended period of time. Emissions associated with the project include short-term construction emissions and long-term vehicular trips and energy consumption. The significant criteria for determining air quality impacts of the proposed project are based on the Air Quality Impact Assessment (AQIA) trigger levels found in the SDAPCD's Rule 20.3 New Source Review, Major Stationary Sources and PSD Stationary Sources document. The SDAPCD does not have air quality thresholds for CEQA purposes. The SDAPCD recommends utilizing the AQIA trigger levels in lieu of CEQA thresholds to determine impacts. Short -Term Construction Impacts Heavy construction is a source of dust emissions that could have a temporary impact on local air quality. The operation of heavy construction equipment associated with demolition, land clearing, grading, and the construction of the project emit exhaust emissions. Dust emissions vary substantially from day to day, depending on the level of activity, the specific operations, and weather conditions. The URBEMIS7G model was utilized to determine PKo emissions from grading and construction for the project. Active grading is anticipated to occur over a period of one month. Based on the URBEMIS7G model for daily construction emissions based on the number and type of grading equipment that would be used for this type of project, the project would result in the production of 93.49 pounds per day of PM,o while the operation of the grading equipment would result in 197.49 pounds per day of ROG, 165.81 pounds per day of NOx and 1.8 pounds per day of CO as shown in Table 1, Daily Construction Emissions. Additionally, based on the URBEMIS7G model for quarterly construction emissions, development of the project would generate 1.495 tons per quarter of ROG, 5.18 tons per quarter of NOx, 0.1 tons per quarter of CO and 1.4 tons per quarter of PM10. NOx, ROG, CO and PM10 emissions would not exceed the established thresholds as shown in Table 2, Quarterly Construction Emissions. Therefore, air quality impacts from short-term construction are anticipated to be less than significant. Emissions resulting from vehicle usage, on -site natural gas combustion, and consumer products were assessed with the CARB computer model, URBEMIS7G, which was specifically designed to quantify the number of trips, associated emissions and other operational emissions generated by given land uses. Input variables include the types and extent of the land uses, trip generation rates, speed, temperature, etc. URBEMIS7G is based on the EMFAC7 emissions modeling package. Emission estimates include automobile emissions, space heating, and landscape maintenance equipment emissions. The results of the URBEMIS7G model for Area Source and Vehicular Source Emissions are shown in Table 3, Daily Operational Emissions. It should be noted that the project emissions do not take into consideration the fact that the site has generated traffic and air emissions for many years from the existing uses on the site. Therefore, the emissions shown are not totally new emissions to the area, but are associated with the existing uses on the site to some degree. National City Education Village Mitigated Negative Declaration Page 13 April 2002 Table 1 DAILY CONSTRUCTION EMISSIONS Emissions Source Pollutant (lbs/day) ROG NOx CO PM,o Construction Emissions 197.49 165.81 1.80 93.49 SDAPCD Significance Thresholds 250 250 550 100 Are Thresholds Exceeded? No No No No Table 2 QUARTERLY CONSTRUCTION EIVIISSIONS Emissions Source Pollutant (Tons/Quarter) ROG NOx CO PMio Construction Emissions 1.495 5.18 0.1 1.4 SDAPCD Significance Thresholds N/A 10 25 3.75 Are Thresholds Exceeded? No No No No Table 3 DAILY OPERATIONAL EMISSIONS Emissions Source Pollutant (Ibs/day)' ROG NOx CO PIVi,o Area Source Emissions 7.81 1.59 3.03 0.1 Vehicular Source Emissions 33.49 57.55 242.96 23.54 Total Emissions 41.30 59.14 245.99 23.64 SDAPCD Significance Thresholds 250 250 550 100 Are Thresholds Exceeded? No No No No As shown in Table 3, Daily Operational Emissions, the project is estimated to generate 41.30 pounds per day of ROG, 59.14 pounds per day of NOx, 245.99of CO, and 23.64 pounds per day of PM10. These results indicate that no emissions would exceed the established thresholds. The project would generate air emissions during both the development phases (demolition, grading and construction) and the operation of the project (automobile emissions from students, administrators, and employees driving to and from the site, combustion of natural gas for on -site heating). While emissions would be generated during both the short and long-term, all applicable and feasible emission reduction measures recommended by the San Diego Air Pollution Control District would be incorporated into the project to reduce emissions. There are no aspects of the project that would be in conflict with or obstruct the San Diego Air Pollution Control District from implementing any aspects of their applicable quality plan(s). National City Education Village Mitigated Negative Declaration Page 14 April 2002 Although the project is not anticipated to exceed any air emission thresholds, the following mitigation measures are recommended to further reduce project air emissions as much as feasible. III-1 The project shall incorporate all applicable structural related emission reducing technologies such as insulation beyond Title 14 Standards of the Uniform Building Code (UBC) and efficient electrical equipment such as lower wattage lighting to reduce air emissions. III-2 The project shall incorporate trip reduction measures that include on -site bike racks, car pool parking, and employee ride sharing and other typical incentives to ride public transportation to reduce motor vehicle trips. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. Please see Ill. a) above. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact. Please see III. a) above. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. There are no sensitive receptors adjacent to or in the immediate vicinity of the site that would be significantly impacted by development of the project. There are existing businesses, including hotels adjacent to the site with employees and transient occupants that could be sensitive to exhaust emissions of the grading equipment during demolition of the existing buildings, grading and building construction. The incorporation of all applicable SDAPCD measures to minimize dust and operate properly tuned construction equipment would assist and help to reduce concentrations to levels less than significant. The largest potential source of air emissions would be generated by grading equipment during project grading. The grading phase of the project will take approximately six weeks. The grading operation would be short-term in duration and would not have any significant air emission impacts to area receptors. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. The only objectionable odor that would be generated from the project site would be odors from the operation of diesel equipment on the site during demolition, grading and construction activities. As referenced in d) above, the construction equipment that would be in operation during project grading would be diesel powered and the exhaust from the diesel equipment could be objectionable to some people. Upon completion of the grading activities, the odors generated from the site during the remaining construction activities would be minimal and not noticeable. All construction equipment operating on the site shall be required to be properly tuned and operational in compliance with the manufacture and would reduce and minimize odors generated during project construction. There are no odors that would be generated from the project during operation of the proposed uses that would significantly impact sensitive receptors. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The project site has been disturbed in the past and is developed with buildings. There are no biological resources on the site that would be impacted by the project. Because the site is developed and there are no plant or animal species on the site that are National City Education Village Mitigated Negative Declaration Page 15 April 2002 a candidate, sensitive or special status species by either the California Department of Fish and Game or the U.S. Fish and Wildlife Service, there are no biological resource impacts associated with the project. b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. Please see N. a) above. c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Please see N. a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery Sites? No Impact. Please see IV. a) above. e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. Please see IV. a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. Please see IV. a) above. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.5? No Impact. There are no historical, archaeological, or paleontological resources known to exist on the site. The project would not cause a substantial adverse change to any historical resources since none are known to exist on the site. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? No Impact. Please see V. a) above. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. Please see V. a) above. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. Please see V. a) above. VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology National City Education Village Mitigated Negative Declaration Page 16 April 2002 Special Publication 42). No Impact. A geotechnical reconnaissance study' of the site was conducted. The purpose of the reconnaissance -level geotechnical study was for preliminary concept design, planning, and cost estimation. The information generally pertained to anticipated site conditions, assessment of geologic hazards such as seismic impacts, expansive soils, and preliminary foundation recommendations regarding building foundations, retaining walls, slab design, site preparation, and earthquake operations. The closest active fault to the site is the Rose Canyon fault, which is approximately five kilometers to the east. Based on.information in the City of National City General Plan there are no known faults either on or adjacent to the site that would impact the proposed project. However, there are several faults in the general area that could impact development of the site. The Sweetwater Fault extends through the eastern edge of the City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults could have devastating effects on the City and other areas of San Diego County. The Region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto, and San Andreas faults, and suitable precautions should be practiced2. All building plans would be approved by the City prior to the issuance of building permits. As part of the building plan review and permitting process, the City would require the submittal of a more detailed geotechnical study to the study December 14, 2000 study prepared by Group Delta Consultants. Upon review of a site -specific geotechnical report, the City would require the incorporation of the recommendations in the geotechnical report into the project to protect people and structures from the rupture of earthquake faults that could impact the site. The project would be required to meet all applicable Uniform Building Code (UBC) requirements for seismic safety to protect the structures during an earthquake. Since the site has been developed in the past and there is existing development in the immediate project vicinity, it is anticipated that the soils and geotechnical conditions on the site are suitable for the type of development proposed. However, the City would make the determination upon review of a more detailed geotechnical report and building plans. ii) Strong seismic ground shaking? No Impact. The City of National City General Plan identifies faults in the region that could cause ground shaking at the site. Development of the project would not expose people or structures to a greater amount of ground shaking than the existing development on the site or in the area. The project site is subject to the same ground shaking potential as any other development in the City. Grading and building plans for the project along with a site specific geotechnical report would have to be approved by the City prior to the issuance of grading or building permits. If potential ground shaking impacts are identified during the review of the grading and building plans, the City would require the incorporation of measures to reduce potential seismic groundshaking impacts to acceptable levels in compliance with the UBC. iii) Seismic -related ground failure, including liquefaction? No Impact. The City of National City General Plan does not identify any areas of liquefaction on or adjacent to the project site that could impact the project. The General Plan does not identify any Geotechnical Reconnaissance Study, Southwestern College Education Facility, National City, CA, Group Delta Consultants, Inc. December 14, 2000. 2 City of National City General Plan, page 18. National City Education Village Mitigated Negative Declaration Page 17 J April 2002 known seismic -related ground failure that could impact the project. Development of the project as proposed is not anticipated to expose people or structures to seismic related ground failure based on current available information from the City. A site -specific geotechnical report would be submitted to the City for approval before grading and building permits would be issued. If potential seismic -related ground failure issues are identified, the City would require the incorporation of specific measures into the project to minimize and/or eliminate the potential impacts. There are no seismic -related ground failure impacts, including liquefaction that is known to be associated with the site, therefore no mitigation measures are required. iv) Landslides? No Impact. There are no steep slopes either on or adjacent to the property that would impact the project due to a landslide. Since there are no steep slopes on or adjacent to the property, no potential impacts to future development from landslides are anticipated and no mitigation measures are required. b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. There would be some loss of exposed soil during project construction due to wind and/or water erosion. The extent of the erosion and its significance would depend upon the time of year construction occurs and the measures incorporated into the project to minimize soil erosion. The City would require the project developer to submit a Storm Water Pollution and Prevention Plan (SWPPP) for review prior to the issuance of a grading permit. The SWPPP would describe the Best Management Practices (BMP's) that would be incorporated into the project to prevent and reduce soil erosion during both project construction and the life of the project. The incorporation of all applicable BMP's into the project would reduce and minimize soil erosion impacts to less than significant level. c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The City of National City General Plan does not identify any geologic conditions either on the project site or within the immediate project vicinity that could impact development of the site. The Group Delta Consultants geotechnical reconnaissance study did not identify any soils that would be unstable as a result of their preliminary analysis of the site. The City would require the submittal of a more detailed soil and geology report prior to the issuance of grading and development plans. Based on the recommendations in a more detailed soil and geology report, the City would require that measures be incorporated into the project to correct any identified unstable soil conditions. Since the site has been developed in the past, it is anticipated that the site is generally safe for development. However, based on the conclusions of the soil and geology report, some soil stabilization and/or remediation activities could be required. Because the National City General Plan does not identify any significant unstable soil or geologic conditions in this area, it is not anticipated that the project would have any significant soil or geologic impacts that could not be adequately mitigated with the incorporation of industry acceptable measures to correct existing unstable soil conditions that may exist. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1999), creating substantial risks to life or the Site? No Impact. There are no known expansive soils on the project site based on a review of the City of National City General Plan and the Group Delta Geotechnical Reconnaissance Study. The City would require the submittal of a soil and geology report in conjunction with the submittal of grading and building plans for approval to determine if there are expansive soils on the site. If expansive soils are identified, measures identified in the soil and geology report to correct the effects of the expansive soil on the project National City Education Village Mitigated Negative Declaration Page 18 April 2002 would be incorporated into the project by the City. The project is not anticipated to be impacted by expansive soils. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The City of National City requires all new development to connect with the public sewer system. Septic tanks would not be allowed on the site. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The project does not propose to transport, use or dispose of hazardous materials. The only hazardous materials that would be used on the site include janitorial cleaning supplies and gasoline in the tanks of motor vehicles of students, administrators, and employees. The use and storage of janitorial cleaning supplies as well as fuel in automobiles would be in compliance with all applicable laws relating to their proper use, storage and disposal. There are- no significant hazardous material impacts anticipated by the project and no mitigation measures are required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Potentially Significant Unless Mitigation Incorporated. The Community Development Commission of National City hired Environmental Business Solutions Inc. to conduct a site assessment of the environmental conditions on the project site. The report dated February 19, 2002 is on file with the Community Development Commission of National City and available for review. There are four areas on the site that are known to have soil and/or groundwater contamination. These four areas include soil and groundwater contamination from gasoline releases at the former Chevron/current ARCO station located at 105 West 8'' Street, the former TOC/ARCO station locatedat 801 Roosevelt Avenue, soil contamination from the gasoline release at the former gasoline service station at 909 National City Boulevard, and soil and groundwater contamination from the tetrachloroethene (PCE) release at a historical dry cleaning facility at 901 Roosevelt Avenue. The gasoline release at the former Chevron/current ARCO station has been assessed for groundwater and soil and is undergoing remediation. The gasoline release at the former TOC/ARCO is largely assessed for groundwater. The soil has been completely assessed and the City of National City Community Development Commission is presently working on a Corrective Action Plan and Property Mitigation Plan (CAP/PMP) to be implemented this summer. A work plan for additional assessment, prepared by EBS and dated September 12, 2001, has been recently approved by the Department of Environmental Health (DEH) and TOC has implemented the additional work assessment. The gasoline release at 909 National City Boulevard has been assessed. Four underground storage tanks (USTs) were removed from this property and approximately 225 tons of petroleum hydrocarbon -impacted soil was excavated. The local groundwater was not impacted. A report of this investigation/remediation was submitted to the DEH requesting "no further action." A "no further action" letter was issued by the DEH on December 24, 2001. The PCE release at the former dry cleaning facility is unassessed. Additional assessment is anticipated to be conducted within the next few months. 3 Environmental Business Solutions, Inc., Master Work plan Draft Education Village Redevelopment Area Community Development Commission of the City of National City, February 19, 2002. National City Education Village Mitigated Negative Declaration Page 19 April 2002 Based on the investigations completed to date of the hazardous materials that are known or suspected to exist on the project site, the Community Development Commission is completing the steps necessary to remediate the site. The remediation will be in compliance with all applicable laws and regulations for the types of uses proposed for the site. Further site investigation and analysis will be conducted and on going during site remediation to assure that the site is remediated in compliance with all applicable laws and regulations. Proper permits and releases will be obtained prior to any site demolition, grading, or construction. In order to assure that the site is remediated in compliance with all applicable City,. county, State, and federal laws and regulations based on the types of uses proposed, the following mitigation measure is recommended: VII-1 The Community Development Commission shall ensure compliance with the Master Work Plan as the approved mitigation measure for all noted soil and groundwater assessment and remediation required for the siteto be developed as proposed. Groundwater and soil remediation activities may occur contemporaneously with project demolition, grading and construction. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. There are no existing or proposed schools within one -quarter mile of the project site. The closest school to the site is Central Elementary School, which is located approximately one-half mile east of the site at the northeast corner of the intersection of "E" Street and Plaza Boulevard. The remediation and clean up of the hazardous materials known to be present on the site is not anticipated to impact the students and administrators at Central Elementary School. The project is not anticipated to use or handle any hazardous materials that would emit hazardous waste that would impact the school. The project is not anticipated to have any hazardous impacts to Central Elementary School. d) Be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or environment? No Impact. The project site is not included on any list of known hazardous sites. Although the project site does contain hazardous materials, none of the properties comprising the site are listed or included on any hazardous materials list pursuant to Government Code Section 65962.5. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? No Impact. There are no airports.within two miles of the project site. The closest airport is San Diego International Airport, which is located approximately five miles northwest of the project site. The project would not directly expose people working at the site to any safety hazards associated with San Diego International Airport. fJ Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No Impact. There are no adopted city emergency response or evacuation plans that extend across or involve the project site. There are no aspects of the project that would impact any City adopted emergency response or evacuation plans. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. There are no known sources of methane gas on the project site based National City Education Village Mitigated Negative Declaration Page 20 April 2002 on information in the February 19, 2002 Master Work plan.' Therefore, no methane gas impacts are anticipated with development of the project as proposed. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. Surface water runoff would be generated from the site during periods of rainfall. Most of the surface water runoff would occur during the winter months between the months of November and March. Surface water runoff currently drains in a southerly and westerly direction and is discharged into the local storm drain system. Surface water from the site eventually is directed into San Diego Bay. The project developer would be required to provide all on -site surface water pre-treatment measures required by the San Diego Regional Water Quality Control Board. The San Diego Regional Water Quality Control .Board is considering the adoption of a Standard Urban Storm Water Mitigation Plan (SUSMP) the middle of this year. Adoption of the SUSMP would require the City of National City to implement the SUSMP program within six months after adoption by the San Diego Regional Water Quality Control Board. If the project is approved, all surface water being discharged from the site into the local storm drain system would have to comply with the adopted SUSMP as applicable prior to the issuance of building permits. During review of the demolition, grading and building plans, the City would identify Best Management Practices (BMP's) that would be required by law to be incorporated into the project to treat surface water before discharged from the site. The incorporation of all applicable BMP's into the project and compliance with San Diego Regional Water Quality Control Board policies for storm water runoff after project construction and during the life of the project as required by the SUSMP, as adopted, would mitigate any potential significant water quality impacts by the project. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The project would consume potable water for drinking, flushing toilets, fire flow and landscape irrigation. The Sweetwater Authority would provide water to the project for consumption, landscape irrigation, and fire flow. The project does not propose to drill any water wells for a source of water supply. The project would not substantially interfere with groundwater discharge. The project site has been completely developed in the past and there is minimal percolation of surface water into the soil. The proposed project would not significantly change one way or the other the amount of pervious soil on the site to allow groundwater recharge. The quantity of surface water runoff that is estimated to be generated from the site by the project would be similar to the quantity generated from the site when it was entirely developed. The proposed project would not interfere with existing groundwater recharge or lower the local groundwater table level due to interruption of local groundwater recharge. The Sweetwater Authority has indicated that it has an adequate supply of water to serve the proposed project for fire flow, water consumption, and landscape irrigation. The project would provide all applicable water conservation measures, such as low flow toilets and restricted landscaped watering as required by the City. The project may consume more water than is ` Environmental Business Solutions, Inc., Master Work plan Draft Education Village Redevelopment Area Community Development Commission of the City of National City, February 19, 2002. National City Education Village Mitigated Negative Declaration Page 21 April 2002 presently consumed on the site by the existing uses due to more intense land use. However, any increase in water consumption by the project would be minimal and not significant the ability of Sweetwater Authority to meet its water supply obligations. The incorporation of all applicable mandated water conservation measures would further reduce water consumption by the project with no significant water supply or groundwater recharge impacts anticipated. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. The project would not significantly alter the existing drainage patterns on the site or cause significant erosion or siltation impacts. Although the project may require minor changes to the existing drainage patterns on the site to develop the site as proposed, the overall drainage from the site would continue to flow in a southerly and westerly direction to the storm drain systems that presently serve the site. The surface drainage from the site upon completion of the project could be adequately handled by the existing storm drain system and no course of a stream or river would be altered. The project would not result in any substantial erosion or siltation either on or off the site because the City would require the incorporation of all applicable Best Management Practices into the project to reduce and minimize soil erosion. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -Site? No Impact. Please see VIII. c) above. e) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? No Impact. The project site is developed and the local storm drain system presently handles the quantity of runoff generated from the site. Catch basins in the area collect the surface water from the site and direct the runoff to an underground storm drain system, which discharges the water into the San Diego Bay. The project would not significantly increase the amount of surface water runoff generated by the site because the site is currently developed and has minimal open space area available for water percolation. Any additional increase in the amount of surface water generated from the site by the project would be minimal and is not anticipated to impact the capacity of the local storm drain system. Based on information from the City of National City Public Works Department, the existing storm drain system that serves the site has adequate capacity to handle the runoff generated by the projects The project would be required to incorporate all applicable state water pollution prevention measures to reduce surface water pollution, therefore the project would not provide any substantial additional sources of polluted runoff. f) Otherwise substantially degrade water quality? No Impact. There are no construction or daily operational aspects of the project that would degrade water quality. The project would not substantially degrade water quality. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The project site is located outside of a 100-year flood hazard area. The project would not place housing in a 100-year flood hazard area. 5 Mr. Adam Landa, Assistant Civil Engineer, City of National City Engineering Department, telephone conversation, March 28, 2002. g) National City Education Village Mitigated Negative Declaration Page 22 April 2002 h) Place within a I00 year flood hazard area structures that would impede or redirect flood flows? No Impact. Please see VIII. g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including floodingas a result of the failure of a levee or dam? No Impact. The project site is not located downstream of a levee or dam that could expose people or structures to loss or injury in the event of a failure. j) Inundation by seiche or mudflow? No Impact. The project site is not located in an area that would be impacted or inundated by a seiche or mudflow based on review of the City of National City General Plan. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The development of the project site as proposed would not divide an established community. The project site has been developed in the past and the proposed project would not divide any established communities. The project would require the abandonment of 9th Street between Roosevelt Avenue and National City Boulevard to allow development of the parking structure and the Southwestern College Higher Education Center building. The abandonment of 9`h Street would not divide any established communities. Although 9'h Street would be abandoned, the local transportation system would continue to provide suitable transportation means around the project. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? Less Than Significant Impact. The project is consistent with the City's general plan designation of General Commercial. The proposed uses are also consistent with the existing zoning for the site, which includes CG-PD (Commercial General with a Planned Development Overlay) and MLR (Manufacturing Light Residential). The project as proposed would not have any significant land use conflicts with any existing or proposed land uses in the immediate project vicinity. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. Please see IV. f) above. Xe MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. A review of the City of National City General Plan does not identify any mineral resources either on the site or in the immediate vicinity of the site that would be impacted by the project. b) Result in the loss of availability of a locally important mineral resource recovery Site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see X. a) above. National City Education Village Mitigated Negative Declaration Page 23 April 2002 XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Potentially Significant Unless Mitigation Incorporated. Noise would be generated by the project during demolition, grading, and construction. Noise from development of the project would extend off - site to surrounding uses in close proximity to the site. There are noise sensitive land uses adjacent to the site including hotels that could be impacted by construction noise during development of the project. Guests of the Holiday Inn north of the site and the Red Lion Inn east of the site could be impacted by noise during demolition, grading, and construction activities. The potential noise impacts of the project can be separated into two types of noise as described below. Short -Term Impacts The activities associated with construction of the project would generate noise levels that are noticeable, but temporary noise sources are considered short-term impacts. Noise from construction activities would be generated by two primary sources during the construction phase: the transport of workers and equipment to and from the construction site and noise related to the operation of construction equipment for site demolition, grading, and construction. The noise levels of the construction equipment that would typically be used to demolish the existing buildings would typically range between 79 to 89 dB(A). The second phase includes grading and the associated operation of earth moving equipment to grade the site for development. The types of grading equipment that can be expected to be used for grading include typical excavation machinery such as scrapers, bulldozers, front loaders, etc. The noise levels at 50 feet from earth moving equipment typically range from 73 to 96 dB(A). Although the noise ranges during all phases of construction are similar in level, the third phase, erecting the buildings, typically varies from 79 to 89 dB(A) at 50 feet from the source. The noise fromythe construction activity has the potential to temporarily exceed noise standards, due to the various power tools and equipment used in framing, welding and finishing the buildings. The implementation of mitigation measures such as limiting construction hours in accordance with the City of National City Municipal Code, and the short-term temporary nature of construction, impacts from construction activities would be reduced to a less than significant level. Refer to Table 4, Typical Construction Equipment Noise Levels for a listing of typical noise levels associated with construction equipment. Table 4 TYPICAL CONSTRUCTION EQUIPMENT NOISE LEVELS TYPE OF EQUIPMENT MAXIMUM LEVEL, DB (50 Fr.) Scrapers 88 Bulldozers 87 Heavy Trucks 88 Backhoe 85 Pneumatic Tools Source: Cunniff, 1977, as cited by Brown-Buntin, Associates, Inc., revised July 18, 1997, Table X. 85 National City Education Village Mitigated Negative Declaration Page 24 April 2002 Excessive noise levels resulting from construction activities generally would occur in the daytime hours. Construction noise would last the duration of the construction, although it would be most noticeable during the initial months of site -intensive grading and building construction. Noise sensitive receptors in proximity to the construction site, specifically guests in the Holiday Inn and Red Lion Inn, could be impacted by construction noise. Most of the construction activity would occur between the hours of 7am and 5pm, a time when many of the hotel guests would not be in their rooms, which would reduce some noise impacts to those guests. Long -Term Impacts Project implementation would create stationary noise sources on the project site.3 These sources would include typical commercial stationary noise sources such as mechanical equipment and parking lot noise. The potential impact from these noise sources is not anticipated to result in significant impacts to nearby sensitive receptors. Perceptible noise from the parking structure would occur during the "daytime" hours of 7:00 AM to 10:00 PM, when the City's 65 dB(A) stationary noise standard is in effect. Therefore, in consideration of the above, noise from the parking structure is not anticipated to be a significant impact. The project would generate additional vehicle travel on the surrounding roadway network, thereby increasing traffic noise levels along affected roadway segments. However, it should be noted that the following project noise levels do not take into consideration the fact that the site has generated traffic and subsequent noise levels by existing uses on the site. Almost all of the project traffic would be generated to Roosevelt Avenue. Approximately 30% of the project traffic would be generated to Plaza Boulevard and approximately 47% of the total project traffic to 8th Street. The rest of the project traffic, which would comprise the remaining 23% of the total traffic, would be spread throughout the area on other local surface streets. The majority of the project traffic would travel along 8th Street and Plaza Boulevard and increase future noise levels along these roadways. The increase in noise levels along the local streets serving the project would be spread throughout the daytime hours, minimizing an increase in noise levels during any specific time period. The proposed project is estimated to increase the existing noise levels along surface streets surrounding the site by less than 2 dBA. The existing roadway noise along Plaza Boulevard is approximately 70.9 dBA at the edge of the right-of-way and the modeled existing noise level of 60.39 CNEL at 100 from the roadway centerline. As a result, the existing noise levels likely exceed the City's interior noise standard in an unmitigated "windows open" condition that is 45 dBA at night and 55 dBA during the daytime. The City's noise ordinance notes that, where existing noise levels exceed City noise standards, the ambient noise level becomes the noise standard. The additional project related noise level increase is projected to be less than 2 dBA. Based on the fact that a 1 dB(A) increase would only be audible under laboratory conditions and a 3-S dBA increase is detectable as a change under normal conditions, a less than 2 dBA increase would be negligible and therefore, less than a significant noise impact to residents. There is the potential for short-tem noise impacts by the project during project construction. The following mitigation measures are recommended to reduce noise impacts to less than significant levels: 3 Stationary noise levels diminish at the rate of 6 dB(A) per doubling of distance, in comparison to mobile noise sources that diminish at the rate of 4.5 dB(A) per doubling. National City Education Village Mitigated Negative Declaration Page 25 April 2002 XI-1 Construction activities shall comply with Section 12.10.160 of the National City Municipal Code, which states that commercial construction noise is limited to 85 dBA (as transmitted across the property line) during the hours between 7:00 AM to 7:00 PM daily (except Sundays and holidays). XI-2 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of the City Engineer. XI-3 Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers, to the satisfaction of the City Engineer. XI-4 Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors during construction activities, to the satisfaction of the City Engineer. XI-5 Prior to building permit issuance, a certified acoustical study performed by a professional acoustic engineer shall be submitted by the applicant to the City of National City Community Development Department for review and approval. The study shall outline methods by which all feasible sound attenuation will be incorporated into the project design, such as noise walls and other noise barriers, building orientation and other appropriate means to achieve City noise standards for adjacent sensitive receptors. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? No Impact. There may be some groundborne vibrations during project construction that could be felt by hotel guests and business employees closest to the site. The ground borne vibrations that could be expected would be due to soil compaction during grading operations. The soil compaction activities would be short-term and only lastfor a few days. The soil compaction vibrations could impact hotel guests and business employees closest to the site, but the vibration impact is not expected to be significant because of the short duration that compaction would occur. Compaction activities would not occur constantly throughout the day, but rather periodically and therefore, is not anticipated to significantly impact area businesses or hotel guests. The City would review building plans for potential vibration and groundborne noise impacts during plan check and incorporate measures accordingly to reduce or eliminate the impacts when identified. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Traffic would increase the ambient noise level along Plaza Boulevard and Roosevelt Avenue adjacent to the project site less than 2 dBA. Based on the fact that a IdB(A) increase would only be audible under laboratory conditions and a 3-5 dBA increase is detectable as a change under normal field conditions, a less than 2 dBA increase would be negligible and have a less than significant permanent noiseimpact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Please see XI. c) above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. There are no airports located with two miles of the project site. The closest airport, San Diego International Airport, is located approximately five miles northwest of the site. The project would not expose working at the site to excessive noise levels associated with the on -going operations at any airports in the area. National City Education Village Page 26 Mitigated Negative Declaration G April 2002 XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? Less Than Significant Impact. The project is not anticipated to increase the population in the area. There are no residential units or other uses proposed by the project that would directly or indirectly induce population growth in the area. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The site is developed with commercial buildings and there are no residential homes on the property. Therefore, the project would not require the construction of replacement housing elsewhere in National City. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Please see XII. b) above. XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Less Than Significant Impact. The project would require fire protection services from the City of National City Fire Department. The fire protection servicesthat are expected to be required include routine fire inspections of the building and calls for emergency service. The fire inspections consist of a walk-through of the buildings to observe that the buildings comply with all applicable fire codes. Calls for service would include a response to fire emergencies such as fires, people locked in cars, on -site automobile accidents, etc. Although the project could impact the Fire Department due to an increase in the number of calls for service, the number of calls is not anticipated to be significant. The project would have to meet all applicable fire code and life safety requirements, which would reduce the potential for fire emergencies. The number of calls for service by the project is not expected to be any greater than received by the Department by the existing uses on the property. Police protection? Less Than Significant Impact. The project would require police protection services from the City of National City Police Department. The police protection services that are expected to be required by the project include car break-ins, on -site automobile accidents, etc. Although the project could impact the Police Department due to an increase in the number of calls for service, the number of calls is not anticipated to be significant. The project would incorporate the safety measures recommended by the Police Department to reduce service calls. The number of calls for service is not expected to be significantly greater than received by the existing uses on the property. Schools? No Impact. The project would not impact area schools because the project would not generate any K-12 students that would have to attend schools in the City. The project could indirectly impact area schools if school administrators or County employees with school age children relocate to the area. However, the number of new school age children that may be generated to area schools due to people employed at the site is anticipated to be minimal and insignificant and not impact the capacity of any local schools. The City of National City is served National City Education Village Mitigated Negative Declaration Page 27 April 2002 by the National City School District for grades K-6 and Sweetwater Union High School District for grades 7-12. Although the project would not directly generate students, the project developer would be required to pay school impact fees to each school district prior to the issuance of building permits. The National City School District charges $0.14 per square foot and Sweetwater Union High School District charges $0.18. The District's would use the money to provide additional school facilities to serve students that would be indirectly generated by the project. Payment of the required impact fee would offset and mitigate any impact the project would have indirectly on the Districts. Parks? No Impact. The project would not demolish or remove any existing park facilities. The project would not require park facilities or increase the use of existing facilities. The project would not impact existing park facilities in the City. Other public facilities? No Impact. There are no public facilities that would be impacted by the project. XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Potentially Significant Unless Mitigation Incorporated. A traffic report was prepared for the project by Linscott Law & Greenspan Engineers. The traffic report is on file with the City of National City Community Development Commission. A summary of the traffic report is provided below. The project is estimated to generate approximately 5,550 average daily trips, which includes 330 trips occurring in the AM peak hour and 320 trips occurring in the PM peak hour. The number of vehicle trips forecast to be generated by the project was calculated through a trip generation analysis. The traffic analysis evaluated nine area intersections to determine whether or not the project would impact the local traffic and circulation system. The nine intersections that were evaluated are shown below in Table 5. Table 5 Study Intersections • 8'h Street / National City Boulevard • 96 Street/ Roosevelt Avenue • 8th Street / Roosevelt Avenue • 9°' Street/National City Boulevard • 8°i Street / I-5 Ramps ® 7`h Street / Roosevelt Avenue ® Plaza Boulevard / National City Blvd ® 8°i Street / Hoover Avenue ® Plaza Boulevard / Roosevelt Avenue All study intersections are currently operating at acceptable levels of service (LOS D or better) during the AM and PM peak hours, with the exception of 8h Street ramps at the I-5 Freeway southbound ramps, which is calculated to operate at LOS F in the PM peak hour. The traffic analysis estimated the potential traffic impacts of the project for the year 2020 and took into account the abandonment of 9`h Street between Roosevelt Avenue and National City Boulevard. The results of the traffic study indicate that the key intersections in the project vicinity would continue to operate at an acceptable Level of Service (LOS D or better) during the AM and PM peak hours, with the exception of the intersection of 8°i Street at the I-5 southbound ramps, which would continue to operate at LOS F in the PM peak hour and 8°' Street at Hoover, National City Education Village Mitigated Negative Declaration Page 28 April 2002 which would operate at LOS E in the PM peak hour. The project by itself would not impact the intersection of 8th Street at Hoover. Growth in the area by the year 2020 would result in traffic impacts to this intersection. The vacation of 9th Street between National City Boulevard and Roosevelt Avenue is calculated to cause no significant change in operations to the intersections studied in the project vicinity. The signalization of 8th Street at the 1-5 Freeway southbound ramps would improve this intersection to level of service B for both the AM and PM peak hours. The following mitigation measure is recommended to mitigation project traffic impacts at 8`h Street and the I-5 Freeway southbound ramps, if acceptable to the City of National City and Caltrans. XIV-1 The City of National City shall require the project developer to install traffic signals at the intersection of 8th Street and southbound ramps at I-5 when warranted by the project and upon concurrence by Caltrans and the City of National City. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? Less Than Significant Impact. The traffic engineer contacted the City of National City Planning Department to identify any projects in the vicinity that could, in conjunction with the proposed project, be considered for cumulative traffic impacts. The City identified three projects that were included in the cumulative traffic impact analysis and include: a Jack In The Box and ARCO service station at the northwest corner of 8th Street/Roosevelt Avenue; six residential units at the northeast corer of 9`h Street /National City Boulevard; and a Chamber of Commerce office building at the southeast corer of 9`h Street/National City Boulevard. Based on the results of the cumulative traffic analysis, the project in conjunction with the three cumulative projects would not change the level of service at any of the area intersections beyond the levels calculated for the proposed project. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The closest airport to the project site is the San Diego International Airport. The airport is located approximately five miles northwest of the site. The project does not include any changes to the existing air traffic patterns or operations at the airport and would not impact any operations or cause safety risks at the San Diego International Airport. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact. The project does not propose any design features such as sharp curves or dangerous intersections that would increase hazards. The project would rely upon the existing transportation and circulation system that presently serves the site to serve the proposed project. New curb cuts to provide driveways for ingress and egress may have to be provided, but all design plans would have to be approved by the City prior to construction. The project proposes to abandon 9th Street between Roosevelt Avenue and National City Boulevard to allow construction of the Southwestern College building and the parking structure. The abandonment of 9`h Street between Roosevelt Avenue and National City Boulevard was not identified by the traffic engineer as having any significant traffic hazards or traffic i impacts. The project would not increase hazards due to design features or the abandonment of 9 Street. National City Education Village Mitigated Negative Declaration Page 29 April 2002 e) Result in inadequate emergency parking? No Impact. All on -site parking for emergency vehicle parking as required by city building codes would be provided prior to the issuance of building permits. The project would not result in inadequate emergency parking. f) Result in inadequate parking capacity? No Impact The project proposes to provide 533 parking spaces, including 80 surface level spaces and 453 spaces in a three-story parking structure. Based on a parking analysis by the traffic engineer, the project would require 528 spaces. Therefore, the project would provide 5 spaces more than required. The parking analysis did not take into account a reduction in vehicle trips, and thus parking spaces needed, due to available public transit in the immediate project vicinity. The public transportation that is available in the project area includes public bus service and the Trolley Blue Line. Public bus service is available along several streets adjacent to the project site and would continue to be available and serve the site with development of the project. The Trolley Blue Line is located approximately 1600 feet west of the site and within walking distance to the project. Both students and administrators will be shuttled from the 8th Street Trolley Station to the project site. The Metropolitan Transit Developer Board (MTDB) will transport students and administrators at no cost from the 8th Street Trolley Station to and from the College, eliminating some need for on -site parking spaces. The project is transit oriented to promote and encourage the use of alternative modes of transportation and reduce vehicular trips and parking needs. Both forms of public transportation would serve the project and further reduce traffic trips and parking needs. Therefore, the parking proposed by the project is anticipated to be adequate. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. Please see XIV. a) above. XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. The project -generated wastewater would be treated at the City of San Diego Point Loma wastewater treatment plant. The Point Lorna treatment plant has capacity to adequately serve the project. The wastewater generated by the project would not require the treatment plant to exceed the wastewater treatment requirements of the applicable Regional Water Quality Control Board. The wastewater estimated to be generated by the project would be incrementally greater than the quantity generated by the existing uses. However, the incremental increase in wastewater by the project would not impact the Point Loma treatment plant. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The water and wastewater utilities that serve the project have adequate facilities to serve the project without constructing new or expanding existing facilities. The existing sewer and water lines that presently serve the existing uses on the site have capacity to serve the proposed project. The proposed project may require the on -site relocation of the existing facilities to serve the new uses, but the main trunk facilities serving the site have capacity to serve the proposed project. c) Require or result in the construction of new storm wader drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. The existing storm drain system that presently serves the site National City Education Village Mitigated Negative Declaration Page 30 April 2002 has capacity to serve the proposed project without constructing new or expanding existing off -site facilities. New on -site storm drain collection facilities would have to be constructed to collect and discharge on -site surface water to the local system. However, no upgrades or improvements to the existing off -site storm drain system that serves the site at this time would be required. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact. The Sweetwater Authority would provide water to the project for drinking and fire flow. The existing water main that serves the site presently can provide the water necessary to serve the project. The project would be required to provide all applicable water conservation measures as required by law to reduce water consumption. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. The City of San Diego Metropolitan Wastewater Department provides the regional wastewater collection and treatment system that serves the site and would serve the proposed project. Wastewaterfrom the project site would be collected locally and discharged into the Metropolitan Wastewater Sewerage system that would transport the wastewater for treatment at the Point Loma Wastewater Treatment Plant. Treated wastewater would be discharged into the ocean via the Point Loma Ocean Outfall. The Department has indicated that it has adequate capacity to handle the wastewater generated by the proposed project without impacting its ability to serve other communities and commitments. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact. The project would generate solid waste including cardboard, office paper, and other materials typically associated with educational, office, residential and retail uses. Some of the materials such as cardboard and paper can be recycled. However, there would be some solid waste that cannot be recycled that would be taken to the Otay landfill. The City of National City has a Source Reduction Element that requires commercial use to recycle solid waste. Compliance of the project with the City's recycling requirements would reduce the amount and volume of solid waste that would be hauled from the site to the landfill. The existing uses on the site presently generate solid waste that is deposited at the landfill. Most of the solid waste generated by the existing uses is hauled to the local landfill. While the proposed project may generate more solid waste than the existing uses, the net increase in solid waste is not anticipated to significantly impact and reduce the life expectancy of the Otay landfill_ Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The project would be required to comply with all applicable federal and state regulations regarding recycling. The City of National City requires all businesses to recycle those materials that can be economically recycled. Compliance with the City's recycling requirements would reduce impacts to a level of insignificance. g) XVI. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? Less Than Significant Impact. The project would consume electricity to operate lights and mechanical equipment, etc. The project would be required to install all energy conservation measures as required by State law. The incorporation of all applicable energy National City Education Village Mitigated Negative Declaration Page 31 April 2002 conservation measures would help to reduce electrical consumption. The project would consume more electricity than the existing uses because there is more development than presently existon the site. The incorporation of all applicable energy conservation measures could reduce energy consumption by the project to closer to the amount consumed by the existing uses. The project would have an incremental impact on electrical generation and is not expected at this time to significantly impact power production or availability. b) Conflict with existing energy standards? No Impact. Please see XVI. a) above. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project would not degrade the quality of the environment or substantially impact fish.. or wildlife species or habitat because there are no biological resources either on the site or in the immediate area that would be impacted by the project. Since the project site is developed and there are no biological resources on the site, the project would not result in any significant adverse impact to any wildlife or plant species. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other .current projects, and the effects of probable future projects.) No Impact. The project would not have any cumulative impacts. There are no environmental disciplines or issues that individually or cumulatively would be considerably impacted by the project. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. There are no environmental disciplines that would be adversely impacted by the project. Although there will be some impacts associated with air quality, noise and traffic that could either directly or indirectly impact humans, mitigation measures have been recommended for incorporation into the project that would reduce impacts to a level of insignificance. The project would not cause substantial adverse effects on human beings. National City Education Village Mitigated Negative Declaration Page 32 April 2002 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM TO THE MITIGATED NEGATIVE DECLARATION FOR THE HIGHER EDUCATION CENTER PROJECT /17 National City Education Center "Education Village" MITIGATED NEGATIVE DECLARATION MITIGATION MONITORING AND REPORTING PROGRAM Prepared for: Community Development Commission of National City 140 E. 12th Street, Suite B National City, California 91950-3312 (619) 336-4256 Prepared by: Laguna Pacific Environmental, Inc. 100 Pacifica, Suite 250 Irvine, California 92618-3818 (949) 788-4900 STATE CLEARINGHOUSE NO. 2002041117 MAY 2002 MITIGATION MONITORING AND REPORTING PROGRAM 1.0 MITIGATION MONITORING AND REPORTING PROGRAM 1.1 Introduction This document constitutes the Mitigation Monitoring and Reporting Program (MMRP) for the proposed National City Higher Education Center "Education Village" project. It has been prepared pursuant to the requirements of Public Resources Code §21081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The Community Development Commission of National City (Commission) is the lead agency for the proposed project, and is therefore, responsible for administering and implementing the MMRP. The decision -makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to fmal approval of the proposed project. 1.2 Project Overview The project includes the demolition of an existing service station, adult movie theatre, an automotive repair shop, and other existing buildings to construct a two-story 47,000 square foot building, that includes 10,600 square feet of retail, for use by Southwestern College and a second two two-story 25,000 square foot building for use by the San Diego County Office of Education South County Regional Facility for professional staff training purposes. The project also includes surface parking for 80 cars at the southern end of the site and a three-story parking structure for 453 cars on the west side of the 3.4- acre site. 1.3 Monitoring and Reporting Procedures This MMRP includes the following information in a matrix format: (1) mitigation measures that would either eliminate or lessen the potential impacts of the project; (2) the monitoring milestone or phase during which each measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring the mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. The MMRP will be in place through all phases of the project including project design (preconstruction), project approval, project demolition and construction, and operation (both prior to and post -occupancy). The Commission will ensure that mitigation monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with the mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of: The phase of the project during which the measure should be monitored; ❑ During building plan check review and prior to issuance of a building permit ❑ Prior to demolition, grading and other project development activities and on -going during construction ❑ During project demolition, grading and construction activities. National City Higher Education Center "Education Village" Mitigation Monitoring Reporting Program May 2002 Page 1 ,fir MITIGATION MONITORING AND REPORTING PROGRAM + ❑ When warranted by the City and Caltrans • The enforcement agency; and • The initials of the person verifying completion of the mitigation measure and date. The MMRP is provided as Table 1 (Mitigation and Monitoring Reporting Program). National City Higher Education Center "Education Village" Mitigation Monitoring Reporting Program 714 May 2002 Page 2 Mitigation Measure No. Air Quality 1. 2. ❖ MITIGATION MONITORING AND REPORTING PROGRAM '+° Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Enforcement Agency Mitigation Measure The project shall incorporate all applicable structural related emission reducing technologies such as insulation beyond Title 14 Standards of the Uniform Building Code (UBC) and efficient electrical equipment such as lower wattage lighting to reduce air emissions. The project shall incorporate trip reduction measures that include on -site bike racks, car pool parking, and employee ride sharing and other typical incentives to ride public transportation to reduce motor vehicle trips. Hazards and Hazardous Materials 3. The Community Development Commission shall ensure compliance with the Master Work Plan as the approved mitigation measure for all noted soil and groundwater assessment and remediation required for the site to be developed as proposed. Groundwater and soil remediation activities may occur contemporaneously with project demolition, grading construction. Monitoring Milestone During building plan check review and prior to issuance of building permits. During building plan check review and prior to issuance of building permits. Prior to demolition, grading, and other project development activities and on going during construction._ National City Higher Education Center "Education Village" Mitigation Monitoring Reporting Program National City Building Department National City Building Department Community Development Commission Verification of Compliance (Responsible Monitor to Initial and Date) Initial Date Initial Date Initial Date May 2002 Page 3 ❖ MITIGATION MONITORING AND REPORTING PROGRAM •••• Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Noise 4. Construction activities shall comply with Section 12.10.160 of the National City Municipal Code, which states that commercial construction noise is limited to 85 dBA (as transmitted across the property line) during the hours between 7:00 AM to 7:00 PM daily (except Sundays and holidays). During project demolition, grading and construction activities. Building Department Initial Date 5. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of the City Engineer. During project demolition, grading and construction activities. Building Department Initial Date 6. Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers, to the satisfaction of the City Engineer. During grading and building plan check review and on going during project demolition, grading and construction. Building Department Initial Date 7. Stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors during construction activities, to the satisfaction of the City Engineer. National City Higher Education Center "Education Village" Mitigation Monitoring Reporting Program During grading and building plan check review and on going during project demolition, grading and construction. • Building Department Initial Date May 2002 Page 4 8. Prior to building permit issuance, a certified acoustical study performed by a professional acoustic engineer shall be submitted by the applicant to the City of National City Community Development Depaitinent for review and approval. The study shall outline methods by which all feasible sound attenuation will be incorporated into the project design, such as noise walls and other noise barriers, building orientation and other appropriate means to achieve City noise standards for adjacent sensitive receptors. Transportation/Traffic 9. The City of National City shall require the project developer to install traffic signals at the intersection of 8th Street and southbound ramps at I-5 when warranted by the project and upon concurrence by Caltrans and the City of National City. National City Higher Education Center "Education Village" Mitigation Monitoring Reporting Program ❖ MITIGATION MONITORING AND REPORTING PROGRAM •.• Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Building Department Prior to issuance of building permits. When warranted by the City and Caltrans Public Works Department and Caltrans Initial Date Initial Date May 2002 Page 5 3. A-200 (9 99 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 17, 2002 4 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — SUBDIVISION AND PLANNED DEVELOPMENT PERMIT FOR FIVE RESIDENTIAL UNITS ON THE EAST SIDE OF Q AVENUE AT 7 H STREET WITH A VARIANCE FOR THE LOCATION OF PARKING SPACES AND FENCING (APPLICANT: DANIEL FURLAN) (CASE FILE NO.: S-2002-1/PD-2002-4/Z-2002-3) PREPARED BY DEPARTMENT Roger Post 36-4310 Planning EXPLANATION The Planning Commission held a public hearing on this item on November 4, 2002. The attached background report describes the development proposal in detail. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Subdivision, Planned Development Permit and Zone Variance. Vote: Ayes -Unanimous ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 30-2002 Including Findings and Conditions for Approval Location Map Notice of Exemption Resolution No. 5. Department and Agency Comments 6. Site Photographs 7. Applications 8. Applicant's Plans (Exhibits A -Revised and B) BACKGROUND REPORT The project site is a vacant irregularly shaped 22,875 square foot property on the east side of Q Avenue at 7th Street in the Residential Multi -family -Planned Development (RM-1-PD) zone. The property has 86 feet of frontage on Q Avenue and extends to the east 185 feet. It also adjoins a fifteen foot wide paved alley along a portion of the north property line. The north half of the lot slopes gently down from the alley towards Q Avenue, while the south half of the lot slopes steeply to the south and southeast. There are existing retaining walls on the south and east property lines. There are single-family homes west of the site across Q Avenue and north across the alley. Also, there are apartments east and south of the project site. The applicant's proposal is to place five two-story manufactured units on the north half of the property. Three of the units will be 1,348 square feet and two will be 1,410 square feet in size. All five will have three bedrooms and two bathrooms. The two middle units will be attached, and the other three will be detached. The homes will be approximately 15 feet wide by 48 to 52 feet deep. They will have hipped roofs, wood trim, simulated wood siding and a small porch. One unit, which will be approximately 29 feet from the front property line, will face Q Avenue. The other four units will be on the back half of the lot five feet away from the north property line facing south. All of the units will have private yard areas between 240 and 470 square feet in size. There will be a 600 square foot grass common area near the center of the property, and a 640 square foot deck built out over the south slope. There will also be 12 uncovered parking spaces, accessible from Q Avenue, provided on -site. The applicant has requested a Variance to allow only four feet of landscaped separation, where Code requires 10 feet of separation, between the parking spaces and the units on the rear half of the lot. Additionally, he has requested a Variance to allow a six-foot tall security fence/gate in the front yard setback area along Q Avenue, where Code allows a fence to be only four feet tall. The fence/gate will be located just in front of the on -site parking. The south and southeast portions of the lot will remain steeply sloped. Prior to construction the applicant will remove existing uncompacted fill and import adequate soils to build on. He will also repair the existing retaining walls, and construct two new ones. A three to four foot tall smooth -faced block wall will be built on the northern part of the property, and a seven to twelve foot crib wall, planted with vines, will be built on the east and south sides of the building pads and parking lot. The proposed development of five residential units complies with the General Plan Land Use designation, RM-1-PD, of the property, which allows as many as 12 residential units. The proposal also achieves General Plan policies encouraging the creation of homeownership opportunities, the return of vacant property to productive use and the beautification of older developed neighborhoods. In addition, the proposed density and design are consistent with the existing development pattern in the immediate area. The two previously mentioned variance requests appear justified given the severe slopes on and awkward shape of the site. The Planning Commission held a public hearing on this item November 4, 2002. A couple of residents of the area voiced concerns over the current lack of street parking and how this project could exacerbate it. The Commission added conditions requiring eaves on the units and safety railing adjacent to the slope. RESOLUTION NO. 30-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR FIVE RESIDENTIAL UNITS ON THE EAST SIDE OF Q AVENUE AT 7TH STREET WITH A VARIANCE REGARDING THE LOCATION OF PARKING SPACES AND FENCING APPLICANT: DANIEL FURLAN CASE FILE NO. S-2002-1/PD-2002-4/Z-2002-3 WHEREAS, application was made for approval of a tentative subdivision map and planned development permit for five residential units on the east side of Q Avenue at 7th Street, along with a variance regarding the location of parking spaces and fencing on property generally described as: Lots 1 through 7, inclusive, in Block 2 of Bach and Shaules Addition, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1072, filed in the Office of the County Recorder of San Diego County, July 27, 1907, together with the northerly one-half of the street adjoining said Lots 1 through 7, inclusive, on the south as vacated by Resolution No. 9536, recorded February 14 1968 as File No. 25927 of Official Records. Also together with that portion of the south one-half of the alley adjacent to said Lots 6 and 7 on the northwest, as closed and vacated by resolution of the City of National City, a certified copy recorded December 5, 1986 as File No. 88-623060 of Official Records. Also, together with the easterly 10 feet of "Q" Avenue adjoining said Lot 1, Block 2, and said northerly one-half of 7th Street on the west as vacated by Resolution No. 10,064, recorded March 31, 1970 as File No. 55841 of Official Records. Excepting therefrom the northwesterly 50 feet of Lots 1, 2 and 3 in Block 2 of said Bach and Shaules addition and the northwesterly 50 feet of the easterly 10 feet of "Q" Avenue adjoining said Lot 1, Block 2 on the west. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on November 4, 2002, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. S-2002-1, PD-2002-4 and Z-2002-3, 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 Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, planned development permit and zone variance, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan, since the development is consistent with the uses and density allowed by the RM-1 General Plan/Zone Designation, and since no Specific Plan is applicable to the site. 2. The site is physically suitable for the proposed type of development, since the proposed site is in a residential area and contains some relatively level areas that can accommodate the proposed units, and since the proposed grading will provide stable building pads. 3. The site is physically suitable for the proposed density of development, since the .53 acre property can accommodate pads for the five proposed units at a density of 9.5/acre and since other nearby properties are developed at similar or greater densities. Additionally, the site is physically suitable for the proposed density, since there is adequate access to public services and facilities. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is disturbed and surrounded by urban development and uses. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since it will accommodate five units consistent with density limitations of the applicable RM-1 zone, and since variances for less than required separation between the buildings and for a six-foot tall fence in the front yard setback area will maintain adequate yards areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is located at the intersection of two residential collector streets, designed to carry residential traffic to nearby arterial roadways, and since the proposed use will generate a small number of residential trips. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since adequate setbacks will be maintained separating development from adjacent properties and since the residential use will be compatible with surrounding residential development. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide home ownership opportunities as encouraged by the General Plan. FINDINGS FOR APPROVAL OF THE ZONE VARIANCE That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since site topography partly consisting of steep slopes limits the development area on the property. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since level properties in the area would be able to develop at the same or a greater density and provide typical accessory structures and uses such as fences and parking. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the General Plan and Title 18 of the Municipal Code allow for up to 12 residential units on the property. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and planned development permit for five residential units on the east side of Q Avenue at 7th Street with a variance regarding the location of parking spaces and fencing, subject to the following conditions: 1. This Tentative Map, Planned Development Permit and Zone Variance authorize the development of five residential units for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. S-2002-1/PD-2002-4/Z-2002-3, dated 10/1/2002. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The retaining wall and fence shall be constructed along the north property line, abutting the alley, except where it will maintain a three-foot clearance around an existing utility pole. 4. A safety fence/railing shall be constructed along the south edge of the parking lot and all common areas that adjoin a steep slope. 5. The developer shall work with San Diego Gas & Electric and Pacific Bell in relocating an existing guy wire so that it no longer encroaches onto the property. 6. A trash enclosure shall be provided in accordance with City standards. It shall be designed to harmonize with the pr posed development. 7. The security fence/gate along Q Avenue shall include a gate for pedestrian access. 8. All of the residential units shall be constructed with 12 inch eaves. 9. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 10. A grading and drainage plan, prepared in accordance with the City's standard requirements by a Registered Civil Engineer, shall be submitted showing all existing on and off -site improvements. All necessary measures for prevention of storm water pollution, and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National City Pollutant Discharge Elimination System regulations. Also, method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in City right-of-way shall be six inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscape improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, 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. 12. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 13. A soils engineering report shall be submitted for Engineering Department's review. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design and the maximum allowable soil bearing pressure. At minimum parking lot pavement sections shall be two inch A.C. over four inch Class II aggregate base. Street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 14. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and the grading construction on private property. 15. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent 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. 16. Street improvements shall be in accordance with the City standards. All missing street improvements, 105 feet of sidewalk and 60 feet of alley, shall be constructed. All abandoned driveway aprons shall be removed and replaced with curb, gutter and sidewalks. 17. A Title Report shall be submitted to the Engineering Department for review of all existing easements and the ownership of the property. 18. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. 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 approval of the final map. 20. All utility distribution facilities within the boundaries of the subdivision, and within half the street abutting the new subdivision shall be placed underground. 21. The final map shall be recorded prior to issuance of any building permit. 22. All new property line survey monuments shall be set on private property, unless otherwise approved. 23. The final map shall use the California Coordinate System for its "Basis of Bearing" and express all measured and calculated bearings in terms of the system. The angle 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. 24. A fire sprinkler system shall be installed in each of the residential units. 25. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. Exterior walls of buildings/ freestanding fences/ trash enclosures to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 28. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project, prior to obtaining the final map approval. 29. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, retaining walls, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 30. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 31. Before this Subdivision, Planned Development Permit and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit/Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit/Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 32. 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 National City Municipal Code § 17.04.070. The Planned Development Permit and Zone Variance shall expire if the Tentative Map expires. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 18, 2002, by the following vote: AYES: MARTINELLI, FLORES, UNGAB, PARRA, BACA, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: sommour N PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 7th Street and Q Avenue S-2002-1/PD-2002-4/Z-2002-3 111111111111111111111111111111 DRN. DATE: 10/16/02 INITIAL HEARING: 11/4/02 NATIONAL CITY PLANNING City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 7th Street and Q Avenue Subdivision Project Location: An approximately 22,875 square foot property on the east side of Q Avenue at 7th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: The subdivision and development of a vacant .53 acres property with five single-family units and associated parking and open space areas. Applicant Name and Address: Daniel Furlan C/o C.R.S. Inc. 1640 Broadway San Diego, CA 92101 Exempt Status: Telephone Number: (619) 232-6644 Statutory Exemption.. Categorical Exemption. Class 32, Section 15332 In -Fill Development Projects ❑ Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed project has no potential for causing a significant effect on the environment. The vacant, disturbed property has no value as habitat for endangered or threatened species, and is surrounded by urban development. The proposed subdivision and development of five single- family units on a 22,875 square foot property is consistent with the Combined General Plan/Zoning Designation. It meets all applicable zoning regulations with the approval of a Zone Variance for allowing a six foot tall fence in the front yard setback area, and less than 10 feet of ® Recycled Paper separation between the residential units and some of the parking spaces. The project will be adequately served by all necessary utilities, and will not significantly affect traffic, air quality, water quality or the existing noise environment. Date: ANDREW HOSKINSON ASSISTANT PLANNER City of National City Fire Department 333 E. 16th St., National City, CA 9195d`-A50 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: October 16, 2002 To: Planning Department From: Jeff Burriss, Deputy Fire Marshal Subject: 7th St. & Q Ave. Project I have spoken with the developer of the project and the fire hydrant is not a problem. He also plans to install a fire sprinkler system in the condos which meets the fire departments needs. t'3 Recycled Paper To: From: Via: Subject: City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4367 August 1, 2002 ENGINEERING REQUIREMENTS FOR A 5 CONDOMINIUM UNITS AT "Q" AVENUE AND 7TH STREET Andrew Hoskinson, Planning Department NATIONAL CITY NNING Adam J. Landa, Engineering Department Sett Stephen M. Kirkpatrick, Assistant Public Works Director/Engineering 5 CONDOMINIUM UNITS AT "Q" AVENUE AND 7TH STREET 1. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with he 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 parking lot or development shall be implemented with the design of the grading plan. This shall include the provisions of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A check list for preparation of the grading plan is available at the Engineering Department. 2. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be 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. Recycled Paper 3. For P.V.C. irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 4. A soils engineering report shall be submitted for the Engineering Department's review after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with Standard Drawing G-24 with National City modifications. All soils report findings and recommendations shall be part of the Engineering Department requirements. 5. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 6. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 7. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 8. Street improvements shall be in accordance with the City Standards. All missing street improvements (105' of sidewalk and 60' of alley) shall be constructed. All abandoned driveways aprons shall be removed and replaced with curb, gutter and sidewalks. 9. A title report shall be submitted to the Engineering Department for a review of all existing easements and the ownership at the property. MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 2. The Subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. The final map shall use the California Coordinate System for its 'Basis of Bearing" 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. AL jha2 q ave Date: FROM: SUBJECT: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (61%33614310 ROGER G. POST - DIRECTOR NT 1 July 22, 2002 NATIONAL CIT' PLANNThV CITY OF NATIONAL CITY PLANNING DEPARTMENT Case File Nos: S-2002-1/PD-2002-4/Z-2002-3/IS-2002-7 for a one lot, five condominium unit subdivision at 7th Street and Q Avenue along with a Variance for reduction of interior parking lot landscaping and reduced separation between residential buildings and parking spaces APN: 557-120-41 This Subdivision, Planned Development Permit and Zone Variance have been submitted for Planning Commission consideration. The applicant proposes to construct five two-story detached condominium units at 7th Street and Q Avenue. The applicant is also requesting a Variance to allow a reduciton in landscaping within the interior of the parking lot and to allow four feet of clearance between open parking spaces and the residential 'units where Code requires 10 feet. Please submit your comments or recommendations on the proposed project by August 5, 2002. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any uestions, please contact me at 336-4313. Thank you. Andrew Hoskinson Assistant Planner No comments cc: Building & Safety Department Engineering Department Fire Department Police Department Community Development Commission Pacific Bell r mar rA D�l� \ pj-1-ev fl ot\ \)V0Vern w National. School District Sweetwater Union High School District Cox Cable Ultronics, Inc. San Diego Gas & Electric Sweetwater Authority Metropolitan Transit District Board 1-er0 (0,k rv-lain 1VVj \a l . Recycled Paper Date: FROM: SUBJECT: City of National City NATIONAL CITY ",.ANNiNCF Ii Planning Department u 2 1243 National City Blvd., National City, CA 91950 (619) 336-431 _AUG zao ROGER G. POST - DIRECTOR July 22, 2002 CITY OF NATIONAL CITY PLANNING DEPARTMENT RECEIVED San Diego Gas & Electric Comoan''f U! L Z2002 REAL ESTATE OPE ,A1 HUr'4S DEPARTMENT Case File Nos: S-2002-1/PD-2002-4/Z-2002-3/IS-2002-7 for a one lot, five condominium unit subdivision at 7`h Street and Q Avenue along with a Variance for reduction of interior parking lot landscaping and reduced separation between residential buildings and parking spaces APN: 557-120 44. wLi-3 ttsS. 1117i-P vw a000. This Subdivision, Planned Development Permit and Zone Variance have been submitted for Planning Commission consideration. The applicant proposes to construct five two-story detached condominium units at 7th Street and Q Avenue. The applicant is also requesting a Variance to allow a reduciton in landscaping within the interior of the parking lot and to allow four feet of clearance between open parking spaces and the residential units where Code requires 10 feet. Please submit your comments or recommendations on the proposed project by August 5, 2002. It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any uestions, please contact me at 336-4313. Thank you. p 4.3i ✓j „ •mot . /S -� �,J �✓ { /i.�- i�h� Gin e , C a No comments / i -61-1"- es-8- Lo.S � - / a 7, Andrew Hoskinson Assistant Planner cc: Building & Safety Department Engineering Department Fire Department Police Department Community Development Commission Pacific Bell National School District Sweetwater Union High School District Cox Cable Ultronics, Inc. San Diego Gas & Electric Sweetwater Authority Metropolitan Transit District Board ® Recycled Paper SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater, org August 2, 2002 Mr. Andrew Hoskinson Assistant Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES'JIM' DOUD, CHAIR SUE JARRETT, VICE CHAIR BUD POCKLINGTON GEORGE H. WATERS MARGARET COOK WELSH J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY NATIONAL CITY PLANNAMVPIMT Ni Subject: WATER AVAILABILITY FIVE -UNIT CONDOMINIUM PROJECT AT 7TH STREET & Q AVENUE NATIONAL CITY - A.P.N. 557-120-41-00 CASE NO. S-2002-1/PD-2002-4/Z-2002-3/IS-2002-7 SWA GEN. FILE: WATER AVAILABILITY, 2002 Dear Mr. Hoskinson: This letter is in response to an Application for Tentative Parcel Map, Zone Variance and Planned Development permit for the subject property, within the Authority's service area. There is a six-inch water main located on the east side of "Q" Avenue and a four -inch main on the north side of the parcel that fronts the northwest quarter of the property. The Authority's records indicate that there is one domestic water service to this parcel. Enclosed is a copy of 1/4 SEC. 130 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. The existing water service must be abandoned at the same time as the installation of the new water service. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 67 p.s.i. to a minimum of 57 p.s.i. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson City of National City Re: Water Availability August 2, 2002 Page 2 If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, ext. 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE Enclosure: photocopy of 1/4 SEC. 130 map Pc: Mr. Dan Furlan c/o C.R.S. Inc. 1640 Broadway San Diego, CA 92101 I:\engr\Gen\Water Availability\7th Q townehomes_furlan.doc Photograph showing the project site from intersection of 7th Street and Q Avenue looking east. Photograph showing the top off the slope on the south portion of the property and the existing single-family home to the north of the site. NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map —X— Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 ( PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number S — ix 2 1 Filing Fee $ l� Date Received Receipt No. 0L By E.A.F. Required 16S Fee $ Related Cases\t'—S — 7'00 2--- -7 - `�ao-2- 3 SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. . 7.-- /e/ — ``4,/,? V- .'4/ zk- PROPERTY LOCATION 5 S/ 0 Z �ULJ l Lti 7. .� , J,LT 0ti,94 c / y COMBINED GENERAL PLAN/ZONING DESIGNATION ya-l.- / - Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: 1D i fo' 4l7�7l io(-Name( Signature Signature (Signature �ackn.wledges that this (Signature acknowledges that this application is being filed) application is being filed) Address% 'J 5 Address: C/ U / it) 7 �dJ 3 9;" 11/ C -6) Phone No. g57' /9 l�J` - %� 7 ' Phone No. Fax No. g5d" - Fax No. Date: Date: Z- /- 02— PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: D 4%r% Name: Signa Signature (Signature acknowledges than Ii:. s , (Signature acknowledges that this application is being filed) application is being filed) �p C.,_ 4 S. Address: Address: /zit/,41/ DJJ (4-, 9,2/U/ Phone No. /7 447V Phone No. Fax No. 4/ 1 % - %/ Fax No. Date: 7 -( -D 2 - Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 APPLICANT Signature: ---(Signature cerfaes-that-the,i,nformation submitted with this application is true and accurate to the best of the applicant's knowledge). Address. e2 1: 7Cie /6 -V() „6,49/9-4veh,y 54-7t2 /Z-6-6 ) Phone No. --447 Fax No. Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Z® Filing Fee $ � Receipt No. Date Received 1' li' 02- By 01441-41/4.3 E.A.F. Required 'ice Fee $ Related Cases f °- Z00 2- -- Lf .S—z Ste- Zvo2 1 SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Sr✓ • 4r7/f-Clf6D PROPERTY LOCATION between 7 5r and A 7 n_4. Sr - No. Street COMBINED GENERAL PLAN/ZONING DESIGNATION A M Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number 16 .c8 L S7Oto use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): �J o L4, CD s ctho, ly e� �- � - J �� 2Ic, 1-11)D 7,1L4 y-Db ©Pik P/92lci�(MN tOfr mazLqLle N(NobiAiS Nos (nPaij) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: P/ /\/ 1.41f Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: /6 Lf f/ZO/ OW it1 Phone No. 617 '7_232_ 66=-(--� Fax No. 447 23R 9`f3` Date: 7 (r' b- Address: Phone No. Fax No. Date: Zone Variance Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (Please type print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: /6 L(D 19;ao4-oit'i Phone No. f T 2 3 Z L/% Fax No. C./ 2 !, 6 3 ly Date: 7^— (J Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written finding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shallbe subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, 1998 Page 4 of 4 NATIONAL CITY, CALIFORNIA APPLICATION for --VConditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number q Filing Fee $ S Receipt No. Date Received1 OL By 14414-3 E.A.F. Required YtS Fee $ 33a Related Cases — `'' — 3 5-3i: L— I ems- TOOL — LEGAL DESCRIPTION OF PROPE :t(ch if jrtsufficient space) PROPERTY LOCATION f9' No. Street between 7 and i ,M= /� /Y / L /e4 COMBINED GENERAL PLAN/ZONING DESIGNATION --Ain — Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: (`57) evil/Do/Mimi PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: /!% .E Sig e S. Name: application is being filed) Signature - (Signature acknowledges that this application is being filed) Address: / t✓ . , Address: -4/D 5/9/(1Z)/� a c), C 1/© / Phone No.4/� — / Fax No. �'/ ,-tea % - 29J/ Date: 7-/- oZ- Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: (Please type or print Signature: Signature c = ormation submitted with this applicatiand accurate to the best of the applicant's knowledge). Address: D ii _ S • j !€ sla 4, /7: /,(/, .�ff/1/ P/Z 0, (9 Phone No. i/ 9— , ,?5,2 6 / Fax No. /9- 5 9 —( I� Date: 7 - f O "2__- Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page3of4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 4 of 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 17, 2002 AGENDA ITEM NO. 7-ITEM TITLE PUBLIC HEARING — AMENDMENT TO THE GENERAL PLAN, HOUSING ELEMENT, AND TITLES 17 (SUBDIVISIONS) AND 18 (LAND USE) OF THE MUNICIPAL CODE REGARDING CONVERSION OF APARTMENTS TO CONDOMINIUMS AND RELATED REGULATIONS Applicant: Westone Management Consultants) (GP-2002-2 A-2002-3) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION Since 1979 the Land Use Code has prohibited condominium conversions the subdivision of apartment rental properties into condominium units for sale. The applicant is requesting that the ban on conversions be lifted. He intends to apply for conversion of several apartment complexes in the City after Code provisions are in place to allow this. Issues involved with conversions are discussed in the attached report. The Planning Commission spoke favorably about the increased home ownership opportunities conversions bring and voted for the amendment to allow them subject to case by case review. Commissioners discussed adding requirements for upgrading older properties. Two Commissioners did not vote for approval, stating the need to get further input from CDC and policy direction from the new Council. The Commission also recommended deletion of the requirement that condominium projects contain a minimum of five units. There was no testimony at the Commission hearing except from the applicant, who emphasized the difficulty in bringing older properties into conformance with newer standards. He also mentioned that many cities require physical elements reports, which make recommendations on repair and rehabilitation for proposed conversions. This requirement has been added to the draft amendment. Environmental Review X NIA Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the Planning Commission recommendation for approval of the amendment, with the additional requirement for submittal of physical elements reports. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended approval of the amendment, which would allow conversions subject to case by case review. ATTACHMENTS ( listed Below ) 1. Background Report 2. Findings 3. Draft Amendments Resolution No. 4. Data on condo owner -occupancy 6. Proposed Exemption 5. Department comments 7. Applications A-200 (9 99) BACKGROUND REPORT 1. Existing Conditions The Land Use Code prohibits condominium conversions, which involve the subdivision of apartment rental properties into condominium units for sale. Conversions may but do not necessarily involve physical improvements or new amenities to improve the marketability of the units.. The ban on condominium conversions is supported by General Plan policy. The Planning Commission initiated the General Plan amendment process at the request of the applicant and emphasized the need for case by case review of conversion proposals to determine their benefit. The ban on condominium conversions has been in place since 1979, following a moratorium on both new condominiums as well as conversions. The City has never approved any condominium conversions. When adopting the prohibition, the City also enacted higher standards for both apartments and condominiums, as well as the requirement that condominiums contain at least five units. 2. Proposal The applicant is asking that the City remove the ban on condominium conversions. If this is approved, he intends to apply for the conversion of the 97 one -bedroom, Villa Real Apartments at 915 E. 4th Street. He has also stated interest in conversion of 160 to 200 more units in the City but has not mentioned any specific locations. No project is submitted for approval at this time. This Amendment may establish procedures and standards for conversions. Staff has drafted a possible Code amendment. 3. Analysis Ownership vs. Rental Issues Condominium conversions provide an opportunity for housing ownership and are typically proposed during tight housing markets, when new as well as resale homes and condominiums become too expensive for many, particularly first-time buyers. They also tend to occur when rents are highest and vacancies lowest. Converted apartments offer a relatively inexpensive source of for -sale housing. Mortgage payments may be no higher than rents for those who are able or willing to purchase converted units, as proponents of conversions have suggested. This, of course, is dependent on pricing as well as financing terms, i.e., interest rates and down payment requirements. Condominium conversions also offer profits to owners of apartment buildings, as values are increased when property is divided for sale, as long as housing prices and buyer demand remain high. For existing high quality rental properties, conversion can be achieved with minimal investment or cost. During less favorable market conditions, it may be difficult to quickly sell a converted complex, just as is the case for other housing. Since conditions constantly change, a conversion of a large complex might be phased, with some units remaining as rentals as others are sold. Even new condominium projects can have difficulty selling and instead may be rented. While conversions of apartments to condominiums offer benefits to potential homebuyers, they also diminish the availability of rental housing, as mentioned, and usually result in the displacement of some tenants. Not all renters have the necessary funds for a down payment or sufficient income or a satisfactory credit rating to qualify for a home loan. Nor do all renters plan on staying in a home long enough to justify purchasing. Students, military personnel, and elderly or disabled individuals may have less interest in purchasing. Other persons may not desire the maintenance responsibilities of home ownership. State law provides tenants certain rights when a conversion is proposed. These include advance notification, 60 days prior to the filing of a tentative subdivision map, notice of the approval of a final subdivision map for conversion, and 180 days notice of intent to convert prior to ending tenant occupancy of the unit. In addition, the State requires that tenants be offered an exclusive right to purchase his or her unit on the same or more favorable terms than will be offered to the general public. Relevant General Plan Policies and Programs The General Plan and Housing Element strongly encourage new opportunities for home ownership yet prohibit condominium conversions in order to maintain the supply of rental housing. These policies seem to directly counter each another, since the City is primarily built -out and has few vacant parcels for development, and conversions would offer a useful tool to increase the City's low 35% homeownership rate. The Housing Elementcontains no analysis of the need to prohibit conversions; however, the need to protect rental housing for the City's lower income population may seem obvious. Conversions were prohibited by the City before recent Housing Element requirements. The Planning Commission may consider how conversions could be permitted without adversely affecting the availability of rental housing, or how benefits from conversions may outweigh adverse effects. Assistance in this regard is provided in other Housing Element policies and programs. These call for conservation of specific affordable low income housing projects, including 614 units at the Granger Apartments, Inter City Manor and Plaza Manor (recently re -named Summer Crest Apartments). Housing Element programs also call for continued assistance involving the 300-unit Morgan and Kimball Towers, and the 76-unit TELACU complex. Other programs that affect rental housing quality and availability include CDC's Rental Rehab Program, and City efforts to rehab large complexes, such as Paseo del Sol on Q Avenue and Summer Crest Apartments. Accomplishments could be referenced to support or balance the effects from conversion of rental complexes. In addition, there is likely to remain a large amount of rental housing as many owners may choose to maintain rentals as income -producing investments or due to their value as income tax deductions. Sometimes these involve owner -occupancy of one unit. As mentioned, individual condominiums may also be purchased and rented. Related Issues There are several other issues related to condominium conversions besides the effect on ownership and rental housing opportunities. These include property values and City revenues, on -site management, Code enforcement, the need for upgrading or rehabilitation that may be needed for apartments to be converted, and design standards that should be applicable for a conversion. As previously mentioned, the value of an apartment complex can be expected to increase when converted to condominiums. In addition, property is newly appraised by the County Tax Assessor when it changes ownership. These will increase the City's property tax base and revenue. At the same time, no increases in costs to public services should result from conversions, as no new housing units would result. It is possible that costs would decrease, as the number of persons per owner -occupied unit could be less than a renter -occupied unit. Long-term, property values will depend on the quality of the housing unit and complex, and level of maintenance. Most apartments in the City were built in the 1960's, 70's and 80's. There are some newer complexes, such as the Bonita Valley Apartments and the Admiralty Apartments, that were built as condominiums and maintained as rental complexes. These would not be affected by conversion regulations. Many of the City's older rental units require rehabilitation. They may need new roofing and painting, and may lack adequate insulation for energy efficiency and to reduce sound transmission. Appliances likely need replacement. Landscaping and recreational facilities may be lacking. Market factors could require upgrading to attract buyers; however, this is not guaranteed. The Building Department has indicated conversions would not be required to be upgraded to meet current Code standards and has offered no recommendations. However, other cities typically require reports on property condition as an application requirement. These reports recommend needed changes to ensure a reasonable life expectancy and estimated costs for ongoing maintenance for Home Owners' Associations. Most older buildings also do not satisfy current Land Use Code standards for apartments. They have less parking, sometimes more units than allowed under current density limitations, provide less open space, and the apartment units may be too small. As mentioned, the City adopted standards for apartments and condominiums following a moratorium in 1979. The Planning Commission later initiated Code changes that increased the required minimum unit sizes for new apartments and added a larger minimum size of 1,000 square feet for new condominiums. Many potential conversions would likely not satisfy minimum standards for apartments, let alone the unit size for new condominiums If the Planning Commission finds this to be of concern, the concept of combining units could be encouraged. Another standard the Commission has expressed interest in is the minimum of five units in a condominium project. A possible concern with minimum size is the financial ability of a Home Owners' Association to maintain common areas and facilities. This information could be required of the applicant and reviewed on a case by case basis. Conformance of older buildings with Design Guidelines is also not generally expected. Some larger complexes are boxy and lack architectural detail. Consideration should be given to improvement of exterior architectural features and landscaping. Improvements to the appearance of older buildings, as well as necessary structural upgrading, would provide long-term aesthetic and economic benefit to the City. Management and maintenance are also important. These issues are directly addressed in the General Plan, Housing Element and Land Use Code. The Code requires on -site management of large rental complexes. Larger condominium complexes are typically managed by an off -site company, and in conjunction with the home owners' association, is responsible for maintenance of common areas and enforcement of CC&R's. It can be expected that some converted condominiums will be rented. This results in multiple landlords, and thus more complexity in Code enforcement work. (The attached data from the Housing Issues Report for the 1996 General Plan Revision Program shows owner -occupancy for condominiums.) Renters without on -site management can be expected to rely more on the City for help in addressing violations and problems with neighbors. Code enforcement problems should ideally not be greater in a converted condominium than in a new development. However, they may be, since the converted complexes are likely to not meet Code standards, as discussed above. There may be more competition over scarce parking spaces and greater problems if spaces are not maintained as required, for example. Smaller unit size and less open space may also result in more friction between neighbors in converted complexes. RECOMMENDED FINDINGS FOR APPROVAL The amendment to the General Plan, Housing Element and Land Use Code, which will remove the prohibition on condominium conversions, is in the public interest and consistent with General Plan policies, since it will provide increased opportunities for home -ownership at all income levels, and case by case review will permit the City to require necessary upgrading of the existing housing. The amendment will not affect the following findings made for certification of the Housing Element: 1. The updated Housing Element substantially complies with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels. 2. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Governments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. 3. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. 4. No City actions or policies prevent the development of the identified sites pursuant to California Government Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Governments. No governmental constraints have been identified that would limit construction on the properties affordable to all household income levels. POSSIBLE FINDING FOR DENIAL The requested amendment is not in the public interest and is inconsistent with General Plan and Housing Element objectives to maintain high quality, affordable rental housing. Furthermore, by displacing tenants, it may counter efforts for assistance to lower income households, as there is a scarcity of rental housing available to families assisted by Section 8 vouchers. AMENDMENT TO HOUSING ELEMENT POLICY 2.1 (Also repeated in General Plan text) Consider, on a case by case basis, the conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives in order to provide additional home ownership opportunities at all income levels. AMEND CHAPTER 18.74 OF THE LAND USE CODE AS FOLLOWS: Chapter 18.74 CONDOMINIUMS AND COMMUNITY APARTMENT PROJECTS 18.74.010 Compliance with apartment house regulations. New condominium and community apartment projects, not including condominium conversions, shall comply with all the zoning regulations applicable to apartment house projects. (Ord. 1503 § 1 (part), 1976: NCLUC § 976-5.01) 18.74.020 Condominium conversion. The conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives is not may be permitted if the following conditions are satisfied: A. A Conditional Use Permit is required pursuant to Chapter 18.116 and the following additional findings: al The proposal is consistent with Housing Element goals and objectives. 2l Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit. B. A conversion shall comply with requirements for tentative and final parcel and subdivision maps, as provided in Title 17(Subdivisions) of the Municipal Code. C. Requirements of the State Subdivision Map Act will be satisfied, specifically with regard to requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects. D. Physical elements reports. in At the time of submitting the Conditional Use Permit application required in subsection A, the applicant shall submit a report or reports on the status of the physical elements of the project including the condition and remaining useful life of building foundations and walls, roofs, electrical systems, plumbing systems, mechanical systems, recreational facilities, parking and other paved areas and drainage facilities. These reports shall be prepared by California licensed structural or civil engineers or private home inspectors and they shall include a detailed evaluation of the existing physical elements, a recommendation on their status including any necessary repairs or replacement, either immediate or in the future, and a certification of the findings. The reports shall also specifically address or include the following: • Measures that should be taken to improve sound attenuation between units (except for projects built after July 1, 1979 in compliance with the Building Code). • Structural pest report. • Building history report identifying the date of construction of all elements. • Characteristics of the building not in compliance with currently applicable building or housing codes, and with codes in effect at the time of construction. • The need for smoke detectors in individual units, as well as for other on - site fire protection systems maintained by the home owners association. j The Planning Commission, or City Council on appeal, shall review these reports to determine the need to repair or replace any existing physical elements as a condition of approving the proposed conversion. E. Any other materials required by the Planning Director to provide evidence in support of the above conditions shall be submitted before the Conditional Use Permit application is determined complete. . (Ord. 1712 § 23, 1980: Ord. 1614 § 20, 1978; Ord. 1503 § 1 (part), 1976: NCLUC § 976-5.02) 18.74.030 Condominium subdivision of commercial and industrial properties. Upon finding that such action will be consistent with the intent of this title, commercial and industrial condominium subdivision maps may be approved, subject to all provisions of Title 17. (Ord. 1712 § 24, 1980) (Ord. 1712 § 57, 1980) AMEND TITLE 17 (SUBDIVISIONS) AS FOLLOWS: Add the following to Section 17.04.010 (Form, Content and Accompanying Material) to Chapter 17.04 (Tentative Maps -Procedures): 32. If the tentative map is for a condominium conversion, the applicant shall provide evidence that applicable requirements of the State Subdivision Map Act (Government Code Section 66427.1) have been satisfied. The Director of Planning may require additional information, as needed to support required findings pursuant to Title 18 as well as Title 17 of the Municipal Code. Add Section 17.08.050 to Chapter 17.08 (Additional Requirements), to read as follows: 17.08.50 Condominium Conversions -Notices Any tentative or final parcel or subdivision map for a condominium conversion, as permitted pursuant to provisions of Title 18 (Land Use), shall comply with applicable requirements of the State Subdivision Map Act, in particular Government Code Section 66427.1. Table 31 OWNERSHIP OF CONDOMINIUMS AND NEWER SINGLE-FAMILY HOME SUBDIVISIONS Condominiums Name or location % owner - Year built # units Lot area # of units of development occupied per unit per acre Sold Projects: 1 Bonita Willow/Sweetwater Rd. 73% 1973-74 114 6274 6.9 2 1709-1749 E. 16th St. 60% 1978 22 3068 14.2 3 Kimball Willows/1127 D 88% 1978 17 1099 39.6 4 Fairway Views/Via Las Palmas 91% 1979-84 140 2139 20.4 5 Park Village/1213 E Ave. 90% 1979 32 3049 14.3 6 601 R Ave. 78% 1979 40 3103 14.0 7 225 26th St. 42% 1980 12 ' 2613 16.7 8 2320 Euclid Ave. 94% 1983 17 4509 9.7 9 Bella Bonita/Sweetwater Rd. 100% 1992-94** 14 6544 6.7 Subtotal 81"/0 408 3588 12.1 Units never sold: 10 The Admiralty/Palm View Way 0% 1981 50 1:1550 28.1 11 Park Bonita/Valley Rd. 0% 1987 184 1:2608 16.7 12 Villa Paraiso/540 V Ave. 0% 1989 21 1:3876 11.2 Subtotal 0% 255 1:2678 16.3 Totals N/A 663 1:3133 13.9 ** In the Bella Bonita project, 25 units have been built, 22 have received fmal inspection, and 14 are inhabited. Sales, final inspection and construction continue. Single -Family Subdivisions (built since 1970) Subdivision Location % Owner Year # of Average Median Lot Occupied Built Units Lot Size Size A Calle Delgado, Seawind Dr. 80% 1970 50 3149 3917 B Calmoor Street & Way 72% 1977 32 8502 7891 C Stancrest Ln., Orange, 14th St. 59% 1977 22 7473 6262 D Casa Place 55% 1978 11 8400 9085 E Sweetwater Rd., Calmoor Way 62% 1986 8 7313 7313 F Valley Rd., San Miguel Ct. 94% 1987 17 44533 43560 G Harbison Way & Pl., 93% 1987 42 8033 8033 H 1400-1600 Grove St. 100% 1988 5 6012 6012 I Peach Blossom St., Shell Ave. 86% 1988 14 8886 8886 J Morning Breeze Ln., 16th St. 92% 1990 14 5617 5617 Total 80% 215 9644 5735 11/1/02 NQY 0 12002 TO: Steve Ray, Principal Planner FROM: Ben Martinez, Acting CDC E cutive Director RE: Case File No: GP-2002-2, A-2002-3 regarding condominium conversions Although affordable homeownership is one of the CDC's highest priority objectives and the conversion of apartments to condominiums represents an effective method to achieve this objective, CDC staff feels the issue should be discussed at length amongst City Departments, the CDC and the general community before Planning Commission and City Council discussion and consideration. We offer the following comments at this time: The conversion of one -bedroom apartments to condominiums in light of National City's need for affordable family housing (2-4+ bedrooms) needs to be addressed. For these types of conversions, perhaps conditions should be placed on the developer to require a unit mix of bedrooms. ® The issue of managing rental housing versus ownership housing. Enforceable supervision and maintenance conditions as part of a conversion application should be discussed. ® There are cases where an apartment unit in National City is better left alone and there are cases where conversion could prove beneficial. For example, a dilapidated, poorly managed apartment is better off being converted because, most likely, the new homeowner will be more concerned with the appearance and condition of their home and the developer will, most likely, be required to upgrade the apartment before selling it. On the other hand, an apartment in unit National City in good condition and with proper management is better left alone because it is providing quality, affordable rental housing and is not a burden on community resources. The conversion of that unit necessarily means the displacement of a family. Where do they go? ® (Similar to above) The issue of the loss of affordable and perhaps National City's better quality rental housing stock. This could displace many households that cannot afford to buy a home. ® The potential adverse impact to the CDC's Section 8 Program. There is already a dearth of rental housing in the City and Section 8 applicants are having difficulty finding rental housing. • HUD has a Section 8 rental to ownership housing program that could possibly be utilized with apartment to condominium conversions. From: Kathleen Trees Sent: Wednesday, November 20, 2002 11:56 AM To: Steve Ray Subject: RE: Request for comment on condo conversion amendment Yes, I read it. We don't have any issues. It does not require the building to be brought up to code. Original Message ---- From: Steve Ray Sent: Wednesday, November 20, 2002 11:51 AM To: Kathleen Trees Subject: Request for comment on condo conversion amendment Hi Kathleen, Have you had a chance to review the request for comment? The amendment has been set for Planning Commission hearing Dec. 2. -- Steve \ ,,, City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336=4310 ROGER G. POST - DIRECTOR L 3 C 2002 u4 October 28, 2002 0NALCITY i.T IEN'T TO: Kathleen Trees, Director of Building and Safety ,-Fire Department, Attn: Jeff Burris FROM: Steve Ray, Principal Planner SUBJECT: Case File No: GP-2002-2, A-2002-3 regarding condominium conversions This Amendment to the General Plan and Municipal Code has been submitted for Planning Commission and City Council consideration. It requests that the City allow condominium conversions. The Housing Element of the General Plan, as well as the Land Use Code, prohibit conversion of apartments to condominiums. If the City approves the requested amendment, the applicant intends to convert the 97 one - bedroom, Villa Real Apartments at 915 E. 4th Street. He has also interest in the potential conversion of 160 more units in the City. The interest of others in converting units here is not known. It is understood that apartments are currently built to the same Building Code standards whether intended as condominiums for sale or as rental housing. However, it would be useful to know if older apartments would typically need upgrading to satisfy newer standards. It would assist the Planning Commission and Council to know if this may be a concern for potential conversions in National City and whether or not the Building Code may address this issue. Please submit your comments or recommendations on the proposed Amendment by November 5, 2001, if possible. If you need additional time to compile information you would like considered, please let me know. It is very important that your comments alert us to any aspects of the proposal which affect regulations or programs that your department administers. If you have no comments regarding the proposal, please check and sign below, and return this notice. If you have any questions, please contact me at 336-4319. Thank you. Attachments: Land Use Code Chapter 18.74 Housing Element Policy 2.1 General Plan text -Housing Conservation Policy H Applications No comments ® Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: GP-2002-2, A-2002-3 Project Location: City-wide, National City Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendments to the General Plan and Municipal Code to allow for condominium conversions. Applicant Name and Address: Westone Management Consultants 294 Chambers Street, Suite 44 El Cajon, CA 92020 Telephone Number: (619) 588-4593 Exempt Status: n Statutory Exemption. (State type and Section No., if applicable) n Categorical Exemption. Class _, Section (Definition) E. Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The General Plan and Code Amendments would remove the ban on condominium conversions. This would allow for ownership of individual apartment units rather than result in new construction. The need for environmental review for specific conversions would be assessed on a case by case basis, through the application process for Tentative Maps and possibly additional discretionary permits. Physical changes may be associated with upgrading existing properties to facilitate the conversions. In most cases, it is anticipated that such changes would also be exempt from environmental review, as they would result in no or negligible expansion of use. Date: STEVEN G. RAY Principal Planner ® Recycled Paper \\\\\\%u HIM* NATIONAL CITY, CALIFORNIA GENERAL PLAN AMENDMENT Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number G` — 2002-- Filing Fee $ O Receipt No. S� 1�)S�� Date Received IDl1OilaL. By OAKI`ZtA. E.A.F. Required 15iL6PT Fee $ Related Cases P`— ZOO L.' 3 A SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE LVFORMATION. FILING FEE IS 82, 000 PLUS RELATED APPLICATION FEES. . I/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City General Plan land use designation and Change of Zone on the following real property: FROM ''22// '®� (Applicant must furnish an Assessor's page obtainable from County Assessor's Office or a plat prepared by a title company, a licensed engineer or land surveyor showing exact boundaries of the subject property). THE Thi hange reing requested for the f` llo . �r eason ) (a acr additio . heets if necessary). i General Plan Amendment Application Revised August, 2002 Page 1 of 2 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if neces Name: J. G--�2 Signatur (S.gature acknowledges tfiat this application is being filed) -e--94/0 Signature (Signature acknowledges that this application is being filed) . —1 / Phone No. /q 2=3 "`"fa Phone No. Fax No, 4'q - q34— Fax No. D'0 4 12elv �j Z-Date: APPLI Name - (Please type Signature: Addre /4/U/y/YEArr (Signature certifies thhe information submitted with this application is true and accurate to the best of the applicant's knowledge). Phone No. �® Fax No.( 4-6q General Plan Amendment Application Revised August, 2002 Page 2 of 2 tF �'Q\U\111num n I I II llll(�1��� NATIONAL CITY, 'CALIFORNIA CODE AMENDMENT Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number A - 3 Filing Fee $ l, boo Receipt((}No. S-1 S 3�1 Date Received tD,t0,tcoZ By IAA. ' E.A.F. Required Eye-griFee $ N 1,4 Related Cases GP 2-00--3 SEE CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. THE FILING FEE IS $1,600 PLUS RELATED APPLICATION FEES. I/We hereby request the National City Planning Commission to set a public hearing to consider an amendment to the National City Municipal Code. This change is being requested for the following reason(s) (Attach additional sheets or refer to separate letter, if necessary or convenient). Code Amendment Application Revised August, 2002 Page 1 of 2 `5b_ PROPERTY OWNER(S) seeking the change in regulations: (Attached extra sheets if necessary). Name: D4AJ �1�s2R/ Name: Signae Signature (Signature acknowle ges that this (Signature acknowledges that this application is being filed) application is being filed) Address/ d s: Phone No 9 �j 2 4. 6 4,4 c/Phone No. Fax No. 6/9 23q g9:34. Fax No. Date: APPLIC ' •T AGENT FOR POPE' TY OWNER(S): (Please types print) Addres (Signature cerfifieat the information submitted with this. application is true and accurate to the best of the applicant's knowledge). dt4cCbo C %(!) 2� Phone No/9 ' 5 d • Fax No. COrd) < / Date Code Amendment Application Revised August, 2002 Page 2 of 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEDecember 17, 2002 6 AGENDA ITEM NO. ITEM TITLE Resolution accepting the lowest responsive, responsible bid from Adamson Industries, and authorizing award of bid #GS0203-1 for Body Armor for the Police Department. PREPARED BY DEPARTMENT Brenda E. Hodges (619)336-4570 Purchasing EXPLANATION A 'Request for Bid' was issued for body armor (protective bullet proof vests) for the Police Department. Bids were mailed to six (6) vendors, netting four (4) responses. Bids were opened and read publicly on December 6, 2002 with two (2) vendors present for the opening. Quantities specified in the bid were based upon the Police Department's estimated needs of 15 vests and 5 extra covers. The .award value is based on those estimated quantities, however the department may actually buy more, as needed, contingent upon budget availability at the end of the year The award would be in the total amount of $14,998.42, which is under the formal bid limit requiring council award, but since it is an estimated amount and may ultimately exceed the bid limit, council award is requested f Environmental Review . N/A Financial Statement FY0203 funds are available. Approved By: 001-411-000-318-0000 AccountNo. STAFF RECOMMENDATION The Purchasing Agent recommends that the award be made as recommended, and that authority be given to the Purchasing Agent to issue resulting purchas order. BOARD / CO n/a SSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Bid Abstract Resolution 2002-181 Resolution No. A-200 (9 99( RESOLUTION NO. 2002 —181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST RESPONSIVE, RESPONSIBLE BID FROM ADAMSON INDUSTRIES, AND AUTHORIZING AWARD OF BID GS0203-1 FOR BODY ARMOR FOR THE POLICE DEPARTMENT WHEREAS, the Purchasing Department of the City of National City did, in open session on December 6, 2002, publicly open, examine and declare all sealed bids for body armor for the Police Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for body armor to the lowest responsive, responsible bidder, to wit: ADAMSON INDUSTRIES BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the Purchasing Agent to execute on behalf of the City a purchase order between Adamson Industries and the City of National City for body armor for the Police Department. PASSED and ADOPTED this 17th day of December, 2002. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID ABSTRACT/ANALYSIS 12/6/2002 (A) (B) (C) (D) (E) (F) (G) (H) 1% LOCAL ACTUAL UNIT PRICE UNIT PRICE PRODUCT TAX PAYMENT 7.75% PURCHASE VESTS COVERS SUBTOTAL ADJUST. TERMS TAX PRICE BIDDER: (Qty 15) (Qty 5) (B*15 +C*5) (D*.01) (D-%) (D*.0775) (D+E+F+G) Adamson Ind. $911.31 $50.00 $13,919.65 $0.00 $0.00 $1,078.77 $14,998.42 Costa Mesa, Ca. Net 30 Ron Macy & Assoc. $994.33 $54.50 $15,187.45 $0.00 $0.00 $1,177.03 $16,364.48 Murrieta Ca. Net 30 Greenwood's Uniforms $1,200.00 $80.00 $18,400.00 $0.00 $0.00 $1,426.00 $19,826.00 San Bernardino, Ca. Net 30 Quartermaster No Bid Cerritos, Ca. Uniforms, Inc. No Response Los Angeles, Ca. All State Police Equip. No Response Claremont, Ca. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December_ 17: 2002 7 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTURUCTRE PETROLEUM FOR THE INSTALLATION OF THREE GROUND WATER MONITORING WELLS AT 1605 EAST 4th STREET AND NATIONAL CITY PROPERTY PREPARED BY EXPLANATION James Slade 336-4580 DEPARTMENT Public Works/Engineering Restructure Petroleum, the owners of the former EZ Serve property, located at 1605 East 4th Street, and ATC Associates are seeking an encroachment agreement to install three (3) groundwater monitoring wells within the Public right-of-way on 4th Street east of Palm Avenue and Palm Avenue north of 4t Street. The wells are needed to monitor for the potential presence of total recoverable petroleum hydrocarbon (TRPH) and minimize the impact on soil and groundwater. Monitoring is required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The installation and well monitoring shall be performed by ATC Associates Inc. The proposed monitoring wells will be constructed of four inch PVC schedule 40 pipe casing placed within a sand filter, bentonite grout and cement seal within a ten inch diameter boring. The total well depth will be 115 and 155 feet respectively. Flush traffic rated water resistant vaults with locking expansion plugs will be installed to cap monitoring wells. A Faithful Performance Bond in the amount of $2,000 has been posted with the City of National City as a security for prompt completion of well drilling installation, removal abandonment and all appurtenant operations including subsequent street resurfacing, restriping and any required well head adjustment. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATIO of Approved By: Finance Director Account No. Approve the Resolution a d oriz e recordation of an encroachment agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below 2002-182 � 1 Resolution No. 1. Resolution L` ___ Encroachment Agreement A-200 (9.991 RESOLUTION NO. 2002 —182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTRUCTURE PETROLEUM FOR INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 1605 EAST 4TH STREET AND NATIONAL CITY PROPERTY WHEREAS, on December 17, 2002, the matter of an encroachment permit was presented to the City Council by the applicant Restructure Petroleum for the installation of three groundwater monitoring wells within the public right-of-way on 1605 East 4th Street, east of Palm Avenue and Palm Avenue north of 4th Street; and WHEREAS, the installation and well monitoring will be performed by ATC Associates, Inc.; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the owner and the applicant have executed an Encroachment Agreement with the City of National City agreeing to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement," executed by Restructure Petroleum and ATC Associates, and directs the City Clerk to record the same. PASSED and ADOPTED this 17th day of December, 2002. ATTEST: Michael R. DaIla, City Clerk APPROVED AS TO FORM: 1-00 George H. Eiser, Ill City Attorney Nick Inzunza, Mayor FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure shown in Exhibit "C" within a CITY easement or right-of-way as shown in Exhibit "B" for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY' s easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY' s easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon notification by the City, adjust, or cause to adjust the top of the well on bet,ow if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the well ons �et,ovo prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well ons' is ws and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety. of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in writting at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The peiniittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. NOTES 3E ywv\1 _ \\ vv 1\ t_ 3� zvs-� JE yv w o Cz PQ� wiw 3 \ v i e. L 3 c 1 n's'C�. 9_LEl� _ C= cm Cr! s`T 9--( FaRw CZ-S -v , (oo?81 , t6,0.r EAsr L-!"k S"TtoFC'(—, 1\3A,-c�p+a0rt- c-cri CAL1roAto(A QUESTIONS 1) What is the time of completion of drilling and well construction? DSCE oa.n- 1012001.. 2) What is the time required to install each well? APPROArAgct.1 y 3) How long will the wells atay in the street? uu�'� r' - ,.000'y or s P� O\Etas QEpmerw.E"T of Cosimoo t�Swra6 ( A L-rM (pco) NO LONER i4E aufvctA4 tt#wCus 4) How long will the abandonment of the wells be? (time frame) Z. am 3 hours 5) How often is the monitoring and sampling of the wells? 5'r -1 [4u A -. 6) How long does it take to purge and sample each well? AP?tWxkwuc t,--t I Howe- 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? -rHE o� o 8) Who will be responsible for top of well adjustment? -recE. 8w a iR- o c -r ttC w EA-`— PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED OWNERIAPPLICANb C vnMS R. Ossu R*-) (Z. Printed Name & Signature Dated: 0Gt52 71, zoin, C.WeAS Person in Responsible Charge (print name) $S$ • 232 . 4 s714 24 hr. Phone Number PM.. A, 5s oG \ ^-cES 'I C.. Firm Name QIo2ZD GtfEsAPEAKC ��• suiT2 2o3 S Po-) AA6d,0 , G A. 4 21Z3 Mailing Address Sgt - GliA-o(flq2- Phone Number P.S. Attach notary certification for the name shown Above. Use California All Purpose Acknowledgement Notary only. SA:jha2 encho STATE OF CALIFO A COUNTY OF ALL PURPOSE ACKNOWLEDGEMENT ttb • } } SS. On lJe,/l[.r ,, tOOL before me, 0.1h111 L iti6 4icks personally appeared viS Del ni /personally known to me (or proved to me on the basis of satisfactory evidence) to be the persorlia1 whose name,(! islare'subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfherttheir authorized capacity(ies), and that by hisfk►erAheir.-signaturejs%n the instrument the personizrOr the entity upon behalf of which the personl,s acted, executed the instrument. WITNESS my hand and official seal. CHERYL LYNNE NIQK$ commission I 1370E37 Notary Public- Canton* San Diego County *Canin.Expires AugIL (This area for official notarial seal( 4/94 Ree.Foam Rill1 Nov-14-02 11:52A P.Di PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY .AND SEWER AND/OE DRAINAGE FACILITTPS-: Dated: 1l 7 3i 0 • Person in Responsible Charge (print name) V1.3 - .-C —fill KF i�3 24 hr_ Phone Number P07s -- C A— SEE EXHIBIT "I" ATTACHED OWNER\APP i CANT FiEnt Name Printed Name & Signatnte "y" r'A =3 3 zq oy Mailing Address Phone Number P.S. Attach notary certification for the name shown above. California Ali Puxpose Acknowledgement Notary only. SA; jha2 encho STATE OF Florida COUNTY OF Hillsborough The foregoing instrument was acknowledged before me this 20th day of November, 2002 by Felix N. Oliu, who is personally know, f to m . M. Newman, Notary Public Jean M. Newman Commission # 00 838047 = Expires Jul 26,2003 i Bonded Thru ` Atlantic Bonding Co., Ina. Use EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Site Address: 1605 East 4th Street, National City, California Assessors Parcel Number: 554-050-19-00 Legal Description: Northerly 100 feet of southerly 140 feet and easterly 150 feet of westerly corner, section 130, lot 1, Map 166 ( San Diego County Assessors and Recorders Office) EXHIBIT "B" LOCATION PLAT MAP M -11 MW-9 0 15 30 60 120 APPROX. SCALE 1'=60' PALM AVENUE NATIONAL GUARD ARMORY GATE r ` MW�3 ' MW-5 MW-40 ARMORY PARKING LOT RETAIL STORE (FORMER E-Z SERVE NO. 1000781) PARKING LOT MW-1A ®ASNE-1 M W-1 MW-2 ItASNE-2 APROXIMATE LOCATION OF FORMER DISPENSER ISLANDS f MW (City of National City Property) APROXIMATE LOCATION OF FORMER UNDERGROUND STORGE TANKS A�Ea MW-7 MW-14 S/D 0 GRAINGER MUSIC HALL (City of National City Property) LEGEND e MW-2 GROUNDWATER MONITOR WELL ASNE-1 VAPOR EXTRACTION / AIR SPARGE WELL 40- MW-11 PROPOSED GROUNDWATER MONITOR WELL PLANTER PROPERTY LINE --0— FENCE LINE MW-10S M W-10D FOURTH STREET MW-12 IaW-14 VICTORS RESTAURANT Lu z W 0 M W-8 0 PROPOSED GROUNDWATER MONITOR WELL (MW11,MW12,MW1.3,MW14SAND MW14D) LOCATION MAP FORMER E-Z SERVE LOCATION No. 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0002 FIGURE 5 FILE NO. h:projects/erserve/100781/fig5 (WPN2) 9620 Chesapeake Drive,Suite 203 San Diego, Califomia 92123 ASSOCIATES INC. EXHIBIT "C" PROPOSED GROUNDWATER MONITOR WELL CONSTRUCTION DETAILS DEPTH BELOW GROUND SURFACE (FOOT) 1 3' 10-INCH DIAMETER DRILLED BORING 81' 84' 85' 115' If Or/ el ffA GROUND SURFACE * +*+* *+*+ + * * * • + *+* T * MINMEM a * * +' + + + WATERPROOF VAULT, TRAFFIC RATED 4-INCH LOCKING EXPANSION PLUG CEMENT/BENTOITE SLURRY, 81 FEET 4-INCH SCHEDULE 40 PVC,BLANK CASING, 85 FEET * * * ++*_--+ +**+++ + h + # + h h + * + + + • + 4• +T + T+* t # * ** NOT TO SCALE BENTONITE PELLET SEAL 3 FEET 4-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN, 30 FEET ESTIMATED DEPTH TO GROUNDWATER -95 FEET FILTER SAND, NO.3 MONTEREY OR EQUIVALENT, 31 FEET 4-INCH PVC END PLUG ESTIMATED TOTAL DEPTH, 115 FEET PROPOSED GROUNDWATER MONITOR WELL (MW-11, MW-12, MW-13 AND MW-14S) CONSTRUCTION DETAIL FORMER E-Z SERVE LOCATION No. 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0002 FIGURE 6 FILE NO. h:projecLs/erserve1100781 /fig6(W PN2) ASSOCIATES INC. TC 9620 Chesapeake CIive,Site 203 San Diego. Caffomia 52123 DBP I H BELOW GROUND SURFACE (FEET) - NOT TO SCALE 3 10-INCH DIAMETER. DRILLED BORING 146 149 150 // 'i // // // - + +*+ + +++ ++ + + + /i / GROUND SURFACE /-E. TRAFFIC RATED, WATER- RESISTANT VAULT CONCRETE SEAL LOCKING EXPANSION PLUG 4-INCH SCHEDULE 40 PVC, BLANK CASING BENTONITE GROUT SFAI HYDRATED BENTONITE SFOI 4-INCH SCHEDULE 80 PVC, 0.020-INCH SLOT SCREEN i FILTER SAND N0.3R + MONTEREY OR EQUIVALENT + 155 PROPOSED GROUNDWATER MONITOR WELL (MW-14D) CONSTRUCTION DETAIL FORMER E-Z SERVE LOCATION No. 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA FIGURE 7 9620 Chesapeake Ohre Suite 203 San Diego, Caf6omie 92123 DEPTH BELOW GROUND SURFACE GROUND SURFACE (FOOT) 3 r PRE EXISTING WELL MATERIALS 90'/MW3 92'/MW-7 100'/MW3 102'/MW-7 110' / MW-3 117/MW-7 NOT TO SCALE 1-INCH SCHEDULE 40 PVC,BLANK CASING, 90 FEET / MW3, 92 FEET / MW-7 STING WELL 1-INCH DIAMETER, STAINLESS STEEL, 0.020-INCH SLOT SCREEN, 20 FEET PROPOSED MONITOR WELL (MW-3 AND MW-7) CONSTRUCTION DETAIL FORMER E-Z SERVE LOCATION No. 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0002 FIGURE 4 FILE NO. h: p rojects/erservel100781 /fi g4(W P N2) TC ASSOCIATES INC. 9620 Chesapeake Dive,S ite 203 San Diego, California 92123 TRAFFIC CONTROL PLANS FOURTH STREET (EXHIBIT A) PALM AVENUE (EXHIBIT B) -cT VACANT GASOLINE STATION 200' -{ C-13 W-74 1—R-18(RT) 250' 250• - 1 C-12 LIQUOR STORE 250' • • R- 8(RT) C-13 T 3nN3AV wlVd PALM AVENUE 1 C-13 FORMER E-Z LOCATION No.100781 R-34 • • I • C-12 200' 1. C-18 25' 40' • 4TH STREET VICTORS RESTAURANT TEMPORARY "NO PARKING" AREA • 250 —I C-18 I. NOT TO SCALE (— C-13 250 —I POSTED SPEED LIMIT : 35 MPH LEGEND: • CONE I- SIGN 'l+ PROPOSED FLASHING ARROW BOARD ®_ (CHEVRON MODE) WORK AREA Q5 PROPOSED MONITOR WELL -�- TRAFFIC DIRECTOIN APPROACH SPEED : 35 MPH TAPER LENGTH : TRAFFIC CONTROL PLAN FORMER E-Z SERVE LOCATION No. 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA <245' DUE TO INTERSECTION PROJECT NO. 43.25827.0002-01 SPACING OF CONES : 35' MAXIMUM EXHIBIT A FILE NO. h:projectsterserve/100781/figXY2 SIGN SPACING : T 250' MINIMUM C9620 Chesapeake Drive,Suite 203 San Diego, California 92123 ASS(aCIATES INC. LIQUOR STORE C-13 C-18 T PALM AVENUE F- C-18 C-12 VICTORS RESTAURANT C-13 T • • • 133b1S Hlti 133a1S HIP 1 C-13 VACANT GASOLINE STATION • SR-45 • • MW- • • • TEMPARARY "NO PARKING' ZONE • T 1' • • • • • PALM AVENUE • • 45• • —I C-12 • • .M-05 I- 12 I TEMPARARY "NO PARKING" ZONE 1 1 C-18 FORMER E-Z LOCATION No.100781 202' —I C-12 .I C-B I— p w NOT TO SCALE POSTED SPEED LIMIT : 35 MPH LEGEND: • CONE 11I11 SIGN Tr PROPOSED APPROACH SPEED : 35 MPH TAPER LENGTH : 250' MINIMUM SPACING OF CONES : 35' MAXIMUM SIGN SPACING : 250' MINIMUM FLASHING ARROW BOARD • (CHEVRON MODE) 1 WORK AREA PROPOSED MONITOR WELL - - TRAFFIC DIRECTOIN TRAFFIC CONTROL PLAN FORMER E-Z SERVE LOCATION No, 100781 1605 EAST 4TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0002-01 EXHIBIT B FILE NO. h: projects/erserve/100781 /figXY3 ASSOCIATES INC, 9620 Chesapeake Drive,Suite 203 San Diego, California 92123 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 17, 2002 8 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING A 5-YEAR LICENSE AGREEMENT FOR THE\ BAYSHORE BIKEWAY WITH SAN DIEGO GAS & ELECTRIC PREPARED BY Rhonda Darling DEPARTMENT Public Works/Engineering 336-4380 EXPLANATION On March 4, 1997, the Council approved a five-year license agreement allowing the City of National City to lease a 1,000 foot right-of-way segment of the Bayshore Bikeway in National City from San Diego Gas & Electric, located in the vicinity of the new Marina. Since the Port District property could not accommodate the bikeway, the only alternative was to utilize the adjacent San Diego Gas & Electric right-of-way. All rights -of -way for the Bikeway from Coronado to San Diego had been secured except for this one link. It was anticipated that a permanent solution to the right-of-way would occur during the original five-year lease. However, the lease has now expired, and the Marina development has not occurred as rapidly as anticipated, so San Diego Gas & Electric is requesting that the City renew their lease for an additional 5-year term. As soon as plans are received for the new marina, the City will work with the Port District to include the Bikeway on the Marina parcel. The final phase of the dredging work will be awarded by the Port on October 30, 2002. Per our agreement with the Port, once the operator is selected, the dredging is completed and plans are accepted, then the City will have input as to the placement of the permanent 1,000-foot right-of-way segment. As stated in Paragraph 9 of the license agreement, we may terminate this license for any reason, at any time, by providing 60 days written notice. Environmental Review X N/A Financial Statement A fee of $2,400 per year is required by San Diego Gas & Electric, with an annual adjust By` JW consumer price index increases, ' any. Funds are available through Account No. 001-422-221-290. The City will be responsible for o goig m. to ance. Account No. STAFF RECOMMENDATION Approve the Resolution and uthorize the Director of Public Works/Engineering to sign the lease. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ('Listed Below ) 1. Resolution 2. First Amendment to License 3. Copy of Resolution No. 97-27 Resolution 2002-183 A OO 99) RESOLUTION NO. 2002 —183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE FIVE-YEAR LICENSE AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC AND THE CITY OF NATIONAL CITY FOR THE BAYSHORE BIKEWAY WHEREAS, San Diego Gas & Electric (hereinafter "SDG&E") and the City of National City entered into a license agreement on March 4, 1997; and WHEREAS, the term of five (5) years, as set forth in paragraph 3 of the License, expired on March 31, 2002; and WHEREAS, pursuant to paragraph 5 of the License, the City desires to exercise its option to extend the term of the license for an additional five (5) years beginning April 1, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a First Amendment to the 1997 License Agreement with SDG&E for the Bayshore Bikeway. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 17th day of December, 2002. Nick Inzunza, Mayor ATTEST: Michael R. Della, "City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney FIRST AMENDMENT TO LICENSE THIS FIRST AMENDMENT TO LICENSE is made entered into effective April 1, 2002, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation, hereinafter "Licensor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Licensee," concerning the following facts: Whereas, Licensor and Licensee entered into a License on March 4, 1997 (the "License"); and Whereas, the term of five (5) years set forth in Paragraph 3 of the License expired March 31, 2002; and Whereas, pursuant to paragraph 5 of the License, Licensee exercised its option to extend the term of the license for an additional five (5) years beginning April 1, 2002; and Whereas, Licensor and Licensee wish to amend the License as set forth herein. Therefore, Licensor and Licensee agree as follows: 1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree to amend the License in the following particulars only. 2. The term of the License is extended for five (5) years beginning April 1, 2002, and ending March 31, 2007. 3. The base annual consideration commencing April 1, 2002, shall be Two Thousand Four Hundred Dollars ($2,400.00), payable annually on April first of each year for the balance of the term of the License, provided that beginning April 1, 2002 the annual consideration shall be increased by an amount equal to the Consumer Price Index as set forth and described in paragraph 1 of Exhibit "B" to the License. 4. effect. In all other respects the terms and provisions of the License remain in full force and In witness whereof, Licensor and Licensee have executed this First Amendment to License effective as of April 1, 2002. San Diego Gas & Electric Company City Of National City A California Corporation A Municipal Corporation By: By: Rand Wassem Burt Myers Manager, Corporate Real Estate Public Works Director National City Amendment.doc -1- FIRST AMENDMENT TO LICENSE THIS FIRST AMENDMENT TO LICENSE is made entered into effective April 1, 2002, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California Corporation, hereinafter "Licensor," and the CITY OF NATIONAL CITY, a municipal corporation, hereinafter "Licensee," concerning the following facts: Whereas, Licensor and Licensee entered into a License on March 4, 1997 (the "License"); and Whereas, the term of five (5) years set forth in Paragraph 3 of the License expired March 31, 2002; and Whereas, pursuant to paragraph 5 of the License, Licensee exercised its option to extend the term of the license for an additional five (5) years beginning April 1, 2002; and Whereas, Licensor and Licensee wish to amend the License as set forth herein. Therefore, Licensor and Licensee agree as follows: 1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree to amend the License in the following particulars only. 2. The term of the License is extended for five (5) years beginning April 1, 2002, and ending March 31, 2007. 3. The base annual consideration commencing April 1, 2002, shall be Two Thousand Four Hundred Dollars ($2,400.00), payable annually on April first of each year for the balance of the term of the License, provided that beginning April 1, 2002 the annual consideration shall be increased by an amount equal to the Consumer Price Index as set forth and described in paragraph 1 of Exhibit "B" to the License. 4. effect. In all other respects the terms and provisions of the License remain in full force and In witness whereof, Licensor and Licensee have executed this First Amendment to License effective as of April 1, 2002. San Diego Gas & Electric Company City Of National City A California Corporation A Municipal Corporation By: By: Rand Wassem Burt Myers Manager, Corporate Real Estate Public Works Director National City Amendment.doc -1- C sCG MEET& C City of UNCOL C DATE March 4, 1997 tinM Mil PREP k t Y EXPL NATa• N cit®onc& Cary, C Monti GE DA STATEMENT 2 GNAITMNO. RESOLUTION APPROVING A LICENSE AGREEMENT FOR THE BAYSHORE BIKEWAY WITH SDG&E Paul Desrochers Executive Directo EP , RTNENT COMMUNITY DEVELOPMENT COMMISSION (CDC) All rights -of -way for the Bayshore Bikeway from Coronado to San Diego have been secured except for one link in National City. That segment consists of approximately 1,000 feet in the vicinity of the new Marina. The dredging plans on file confirm that the Port District property cannot accommodate the bikeway. The only alternative is to utilize the adjacent SDG&E right-of-way. To do this, a License Agreement must be executed. The license is for five (5) years, and it is anticipated that a permanent solution to the right-of-way will come about during this period. SANDAG is the coordinator of the bikeway. Councilman Ralph Inzunza has been the City's representative for the project along with City Engineering staff. CALTRANS will fund the project and must have assurance that the right-of-way is available prior to construction. Envar onmen B ReWeve X N/ Financial Statement A fee of $2,000 per year is required by SDG&E. The City will be responsible for on -going maintenance. ccatint STAFF RC Ca+MALMO T&Oaf Approve resolution. BOARD /C0i ';I1SSiON COM ET DATE N/A AN TA HNEWTC' (?..f;ted License Agreement 97-27 bikeway .200 A?p0 (,e,. i/00) RESOLUTION NO. 9 7 - 2 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A LICENSE AGREEMENT FOR THE BAYSHORE BIKEWAY WITH SAN DIEGO GAS & ELECTRIC (SDG&E) WHEREAS, the City of National City has agreed to participate with SANDAG in the development of a regional bicycle route around San Diego Bay, called the "Bayshore Bikeway"; and WHEREAS, the route has been secured from all member cities except for a portion of the right-of-way in National City; and WHEREAS, the only alternative to complete the National City portion of the bikeway is for the City to enter into a License Agreement with SDG&E for a five- year period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the License Agreement for the Bayshore Bikeway with San Diego Gas & Electric is hereby approved. Said License Agreement is on file in the Office of the City Clerk. PASSED and ADOP I'ED this 4th day of March, 1997. George H. Waters, Mayor ATTEST: 4 Michael R. DallCity Clerk APPROVED AS TO FORM: / 3 George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 4, 1997, by the following vote, to -wit: Ayes: Council Members Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: Council Member Beauchamp. AUTHENTICATED BY: dtv= GEORGE H. WATERS Mayor of the City of National City, California t' Clerk of the ( ity of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 97-27 of the City of National City, California, passed and adopted by the Council of said City on March 4, 1997. City Clerk of the City of National City, California By: Deputy ORtGlNAL LICENSE THIS License, made and entered into as of this 4th day of March , 19 97 , by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation, hereinafter called "LICENSOR," and the CITY OF NATIONAL CITY, a Municipal corporation, hereinafter called "LICENSEE." In exchange for the payment of consideration by LICENSEE, and performance of the conditions and covenants herein contained, LICENSOR hereby extends a license to LICENSEE to use LICENSOR'S real property as follows: 1. Licensed Premises: The real property which is the subject of this License (hereinafter called "Licensed Premises"), is located at County of San Diego, State of California, as further set forth on Exhibit "A", attached hereto and incorporated herein by reference. 2 Standard License Provisions: In addition to the terms set forth in this License, LICENSEE agrees to comply with, and be bound by, the Standard License Provisions set forth in Exhibit "B", attached hereto and incorporated herein by reference. 3. Term of License: This License shall be for a term of five (5) year(s) commencing on April 1, 1997, and terminating at midnight on March 31, 2002, unless sooner revoked or terminated as herein provided. 4. Consideration for License: LICENSEE shall pay to LICENSOR as the first year's consideration, without deduction, set-off, prior notice, or demand the sum of $2,000.00. This sum shall be referred to as the "base annual consideration." This base annual consideration shall be subject to adjustment in determining the annual consideration for this License for the years following the first year of this License, if any, as set forth in Paragraph 6 below. The base annual consideration, and all consideration for each subsequent years, shall be payable in advance commencing on April 1, 1997, and thereafter on or before the first day of April, of each succeeding year through the term of this License. 5. Extension: LICENSOR grants to LICENSEE an option to extend this License for five (5) year(s) after the expiration of the original term hereof. LICENSEE may exercise this option by giving written notice to LICENSOR at least ninety (90) days prior to the expiration of this License. If this option is exercised, all terms and conditions of this License shall remain the same with the exception of the base annual consideration. The base annual consideration will be renegotiated to the mutual satisfaction of each party prior to the termination of the original term. 6 Payment Review: On each annual anniversary date of the commencement of this License during the term of this License, the base annual consideration then due and owing shall be increased based on the formula set forth in Paragraph 1 of Exhibit "B". 7. Use of Premises: This License is non-exclusive, personal to the LICENSEE, cannot be assigned and isvalid for the following uses only: A twelve (12) foot wide bike path with four (4) foot high chain -link fence and gates, as shown on the attached Exhibit "A" drawings, sheets 1 and 2. 8. Surfacing: As additional consideration for this License, LICENSEE agrees at its own expense: (a) to pave the surface of the area to be used for the bike path, if required by LICENSOR, to LICENSOR'S specifications; (b) to maintain the paving in good condition, reasonable wear and tear excepted, during the term of this License, including any renewals; (c) to paint, stripe, or provide barricades so as to promote safety and the orderly flow of bicycles along said bike path; (d) to construct and maintain fences as required by LICENSOR to LICENSOR'S specifications; and (e) to submit in writing for LICENSOR'S approval prior to construction a general plan showing the proposed bike path, widths, obstructions and improvements. 9. Revocability: LICENSOR or LICENSEE may revoke and thereby terminate this License for any reason, at any time, without cause, by giving either party sixty (60) days' written notice. -2- 10. Notices: Pursuant to Paragraph 2 of Exhibit "B", notices to be given to LICENSEE shall be addressed as follows: Mr. George Waters Mayor City of National City 1243 National City Boulevard National City, CA 91950 11. Taxes: As additional consideration for this License, LICENSEE shall reimburse to LICENSOR within ten (10) days after receiving written demand therefore, a sum of money equivalent to the taxes levied or assessed against the Licensed Premises while occupied by LICENSEE pro -rated to the extent this License was not in effect for a portion of the applicable tax year. LICENSEE shall also reimburse LICENSOR for taxes levied againstimprovements and personal property placed or constructed on the Licensed Premises by LICENSEE. LICENSEE shall not be responsible for taxes levied against improvements and personal property placed or constructed on the Licensed premises by LICENSOR. IN WITNESS WHEREOF, the parties have executed this License as of the above date first written. LICENSOR: SAN DIEGO GAS & .LECTRIC COMPANY, a if 'a corporation By: . Lar , Director al Estate Operations LICENSEE: CITY OF NATIONAL CITY, a Municipal Corporation ILje George Waters Mayor APPROVED AS TO FORM -3- George H. Eiser, III City Attorney PROJECT ENGINEER CO I— U) Ui DEVELOPMENT cc a. RIGHT OF WAY AUG comELETE. SEE 7PHOFFICE. FOR ACCESSDATAAT D,57R OFWAY RECORD , GOESNO PL CURVE cD R 25' 65' CURVE DATA A 37'53'12" 139•26'05" REMOVE FENCE (12' LEN07,0 8. 56' 64. 36' 16,63' 101.46' SEE DETAIL F -32ND ST REMOVE FENCE (12' LENGTH' , 5, b NATIONAL CITY c. v -"F-1575.7i1T" 0, • GENGE\112' LE:GTHI / N N 7 '5247" E, 5. .1 ' 00+00 ' 1= 'N. >•• ••Ft r- •- 4Ti@sz 66. j6a 11,S *,60 .3.31 — 13124 -tE4Wx3 L4-4 E. a ; z a - ; 08+0 O. 00 MATCH LINE SEE SHEET L-5. STA L CA PEGIStEUED ENCI,MER Mem, te remmemMe ler de ommT0 d 4', or FC1C7.1!T,ppRov,I. DA7E TM Vde d &Blvd, a Ms drkers 0,1* mei:Metres, el exIM d dm sled 103i63.64 EC 'ENVIRONMENTALLY • SENSITIVE AREA '7/73 ,;01.7,7 1. 'd,‘) J L - MAICH LINE SLI `.LI L-4, STA O0400. 00 REV I srsrEnr I4OIEI LETE RIGHT OF WAY AND AGCUF9 ADDERS OATH SEE RIGH7 OF WAY RECORD IIAPS AT DISTRICT OFFICE. STATE R/W LIMITS 1 N NATIONAL CITY NAT I ONAL,CITY CJ TY._L EMITS - „._,,, CHULA VISTA CITY LIMITS CHULA VISTA 11439 2 4- 22 BC SWEETWATER RIVER dJ c:�l':;�;NhnJ GIrS N 0 ENV SEN51T IIVENTALL AREAY !I V' 51[SRJAT C5tAIl PLO. APPROVAL OArE ne we rdnvde v n: er,r, n+= li't Ar Vrmx°PF anYdeecr d ddxe.'e a des d me tle sled 0 0 7'�t .rd;35 r II 26 27 17,44 ID 7 PAPAOISE M�rTaa' BR NO 5 T-O KB I � I SOAAE RAILROAD m B9 J3 •= BEGIN ROCK SLOPE PROTECTION •pd' 114.11.00 PRQiENO ROCK S OPE I EI BIKE PATH BRIDGE ENV I T SENSITIVENY AREA w LV 0 01 w z S C ,., , r L1.1, LAYC SCALE, I ( T•r r1 -1/ EXHIBIT "B" STANDARD LICENSE PROVISIONS TABLE OF CONTENTS DESCRIPTION PAGE 1. Payment Review 1 2. Notices 1 3. General Restrictions 2 4. Licensor's Facilities 2 5. Alterations 2 6. Environmental Compliance 2 7. Compliance with Law 4 8. Assumption of Risk 5 9. Electric and Magnetic Fields 5 10. Indemnification 6 11. Public Liability Insurance 6 12. Obstructions 6 13. Attorney's Fees 7 14. Condemnation 7 15. Breach of Conditions 7 16. Time of the Essence 7 17. Growing Crops or Tree Stock 7 18. General Order 69-C 8 19. Default 8 20. Condition of Premises - End of Term 8 21. Payment of Service Utilities 9 22. Audit Rights 9 23. Governing Law 9 24. Severability 9 25. Execution of License 9 EXHIBIT "B" Standard License Provisions San Diego Gas & Electric, LICENSOR 1. Payment Review: As provided in the License the base annual consideration shall be increased based on the following formula: The amount of annual consideration due will be computed by using the Consumer Price Index Number covering the cost of "all items" of goods and services purchased by all urban consumers in Los Angeles, Anaheim, Riverside, California, published by the United States Department of Labor, using the period 1982-84 = 100 as the base period. The annual consideration for each period subsequent to the first year of the License shall be computed by dividing the annual base consideration by the Index Number for the first month of the first year of the License. The amount derived is then multiplied by the average Index Number for the third and fourth months immediately preceding the anniversary date of each subsequent year of the License to determine the annual consideration. Notwithstanding the above, the annual consideration shall not be reduced below the annual consideration for the preceding year. If there is no such Consumer Price Index published at the time of any periodic mathematical computation required by this paragraph, but a comparable Index is published by any agency of the United States Government, such latter Index shall be selected by LICENSOR. If no such comparable Index is then published, the computation will be made in accordance with the change in the cost of living and, if not arrived at by agreement of the parties, will be determined by arbitration under the rules and procedures of the American Arbitration Association. 2. Notices: Notices to be given under the License shall be deemed given when placed by either party in the United States mail, postage prepaid, certified, and addressed to the LICENSEE at the address in the License and to LICENSOR: San Diego Gas & Electric Company Attention: Real Estate Operations P. O. Box 1831 San Diego, CA 92112 B-1 3. General Restrictions: No trailers or house trailers shall be parked in or on the Licensed Premises. No storage parking shall be allowed on the Licensed Premises unless specifically allowed elsewhere in this License. LICENSEE shall not live or reside on and shall not permit anyone, including its agents, servants, employees, contractors or any third person whatsoever, to live or reside on the Licensed Premises. LICENSEE shall (a) at all times keep the Licensed Premises clean, and free from rubbish, public nuisances, weeds, brush, flammable materials, growth, debris, and waste, and in a condition satisfactory to LICENSOR and (b) shall guard against erosion or fires occurring upon the Licensed Premises. 4. LICENSOR'S Facilities: LICENSEE'S use of the Licensed Premises shall not interfere or conflict with LICENSOR'S use and ownership of the Licensed Premises, and LICENSOR shall at all times have the right to enter and use the Licensed Premises for any purpose, including, but not limited to installation and maintenance of facilities and equipment at such locations and at such elevations as LICENSOR may or in the future deem advisable. LICENSEE accepts the Licensed Premises subject to the foregoing. LICENSOR shall have the right to trim any trees, brush, or roots on the Licensed Premises when necessary for the safety of its facilities. 5. Alterations: LICENSEE shall not make or allow to be made any alterations of the Licensed Premises, except as provided in the paragraph entitled "Use of the Premises" in the License. For those alterations which are allowed by the License, LICENSEE shall not begin work until prior written consent for specific construction and landscaping plans is obtained from LICENSOR which consent will not be unreasonably withheld. LICENSEE shall keep the Licensed Premises free from any liens arising from such work performed, material furnished, or obligations incurred by LICENSEE, or arising from any taxes or assessments levied or assessed upon LICENSEE or the Licensed Premises by reason of the use of, or anything done or permitted by LICENSEE upon such premises. LICENSEE shall obtain appropriate permits and a completion bond, for LICENSOR'S approval, in the amount of the proposed improvements prior to beginning any alterations. 6. Environmental Compliance: LICENSEE shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) of any hazardous or toxic substances, materials or wastes, or any wastes B-2 regulated under any local, state or federal law. All substances/materials to be used by LICENSEE at this site are set forth on Schedule "A", attached hereto. LICENSEE shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hamdous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). LICENSEE shall not create nor permit to be created nor permit to exist upon the Premises any non-compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). LICENSEE shall contain any Harmful condition to prevent it from deteriorating. LICENSEE shall notify LICENSOR immediately of any Harmful Condition or non-compliance with any Standard and LICENSEE shall notify all responsible local, state or federal agencies as required by local, state or federal regulations. In the event LICENSEE fails to be in full compliance with the obligations assumed by LICENSEE herein and LICENSEE does not correct such non-compliance within three (3) days of written notice of such failure given by LICENSOR, LICENSOR may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If, however, LICENSEE has begun compliance within three (3) days of written notice, but such compliance cannot be accomplished within the allowed time frame, LICENSOR shall not interfere with LICENSEE'S good faith efforts. If compliance has not been accomplished within fifteen (15) days, LICENSOR may, but shall not be obligated to, take whatever action is necessary. LICENSEE shall reimburse LICENSOR for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by LICENSOR as a result of LICENSEE'S failure to comply with the foregoing obligations assumed by LICENSEE, and also such costs as may be incurred by LICENSOR in abating or protecting against Harmful Conditions and/or a violation of Standards. B-3 LICENSEE shall indemnify, defend, and hold LICENSOR, its employees and agents, harmless from and against any claim or lawsuit, local, state, or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of LICENSOR and LICENSEE, which arise during LICENSEE'S presence on, or negligent use of, the Premises. LICENSEE expressly agrees that the indemnification, and hold harmless obligations assumed by LICENSEE with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this License. 7. Compliance with Law: LICENSEE shall comply with all laws, ordinances, codes, zoning ordinances, and regulations of any Federal, State, Local or other public body or agency exercising jurisdiction over the Licensed Premises. LICENSEE shall maintain the Licensed Premises and any improvements according to zoning, and other standards, including, but not limited to, water, air and noise standards, set by such bodies or agencies. LICENSEE shall notify LICENSOR immediately of any non-compliance with any laws, ordinances, codes, zoning ordinances, and regulations of any Federal, State, Local or other public body or agency exercising jurisdiction over the Licensed Premises. The failure of LICENSEE to maintain the Licensed Premises and any improvements according to such standards, shall be construed as a default of this License. LICENSOR may, after giving ten (10) days written notice of such failure to LICENSEE, do any acts necessary to bring the Licensed Premises and improvements into compliance with such standards. If, however, LICENSEE has begun compliance within ten (10) days of written notice, but such compliance cannot be accomplished within the allowed time frame, LICENSOR shall not interfere with LICENSEE'S good faith efforts. If compliance has not been accomplished within thirty (30) days, LICENSOR may, but shall not be obligated to, take whatever action is necessary. LICENSEE agrees to repay LICENSOR for all costs, including but not limited to consulting, engineering, construction and legal costs incurred by LICENSOR in abating a violation of such standards, protecting against a threatened violation of such standards and paying any fine or assessment levied as a result of violation of such standards. LICENSEE shall further indemnify and hold harmless LICENSOR from any claim, loss, damage or injury, including any fines or penalties assessed by any agency, body or court, resulting from any violation of such B-4 standards in connection with LICENSEE'S negligent use of the Licensed Premises and improvements. LICENSEE shall, at its cost, undertake to respond to all such claims. 8. Assumption of Risk: LICENSEE acknowledges and expressly agrees that there are or may be high voltage lines, towers, poles, underground electric ducts, cables, wires, and high pressure gas or oil pipelines, valves and facilities, situated on, in, or near the Licensed Premises which are used by LICENSOR in its regular course of business. LICENSEE for itself, its agents, employees, independent contractors, invitees, licensees, permittees, and the agents and employees of each hereby assumes all risks, including those of an extra -hazardous nature, of injury to persons and damage to property arising out of the use of the Licensed Premises. LICENSEE for itself and for each of the above described persons hereby waives and releases LICENSOR from all liability as set forth above. If agricultural or horticultural use is being made of the Licensed Premises, LICENSEE further agrees to periodically warn and remind all of the above described persons, at least on a weekly basis during picking or harvesting, of such risk. LICENSEE also agrees to adopt any existing work methods or procedures and to use any existing equipment which will measurably reduce the amount of such risk. Electric and Magnetic Fields: Electric and Magnetic Fields (EMF) are present whenever electricity flows - around appliances and power lines, and in offices, schools and homes. Most, but not all, childhood studies have reported a weak association between estimates of residential magnetic field exposure and certain types of childhood cancer. Worker studies have shown mixed results. Given the uncertainty of the issue, the medical and scientific communities have been unable to determine that EMF causes health effects or to establish any standard or level of exposure that is known to be either safe or harmful. Many researchers believe that if there is a risk of adverse health effects from EMF, it is probably low, but warrants further investigation. Recent concern focuses on exposure to magnetic fields rather than electric fields. Whenever anyone plans to license SDG&E property that is in close proximity to SDG&E electric facilities, we want to share with them the balanced information or literature we have about EMF if they are interested. We have attached to this license a packet that contains several sources of EMF information and that outlines SDG&E's policy in this area. Please let us know if you have questions or wish to have additional information. B-5 10. Indemnification: LICENSEE agrees to indemnify and hold LICENSOR, its officers, employees, agents or Licensees harmless from and against any and all demands, claims, suits, costs of defense, attorneys' fees, witness fees, including expert witness fees, liability, loss, costs, obligations or other expenses for damage to property or for injury to or death of any persons in any manner arising from (a) LICENSEE'S negligent use, maintenance, presence on or occupation of the Licensed Premises, (b) the presence of LICENSEE'S facilities upon the Licensed Premises, or (c) any act or omission of LICENSEE, its employees, agents or Licensees, or of any employees, agents or Licensees of its contractors, subcontractors or independent contractors. 11. Public Liability Insurance: LICENSEE shall, at its own expense secure and maintain in effect during the entire life of this License insurance coverage's as described herein, in amounts not less than the minimum limits specified, to protect LICENSOR and LICENSEE from claims or liabilities in any way arising out of the ownership, maintenance or use of the License Premises: (a) Workers' Compensation Insurance and Employer's Liability Insurance in accordance with statutory requirements and limits, including U. S. Longshoremen's and Harbor Workers' Compensation Act coverage, where applicable, (b) Comprehensive General Liability Insurance to include products -completed operations and contractual liability coverage for liability assumed by LICENSEE under this License, and automobile liability insurance, with limits of not less than $1,000,000 each occurrence for bodily injury and property damage combined. Such liability insurance shall name LICENSOR as additional insured, shall contain a severability of interest or cross liability clause and shall be primary for all purposes. Certificates of insurance evidencing the coverage's and provisions required in (a) and (b) above shall be furnished to LICENSOR prior to any use of the Licensed Premises by LICENSEE and shall provide that written notice be given to LICENSOR at least thirty (30) days prior to cancellation or reduction of any coverage. LICENSEE agrees, at request of LICENSOR, to increase the limits of insurance to meet the limits then required by LICENSOR for similar licenses of this type. The provisions of this paragraph shall not in any way limit any of LICENSEE'S other obligations or liabilities under this License. The LICENSEE has the right to self -insure these exposures. 12. Obstructions: Except as permitted by this License, LICENSEE shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface B-6 elevation therein to be changed in any way whatsoever, without LICENSOR'S prior written approval. 13. Attorney's Fees: If either party hereto commences any legal action or proceeding against the other by reason of the alleged failure of the other to perform under this License, the party prevailing in said action or proceeding shall be entitled to recover, in addition to court costs, a reasonable attorney's fee to be fixed by the court. Such recovery shall include court costs and attorney's fees on appeal, if any. As used herein, "the party prevailing" means the party in whose favor final judgement is rendered. 14. Condemnation- If the whole or any part of the Licensed Premises shall be taken by any public or quasi -public authority under the power of eminent domain, this License shall cease as to that part so taken from the day possession of that part shall be required for any public purpose. On or before that day, LICENSEE shall elect in writing either to cancel this License or to continue as to the remainder of the Licensed Premises under the terms herein provided. If LICENSEE elects to continue, the consideration paid by LICENSEE for all subsequent years of this License shall be reduced by a percentage equivalent to the percentage the Licensed Premises was reduced in area by the taking. All damages awarded for such taking shall belong to and be the property of LICENSOR, with the exception that in the event LICENSEE should not be allowed to remove any fixtures or other personal property as provided by the terms of this License, then LICENSEE shall receive that portion of the award, paid to LICENSOR, which shall represent the value of LICENSEE'S property so retained. 15. Breach of Conditions: LICENSOR'S waiver of any one or more of the covenants, conditions, or agreements of this License shall not be construed to be a waiver of any subsequent or other breach of the same or any other covenant, conditions, or agreement of this License. LICENSOR'S failure to require or exact full complete compliance with any of the covenants, conditions, or agreements of this License shall not be construed as changing the terms hereof, and such failure shall not stop LICENSOR from enforcing the full provisions hereof. The terms of this License shall be amended only in writing by LICENSOR and LICENSEE. 16. Time of the Essence: It is mutually agreed that time is of the essence of each and all of the terms and provisions of this License. B-7 17. Growing Crops or Tree Stock: If, at the revocation or termination of this License, there are growing crops or tree stock on Licensed Premises in which LICENSEE has an interest, LICENSEE shall nonetheless leave the Licensed Premises and LICENSOR shall have the right to do with or dispose of said crops or stocks as LICENSOR sees fit without compensation, remuneration or liability to LICENSEE on account thereof. However, in the event that said crops or stock will mature within one month after the date of termination of this License, and if during the term hereof LICENSEE shall have requested extension of this License as herein provided, which extension was denied by LICENSOR, LICENSOR shall extend the term of this License for forty (40) days from the date of said termination for additional consideration based on a pro-rata amount of the consideration in effect at such time. 18. General Order 69-C: Notwithstanding any other provisions to the contrary, this License is expressly conditioned upon the right of LICENSOR to commence or resume the use of the property whenever in the interest of its service to its patrons or consumers it shall appear necessary or desirable to do so, as provided by General Order 69-C or any revision thereof or amendment thereto, of the Public Utilities Commission of the State of California. 19. Default: In the event of default by LICENSEE in the performance of any of the covenants, conditions or agreements hereof, LICENSOR shall give LICENSEE written notice as provided herein of the default. If the default is not cured or corrected to the satisfaction of LICENSOR within ten (10) days of said written notice LICENSOR may immediately revoke and terminate this License and LICENSEE shall forfeit all consideration paid. 20. Condition of Premises - End of Term: Upon termination or revocation of this License, LICENSEE shall surrender the Licensed Premises to LICENSOR in a condition satisfactory to LICENSOR, clean and free of debris. At LICENSOR'S option, and at no cost to LICENSOR, LICENSEE shall, within ten (10) days, remove from the Licensed Premises all buildings, structures, facilities, equipment and personal property of whatever nature belonging to LICENSEE and return the Licensed Premises to the condition in which it was in immediately prior to commencement of this License. If, within ten (10) days, LICENSEE has failed to remove its property and/or return the Licensed Premises to its original condition, LICENSOR may, at its option, remove LICENSEE'S property and restore the Licensed Premises to its original condition, and LICENSEE hereby agrees and covenants that it shall pay to LICENSOR all expenses of LICENSOR including, but not B-8 limited to, labor costs, including overhead expenses, rental of storage space, equipment rental, materials and fuel costs of machinery. 21. Payment of Service Utilities: LICENSEE shall pay for all utilities furnished to the Licensed Premises during the term of this License or any renewal thereof, including but not limited to electricity, gas, water and telephone service. 22. Audit Rights: f:(A) LICENSOR reserves the right to audit any books, records, receipts, purchase orders, settlements and other documentation and supporting information relating to this Agreement. Any such audit (s) shall be undertaken by an employee of LICENSOR or its contracted representative (s) from a Certified Public Accounting Firm at reasonable business hours and in conformance with generally accepted auditing standards. LICENSEE agrees to fully cooperate with any such audit (s). (B) If such audit shows a deficiency in any percentage payment for the period covered, the amount thereof shall be paid within fifteen (15) days by LICENSEE. If such audit shall show percentage payments to have been overpaid, the excess shall be applied to any amounts there due to LICENSEE. If any deficiency in percentage varies by more than three percent (3%) over figures submitted by LICENSEE, LICENSEE shall pay for the audit; if audit verifies LICENSEE'S figures within three percent (3%), expense of audit shall be borne by LICENSOR. 23. Governing Law: This License shall be governed by and construed in accordance with the laws of the State of California. 24. Severability: If any part, paragraph or provision of this Agreement should be invalid, then all the remaining parts, paragraphs and provisions shall continue to be fully effective. B-9 25. Execution of License: Execution of this Exhibit "B" as part of this License by LICENSEE and its return to LICENSOR shall not be binding on LICENSEE until LICENSEE has in fact signed and delivered this Exhibit "B" to LICENSOR. I have read and accept the foregoing Exhibit "B" to the License Agreement. LICENSEE: CITY OF NATIONAL CITY a Municipal Corporation Date: George aters, Mayor APPROVED AS TO FORM George H. Eiser, III City Attorney B-10 SCHEDULE"A" LICENSEE may use, only so long as LICENSEE is in full conformance and compliance with all State, Federal, and Local rules, regulations, and laws, the following substances for the following specified purposes: --NONE-- The use, storage, disposal, or handling of any material or sub -stances not identified above, or any misuse of the material or substances identified above, shall be considered a material breach and default of this License. MEETING DATE 12/17/02 M TITLE PREPARED E Y EXPLANATION Oily of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NC 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE UNIFIED SAN DIEGO COUNTY FIFTH AMENDED EMERGENCY SERVICES AGREEMENT Donald Condon, Battalion Chief 336-4550 National City has been a member of the Unified San Diego County Emergency Services Organization, Joint Powers Authority, for the past 41 years. Periodically this agreement is reviewed and amended as necessary. The last amendment, the Fourth Amended Emergency Services Agreement, was completed in 1991. Amendments were made to clarify that the Unified San Diego County Emergency Services Organization was a Joint Powers Authority (JPA). Other changes were made to designate a Treasurer for the WA, to remove language that could result in a conflict with the Brown Act, and other administrative changes. These changes will result in some administrative changes only; there will be no operational changes. Environment ai Re?Isi NIA Financial hart There is an annual cost of approximately $3,600. This is an annually budgeted item, as budgeted in FY03. 001-412-125-299 Account Nes, STAFF RECOMMENDATION Approve the Resolution authorizing the Mayor to sign the Fifth Amended Emergency Services Agreement. DCAFID : COMMISSION RECOM E ATIO N/A ATTACHMENTS ( Lint d Below Fifth Amended Emergency Services Agreement. 2002-184 Resolution No, A-200 (9/80) RESOLUTION NO. 2002 — 184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIFTH AMENDED EMERGENCY SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO AND THE SIGNATORY CITIES WITHIN THE COUNTY WHEREAS, Government Code Section 8605 designates eachcounty as an operational area for emergency, purposes and Government Code Section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi -jurisdictional emergencies or disasters; and WHEREAS, • the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions' required for joint powers agreements, all of which are incorporated into a Fifth Amended Emergency Services Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to execute the Fifth Amended Emergency Service Agreement with the County of San Diego, and the signatory cities within the county. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of December, 2002. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT FIFTH AMENDED EMERGENCY SERVICES AGREEMENT This Joint Powers Agreement is entered into by and between the County of San Diego, a political subdivision of the State of California (County) and the incorporated cities within the County who are signatories hereto (City or Cities). Nothing in this agreement is intended to lessen participating member jurisdictions' authority over and responsibility for events occurring within their jurisdiction. Nothing in this Agreement is intended to be a means by which state or federal emergency management requirements can be passed on to member jurisdictions. WITNESSETH WHEREAS, Government Code section 8605 designates each county as an operational area for emergency purposes and Government Code section 8610 authorizes each county and the cities in each county to "organize and structure their operational area" and to create disaster councils; and WHEREAS, the County and the Cities desire to provide for a unified emergency services organization in the San Diego Operational area; and WHEREAS, the purpose of the organization is to coordinate and facilitate regional plans and programs for the preservation and safety of life and property, and to make provisions for the execution of plans, programs, and mutual aid assistance in the event of multi jurisdictional emergencies or disasters; and WHEREAS, the parties previously entered into the Fourth Amended Emergency Services Agreement of 1991; and WHEREAS, the parties to said Agreement desire to amend the Agreement to clarify that this is a Joint Powers Agreement that creates the Emergency Services Organization as an agency separate from the parties; and WHEREAS, the parties desire to further amend the Agreement to include all provisions required for joint powers agreements, all of which are incorporated into this Fifth Amended Emergency Services Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto mutually agree as follows: A. This Agreement is made pursuant to Government Code section 6500 and following relating to the joint exercise of powers common to public agencies. 1. The County and the Cities each possess the common powers referred to above. UDC 1 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 2. The purpose of this Agreement is to exercise such powers jointly by creating the Unified San Diego County Emergency Services Organization, a public agency that is separate from the parties to this Agreement. B. The Unified San Diego County Emergency Services Organization is hereby created and established to facilitate planning and preparedness activities on an Operational Area level to include the following services: 1. Aid, assist and advise the County and each City in the preparation and development of an emergency plan for the County and for each City and in the County. 2. Prepare and develop Operational Area emergency procedures and guidelines which may be used by participating members and which provide for needs and the coordination of those needs in the event of a major disaster or other emergency. 3. Aid, assist and advise the County and the Cities with the training of public employees for the emergency services organization. 4. Provide countywide emergency services programs as may be determined and approved by the San Diego County Unified Disaster Council, hereinafter mentioned and referred to as Unified Disaster Council or Council. From time to time special County -wide programs may be developed under this Agreement. In those situations, the Unified Disaster Council may establish operational and funding requirements for participation and will seek approval of participating members. Where programs may not be supported by one or more jurisdictions, such programs may be executed between agreeing jurisdictions. Upon approval of the Unified Disaster Council, these programs may include participation by non-member agencies or jurisdictions. 5. Develop and keep current on a countywide basis an inventory of all equipment and supplies available now in the county for use in the event of an emergency. Such inventory listing will be made available to all participating members. Provide technical assistance in obtaining any federal or state funds which may become available to the County and the Cities for emergency purposes and in the acquisition by the County and the Cities of surplus property for emergency services purposes. 7. Enter into contracts which are necessary and proper to provide the services authorized in Paragraphs B1 through B6 above, including contracts for any services necessarily implied from those expressed. Page 2 UDC 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 8. The Unified San Diego County Emergency Services Organization shall not exercise the powers listed above in a manner that exceeds the County's authority to exercise those powers. C. The County and Cities, who are signatory to this agreement, adopt the Operational Area concept as identified in Chapter 7 Section 8605 of Division 1 of Title 2 of the California Government Code, and support established mutual aid agreements as the basis for multi -jurisdictional emergency operations. During such multi - jurisdictional emergencies, the staff of the organization shall assist the Operational Area Coordinator in carrying out his or her responsibilities under these mutual aid agreements. D. The County and Cities signatory to this agreement shall: 1. Become members of the Unified San Diego County Emergency Services Organization. 2. Delegate to the Unified Disaster Council hereinafter mentioned, whatever authority it is lawful for the County and Cities to delegate when such delegation shall be deemed necessary by said Council. This delegation of authority shall be restricted to whatever expenditure of County and City funds and use of County and City personnel, equipment and supplies as are made available by the County and the Cities for emergency services purposes. E. In consideration of these mutual promises, it is hereby mutually agreed that: 1. The County will pay fifty percent (50%) of the cost of establishing and maintaining the Unified San Diego County Emergency Services Organization. 2. The Cities signatory hereto will pay fifty percent (50%) of the cost of maintaining the Unified San Diego Emergency Services Organization, said fifty percent to be apportioned among the cities in accordance with the following formula: a) One-half of the 50%, or 25% of the total budget, shall be apportioned by people units or population in participating Cities. b) The remaining 25% of the total budget shall be apportioned by the total assessed valuation of real and personal property in participating Cities. 3. For the purposes of this Agreement the total assessed valuation of real and personal property in all the participating Cities shall be the amount assessed in the fiscal year prior to the budgeted year, as found in the Property Valuation and Tax Rate -- San Diego County, California, published by the Auditor and Controller of the County of San Diego. UDC 3 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 4_ If at the end of any fiscal year there remains an unencumbered balance derived from budget savings or revenues received for emergency services purposes, such balance shall be credited to the participating members at the rate of their contribution for that fiscal year, towards the following fiscal year for the expenditures of the Unified San Diego County Emergency Services Organization. 5. In the event a participating member withdraws from this agreement, such member will receive its refundable share of the unencumbered balance for that fiscal year in a single payment. 6. In the event a participating member contributes more than the formula requires towards maintaining the Unified San Diego County Emergency Services Organization, that contributing member shall determine where the excess contributions will be applied. 7. In the event a non -participating organization or agency contributes funding to the Unified San Diego County Emergency Services Organization, that contributing organization or agency shall determine where the contribution will be applied. 8. If application of contributions received under paragraphs E6 or E7 above, affect the completion of tasks identified in an annual workplan, approved by the Unified Disaster Council, acceptance of such contributions shall be subject to Disaster Council approval. The San Diego County Unified Emergency Services Organization shall account for and shall maintain reports of all funds received and all disbursements made. These reports shall be provided to any party upon request. 10. The County Treasurer shall be the depositary and have custody of all the money of the Unified San Diego County Emergency Services Organization and shall do the following: a. Receive and receipt for all money of the Unified San Diego County Emergency Services Organization and place it in the County treasury to the credit of the Emergency Services Organization; b. Be responsible upon his or her bond for the safekeeping and disbursement of all Emergency Services Organization money held by him or her; c. Pay, when due, out of money of the Emergency Services Organization held by him or her, all sums payable on outstanding bonds and coupons of the Emergency Services Organization; UDC 4 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT d. Pay any other sums due from the Emergency Services Organization from Emergency Services Organization money, only upon warrants drawn by the County Auditor/Controller pursuant to paragraph E 11; e. Verify and report in writing at least quarterly each year to the Emergency Services Organization and to each party to this Agreement the amount of money he or she holds for the Emergency Services Organization, the amount of receipts since his or her last report, and the amount paid out since his or her last report; and f. Invest funds of the Unified San Diego County Emergency Services Organization pursuant to Government Code section 53601. 11. The County Auditor and Controller/Chief Financial Officer shall perform the functions of auditor and controller for the San Diego County Unified Emergency Services Organization and shall do the following: a. Draw warrants to pay demands against the Emergency Services Organization when the demands have been approved by the Director, Office of Emergency Services, or his or her designee; b. Make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Emergency Services Organization except for those accounts and records that are subject to an annual audit by the state or the United States. In such case, the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Government Code section 26909 and shall conform to generally accepted auditing standards; and c. File the audit report with each party to this Agreement and with the County Auditor and Controller. 12. The costs of the audit shall be borne by the San Diego County Emergency Services Organization and shall be a charge against the unencumbered funds of the Emergency Services Organization available for this purpose. 13. The San Diego County Unified Emergency Services Organization may, by unanimous request of its governing body, replace the annual special audit with an audit covering a two-year period. 14. The annual audit requirement specified above shall not apply if the Controller audits the financial statements of the Emergency Services Organization to satisfy federal audit requirements. 5 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 15. The San Diego County Board of Supervisors shall determine the charges to be made against the San Diego County Unified Emergency Services Organization for the services of the treasurer and auditor. 16. The Unified San Diego County Emergency Services Organization shall administer this Agreement. 17. The debts, liabilities and obligations of the San Diego County Unified Emergency Services Organization shall not be debts, liabilities and obligations of the parties to this Agreement, but shall be the debts, liabilities and obligations of the San Diego County Emergency Services Organization. 18. Upon termination of this Agreement any surplus money on hand shall be returned to the parties in the same ratio as the parties contribute to the cost of the San Diego County Unified Emergency Services Organization as set forth in paragraphs E 1 and 2. F. The San Diego County Unified Disaster Council is hereby established and is the policy making body of the Unified San Diego County Emergency Services Organization. The Unified Disaster Council consists of the following: The Chairperson of the County Board of Supervisors who shall be the Chairperson and who shall represent the County. 2. The Coordinator of the Unified San Diego County Emergency Services Organization who shall be the Vice -Chairperson and who is selected by the Unified Disaster Council from among: The Chief Administrative Officer of the County or the City Manager and/or Chief Administrator of any participating City. Two additional persons may be selected from the staff of the Coordinator or from those specified in paragraph F2 above to act as first and second alternates in the absence or inability of the Coordinator to serve. 3. A representative from each member agency who shall be designated as a primary representative to the Council, each member agency shall also designate a first and second alternate if the primary representative is unable to attend. 4. Each participating member jurisdiction shall have one vote on the Unified Disaster Council. G. The Unified Disaster Council meets at least quarterly and upon call of the Chairperson or in his or her absence, or inability to call such a meeting, upon the call of the Coordinator. It is the duty of the Unified Disaster Council and it is empowered: UDC 6 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 1. To develop a proposed budget and to recommend a budget and the apportionment thereof to the County and all participating Cities. The County and the participating Cities shall not adopt budgets differing from the budget recommended by the Unified Disaster Council without first consulting with the Unified Disaster Council; 2. To review and approve Operational Area documents which may include emergency mutual aid plans, disaster preparedness plans, agreements, and any ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; 3. To purchase, lease, own, or dispose of property and equipment, and to review and approve contracts to be entered into by the Unified San Diego County Emergency Services Organization pursuant to Section B-7 of this Agreement, and to meet all other purposes of this agreement. H. The Chairperson of the Unified Disaster Council has the following powers and duties: 1. To call regular and special meetings of the Unified Disaster Council. 2. To execute, at the direction of the Unified Disaster Council, contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego County Emergency Services Organization. 3. To execute contracts, agreements and other instruments necessary to the timely functioning of the Unified San Diego Emergency Services Organization if the Unified Disaster Council is not in session, provided such contracts, agreements, or other instruments, do not conflict with the annual work plan as may be approved by the Unified Disaster Council. 4. To delegate to the Coordinator of Emergency Services or to the Director of the Office of Emergency Services, herein after referred, authority to execute contracts, agreements, and other instruments as specified in paragraphs 2 and 3 above, subject to approval of the Unified Disaster Council. 5. To establish committees and appoint members subject to ratification of the Unified Disaster Council. 6. To represent the Unified Disaster Council, or appoint a Council representative, in all dealings with public or private agencies on emergencies or emergency management issues pertaining to the Emergency Services Organization. Page 7 UDC 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT 7. To represent the interests of the unincorporated area of the County. The Chairperson may designate a person to represent such interests in his or her absence. The Coordinator of the Unified San Diego County Emergency Services Organization has the following powers and duties: 1. To request the City Council or Councils to proclaim the existence or threatened existence of a local emergency if said Council or Councils are in session or to request such proclamation by the City Manager or other authorized person if the Council or Councils are not in session subject to ratification by the Council or Councils at the earliest practical time. 2. To request the Board of Supervisors to proclaim the existence or threatened existence of a countywide local emergency if the Board of Supervisors is in session or to request such proclamation by the Chief Administrative Officer or other authorized person if the Board of Supervisors is not in session, subject to ratification by the Board of Supervisors at the earliest practical time. 3. To request the Governor of the State of California through the Board of Supervisors or the Council or Councils of the affected City or Cities to proclaim the existence of a state of emergency or state of war emergency when, in the opinion of the Coordinator, the resources of the area or region are inadequate to cope with the emergency. 4. To serve as the Operational Area Coordinator and to coordinate the mutual aid efforts of the parties to this agreement. 5. To receive funds for the Unified San Diego County Emergency Services Organization and to send them to the County Treasurer for deposit pursuant to paragraph E 1 0 above. 6. To authorize the County Auditor/Controller to draw warrants for disbursement of San Diego County Unified Emergency Services Organization funds pursuant to paragraph E 10 above. J. There is hereby created an Office of, and Director for, Emergency Services. The Office shall be under the direction of the Chief Administrative Officer of the County of San Diego, and the Coordinator of Emergency Services for the Unified San Diego County Emergency Services Organization. The staff effort directly applicable to County of San Diego functions shall not exceed the level of the financial contribution of that jurisdiction and shall not be inconsistent with the workplan as may be approved by the Unified Disaster Council. UDC 8 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT The Director and staff of the Office of Emergency Services shall be responsible for emergency management duties which may include: 1. To prepare, develop, coordinate, and integrate an Operation Area Emergency Plan and to respond to emergencies in accordance with emergency plans; 2. To aid, assist, and advise the County and each City in the preparation and development of emergency plans; 3. To coordinate and assist in the recruitment and training of emergency services personnel; 4. To coordinate and assist in the procurement and inventory of emergency supplies and equipment and in obtaining Federal matching funds and surplus property; 5. To develop, maintain and administrate countywide programs as may be determined by the Unified Disaster Council; 6. To coordinate Operational Area emergency public education programs; 7. To develop, maintain and distribute Operational Area inventories of vital resources; 8. To develop and maintain public warning systems for the San Diego Operational Area; 9. To develop an annual workplan and budget for review and approval by the Unified Disaster Council; 10. To execute and approve all instruments necessary to the day-to-day operation of the Emergency Services Organization as specified in the approved budget, and workplan, and approved changes there to; 11. To provide administration and coordination of County employees functioning as staff to the Unified San Diego County Emergency Services Organization; and 12. To Chair meetings of the Unified Dicaster Council in the absence of the designated Chair and Vice -Chair of the Unified Disaster Council. K. The Unified San Diego County Emergency Services Organization and the Unified Disaster Council are structured herein in accordance with the Emergency Services Ordinance (San Diego County Code of Regulatory Ordinances, Sec. 31.101.) In the event the organizations are altered materially in the Emergency Services Ordinance, any party may offer to the other participating parties amendments to conform the agreement to the Ordinance. All amendments to the Agreement shall be in writing and effective upon execution by all parties. UDC 9 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT L. The terms "state of war emergency", "state of emergency", and "local emergency" used herein shall have the same definition as is provided in the California Emergency Services Act, Government Code Section 8558. M. This agreement shall become effective upon the execution of the agreement by the County Board of Supervisors and by all Cities desiring to become signatories hereto. Execution of this agreement supersedes the prior Emergency Services Agreement, formerly known as the Civil Defense and Disaster Agreement, and all amendments thereto and also supersedes the Fourth Amended Emergency Services Agreement of 1991. N. Any of the cities within the County of San Diego which are now, or which may hereafter become incorporated may become a party to this agreement by executing an agreement hereunder and filing such executed agreement with the Coordinator or, in his or her absence, the first or second alternate coordinator. O. This agreement may be terminated as to any of the parties by written notice given by such party to all the other parties which notice shall be given at least 120 days prior to the commencement of the fiscal year in which the termination is to take effect. For the purposes of such notice a fiscal year is defined as July 1 of a calendar year through June 30 of the next succeeding calendar year. UDC 10 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto do affix their signatures. SAN DIEGO COUNTY UNIFIED DISAS I'ER COUNCIL Council Approval Date: By Chairman, Unified Disaster Council CITY OF CARLSBAD Council Approval Date: By CITY OF CHULA VISTA Council Approval Date: By CITY OF CORONADO Council Approval Date: By CITY OF DEL MAR Council Approval Date: By CITY OF EL CAJON Council Approval Date: By UDC 11 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF ENCINITAS Council Approval Date: By CITY OF ESCONDIDO Council Approval Date: By CITY OF IMPERIAL BEACH Council Approval Date: By CITY OF LA MESA Council Approval Date: By CITY OF LEMON GROVE Council Approval Date: By CITY OF NATIONAL CITY Council Approval Date: By CITY OF OCEANSIDE Council Approval Date: By 12 2002 UNIFIED SAN DIEGO COUNTY EMERGENCY SERVICES AGREEMENT CITY OF POWAY Council Approval Date: By CITY OF SAN DIEGO Council Approval Date: By CITY OF SAN MARCOS Council Approval Date: By CITY OF SANTEE Council Approval Date: By CITY OF SOLANA BEACH Council Approval Date: By CITY OF VISTA Council Approval Date: By COUNTY OF SAN DIEGO Board Approval Date: 01-01226 By Clerk of the Board of Supervisors 13 2002 10/17/02 THU 08:20 FAX 8585653499 OFF of DISASTER PREP 444 NATL CITY [001 NTT u LVSAsf(a COUNOR CARLSBAD CHULA VISTA CORONADO COUNTY OF SAN DIEGO DEG MAR Et CA✓ON ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE NATIONAL CITY OCEANSIDE PoWAY SAN DIEGO SAN M4RCOS SANYEE SOLANA BEACH VISTA UNIFIED �/� SAN DIEGO COUNTY Emergency Services Organization OFFICE OF DISASTER PREPAREDNESS 5555 Overland Ave„ BIdg.19, San Di000, California 92123 Phones858-565-3490 Fax 655-565-349 a -mail alp®CtS•Com October 16, 2002 TO: Unified Disaster Council Department Heads Intterrested Parties FROM: Tara effen, Director San Diego County Office of Emergency Services CHANGE OF NAME FROM "OFFICE OF DISASTER PREPAREDNESS" TO "SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES" On October 8, 2002, the San Diego County Board of Supervisors formally approved our proposal to change the name of this department — Office of Disaster Preparedness — to the San Diego County Office of Emergency Services. Our offices will remain in the County's Emergency Operations Center, at 5555 Overland Avenue, Mail Stop 025. I look forward to our continued association and cooperation. DS/ml City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December1.7, 2002 10 AGENDA ITEM NO. (-ITEM TITLE PREPARED BY EXPLANATION DISCLOSURE OF PROPERTY INTERESTS LOCATED WITHIN REDEVELOPMENT PROJECT AREA; COUNCILMAN PARRA George H. Eiser, Ill (336-4221) DEPARTMENT City Attorney Attached is a Disclosure of Property Interests Located Within Redevelopment Project Area signed by Councilman Francisco J. Parra. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. .% Environmental Review Financial Statement N/A X N/A Approved Bya Finance Director Account No. STAFF RECOMMENDATION That the disclosure be entered on the minutes of the City Council at their meeting of December 17, 2002. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Eelow } Resolution No. 1. Disclosure letter from Councilman Parra. 2. City Attorney's memorandum regarding same subject. A-200 (9:99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: City Manager DATE: December 11, 2002 FROM: City Attorney SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area; Councilman Francisco J. Parra Attached is a Disclosure of Property Interests Located within Redevelopment Project Area signed by Councilman Francisco J. Parra. Section 33130 of the Health and Safety Code (the Community Redevelopment Law), requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. It is requested that this disclosure be entered on the minutes of the City Council at their meeting of December 17, 2002. gob:. GEORGE H. EISER, Ill City Attorney GHE/gmo cc: Councilman Francisco J. Parra INC ® Recycled Paper TO: 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 City Manager DATE: December 11, 2002 FROM: Councilman Parra SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the December 17, 2002 City Council meeting the fact that I own or have direct or indirect financial interests in the following properties located within the National City redevelopment project area: 2817 "N" Avenue 243 East 5th Street National City, CA 91950 National City, CA 91950 FRANCISC • P'ARRA Councilman ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 17, 2002 11 AGENDA ITEM NO. (ITEM TITLE WARRANT REGISTER #22 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo (619) 336-4330 Ratification of Warrant Register #22 per Government Section Code 37208. J Environmental Review N/A Financial Statement Not applicable. Approved BY: Finance Direct9 Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,153,005.60. BOARD / COMMISSION REC LedaarzbL, ATTACHMENTS t Listed Beiow 1. Warrant Register#22 2. Workers Comp Warrant Register dated 12/20/02 3. Payroll Warrant Register dated 12/20/02 Resolution N. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 17, 2002 12 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER #23 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo (619) 336-4330 Ratification of Warrant Register #23 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved Account No, STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 377,217.77. »Y]2/1/ BOARD / COMMISSION RE ,'O ENDATIO ATTACHMENTS i Listed Below ) 1. Warrant Register #23 2. Workers Comp Warrant Register dated 11/27/02 Resolution No.. A-200 (9I99) City of National City, California COUNCIL AGENDA STATEMENT 13 JEETING DATE December 17, 2002 AGENDA ITEM NO. /ITEM TITLE WARRANT REGISTER #24 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #24 per Government Section Code 37208. Environmental Review NIA Financial Statement Not applicable. Approved By nonce Difor Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,161,816.98. BOARD / COMMISSION RECOMMENDATION "id ATTACHMENTS ( Listed Below } 1. Warrant Register #24 2. Workers Comp Warrant Register dated 12/04/02 3. Payroll Warrant Register dated 12/04/02 ta-64.14) Resolution No, A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT ,tEETING DATE December 17, 2002 ITEM TITLE CLAIM FOR DAMAGES: Ralph Zarate 14 AGENDA ITEM NO. PREPARED BY Michael R. Dalla, CMCPARTMENT City Clerk EXPLANATION The claim of Ralph Zarate arises from an occurrence on October 10, 2002 and was filed with the City Clerk's Office on November 14, 2002 ( Env irorar rental Review ' _. 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 j Resolution No. N/A A-200 l9 99 i City of National City **Refer to Item #2 COUNCIL AGENDA STATEMENT 15 MEETING DATE: December 17, 2002 AGENDA ITEM NO. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY: Paul Desrocherst DEPARTMENT Community Development Commission Executive Director 336-4250 EXPLANATION: The City Council held a public hearing, received and considered public input and can now take ac- tion on the above resolution. Environmental Review X N/A Financial Statement No affect. There will be neither a gain nor loss in federal grant monies to the City resulting from this reallocation. i STAFF RECOMMENDATION That the City Council approve the resolution approving a reallocation of CDBG funds. BOARD/COMMISSION RECOMMENDATION Not Applicable ATTACHMENTS (Listed Below) Resolution No. 200 -185 None RESOLUTION NO. 2002 —185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Government under the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the City wishes to reallocate program funds that have been uncommitted and/or unspent to the National City Chamber of Commerce Leadership Center Project; and WHEREAS, the City Council of the City of National City held a noticed public hearing on the reallocation of said funds on this date, December 17, 2002; and WHEREAS, the City has agreed to reallocate certain funds as shown on Exhibit "A", attached. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the reallocation of CDBG funds as shown on the attached Exhibit "A" is approved and the Mayor is hereby authorized, on behalf of the City Council, to submit a revised final statement to the U.S. Department of Housing and Urban Development reflecting said amendment. PASSED and ADOPTED this 17th day of December, 2002. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Resolution No. 2002 —185 Project Name Amount Fiscal Year Graffiti Eradication Program $22,626.00 1998 Graffiti Eradication Program $ 6,910.00 1997 Graffiti Eradication Program $ 1,998.00 1995 Reinstallation of Street Lights$ $ 7,680.00 1998 Miscellaneous Storm Drains $ 8,195.00 1997 Library Feasibility Study $ 4,590.00 2000 Dusk Till Dawn Lights $13,912.00 1996 & 1997 Kimball Bowl Rehabilitation $ 9,089.00 1997 Total: $75,000.00 EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Deter 17r 2002 SECOND READING 16. AGENDA ITEM NO. ITEM TITLE AN ORDINANCE AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.42, TITLED "SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED", AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 AND 11.40.060 PREPARED BY DEPA TMENT QQ EXPLANATION RUDOLF HRADECKY, ESQ. R City Attorney 4a This ordinance will make it illegal to be a spectator at an illegal speed contest, as defined by the Vehicle Code. This ordinance is patterned after an ordinance adopted by the City of San Diego in response to the deaths of general spectators and participants in illegal speed contests. The City of National City, from time to time, experiences similar speed contests. With the passage of the San Diego ordinance, some displacement of speed contests to this and other jurisdictions may be expected. This ordinance will inhibit and potentially reduce those opportunities for illegal speed contests in this jurisdiction, and will be an additional tool for law enforcement to curb such contests. This ordinance has been coordinated with the Police Department. Environmental Review WA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve ordinance. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed ordinance. A-200 (9 99) ORDINANCE NO. 2002 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING A NEW CHAPTER 11.42, TITLED "SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED", AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020, 11.40.030, 11.40.040, 11.40.050 AND 11.40.060 WHEREAS, illegal street racing and exhibitions of speed on streets in the City of San Diego and other communities in the County of San Diego have become a broad community problem, immediately threatening public peace, property, health and safety; and WHEREAS, this illegal street racing and exhibitions of speed attract hundreds of juveniles and adults to city streets on a regular basis; and WHEREAS, this illegal street racing and exhibitions of speed attract other criminal activity, including juvenile curfew violations, littering, drinking in public, urinating in public, gambling, fights and disturbances, trespassing, graffiti, and vandalism; and WHEREAS, illegal street racing and exhibitions of speed create a dangerous environment, with traffic congestion and risk of serious injury or death, for pedestrians and vehicular traffic on local streets; and WHEREAS, the City Council of the City of National City seeks to promote the City's interest in protecting and preserving the safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal street racing and exhibitions of speed, and to curb the criminal activity surrounding illegal street racing and exhibitions of speed; and WHEREAS, on October 15, 2002, an ordinance adopted by the City of San Diego amending the San Diego Municipal Code to prohibit spectators at illegal speed contests or exhibitions of speed, and its enforcement may have a tendency to displace such speed contests to other jurisdictions, including National City; and WHEREAS, there is and remains an immediate impact on the health, safety and welfare of the citizens of this City due to existing illegal street racing in this jurisdiction that will be exacerbated by any displacement from other jurisdictions; and WHEREAS, the adoption of this ordinance is therefore necessary and appropriate to address this immediate problem and any displacement from other jurisdictions. NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of National City, as follows: Section 1. That Title 11 of the National City Municipal Code is hereby amended by adding a new Chapter 11.42 to read as follows: CHAPTER 11.42 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED Sections: 11.42.010 Purpose. 11.42.020 Definitions. 11.42.030 Spectator at illegal speed contests or exhibitions of speed — Violation. 11.42.040 Relevant circumstances to prove a violation. 11.42.050 Admissibility of prior acts. 11.42.060 Enforcement. Section 11.42.020 Purpose. A. The City Council for the City of National City finds and declares that pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. B. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their. property within the City of National City. When illegal street races occur on various streets within the City, racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding, and abetting the racing process. C. Illegal street racers can accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers can drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of the police. Participants in this illegal activity use cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. Participants also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. D. In many cases, illegal street races can attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish. E. This Chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. The division targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In -2- discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. F. This Chapter makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races, if the prior act or acts occurred within three years of the presently charged offense. Section 11.42.020 Definitions. A. "Illegal motor vehicle speed contest" or "illegal exhibition of speed" means any speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a) and 23109(c). B. "Preparations for the illegal motor vehicle speed contest or exhibition of speed" include, but are not limited to, situations in which: (1) a group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; (2) a group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event; (3) a group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; (4) one or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; (5) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; (6) one or more drivers is revving the vehicle's engine or spinning its tires in preparation for the event; or (7) an individual is stationed at or near one or more motor vehicles serving as a race starter. C. "Spectator" means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding asa passenger in a vehicle, walking, or arriving by some other means. Section 11.42.030 Spectator at illegal speed contests or exhibitions of speed — Violation. A. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor subject to a maximum of ninety (90) days in jail and a fine of $500. B. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor and subject to a maximum of ninety (90) days in jail and a fine of $500. C. An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. D. Exemption: Nothing in this section shall prohibit or make illegal law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. -3- Section 11.42.040 Relevant circumstances to prove a violation. Notwithstanding any other provision of law, to prove a violation of Section 11.42.030, admissible evidence may include, but is not limited to, any of the following: (a) the time of day; (b) the nature and description of the scene; (c) the number of people at the scene; (d) the location of the individual charged in relation to any individual or group present at the scene; (e) the number and description of motor vehicles at the scene; (f) that the individual charged drove or was transported to the scene; (g) that the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed; (h) that the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed; (i) that the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; (j) that the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal motor vehicle speed contest was in progress. Section 11.42.050 Admissibility of prior acts. The list of circumstances set forth in Section 11.42.040 is not exclusive. Evidence of prior acts may be admissibleto show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Evidence of prior acts shall not be limited to those that occurred within the City of National City, and may include evidence of such acts from other jurisdictions within the County of San Diego. Section 11.42.060 Enforcement. Enforcement of this Chapter shall be under the jurisdiction of the chief of police. PASSED and ADOPTED this day of , 2002. Nick Inzunza, Mayor AT PEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney A EETANG DATE City of National City, Cantor i COUNCIL AGENDA STATEMENT December 17, 2002 ITEM TITLE AGENDA ITEM NO. OLD BUSINESS 17 Staff Report — Police Department — 900 "A" Avenue Problem Oriented Policing Project (POP). PREPARED DY Lt. Gary K. Clark EXPLANATION336-4480 DEPARTMENT Police Department a Submission of a Police Department Staff Report concerning the ongoing Problem Oriented Policing Project in the area of the 900 block of "A" Avenue and the surrounding "Downtown" area. Environmental Review N/A Financial Statement N/A Account No, STAFF RECOMMENDATION Adopt Staff recommendations per Police Department Staff Report. SOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below 1 Resolution No, 1) Police Department Staff Report 2) Problem Oriented Policing Project Plan A-200 (9/80) Staff Report' Project Plan For: 800 and 900 blocks of National City Boulevard and "A" Avenue 00 and 100 blocks of E 8Th Street, E 9Th Street and E Plaza Boulevard December 8, 2002 Prepared By: Lt. Gary K. Clark (The intent of this document is to act as a summary staff report and addendum to Officer Powelrs original Project Plan, which was developed in January of 2002.) BACKGROUND: In December of 2001 the Chief of Police received several complaints, in the form of letters and phone calls from persons residing in the area of 900 "A" Avenue. These complaints involved several problems, including but not limited to: noise complaints, parking complaints, complaints about transients, prostitution and narcotics use, and various forms of disorderly conduct. Officer Powell was assigned to conduct research into the complaints and determine what action, if any, was needed to resolve the complaints. During the month of December, Officer Powell developed a "Project Plan" to deal with problems he had identified. It was determined that to affect the "quality of life" issues known, the project would have to be much larger than just the 900 block of "A" Avenue. The area to be included in the plan basically covered the "Downtown" area. At implementation, this project involved the area in the 800 — 900 blocks of National City Blvd. and "A" Avenue, plus the 00 and 100 blocks of E. 8th Street. As such, it was felt that other officers and a supervisor should be assigned to assist in this project. Sergeant Carr, Officers Macias, Pierson and Harward were also assigned to this project. Nearly all the identified problems involved activities at night so all assigned officers working during evening hours were assigned to this, patrol area. The Neighborhood Policing Team would also assist as needed. PLAN: Officer Powell implemented the Project Plan in January of 2002 (refer to the attached ProjectFPlan for original analysis): , Officers increased enforcement efforts in the area. Police Officers attended Neighborhood Watch and Downtown Business Coalition meetings. Officers met with business owners/managers and discussed various ways improvements could be made. Please refer to Officer Powell's.attached Project Report' for further information relating to the plan. RESULTS: Since the date of plan implementation there have been ongoing developments regarding the nature of the complaints and resulting actions taken to address these complaints. In general, the problems associated with the original complaints have been addressed. There has been a significant reduction in'calls for "service in this area. The number of transients affecting the neighborhood has been, significantly reduced. Strict parking enforcement and increased security (offered by the management of the Trophy Lounge and Red Lion Inn and Suites) have decreased the number of people illegally parking in restricted parking areas. Problems identified at the Red Lion Inn and Suites have been resolved. The following are the results of Special Enforcement Operations dealing with the. Trophy Lounge: The National City Fire Marshal conducted two inspections at the Trophy Lounge. The following is the results of the inspections: 1) Wednesday, September 11, 2002 - Four violations were found: A) The building address not clearly marked. 13). An exit sign was not functioning. C) Storage was too high. D) A hole was found in the wall of back hallway. 2) Saturday, November 16, 2002 - No violations noted. A) Occupancy load was posted at 246 and was not exceeded. • The National City Police Department's Neighborhood Policing, Team conducted six undercover/plain clothes operations within the Trophy Lounge. The following is the results of the operations: 1) Friday, February 22, 2002 - "Obvious Intox" Operation - No violations noted. 2) Thursday, March 7, 2002 - "Obvious Intox" Operation - No violations noted. 3) Friday, March 8, 2002 - "Cops in Shops" Operation- No violations noted. 4) Wednesday, April 17 2002 - Investigated complaints of male exotic dancers appearing in minimal clothing - Five individual citations were issued for section 311.6 PC- offensive live show. The manager of the Trophy Lounge was cooperative and immediately ceased having live shows of this nature. 5) Thursday, October 31, 2002 - "Impact Inspection" Operation - No violations noted. 6) Thursday, November 14, 2002 - "Obvious Intox" Operation - No violations noted. 501 Parking citations and 15 Traffic citations have been issued during the course of this project. • 5 arrests for various narcotics and drug related offenses have been made in the area. • 21 arrests for drinking in public and/or drunk in public have been made in the area. 2 • 4 arrests were made in the area for violations of drinking in public and/or public intoxication. • 9 Field Interviews were completed' of transients loitering in the area. No formal enforcement action was necessary for these individuals. With the exception of H&M Goodies and Solomon' West furniture store (refer to Officer Powell's attached report), all businesses in the area have been extremely cooperative in this project. The following are examples of business cooperation: Red Lion Inn and Suites: • Increased overall area security with additional security patrols and lighting. • Cleaned up graffiti and limited trash dumpster access. • Cooperated with the Trophy Lounge management in an attempt to remedy parking complaints by offering the use of their parking `structure. • The manager (John Ford) is very active in the Downtown Business Coalition and very cooperative with the Police Department. • Increased the prices of low priced alcoholic beverages, which normally attract transients. Agreed to have after hours towing from the property. Active in the Downtown Business Coalition. Very cooperative with the Police Department. • • Union Bank: Hired Security to patrol the parking lot and tow vehicles not involved in bank services. Trophy Lounge: • The Trophy Lounge management amended their existing dress code policy in an attempt to limit and dissuade gang member patronage. These amendments consisted of the following: no hats, no athletic apparel, no baggy clothing and no gang attire. • All patrons of the Trophy Lounge are identified by a valid form of identification and are searched for weapons upon entry and each additional re-entry. • The Trophy Lounge security staff has been increased to 10-14, depending on the need. • All Trophy Lounge security personnel are furnished with flashlights, radios, and handcuffs. 3 The Trophy Lounge staff provides random foot patrols throughout the surrounding neighborhood every 20-30 minutes during nigh -time hours of operation. During busy nights, security personnel are stationed in the alley area behind the Tophy Lounge and in the 900 block of"A" Avenue. • All Trophy Lounge staff attended a LEADS workshop put on by the National City Police Department's Neighborhood Policing Team and Responsible Hospitality Coalition: • The Trophy Lounge management installed two exterior security cameras that constantly record to VHS'cassette tape. These' cameras are positioned • to record activity to the west (front) and the south'sides of the business. Other camera(s) are planned to view the alley. • The Trophy Lounge staff post various signs around the business that read 'as follows No Smoking, No Opeti Containers; and No Loitering. • The Trophy Lounge installed two exterior lights that illuminate the west alley Of 900'" A" Avenue.. • The Trophy Lounge staff made portable NO PARKING signs, which they place `throughout the neighborhood to additionally dissuade Trophy Lounge patrons from parking in the residential neighborhood east of the business. • The Trophy Lounge management'designated a smoking area in front of their establishment and cordoned it off with barrier ropes to prevent patrons from blocking the sidewalks. This was in response to Mr. and Mrs. McCoy's complaints of Trophy Lounge patrons, loitering in front of the Steam Bean. The Trophy Lounge is limiting the number that is present in this area. The Trophy Lounge Owner, Manager and Security Staff have made it , known they are interested in ideas to remedy complaints and are willing to change operations to accommodate needs of the Neighborhood, the Police Department and Ci Unfortunately, complaints from residents; in the area concerning the conduct of patrons. that frequent the Trophy Lounge continue. On November 19th, 2002 the City Council heard a number of residents air their concerns. Speakers presented negative and positive. information. Officer Luke Powell handed out a copy, of his original Project Plan for Council Members and City Staff to review., I have since learned that there, may be confusion as to the nature of that report. To clarify; the Project Plan handed out by Officer Powell at the November 19th, 2002 Council Meeting,. reflects the analysis of the situation in the Project Plan as of January 2002. There have been significant, changes since that first evaluation. Complaints concerning the Trophy. Lounge were first identified (primarily) as loud music, loud patrons and parking in the area east of 999 National City Blvd. Although there has been a significant impact in the overall parking problem and noise coming 4 directly from the Trophy Lounge„ some:patrons ;continue :topark east of the establishment and become involved in disorderly conduct while transiting to and from their vehicles. Nights of most concern are Sundays and Thursdays, when there are drinkspecials known as "Dollar" nights, More .recently, activity on. Tuesday nights increased with the introduction, of the "Jammin Z-90" night. Although, a strong police presence has been made to deter; illegal activity, most complaints involve the time frame between;1;00 AM and3:00 AM. when patrol staff for the entire City is(5);Ofcers and(1) Patrol Sergeant. ,Often thisgraveyard squad is staffed at a.minimum deployment level of only (4) Officers and (1),P�atrol-Sergeant. Therefore. Officers can only provide "exttra.patrol" to this area and cannot be assigned specifically to this one location. On December 1, 2002,.Officer Macias attended a Neighborhood Watch, meeting with the residents in the area of 900 "A" Avenue. In general, the residents, still have the same complaints. Officer Macias was politely asked to excuse himself from the meeting when the residents felt it was time for them to formulate recommendations concerning these ongoing problems. Recommendations front the meeting, would he forwarded at a later date. On December 2, 2002, I met with the owner of the Trophy Lounge (Donna. Edwards), her son and `staff The meeting was made at Donna's request.' She had called to request advice on how to reduce the complaints associated with the business. I found Donna and her staff to he very approachable. She was already `aware of my concerns about the large number of patrons involved in the nights that there were special activities' at the Trophy Lounge. Prior to me suggesting anything, I was advised that the Trophy Lounge was going to cease having the, Tuesday night "Jammin Z-90" activities. I was also advised that the Trophy Lounge would' be, either increasing the drink prices on the "Dollar" nights or eliminate these specials altogether. It was also agreed that "Softer" music might help with noise complaints. Doritia was also interested in my opinion concerning the possible renovation of the Trophy Lounge to a restaurant/nightclub. I` advised her that I would be skeptical of the idea if the "nightclub" portion of the business did not address the current neighborhood complaints. Donna will be submitting plans to the Community Development Commission (CDC) for review. (Sincethe meeting,, I have been in phone contact with Mr. Paul Desrochers and will provide`whatever'advice I can to` assist the Community Development Commission with this project.) On December 5, 2002 Sergeant Fabinski and Officer Powell attended the Downtown Business Coalition meeting. With the exception of residents behind the Trophy`Lounge' (being represented by Janice Martinelli) there were no complaints vMced for Police Departthent action. On December 8, 2002, I met with Janice Martinelli. Janice provided a list of recommendations from (21) families that were present during the December 1s`, Heritage Square Neighborhood Watch meeting. ,I have included these recommendations within the "recommendations section of this report, 5 STATISTICS: Calls for Service: During the time period of January 1, 2001 through October 31, 2001 (prior to this project) there was a total of 407 calls for service within the area of focus. Of these 407 calls, 63 calls were associated with the Trophy Lounge, 72 calls were associated with the Red Lion Inn, and 43 calls were associated with the transient population. The result of increased police activity and attention to this area resulted in the increase of Calls for Service during 2002 reflected below. 2001 through 2002 Calls for Service Comparison: January 1, 2001-October 31, 2001 January 1, 2002-October 31, 2002 Address Calls for Service Crime Cases Arrests Calls for Service Crime Cases Arrests 800 NCB 14 4 8 23 1 6 801 NCB 72 15 5 155 15 12 900 NCB 20 4 6 93 7 10 999 NCB 63 13 2 207 10 14 22 E 8TH ST 61 15 4 81 20 11 108E 8T ST 55 17 7 67 13 9 00 E 91" ST 7 7 5 13 2 0 800AAVE 12 6 8 8 . -7 8 900AAVE 33 3 1 51 1 2 906AAVE 5 1 0 0 0 0 907AAVE 0 0 0 0 0 0 910AAVE 11 0 0 8 1 0 912AAVE 7 1 0 4 0 0 916AAVE 0 0 0 2 1 A 922 A AVE 0 0 0 0 0 924AAVE 3 0 0 4 0 926 A AVE 0 0 0 6 0 928 A AVE 0 0 0 1 0 936AAVE 12 0 0 2 0 938 A AVE 19 " 2 1 14 3 939AAVE 1 0 0 0 0 940AAVE 6 1 0 0 0 00 E PLAZA 6 0 I 17 2 0 0 0 0 0 0 0 2 Totals 407 89 48 756 83 73 (Call for Service includes officer -initiated activities. This may include parking citations and other self - initiated activities.) Although the statistics listed above show a significant increase in calls for service from 2001 to 2002 a breakdown of the month -to -month calls for service: in 2002 indicates that increased police presence has had a significant effect. The following statistics show a 53% reduction in calls for service from February 2002 through November 2002. At the same time, arrest statistics show an obvious increase in police presence, with arrests increasing 65% compared to the same time frame of the previous year. 6 February 2002 through October 2002 Calls for Service: Feb Mar Apr May June July Aug Sept Oct Nov 800 NCB 3 0 1 3 2 2 4 0 2 2 801 NCB 31,' - 19. 23 15 14 , 9 .9 3 0 6: 900 NCB 16 11 10 10 7 9 . 3 0 0 999 NCB21 19 18 2'3 33 20 26 14 13 22EElm ST 10. 10 4 .13 5 9 9. 15 3 108E8T"ST 6 8 10 7 6 11 8 3 4 5 H 00E91ST 0 1- 0 1 4. 2 .: 1, 4 0 ` 0 800AAVE 2 1 1 2 0 0 1 0 0 0 900 A AVE 8 8 7 4 7 1 2 0 6 906 A AVE 0 0: 0•. 0 0 O 0, 11 b 0 907AAVE 0 0 0 0 0 0 0.. 0 0 910AAVE 1 3 3 0 I 1 1 0 2 0 912AAVE 1 1 0 0 1 0 1 0 0 0 916 A AVE 0 0 0 0 1 0, 0 .• ..0 : O, t:: Os . 922AAVE 0 0 0 0 =fl ..0; 0 0. 0 0,;, 924 A AVE 0 0 0 1 0 0 0 1 1 0 926t> AVE r Q. 9 2 1 D ... 0 0 0, 3 . 1 928AAVE 0 0 0 1 0 0 0 0 0 0 936 A AVE 0 1 1 0 1 0 0 0 0 0 938 A AVE 1 0 2 6 0 2 1 2 0 2 939AAVE 0 0 0 0 0 0 0 0 0 0 940AAVE 0 0 0 0 0 0 0 0 0 0 DOE PLAZA BL 2 3 1 2 1 1 1 3 2 0 5 Total 102 84 82 89 82 67 67 45 36 48 (Note: January was not included here, since actual police presence was not increased until February 2002. Therefore the total number of calls for service in this time frame is less than that listed in the previous 2001/2002 comparisons.) RECOMMEMDATIONS: Police Department: With many of the goals of the original project plan having been met, I hereby suggest that the Chief of Police consider the following: I . Closure of the original project plan. This is necessary, since the original project included many problems that have been resolved and involves a large geographic area. Complaints are now specifically focused on the Trophy Lounge. Closing the overall project will allow direct focus on the remaining complaints. 2. Continued involvement in the Downtown Business Coalition. 3: Continued involvement with the 900" `A" Avenue Neighborhood Watch group. 4. Continued involvement in problem solving on issues specifically related to the Trophy Lounge. To include, but not limited to: •' When possible, extra patrol with strict enforcement. • Special Enforcement coordinated by the Neighborhood Policing Team. • Continued work with Trophy Lounge Management, the Heritage Square Neighborhoods Watch group and the CDC to develop a plan for long-term resolution to neighborhood complaints. 7 Community Development Commission and/or City Council:.. Consideration of a plan, which may include anyor all of the following: 1. Closure of the alley behind the Trophy Lounge at Plaza Blvd, allowing access from 9th Street. 2. Extend the "F" Parking permit area to include both sides of the 100 block of East 9s` Street. 3. Requesting a zoning change in order that the owner of the Trophy Lounge may take'advantage of the property owned on the south side of Plaza Blvd and west of "A" Avenue to build a fenced, sound restricted, lighted, secureparking lot for the Trophy Lounge. ' 4. Installation of additional decorative lighting at the front of "Kimball House". At night the area near the front of the house'is very dark and attracts peiapie that wish to be out ofview(Thishas ''included transients` and people using drugs/alcohol). I would reconiniend a. light at the north and south grid of the house at the retaining wall leading up to the gtassy'front. I Would also recommend that the present wattage of the decorative +lights along the 900 block of "A" Avenue be increased to allow for better lighting -in this area. 5. Designation of a "Cab Stand" on the north side of the 00 block of East Plaza Blvd, adjacent and just east of the red curb thatis already present. 6. I recommend that a dialogue be opened with the owners of the property along the west alley of the 900 block of "A" Avenue to develop a plan to repair and/or replace the fencing along the alley; which is in a state of poor and/or unsightly repair: 7. Ensure -that: iftplans are approved for the renovation of the Trophy Lounge, the plans include: . `.• Adequate soundproofing. An entrance off of the sidewalk and away from the east side of the property to provide space for patrons waiting to enter. • An isolated s noking`area away from other'busmesses. • Appropriate parking. • Recommendations from Heritage Square Neighborhood Watch Group: (Note: (21) families attending the Heritage Square Neighborhood Watch meeting on December 1st voiced the following recommendations. Janice Martinelli forwarded the list of recommendations to me. This list does not necessarily reflect the views of the Chief of Police or Police Department Staff. It is contained herein to provide information to the reader concerning the desires of the Heritage Square Neighborhood Watch Group.) • Address parking problems • Change the name of the club • No dance floor • Close at 12:00 p.m. • Add food service, change licensing to restaurant with bar • Cater to neighborhood and students 8 • Do not expand —Reduce size • Trophy Lounge to Provide adequate bathrooms • Trophy Lounge te Provide'an indoorSmoking area facing NC Blvd ' • Trophy Lounge to build a 12 foot sound wall adjacent to Brick Row with a roof to keep noise contained • Stop offering Hip Hop music • National City to make cul-de-sac at Plaza and A Averiue to avoid cruising and walking past by.bar patrons. • NC repair broken streetlights and use brighter globes ;at Heritage Square. • Na to enforce no Parking at night in Brick Rev street parking spaces, • Continue resident parking from 200 Block of L)th to NC BlVd. For new yellow Row homes ; • fP, • Better Lighting in alley behind Brick Row • , Consider putting gate or posts in entrances to alley -behind brick row • • Better lighting at Ii 84,A4 Goodies and enforce no loitering .and no parking., • Install tow away signs and enforce :them at H ,& M Goodies , • to finistrelectric gate into •entrance of new Yellow Row homes so homeowners can feel safe when they enter their parking lot.. ADDITIONAL INFORMATION: I have reviewed the Private Investigator's report (and supplemental report) submitted to the Chief of Police by Janice Martinelli Unfortunately; much of.theinformation contained within does not meet the guidelines for criminal prosecution. Facts concerning prostitution and drug use within the Trophy. Lounge were general in nature and no request for police service was made at the time the alleged offenses were being committed. Since prior investigations by the National City Police DepartmerdNeighborhood Policing Team did not uncover significant violations of Me serious type mentioned within therepoits, I intend to further investigate the allegations contained within the remts Iltsing the full resources of the Police.Department and outside agency support as needed. Continued extra patrol and strict enforcement in the area around the Trophy Lounge will be maintained to deter activity identified by the Private Investigator's.pbotograplis and video recording. Gary K. Clark, Lieutenant Operations Division/Team II National City Police Department 9 To: OLD -BUSINESS Cityof National City **Continued from Council y meting of 12/3/02 Office of the City Clerk 12/17/02 :ITEM #18 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 Mayor -Elect Nick Inzunza Councilman Ron Morrison Councilman -Elect Frank Parra Councilman -Elect Louie Natividad From: Michael Dalla, City Clerk Subject: City Council Vacancy Date: November 8, 2002 The outcome of the November 5, 2002 Municipal Election will result in a vacancy on the City Council. That upcoming vacancy has prompted a number of questions regarding the process and options available to fill it. What follows is a review of some of the issues you should be aware of as you consider the most desirable course of action to take. Section 36512 (b) of the Government Code provides as follows: If a vacancy occurs in an elective office provided for in this chapter, the Council shall, within 30 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. Appointment Process If the City Council determines to appoint someone to fill the vacancy, there is no formal procedure laid out in the Government Code that must be followed. The Council can determine their own procedure, provided all discussions and decisions about the procedure to be followed and the selection process itself are conducted in open session. The Brown Act prohibits a quorum — whether in a group or seriatim — of Councilmembers from discussing among themselves either the ear PPr.,nl,.d PanPr appointment process or prospective appointees when not in open session. Those provisions of the Brown Act apply equally to newly -elected Councilmembers who have not yet assumed office. (Government Code Section 54952.1) Time Constraints The Council vacancy will be created on December 3, 2002 when the new members take the oath of office. The 30-day window for appointment or calling an election ends January 3, 2003. The next and only Regular Meeting of the City Council after December 3, 2002 and prior to the January 3, 2003 deadline will be on December 17, 2002. If an appointment process is to be pursued, a special meeting(s) may be necessary to allow sufficient time to establish and complete the process within the 30-day statutory deadline. Obviously, time is of the essence in this matter. If the City Council fails to make an appointment within the 30-day statutory deadline and "If the City Council does not call an election...the vacancy shall be filled at the next regularly established election date." (Section 36512 (d) (3) of the Government Code). In other words, if you neither appoint nor call an election by January 3, 2003, then the seat will remain vacant until a Special Election can be held on June 3, 2003. The cost of a stand-alone Special Election will be between $70,000 to $80,000. There is a possibility of appointing someone to fill the vacancy until the Special Election is held, provided an appropriate Urgency Ordinance is adopted. That would be allowed under Government Code Section 36512 (c) (3) which reads, in part: "Not withstanding subdivision (b), a city may enact an ordinance which....provides that a person appointed to fill a vacancy on the City Council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term." I have reviewed this memorandum with the City Attorney, who concurs with the conclusions stated herein. MRD/mla cc: City Manager City Attorney CDC Director OLD BUSINESS City of National City, California Continued., from Council COUNCIL AGENDA STATEMENT N eting of 12/3/02 ETINICs DATE December 17, 2002 AGENDA ITEM NO. 19 (-ITEM TICE ADJUSTMENTS IN COMPENSATION FOR MAYOR AND CITY COUNCIL AND FOR CDC CHAIRMAN AND BOARD MEMBERS PREPARED BY George H. Eiser, III EXPLANATION 4DEPARTMENT City Attorney 0 Please see attached memorandum. Environmental Review X ICA Financial Statement N/A STAFF RECOMMENDATION Direction to staff is requested. Approved Bya Finance Director Account No. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS L st elow ) Memorandum. ed Resciution N o. A-2G0 (9 99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: November 25, 2002 FROM: City Attorney SUBJECT: Adjustments in Compensation for Mayor and City Council and CDC Chairman and Board Members The last salary adjustment for the Mayor and City Council occurred on January 9, 2001, with the enactment of Ordinance No. 2001-2179. That ordinance provided that the salaries for the Mayor, City Council, and Chairman and Board Members of the Community Development Commission shall be increased by the same percentages, on the same dates, and subject to the same conditions as the salary increases for Municipal Employees' Association Members. Accordingly, the current base monthly salary of the City Council is $826.55, the monthly salary of the Mayor is $3,864.54, and the monthly salary of the Chairman and Membersof the Community Development Commission is $826.55. Government Code Section 36516.5 provides that a change in compensation does not apply to a councilman during his term in office. However, compensation for all members of the City Council may be adjusted whenever one or more members become eligible for an increase by virtue of beginning a new term of office. As a result, adjustments to compensation of Council members have been geared to elections at which members begin a new term in office. Pursuant to Government Code Section 36516(c), the Council may, by ordinance, increase its compensation by 5% per calendar year from the date of the last increase in compensation. Accordingly, the City Council may at this time increase its monthly salary by 10%, up to $909.20. Pursuant to Government Code Section 36516.1, an elected mayor may be provided with compensation in addition to that which he receives as a councilman, pursuant to an ordinance or by a vote of the electors at a municipal election. There are no limitations imposed on the amount of the mayor's compensation. If the Mayor's compensation were increased by 10% as in the case of the City Council, the Mayor's monthly salary would be $4,250.99. a) Recycled Paper Adjustments in Compensation November 25, 2002 Page Two An alternative method for dealing with city council compensation is found in Government Code Section 36516(b), which provides: At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shqll receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner. Health and Safety Code Section 34130 (part of the Community Redevelopment Law) states that the City Council may provide for the compensation of members of the Community Development Commission. There are no limits stated with respect to the amount of compensation, or with respect to the timing of any adjustments in compensation. Past practice has been for the Chair and Members of the Community Development Commission to receive the same compensation as the City Council, and for adjustments to be made at the same time as adjustments in City Council compensation. Ordinance No. 91-2000 provides that "the salary for the Chairman and each member shall hereafter be the same as that paid each member of the City Council of the City of National City." Accordingly, the compensation for the Chairman and members of the CDC, if modified, would be set at $909.20. If the City Council desires to adjust the salaries of the Mayor, City Council and CDC Chairman and Board Members, the Council has the following options: 1. Adjust the salary of the Mayor, City Council members, and CDC Board Members by an amount not to exceed 10% from the last salary adjustment. 2. Adjust the salary of the Mayor, City Council members and CDC Board Members by the same percentages, on the same dates, and subject to the same conditions as the salary increases for Municipal Employees' Association members, not to exceed 10% from the last salary adjustment. 3. Adjust the salary of the Mayor and CDC Board in such alternative and/or additional amounts as the Council may determine. Lastly, Government Code Section 36516(d) provides: Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees. Adjustments in Compensation November 25, 2002 Page Three Accordingly, it is appropriate for the Council to consider at this time any adjustments to compensation other than salary. /44.4&:. GEORGE H. EISER, Ill City Attorney GHE/gmo EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 17, 2002 20 AGENDA ITEM NO. ITEM TITLE REQUEST BY THE NATIONAL CITY CHAMBER OF COMMERCE TO SERVE ALCOHOL AT THEIR ANNUAL DINNER PREPARED BY Burton Myers 336-4580 DEPARTMENT Public Works EXPLANATPON The National City Chamber of Commerce will be holding their annual dinner for approximately 300 people in the Community Center on Saturday February 1, 2003. As the Chamber of Commerce is a service organization, they are allowed to use the Community Center at no cost. This request is to approve their use of alcohol at the dinner. Environmental Review X NIA Financial Statement N/A STAFF RECOMMENDATION Council decision on whether ambe ot-commerce BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No, 1. Application for use of the Community Center l 2. Letter dated November 20, 2002 from the National City Chamber of Commerce A.200 y9.99; Approved By: Finance Director Account No. flowed to serve alcohol. NoV'-18-02 05:25P P.01 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 City Chamber of Commerce Business Address: 711 "A" Avenue - National City, CA 91950 Name of Applicant: _ Edith Hughes, C.E.O. Address: 1104 Manchester St. - National City, CA 91950 Telephone Number: day (619 477-9339 evening (619 475-6124 Type of Function: Chamber of Commerce Annual Dinner Date Requested: _ Saturday, February 1, 2003 Decorating Time: _ 10 a.m. (am/pm) to 5 p.m. (am/pm) Function Time: 6 p.m. _ (am/pm) to 9 p.m. (am/pm) Clean up Time: 9 p.m (am/pm) to 11 p.m. _ (am/pm) Use of Kitchen: no x yes If yes, Time: _ 10 a.kam/pm) to 9 p.m. (am/pm) Number of Participants: 300 Will Admission be charged? yes If yes, Amount $45.00 for dinner Will this event be used as a fund raising event? no Will alcohol be served? yes If yes, ABC Permit Submitted? yes Certificate of Insurance attached? yes _ Special configuration of tables or chairs required? yes Special equipment required? , p A If yes, attach list. Copy of Rules & Regulations provided? yes Initials r1 J 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 Cn:y's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. ? Signature of Applicant rev. 09/02 If yes, attach sketch. To Come Nov-18-02 11:48A P.02 CITY OF NATIONAL CITY PUBLIC ANDINDEMNIFICATION AGREEMENT SS 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. National City Chamber of Commerce — Organinbon Edith Hughes, C.E.O. Person in charge of activity 711 "A" Avenue - National City, CA Telephone (619) 477-9339 Address Martin Luther King, Jr. Community Center City facilities and/or property requested - Saturday, February 11, 2003� 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 relate litigation and other liability, including attorneys fees and the costs of litigation, arisinge utoof'or agentd, r ts e to the Use of public property or the activity taken under the permit by the p employees or contractors. _ it/A Signature of Applicant ___Ch,141—ENe.c.utivc Offieer Official Title Certificate of Insurance Approved by _ — Name and Title Dater. / revs. 09/02 Q�iI�I�I�IIiJ�� THE CHAMBER 2i11E1? 0 F COO November 20, 2002 The Honorable Mayor and City Council City of National City 1243 National City Boulevard National City, CA 91950 Dear Mayor and Council: 711 A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org The National City Chamber of Commerce would like to hold our Annual Dinner and Installation of Officers at the Martin Luther King, Jr. Community Building on Saturday evening, February 1, 2003. We anticipate a crowd of around 300. The Community Building is reserved and we are requesting that you WAIVE THE RENTAL AND CUSTODIAL FEES. We also request permission to have alcoholic beverages at the reception and with the dinner. The Caterer will obtain the liquor permit. Your consideration of this request will be appreciated. Sincerely, Edith Hughes Chief Executive Officer "Building for the New Millennium" AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 17, 2002 AGENDA ITEM NO. 21 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE COUNTY OF SAN DIEGO AND WAIVER OF FEES PREPARED BY Burton Myers 336-4580 DEPARTMENT Public Works EXPLANATION The County of San Diego, Health and Human Services Agency - South Region, is requesting use of the North Room and kitchen of the Community Center on Thursday January 30, 2003 from 10:00 am until 5:00 pm. They plan on holding an all staff forum. They will be expecting approximately 350 people. Costs: Building: $615.65 Custodial: 167.55 Kitchen: 70.00 Total: $853.20 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. Environmental Review XN/A Financial Statement Approved By Loss of $853.20 to the general fund if waiver of fees is approved. STAFF RECOMMENDATI It is recommended thatCouse make a decision regarding the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. mun ity Center as requested and that Council ATTACHMENTS ( Listed Below ) 1. Application for use of the Community Center 2. County of San Diego letter dated November 21, 2002 Resolution No. A-200 L9.99) Nov'-15-02 04:26P P.02 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". County of San Diego Name of Organization: _ Health and Human Services Agency, South Region Business Address: Name of Applicant: Address: 690 Oxford Street, Chula Vista, CA 91910 Betty A. Morell, Deputy Director Same Telephone Number: day 1409. 3302 evening ( )N/A Type of Function: All Staff Forum - 2003 Date Requested: January 30, 2003 Decorating Time: 10 : 0 0 (amioiviil to 5 : 0 0 _._ __.. (►!pm) Function Time: 1: 00 (apm) to 4: 0 0 '.1Now/pm) Clean up Time: 4: 00 (sr/pm) to 5: 00 (arei/prn) Use of Kitchen: ,X no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: approx . 3 5 0 Will Admission be charged? N/A If yes, Amount $ Will this event be used as a fund raising event? No Will alcohol be served? No If yes, ABC Permit Submitted? Certificate of Insurance attached? Yes Special configuration of tables or chairs required? Yes Special equipment required? No If yes, attach list. Copy of Rules & Regulations provided? Yes Initials If yes, attach sketch. 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 properly taxation and that Applicant maybe 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 Citpy's facility Signature of Applicant /i/?i7 -. Date rev. 09/02 Nov-15-02 04:27P P.03 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. County of San Diego Health and Human Services Agency, South Region Organization Person in charge of activity Betty A. Morell, Deputy Director Address 690 Oxford St. , Chula Vista 9191Qeiephone 619.409.3302 City facilities and/or property requested Martin Luther King Jr . Community Center Date(s) of use _. January 3 0, 2003 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 properly damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related `o the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Certificate of Insurance Approved by Name and Title Date rev. 09102 RODGER G. LUM, Ph.D. DIRECTOR BETTY A. MORELL DEPUTY DIRECTOR November 21, 2002 Mary Lee Augustine Department of Public Works City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Augustine: Count of (*art Pieso HEALTH AND HUMAN SERVICES AGENCY SOUTH REGION 690 OXFORD STREET, SUITE A, CHULA VISTA, CA 91911 (619) 409-3302 • FAX (619) 409-3304 ❑ CALIFORNIA CHILDREN SERVICES 6160 MISSION GORGE ROAD SAN DIEGO, CA 92120 (519) 528-4000 ❑ CHILDRENS SERVICES 1000 BAY MARINA DRIVE NATIONAL CITY, CA 91950 (619) 336-5777 0 OFFICE OF VIOLENCE PREVENTION 4438 INGRAHAM STREET. 42 SAN DIEGO, CA 92109 (858) 581-5880 690 OXFORD STREET CHULA VISTA, CA 91911 ❑ CHILDRENS SERVICES SUITE C (619)409-3179 ❑ FAMILY RESOURCE CENTER SUITE E (619)427-9660 ❑ PUBLIC HEALTH CENTER SUITE H (619)409-3110 Thank you for tentatively reserving the Martin Luther King, Jr. Community Center for January 30, 2003 from 10:00 a.m. to 5:00 p.m. As per our previous discussion, the County of San Diego, Health and Human Services Agency, South Region will be holding its annual "All Staff Forum" on the above date. Approximately 350 staff will be attending this event. Enclosed is the application for use of the Center and a copy of the required Certificate of Insurance for processing. I am in receipt of a copy of the Rules and Regulations regarding usage of the Center and fully understand all requirements. As a governmental agency, we are respectfully requesting the fee be waived for costs associated with usage of the Center, e.g., access to the main hall as well as custodial services. It is our understanding that this request is at the discretion of the National City Council and that you will advise us accordingly of their decision. If you have any questions, please call me at 619/409-3400. We appreciate your cooperation and timely response in this request. Sincerely, ELIZABEFH FLORES, Administrative Secretary Health and Human Services Agency, South Region /ef Enclosures City of National City, California COUNCIL AGENDA STATEMENT .riEETING DATE December 17, 2002 AGENDA ITEM NO. 22 (-ITEM TITLE -NN\ REQUEST FOR USE OF THE COMMUNITY CENTER BY THE NATIONAL CITY COMMUNITY CONCERT BAND AND WAIVER OF FEES PREPARED BY Burton Myers 336-4580 DEPARTMENT Public Works EXPLANATION I he National City Community Concert Band is requesting use of the Community Center on three different dates in 2003, February 19, May 7 and October 22, to hold a public concert for the citizens of Naitonal City. They are requesting the Center from 8:00 am until 9:00 pm. The concert will be from 7:00 pm until 8:30 pm. They will be expecting 400 people. A waiver of fees is also being requested. Costs: Building: $1,143.35 Custodial: 234.57 Total: $1,379.92 x 3 days = $4 139.76 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". Environmental Review y N/A Financial Statement q ov d Loss of $4,139.76 if waiver of fees is a proved for the three dates �'Iqruested.ryly Finance Director Account No. STAFF RECOMMENDATION It is recommended that Count' prove e use of the C mmunity Center as requested and that Council make a decision regarding the aiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No. 1. Application for Use of the Community Center 2. Letter from the National City Community Concert Band dated November 21, 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: Business Address: Name of Applicant: Address: /1/4r `L Lh i ' (lonvolpv44 ti.vezttr lit- C '?o 3 tog? -t' Q i1/z. Telephone Number: day (>4(t 2j 7-' 6.424. evening ( ) 5R7ll Type of Function: Foes/ 'L)g11e CNGf./>t DateRequested: .2// 9 /D, v��/? 'ja3 �d�22/v 3 Decorating Time: p ' (am/pna) to° ale 4fa1 Function Time: (am/prra)`to Al5}8- Clean up Time: 8 3° P(am/pm) to PM (am/pm) (am/pm) (am/pm) Use of Kitchen: )<_no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: y00 Will Admission be charged? NO If yes, Amount $ Will this event be used as a fund raising event? ,v'O Will alcohol be served? /VD If yes, ABC Permit Submitted? A (2)01a) Certificate of Insurance attached? p,I/J pI..I;dL 74C Special configuration of tables or chairs required? ,/o� If yes, attach sketch. Sly. Al dA.4S Apremtview Special equipment required? 1/G S If yes, attach list. a mamph°N'e'S Copy of Rules & Regulations provided? 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 fac y. // Signa re of Applican 42 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 /V4ri• C 0"lyotuN l// ( 4/ A gi''FN9 Person in charge of activity &Q/ Address Pod 2r— 7 C:t• V•_,• Telephgn 40/4) a6>-�aaa City facilities and/or property requested 69MM . 31, q /0?-/o-‘R Date(s) of use 2/ 5/o 3 '0/7/d 3 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. J�'t21 r i/ZD01pZ Signature of Applican Official Title Date Certificate of Insurance Approved by Name and Title rev. 09/02 Burt Myers City of National City November 21, 2002 On behalf of the National City Community Concert Band, I am requesting the use of the National City Community Building on the following dates for free public concerts for the citizens of National City and their friends. I am also requesting that any fees normally charged for such use of the building be waived. Wednesday, February 19, 2003 Wednesday, May 7, 2003 Wednesday, October 22,2003 Thank you for your consideration in this matter. &6id C. Edward Reed Director, NCCCB City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 17, 2002 AGENDA ITEM NO, 23 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR AN INDUSTRIAL BUILDING AT THE NORTHWEST CORNER OF HARDING AVENUE AND W. 18TH STREET, ACROSS FROM ST. ANTHONY'S CHURCH (APPLICANT: WILLIAM N. THORNTON JR.) (CASE FILE NO. CUP-2002-16) PREPARED BY Roger Posy '336-4310 DEPARTMENT Planning EXPLANATION The project site is a 8,625 square foot parcel on the north side of W. 18th Street, across from St. Anthony's Church. The Light Manufacturing Residential (MLR) zoned site is relatively flat, with 115-feet of frontage on W. 18th and 75-feet on Harding Avenue; an unimproved alley runs along the western boundary. Currently, the site is developed with four older, one-story dwellings facing W. 18th Street; each unit has from 500-700 square feet of floor area and no on -site parking. The majority of nearby properties are developed with single-family homes and small apaitiuents; Kimball School is also close, across W. 18th Street. The applicant proposes a 3,300 square foot industrial building on the site; the existing dwellings would be removed. The new building would be 25-feet tall with a smooth concrete block exterior, a flat roof, and roll -up doors facing Harding and the alley. A parking lot with seven spaces is proposed in front of the building, with two additional spaces located off the alley. A six -foot -tall concrete block wall would be constructed along the northern property line to separate the building from an adjacent single-family home. The applicant indicates the future occupant of the building is not yet known. The Planning Commission held a public hearing on this item at their November 18, 2002 meeting. Representatives from Kimball School, St. Anthony's Church, and area residents, as well as Community Development Commission staff spoke against the project. They stated that the proposed industrial use would not be compatible with the primarily residential neighborhood. Staff noted the project does not comply with several Design Guidelines, and that previous requests for changes were not incorporated. Commissioners concluded that an industrial use at the site would not be compatible with the area and voted unanimously to deny the project. X Categorical Exemption Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes —Unanimous ATTACHMENTS ( Lasted Below) Resolution No. 1. Planning Commission Resolution No. 32-2002 2. Location Map 3. Site photos 4. Reduced site plan and elevations A-200 (9.99) RESOLUTION NO. 32-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR AN INDUSTRIAL BUILDING AT THE NORTHWEST CORNER OF HARDING AVENUE AND W. 18Tt STREET APPLICANT: WILLIAM N. THORNTON JR. CASE FILE NO. CUP-2002-16 WHEREAS, the Planning Commission of the City of National City, California considered a Conditional Use Permit application for an industrial building at the northwest corner of Harding Avenue and W. 18th Street at the public hearing held on November 18, 2002, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2002-16 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 18, 2002, fail to support findings, required by the Municipal Code for granting any Conditional Use Permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission. at the public hearing held on November 18, 2002 support the following findings: 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since the design and proposed industrial use of the site is not compatible with existing homes and institutional uses in the area, and since the project conflicts with the City's General Plan which encourages new construction to adequately transition between existing uses and incorporate Design Guidelines to assure the highest quality development. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the proposed industrial use will disrupt the primarily residential and institutional character of the neighborhood. 3. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the specific use of the proposed building is not known. BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use Permit application no. CUP-2002-16. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for 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. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 2, 2002 by the following vote: AYES: FLORES, UNGAB, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: AIRMAN MLR �� a1 o, ST. ANTHONYS o a� 100 Feet _ C � CHURCH KIMBALL SCHOOL IC -OS PROJECT LOCATION ZONE BOUNDARY LOCATION MAP 405-413 W. 12TH STREET CUP-2002-16 NATIONAL CITY PLANNING DRN DATE: 10I31 /2002 INITIAL HEARING: 11/18/2002 SITE PHOTOS Project site looking northwest across W. 18th Street Western half of site looking north across W. 18th Street Pa/safer,/ SI/Var aoALLey _. '_._ LOT 4 I' ✓r0 0" ter An,--„, 0 -d >•',a V Q ,f"TA OAdOf Nf B<mcN TWO S/U65' AI <•T60 N Z EL2v.. 0. ePOe.Ary - Nd --Z. A(Q TES __L .O X/L LO //e0:% Roo ONP//: TO w « y Nr'.— /.00rS fr.NE we-e, /e*.r." sT fiypgM1/', w, li, G}L/FO8NIA _ _ ly/y:vee/p•.L/Coxvc..4eVS>SG AaN P /V 3 . <eo/FL' PAtl///M' AA/AS SNAGL/ BG/ 0 /i rdAN e0: .I /0000 U%nuvo A/AP AV, -F' e IV O,cOR r ./4` t2,22 .WA^e 8 5/22,1/RG/ rO t• L NO Ira.p4K a ALL LOOre nae5^.-'rr. ae s7E/:v0L [Oro ¢ OTLO7.n AEA BLtlT PO.ir S LH3i*0 50 fT G A95CSior.,ON'$ NO 55V-OBT-e N/Nr8 E Id/Nk 9Fnee$ 9 T7ASH. O/N SATE < 9E. 9LA µ' 5 01/TN s<ATS (0/I-OOroc/✓$ 11 MVL e+ Au O ia•--0S. 0 n6 S:s/V E 4¢N. c/rY AemOueu+vr ,'FAVr NAET7N/.f. IS`UP///ZC%.0/ >5' ➢CACI,Ty SPCCS, B T-C EegJ Etlfe"e 91a �� ..le. §iF o morn, pnxer.vC - 15'0' /)/L' Kr ELEv/.95 r O vE el,' — _ _ _O Ga ve _OIL/ //00m+ hj 4 -5r0:0S AAR). AAA(." SIOONRLER WOO. PLAN 05IVERAL PURPOSE WDUS7`l/AL BOIL PING 3300 FS 1.075 /3•//{./S. Rh I/C NAT/OA/AL C/Ty Nc//L:C MFP 000347" -e011 -rtrrr 7/we wI rv3 oar.a QECONATlVF RHO kEC 8Go*v / FO4A 3IOE$ 4' 0//CO o'-So,G / .007E n/aewd- --kb/oe e/O.A.". 9h22 Ge{ee SECTION FA IAIRALAr ALL FANC //NAN pCCe6T rr r 0C1/ Pt_I /Nk.T— SECTION C-C 5[A,- /01 •/-o O" 111,6 1 fo�N Cfle T✓ SN6--L se - SEC B-B 'Par r Oln000r NOfl l/ 22222,2Ty uur 0o/Y p 5 6 tem.,U PRELIMINAR j`LA/1/5 4440 r01 /.e ono er. 2, Dream En 9%1S 419 SB9 50 73 Rohr 2 Ot ¢ o" 000PAATY c/Us ]O'.O An,zurA,w µA69 w Ha. PARK flW-W r1' c. - Onr: 8<.GE reaon NOOF RAIN 95S.5,55,, —, SRAM, CHinesze, 57NE F -i\ F A r FC//CE PROPW.v*'/ L'-O //E/cxr . EAST COG,' 0, 5545,5, L v 0.0 - r_ SOUTH ELLAA71OW y.a.—__._._ .—.____-- 64_0' 09 wAa7 r+ 'Cti_!-' 4' O• a-4Y'O'+- \ — w/Nnawi S 0 5555 w SAFt P /L' 0 O onus" �\ p_Q. —ro - i "A88. OnA/N - !/!/EST ELE/A 7 0M RAMP 4,4 Fl roue A s<6v 3/s7 5757,515 ALLEY — 5/O0'57.9L/f /,.30' 0t5,v SoKOATY uMC _ i_ PRELJMIIVARY PLANS W/LL/AN IV. TNO(oAi%O/.l JP. 06Ne0 Q SM/LOEA 4«4 AL PM O OR., SPA, O/FOG, CA 93//S r93.4073- INSET A OF 4 City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE December 17, 2002 AGENDA ITEM NO. 24 (-ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A FITNESS CENTER IN THE SWEETWATER PLAZA SHOPPING CENTER (APPLICANT: NANCY SANTOS) (CASE FILE NO. CUP-2002-20) PREPARED BY Roger Post tlik DEPARTMENT Planning (619) 336-4310 EXPLANATION The project is in the Sweetwater Plaza Shopping Center, north of Sweetwater Road between Grove and Prospect Streets. The center includes several buildings on a roughly 6.5 acre site in the CG-PD (General Commercial -Planned Development) zone. Uses in the center consist of restaurants, offices, and retail businesses. The applicant will utilize a 1,250 square foot suite near the middle of the shopping center as a Curves for Women (Curves) fitness center. Curves is a franchise business with over 5,000 locations worldwide. Between ten and sixteen equipment stations will be placed in the suite, staffed by 2-3 employees. The applicant anticipates no more than twenty members in attendance at any one time. Hours of operation are from 7 A.M. to 7 P.M. on weekdays, and on Saturdays from 8 A.M. to 11 A.M. The Planning Commission held a public hearing on this item at their November 18, 2002 meeting. There was no testimony in opposition to the proposal. Commissioners noted that the small fitness center would generate little more traffic or parking demand than a retail or office business in the same location and voted unanimously to approve the project. Environmental Review X N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes —Unanimous ATTACHMENTS ( Listed Below 1. Planning Commission Resolution No. 31-2002 2. Location Map A-200 19. 991 Resolution No. 3. Site photos 4. Reduced site plan and elevations RESOLUTION NO. 31-2002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A FITNESS CENTER IN THE SWEETWATER PLAZA SHOPPING CENTER APPLICANT: NANCY D. SANTOS CASE FILE NO. CUP-2002-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a fitness center in the Sweetwater Plaza Shopping Center at a duly advertised public hearing held on November 18, 2002 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2002-20, 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 November 18, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1,250 square foot suite is large enough to accommodate the proposed fitness facility since no more than 20 people are expected to occupy the suite at any one time. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by Sweetwater Road, an arterial street currently operating below capacity, and since the small fitness center is not expected to generate more traffic than a typical retail business at the same location. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will occupy an existing suite in a shopping center with adequate parking available to handle the expected traffic from the use, and since potential noise from the use will be minimized by a conditions of approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide additional opportunities for the public to improve their health through exercise. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a fitness center in the Sweetwater Plaza Shopping Center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2002-20, dated October 15, 2002. 2. No more than 40 persons shall occupy the fitness center at any one time. 3. Music provided at the center shall be kept at a level that does not adversely affect adjoining business and the entrance door(s) shall remain closed during workout times. 4. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and Handicapped Regulations. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 2, 2002, by the following vote: AYES: FLORES, UNGAB, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: 1727 Sweetwater Road SI E PHOTOS Project site looking north from Sweetwater Road; applicant's suite is on the first floor, near the left side of the photo Proposed fitness center storefront on left half on photo, on first floor SWEETWATER PLAZA EAST SLOPPING CENTER 1717 - 1747 SWEETWATER ROAD NATIONAL CITY C.A. 91950 ma DO NOT REMOVE i ,9Ndir u O P PU NATIONAL CITY, Gag. 1S25 b PROFESSIONAL OFFICE BUILDING 16i5 I if BLOCK-. EFr SWEETWATER ^ SUST' ROAD f NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2002-20 DATE: 10/15/2002 SECOND LEVEL GROVE'STREET CASA ol DEJ. TACO :ALBERTO_S 1717 GOODYEAR Ai SWEETWATER ROAD (200) n- Q R S T 1727 rTACO BEL& actFss l-ApoaR PoLYSTRENE CORNICE wf sTucco FNIH WD. FASCIA PARTIAL SOUTH 12/17/02 ITEM #25 NO ATTACHMENTS MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING Yarn W i lean FROM EL CAJON CITY ATTORNEY tr .tom - 321b-Gfi2S TO 95962718 P P.02 LeC 11 uG u j: u'Fa DEC-11-2002 08:24 OFlCE OF THE MAYOR December 10, 2002 Joe Amato, Director Fairest of the Fair Pageant 22nd District Agricultural Association 2260 Jimmy Durante Boulevard Del Mar CA.920I4-2210 Re: Miss El Cajon Scholarship Pageant Dear Mr. Amato: TELePMONE (619), 441 - i 780 It has come to the attention of my office and the City Council of the City of El Cajon that your organization has recently taken an ill-advised approach to the operations of the Fairest of the,Fair Miss San Diego County Pageant Program, in an effort to control both the pre -Fairest of the Fair and post -Fairest of the Fair activities of local area pageants, such as the annual Miss El Cajon Scholarship Pageant. Specifically, the City Council has been informed that the 22nd District Agricultural Association has recently filed with the County Recorder's Office a Fictitious Business Name Statement, in an effort to appropriate and preserve the name, "Miss El Cajon," for the sole use of those organizations under contract with the Fairest of the Fair Pageant. We are outraged by such an action and demand that you immediately file a Statement of Withdrawal of this filing. Our reasons for this demand include not only that such an attempt to appropriate the name jeopardizes the historical local flavor and control of our pageant, but also that the use of the name, "Miss El Cajon," has been under the control of the City of El Cajon, with permission given to the local area pageant operators, for over 50 years. The current Miss El Cajon Scholarship Pageant is operated by a non-profit corporation, the Miss El Cajon Scholarship Association, which received a determination letter from the Internal Revenue Service that it qualifies for exemption from federal income tax as an organization described in section 501(c)(3) of the Internal Revenue 200 EAST MAIN STREET • El. CAJON. CAUFORNIA 92020 O •.i+arr..vr+.s popsy Dec 11 02 09:04a Pam Wilson 619 - 596-2719 DEC-11-4 2 ere:24 FROM EL CAJON CITY ATTORNEY TO 95962410 p.2 P.03 Joe Amaro December 10, 2002 Page 2o'f3 Code, The City of El Cajon has permitted the Miss El Cajon Scholarship Association to use the title of" Miss El Cajon" for its programs and selected scholarship recipient prior to its incorporation. Our understanding of tax laws is that the requirements recently established by your organization, which you insist upon imposing on the Association and scholarship award recipients, would Jeopardize the Association's tax exempt status under federal regulations. In addition to the serious tax consequences to the Association, we' believe that the mere fact that you have filed a Fictitious Business Name Statement was illegal and does not provide any tight to use of the name, "Miss El Cajon," by your organization or any affiliate of the 22nd District Agricultural Association. The name, "Miss El Cajon," has been protected under common law trademark tights by providing the services performed by the recipient of our local pageant for many years. These services include acting as an ambassador for the City of El Cajon — a service acknowledged by your own program as a finution of the local area pageants. If you intend on excluding the Miss El Cajon Scholarship Association from the Fairest of • the Fair Pageant, for the simple reason that the Association refuses to enter into an agreement with your organization, rest assured that we will investigate the possibility of prohibiting you from establishing a different local area pageant, utilizing the Miss Et Cajon title. If you insist on establishing a new local area pageant, without the permission of the City of El Cajon end the Association, it would not be consistent with our practice — of the last 56 years— of recognizing that individual as Miss El Cajon, and we will further consider court action to protect our historical interests in that title and in our common law trademark lights. This would be most unfelmmate for the many young women in our community who have come to take great pride in participating in our scholarship pageant under the leadership of the Association, particularly if your organization would refuse to recognize their accomplishments and prohibit their participation in your annual pageant. I am troubled that you have taken it upon yourself to so change the nature of the Fairest of the Fair Pageant to create such controversy, particularly in light of the fact that it might hinder the growth and educational efforts of our future leaders of E1 Cajon. We strongly recommend that you reverse this recent series of miss -steps and restore the integrity of the Fairest of the Fair Pageant by recognizing that the Was El Cajon Scholarship Association is entitled to continue to use the title, "Miss El Cajon," without Dec 11 02 09:04a Pam Wilson 619 - 596-2719 DEC-11-2002 09:24 FROM EL CAJON C1TY ATTORNEY TO 9596271E P.9 P.04 Joe Amara December 10, 2002 Page 3 of 3 the need for binding agreerrients with the 22nd District Agricultural Association, and further without the necessity of judicial intervention on the pant of the Association and the City of El Cajon. Please govern yourselves accordingly. Sincerely, Mark Lewis Mayor City of El Cajon cc: Council Members Bill Garrett, City Manager Morgan L. Foley, City Attorney Jillian Hanson -Cox Gov. Gray Davis Barry Nussbaum, Prraident 22nd District Agricultural Association TOTAL P.04 FACTS 22ND District Agricultural Association filed Fictitious Names on October 3, 2002 for every City/Community in San Diego that currently has a local area pageant without notification to the Area Pageant Directors, City Councils, and/or Chamber of Commerces. It is believed that this was done intentionally to prevent any other areas to pull out of the FOF System (currently two have pulled out). By the 22nd D.A.A. filing these names without each city/community's knowledge, it goes against the 22nd D.A.A.'s statements listed in their "Values" and "Vision Statement" as follows: "Vision Statement" Line Item 2 - The community is our partner in the success of our program. "Values" Line Items 1 - Community: We are committed to gain and maintain the support and respect of the community; "Values" Line Item 4 - Communication: We are committed as a program, to open and honest communication. We encourage openness between all pageant committee members, in a timely and effective manner; "Values" Line Item 5 - Teamwork: We value individuals who promote and encourage teamwork. Working together is the key to our success; and "Values" Line Item 8 - Character: We are committed to honesty, integrity, and a strong work ethic, treating everyone with dignity and respect. It is believed that the fictitious names were filed because other area pageants pulled out of the FOF Pageant System and they (22"d DAA) wanted to secure actual city names and prevent anyone from using them that were not going to go into the FOF System. • The Fairest of the Fair Pageant started in 1936. It had a 10 year hiatus and resumed in 1946. The F.O.F. Queen was and still is the official hostess of the San Diego County Fair. • Most cities and/or communities joined other areas by selecting a representative to reign over their area and its businesses - thus an increase of goodwill ambassadors were being borned. Goodwill ambassadors are encouraged to attend and work fundraisers, charitable events, speak at business ethnic groups for high school students, talk to children at various levels of schooling as a special guest to encourage good behavior and doing homework, work hand in hand with the D.A.R.E. program as a role model, attend city events, grand openings, work with the homeless, visit and read to senior citizens at resident homes, visit terminally ill children at Childrens Hospital, etc. Most City Goodwill Ambassadors are very much involved with their community. The area titles have never belonged to the 22"d D.A.A., the titles have always belonged to the cities. IIaye 1 o4 3 "NEW" RULES AND REGULATIONS - F.O.F. PAGEANT CONTRACT Added: Line Item 13 ... (SEE Rules and Regulations - Fairest of the Fair Pageant) As a Fairest of the Fair Area Queen, she will not enter in any other pageant program without express written permission of the Fairest of the Fair Director until she relinquishes her title. This means that even with her city's blessing, she can not move forward to become Miss California, Miss USA, Miss America, etc.. We need to encourage our young ladies to follow their dreams if they wish to continue with other scholarship pageants, not hinder them. Pageantry was and still is used to launch careers as shown by the caliber of women whose stint in pageantry launched their impressive careers (ie: Raquel Welsh, Barbara Mandrel, etc.) Taking this opportunity away from young women is an injustice to them. Added: Line Item 11 ... (SEE The 22"d District Agricultural Association, State of California, San Diego County Fair, has the following Responsibilities) Each area queen will be under contract with the 22" DAA from the time she signs the "Official Entry Form" to enter into an area pageant, and will remain under contract with the 22"d DAA until she relinquishes her title at the next pageant held to crown her successor. In addition, the FOF Contract will supercede each area's agreement with its own specifications. No local area contract will supercede or violate any tenants of the FOF contract Note: In the past, this only pertained "IF" the area titleholder won the title of F.O.F. Miss San Diego County. Now, even if an area titleholder does not win the FOF Pageant, the 22"d DAA Contract will supercede each local area's agreement if the director's sign the 22"d DAA's Directors Contract. The 22"d DAA seems to want to control the activities of each area titleholder for their entire year reign even if she does not win the F.O.F. title: it will limit growth and the opportunities set forth for these young ladies - most pageants offer scholarships. It is essential for the area directors to continue to manage the activities of their area titleholder at the local level; not the 22"d DAA who knows nothing what is going on in the various communities where these young women live in. The local area directors know what their communities need from their titleholders, not the 22"d DAA. This is not logical, especially most titleholders have "contractual relations: to their area/community. The areas participating in the FOF System has a contractual relation with the 22"d DAA to adhere to certain guidelines and will relinquish most of the contractual relations between their titleholder and their area if their ambassador/Queen becomes the Fairest of the Fair. The acceptance of a local area pageant into the FOF Program is that of the FOF Office The FOF History page notes that communities were invited to participate in the FOF Pageant; not forced to participate like they are now with the 22"d DAA filing the fictitious names to each area's city titles. flay 2 o4 3 The FOF Office states that they have the right to remove an Area Director from their position. The FOF will have control in making the final approval of an Area Director - Most directors work very hard to get their pageants to where they are today. They provide these young women guidance, support and mentoring. Hays 3 o. 3 22ND DISTRICT AGRICULTURAL ASSOCIATION State of California 2003 FAIREST OF THE FAIR LETTER OF AGREEMENT FOR AREA DIRECTORS & CO -DIRECTORS I, > Please print name as an Area Director or Co -Director, of, Please print pageant name participating in the Fairest of the Fair/Miss San Diego County Pageant system, do hereby agree to abide by the rules, regulations, policies, procedures, and recommendations as outlined in the Fairest of the Fair Director's Handbook. If for any reason I am not able to continue as a Director or Co -Director, I will submit a written letter of resignation, and I agree to return the Fairest of the Fair Director's Handbook to the Fairest of the Fair Office. As a Director or Co -Director I also agree that I will not enter in, or participate as a contestant in a pageant where I could find myself competing against a Fairest of the Fair Area Queen. I understand that the responsi_ bility of final approval of an area Director, and the acceptance of a local area pageant into the Fairest of the Fair Program is that of the Fairest of the Fair Office. I understand that if the Fairest of the Fair Office can show just cause in writing, that I can be put onprobation, and or removed from this position. I also understand that it is the responsibility of the Fairest of t_P Fair Oface to find a replacement Directoi Tn situations where a sponsoring organization of a local area pageant chooses a Director from amongst its members, the Fairest of the Fair Office will work closely with that organization and its recommendations to accept their choice for Director. NAME: AREA: CONTACT PHONE NUMBER: SIGNATURE: DATE: Revised 11/2/02 9-1 2260 Jimmy Durante Boulevard • Del Mar, California 92014-2216 TELEPHONE: S58/75.5.1161 • FAX: 858/755-7820 hup://www.delmarfair.com/dmfinfo 2003 RULES AND REGULATIONS 2003 OFFFIICIAL ENTRY FORM Each contestant in the Fairest of the Fair/Miss San Diego County Pageant must comply Miss Pageant with the following rules. Failure to comply will result in the forfeiture of the title and crown, and both will be transferred to the next qualified contestant, along with any and all prizes. Name 1. A contestant must be between the ages of 17 and 24 and not yet 25 by June 1st. If a contestant is 17, she must be a senior in an accredited high school. Phone ( ) Work ( 2. Contestant must have been born female, must be single, never have been married or had a marriage annulled, must never have given birth to a child or have been a mother, nor be pregnant, and must be Street of good moral character. 3. Contestant must be a resident of the area in which she will compete at least four (4) months prior to City Zip the area pageant. Residency is based on home address. Please submit a copy of drivers license or CA I.D., along with a copy of birth certificate with the "Official Entry Form" to the area director. If chosen as E-Mail Address queen she must maintain her physical residence in that area throughout her reign. 4. Contestant must be a United States citizen. Age Date of Birth: / 5. Contestant must not have been convicted of a crime of moral turpitude. 6. Contestant must not have appeared nude in any photo, movie, video, publication or event and must High School Graduated from agree not to appear in such during the year of her reign. 7. Falsification of any fact on the entry form will disqualify a contestant from further participation in the School Now Attending Fairest of the Fair/Miss San Diego County competition. 8. Contestant may compete in only one area pageant in a calendar year. Once chosen an area queen, a Grade Level contestant may not participate in the Fairest of the Fair/Miss San Diego County competition in subsequent years. Soc. Sec. It 9. Contestants will be judged on poise, personality, face and figure, sportswear and formal gown. Contestant will be responsible for all costs for her participation in the area pageant.The evening gown and sportswear for the Fairest of the Fair Pageant will be provided by the San Diego County Fair. 10. Contestant will take part in all rehearsals and appearances as scheduled by the area director and the Fairest of the Fair Director. 11. All appearances of the Fairest of the Fair/Miss San Diego County must be approved by the Fairest of the Fair Director. All transportation costs will be the responsibility of the contestant/queen. 12. Contestant must sign a model release and a contract outlining the duties of the area queen and the Fairest of the Fair, as determined by the Fairest of the Fair Director/Special Events Coordinator. 13. As an Area Queen, the contestant must participate in the Fairest of the Fair/Miss San Diego County Pageant which will be held in May, 2003. 14. As a Fairest of the Fair Area Queen, she will not enter in any other pageant program without express written permission of the Fairest of the Fair Director until she relinquishes her title. 15. The contestant agrees to defend, indemnify and hold harmless the San Diego County Fair, the 22nd DAA, the County of San Diego, and the State of California, from and against any liability, claim, loss or expense (including reasonable attorney's fees) arising out of any injury or damage which is caused by, arises from or is any way connected with participation in this program or event, excepting only that caused by the sole active negligence of the Fair. 1/We, certify that I have read and agree to abide by the "Rules and Regulations and that the information I/We, have provided on this "Official Entry Form" is true and correct. Contestant Signature Parents Signature if Contestant is 17 Name of Parents or Guardian Mail or return entry form to: November 15, 2002 22ND DISTRICT AGRICULTURAL ASSOCIATION State of California Sharone Duncan 4535 Alpine Blvd. Alpine CA 91901 Dear Sharone, This letter is to acknowledge receipt of your email dated November 10, 2002. Thank you for finally responding to me. You had a lot of questions, and I really would like to answer all of them. I have tried repeatedly to meet with you personally to discuss your continuing to be the Director for the Fairest of the Fair sanctioned Miss National City Pageant Program. I know that you have been extremely busy with your new career change. Please understand that the Fairest of the Fair Program has changed a lot over the last several years. It is not the same program it was five years ago. Good news, I will be having a make up meeting for all of the area directors that were not able to make the November 2, 2002, meeting earlier this month. It will be held on Wednesday, November 20, 2002, at 7:00PM at 9970 Carroll Canyon Road in Scripps Ranch. You are invited to attend. This year all of the area directors have been given a deadline of signing the Directors Letter of Agreement and confirming that they will be an area director for the 2003 Pageant year. That deadline is the end of the day on November 20, 2002. If you can attend the above mentioned meeting, you should have all of your questions answered and be able to sign the Directors Letter of Agreement. Once that is done you will be given posters and entry forms for next year. If you cannot attend, and if you desire to be the Director for the Fairest of the Fair sanctioned Miss National City Pageant Program for next year, you must make arrangements before the deadline date of November 20, 2002 to meet with me. We will go over the changes for the 2003 pageant year and hopefully answer all of your questions. Sincerely, Joe Amaro Fairest of the Fair Director (858) 755-1161 ext 2330 2260 Jimmy Durante Boulevard • Del Mar, California 92014-2216 TELEPHONE: 858/755-1161 • FAX: 858/755-7820 http://www.delmarfaincom/dmfinfo November 21, 2002 22ND DISTRICT AGRICULTURAL ASSOCIATION State of California Sharone Duncan 4535 Alpine Blvd. Alpine CA 91901 Dear Sharone, The deadline that was established for all of the area directors to turn in the signed Director's Letter of Agreement has come and gone. We have not heard from you at all. As was said before, it was hoped that you wanted to continue as director. An attempt was made to give you a couple of options because of your schedule with your new job. Since we have not heard from you, we take it that you are no longer interested in being the director. Please understand that as of December 1, 2002, you will no longer be the Director of the Fairest of the Fair sanctioned Miss National City Pageant and the Fairest of the Fair office will work towards putting someone else in that position. We wish to thank you for your years of service and ask that you please make arrangements to return the Director's Handbook to the Fairest of the Fair office. Sincerely, 2Amaro Fairest of the Fair Director (858) 755-1161 ext 2330 Cathy'Mordente Special Events Coordinator (858) 755-1161 ext 2346 2260 Jimmy Durante Boulevard • Del Mar, California 92014-2216 TELEPHONE: 858/755.1161 • FAX: 858/755.7820 http://www.delmarfaincom/dmfinfo Presented from Marla Mink to the: 22nd Agricultural District/Del Mar Fair December Board Meeting Dec. 10, 2002 In the early 1960s the then Del Mar Fair's Fairest of the Fair Director, came to our local Chamber of Commerce and City Councils asking for us to send our already in place ambassadors of our cities to their Fairest of the Fair pageant, in the hopes of having county wide support of the pageant, since it was the county fair. With that, also came the promise of having an open forum, (much like that of the knights of the round table in Camelot), where the directors once a year could all come together, and discuss suggestions, share ideas, discuss the scoring system and other rules and regulations, so that we may all be in agreement of what type of representation that we want in a young lady to be able to represent us, and or the Fair. Like a lot of our history, important beginnings and how they begun get lost as new individuals take over. The beliefs and values of why these cities came together and entrusted their young ladies to run in the Fairest of the Fair program has been lost in recent years, and most certainly in the last few months. For 57 years the Miss El Cajon pageant has been in place, for 53 years the Miss National City pageant has been in place. I cannot speak for the other areas and their longevity, but I can speak for those two, both of which I have been a director for, and I have been involved with the Fairest of the Fair program for 30 years. As a former Miss National City of 1973 I ask that the Fair Board please reevaluate their position of filing fictitious name ownerships on our city and community names and give them rightfully back to us and the community and cities that own them, who started them and who have financially supported them. I have a letter to deliver to you today, from our National City Chamber of Commerce Chief Executive Officer, Edith Hughes, who has held that position at the Nat'l City Chamber for 52 years and quite remembers when the Fair Representative came knocking on the door asking for the Chamber to send Miss National City into the Fairest of the Fair pageant to represent the city. The letter recognizes our city's long standing pageant history. We are asking that the 22nd Agricultural District Del Mar Fair file abandonment papers releasing the Miss National City title name. THE CHAMBER December 11, 2002 Mr. Barry Nussbaum, President 22nd Agricultural District Del Mar, California Dear Mr. Nussbaum: 711 A Avenue National City, CA 91950-2228 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org I am writing to you regarding a 53-year tradition in National City, our Miss National City Pageant. In my fifty-two years with the National City Chamber of Commerce I have worked closely with the Pageant and with our Miss National Citys. For twenty-one years Sharone and the former Miss National Citys have put on our Miss National City Pageant. They do an outstanding job. We want to see our Miss National City Pageant continued with local control. I would be happy to discuss this further with you. Just give me a call. Sincerely, Edith A. Hughes Chief Executive Officer "Building for the New Millennium" A City of La Mesa ART MADRID N .,ve r November 18, 2002 Mr. Barry Nussbaum President 22nd. District Agricultural Association San Diego County Fair 2260 Jimmy Durante Boulevard Del- Mar, CA 92014-2216 Dear Mr. Naussbaum: It is my understanding that you and your organization are proposing drastic, unilateral changes to conditions regarding the selection process of our current Miss La Mesa Director. It is also my understanding that contractual conditions are being imposed on our current director, Mrs. Pam Wilson, and is subject to "removal" if she does not agree to said terms. I further understand that you have filed for the fictitious name "Miss La Mesa" for the exclusive use by the San Diego County Fair, Fairest of the Fair Pageant. This letter is to advise you of the following: • Pam Wilson is and will continue to be director of the Miss La Mesa pageant until the City of La Mesa replaces her. • The City of La Mesa has the sole and exclusive right to use the name "Miss La Mesa" and no other individual, organization or entity will infringe on that right. Further, no individual promoted by any outside organization will be recognized, acknowledged or have an official standing in our City. • Any changes that your organization may wish to make regarding this pageant must, out of courtesy, be discussed and agreed upon by my office and the City of La Mesa. 8130 ALLISON AVENUE. P.O. BOX 937. LA MESA, CALIFORNIA 91 944-0937 / (619) (i(37- I 1 0(i. FAX (6)9) 4(32-7528 ®Printed on Recycled Paper. Mr. Nussbaum Page 2 I am distressed that the record of an individual like Pam is summarily dismissed in your attempt to restructure what you may think is "best" for your organization. Pam's record of unselfishness in giving of her time, energy and talent for the past 21 years to help the hundreds of young women in La Mesa become more productive citizens and leaders in our community will not be besmirched. If you wish to discuss this matter any further so that any proposed posedchanges gare even mutually beneficial, I will be delighted to meet with you, your attend one on your board meetings. Respectfully, Mayor cc: Councilmembers City Manager City Attorney Office of the Governor am Wilson o Chanter Cn.ncil, Unified Son D*40 City Sa)minn Commit Communist Lenders Roma. MCAS Miramar Cmmu. JMice Ara tCSA) 69 (Pnmmudia) East County Economic Deaxlecnorot Council Heatbmi Communication Facility Commission iicnotand Fite Tervmu,e Facility Authority Commission Lanni CCmmi"cr Mann Taub Region l Palk Tads Form Committer en Pmmlenee Fiitnmvnic pe,elupinemt niehin the City of Santee RANDY VOEPEL November 25, 2002 Via Facsimile and U.S. Mail r3a hector `.\\r"Q 64 L Fairest of the Fair Pagean 22"4 District Agncul Ural Association 2260 Jimmy Durante Boulevard Del Mar, CA 92014-2210 Re: Miss Santee Pageant MAYOR r 15r65 Dear Mr. Amaro: For more than 20 years, young women in the City of Santee have participated in the locally sponsored and locally controlled Doss Santee Pageant. During her term as Miss Santee, the winner of the Miss Santee Pageant has served as the City of Santee's ambassador, attending important City functions and working to better our local community. The. City of Santee has been and will remain an active supporter of this important, locally controlled pageant. It has now come to the City's attention that the 22nd District Agricultural Association ("Association") has filed a fictitious name statement for the Miss Santee Pageant, and intends to use the name of Miss Santee. Please be advised that any usage by the Association of the names "Miss Santee Pageant" and "Miss Santee" constitutes a violation of the Business and Professions Code and results in unfair competition. The non-profit organization known as the Miss Santee Pageant has used the "Miss Santee Pageant" name, along with name "Miss Santee," for over 20 years. These names constitute trade names owned by the non-profit organization. By this letter, I demand that you cease and desist any use of the name "Miss Santee Pageant" or "Miss Santee." If you, do not immediately agree to cease and desist use of these names, the City of Santee, along with other interested local organizations within the City, will consider taking legal action to enjoin your use of these names. It has further come to the City's attention that the Association is attempting to impose significant new requirements on both the Miss Santee Pageant and participants in that pageant which essentially deprive Santee of local control over its pageant. This includes imposing new requirements on who may serve as the director of the Miss Santee Pageant. For over 23 years, Pam Wilson has dedicated herself, without pay, to directing. the Miss Santee Pageant, with great success. The City' and other local 10601 Magnolia Avenue • Santee, California 92071.1266 • (619) 258-4100 • rvoepel@ci.santee.ca.us Primnal,m roman gaper November 25, 2002 Letter to Joe Amato, Director, Fairest of the Fair Pageant, Page 2 organizations within the City are staunch supporters of Ms. Wilson and her invaluable service to the young women of the City. The City of Santee vigorously objects to any attempt by the Association to remove Ms. Wilson from her position as director of the Miss Santee Pageant and to otherwise control how the Kiss Santee Pageant is operated. ' For years, Miss Santee has participated in the Fairest of the Fair Pageant and has abided by the pageant's guidelines. It is my understanding from Ms. Wilson that it is the intent of the non- profit organization that operates the Miss Santee Pageant to continue to abide by the pageant's guidelines as they previously existed. However, the new rules proposed -by the Association impose unnecessary requirements and impinge on Santee's local control of an important local activity. 'The City of Santee strongly suggests that the Association reconsider the newly proposed guidelines and allow local pageants to remain under local control, I look forward to receiving written confirmation from you that the Association will cease and desist any use of the trade names "Kass Santee Pageant" or "Miss Santee." In addition, I look forward to hearing that the Association has reconsidered the more onerous aspects of the new Fairest of the Fair Pageant guidelines. Consistent with the Association's vision statement no. 2, the City of Santee considers itself to be a partner in the success of your program. However, partnership necessarily requires tespe-t for local control of local activities, and I trust that you will see that any attempt to take control of the Miss Santee Pageant is diametrically opposed to your own mission. Very truly yours, RanVoepel Mayor, City of S cc: City Council Ms. Pam Wilson Millgian Hernandez's Training sessions April 2, 2002 Tuesday 1:00 pm (Attended) April 9, 2002 Tuesday 1:00 pm (Attended) April 17, 2002 Wed. 3:30 pm (No show) I called. Said she would come the next week. April 24, 2002 Wed. 3:15 pm (No show) I called. No return phone call. April 30, 2002 Tuesday 3:15 (No show) I called. Said she was sorry but would be there the following week. April 7, 2002 Tuesday 4:15 (Attended) April 16th and 17th Fairest of the Fair Pageant