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HomeMy WebLinkAbout2003 06-17 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JUNE 17, 2003 - 6:00 P.M. i 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. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JUNE 3, 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. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 6/17/03 PAGE 2 PUBLIC HEARINGS 1. Public Hearing — Specific Plan Amendment and tentative subdivision map for 120 detached condominium units on the south side of Sweetwater Road, east of Plaza Bonita. (Applicant: Concordia Communities, LLC) (Case File No.: M2-SP-1-88/S- 2003-2) (Planning) 2. Public Hearing to consider a sewer rate change in each of the next three Fiscal Years 2004, 2005, 2006, and authorize the Public Works/Engineering Department to place sewer billing on the property tax rolls. (Public Works/Engineering) *Refer to Items #21 & #22* CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) 4. Resolution No. 2003-76 A Resolution of the City Council of the City of National City approving a City Council Policy regarding the "Donation of Surplus City Property and Police Department Unclaimed Property." (Purchasing) 5. Resolution No. 2003-77 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mutual/Automatic Aid Agreement for EMT -Paramedic Services between the City of National City and the City of San Diego. (Fire) COUNCIL AGENDA 6/17/03 PAGE 3 CONSENT CALENDAR (cont.) 6. Resolution No. 2003-78 A Resolution of the City Council of the City of National City certifying the County to be in conformance with the Congestion Management Program (CMP) in accordance with the California Government Code Section 65089. (Public Works/Engineering) 7. Resolution No. 2003-79 A Resolution of the City Council of the City of National City amending Sections 2 and 5 of Resolution No. 2002-76. (Public Works/Engineering) 8. Resolution No. 2003-80 A Resolution of the City Council of the City of National City declaring its intention to provide for an annual levy and collection of assessments in a Special Maintenance District, and setting a time and place for public meeting and public hearing thereon. (Community Development Commission) 9. Resolution No. 2003-81 A Resolution of the City Council of the City of National City initiating proceedings for the annual levy of assessments and ordering the preparation of an Engineer's "Report" for a Special Maintenance District. (Community Development Commission) 10. Resolution No. 2003-82 A Resolution of the City Council of the City of National City approving the assessment Engineer's Report for proceedings for the annual levy of assessments within a Special Maintenance District. (Community Development Commission) COUNCIL AGENDA 6/17/03 PAGE 4 CONSENT CALENDAR (cont.) 11. Resolution No. 2003-83 A Resolution of the City Council of the City of National City to approve, accept and record 8th Street and "N" Avenue Subdivision (S-2002-2) (Engineering) 12. Resolution No. 2003-84 A Resolution of the City Council of the City of National City to approve, accept and record 7th Street and "Q" Avenue Subdivision (S-2002-1) (Engineering) 13. Resolution No. 2003-85 A Resolution of the City Council of the City of National City giving Notice of Intention to vacate and close a 380-foot long section of Harrison Avenue north of 23rd Street. Applicant: Community Development Commission. (Case File Nos.: SC-2003-1/CDP-2003-4) (Planning) 14. WARRANT REGISTER NO. 47 (Finance) Ratification of Demands in the amount of $2,124.833.88. 15. WARRANT REGISTER NO. 48 (Finance) Ratification of Demands in the amount of $227,443.12. 16. WARRANT REGISTER NO. 49 (Finance) Ratification of Demands in the amount of $1,311.177.83. 17. Claim for Damages: Matthew Ostrom (City Clerk) 18. Request to use Engine #923 for use in "Welcome Home for the Troops" event. (Fire) COUNCIL AGENDA 6117/03 PAGE 5 NON CONSENT RESOLUTIONS 19. Resolution No. 2003-86 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with the National City Concert Band for a musical program to be held at Pepper Park. (Parks & Recreation) 20. Resolution No. 2003-87 A Resolution of the City Council of the City of National City endorsing policies to encourage investment in local telecommunications services in California and National City, and investment in local communities and increased employment opportunities. (City Attorney) ORDINANCE FOR INTRODUCTION 21. An Ordinance of the City Council of the City of National City establishing sewer service charges for Fiscal Years 2003-2004, 2004-2005, and 2005-2006, electing to have sewer service charges collected on the tax roll, and adding Section 14.04.075 to the National City Municipal Code. (Public Works/Engineering) *Refer to Items #2 & #22* NEW BUSINESS 22. Resolution No. 2003-88 A Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with PBS&J to create a database that will be used to convert sewer billing to the tax rolls. (Public Works/Engineering) *Refer to Items #2 & #21* 23. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a charter school (K-6) at 125 Palm Avenue. (Applicant: Integrity Charter School) (Case File No.: CUP-2003-11) (Planning) COUNCIL AGENDA 6/17/03 PAGE 6 NEW BUSINESS (Cont.) 24. An appeal to the City Council for three-way stop signs at the intersection of 24th Street and Lanoitan Avenue. (J Grier) (Public Works/Engineering) 25. Request to use the Martin Luther King, Jr. Community Center by Ron Baker Chevrolet/lsuzu dealership. (Public Works/Engineering) 26. Temporary Use Permit — Sweetwater High School -Graduation Fireworks Display. (Building & Safety) 27. Temporary Use Permit — Lions Club — 4th of July Celebration. (Building & Safety) 28. Temporary Use Permit — Advantage Auto Group — Used Car Tent Sale. (Building & Safety) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — July 1, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 17, 2003 AGENDA ITEM NO. 1 'ITEM TITLE PUBLIC HEARING — SPECIFIC PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP FOR 120 DETACHED CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF PLAZA BONITA (APPLICANT: CONCORDIA COMMUNITIES, LLC) (CASE FILE NO.: M2-SP-1-88/ S-2003-2) PREPARED BY Roger Post, 336-4310 DEPARTMENT Planning EXPLANATION The 14.85-acre project site consists of 13 contiguous properties on the south side of Sweetwater Road, east of Plaza Bonita. The property is in the RM-1-PUD Multi -Family Residential Planned Development Zone and contains a small, seasonal stream and three vacant homes. A Specific Plan for the site was adopted in 1990 to promote high quality housing and ownership opportunities and avoid the { fragmented development pattern that could result if each parcel were developed separately. A subdivision for 175 condominium townhomes was approved in 2002 to carry out this plan. The proposal would allow 120 detached condominium homes with private yards rather than 175 attached units. Additional differences between the project and prior approvals are summarized in the attached table. Substantial public improvements are included in the project. The developer will widen Sweetwater Road for two lanes in each direction with left turn pockets and also construct underground storm drain facilities. The City will be adding a traffic light 150 feet east of the project, at the intersection of Sweetwater Road, Calmoor Street and Fairlomas Way concurrent with this project. A Final EIR was certified for the project in 1990; the attached EIR addendum addresses changes in the project and environment. Conditions of approval address required environmental mitigation measures. At the Planning Commission hearing, citizens made several supportive comments and also stated concern regarding traffic hazards and congestion at nearby intersections to the east, including Plaza Bonita Center Way, and difficulty to exit onto or cross Sweetwater Road. Environmental Review /A EIR (IS-88-55) certified 1990; Addendum completed May 2003 Financial Statement N/A STAFF RECOMMENDATION Approved By; ce Director Account No. Staff concurs with the recommendation of the Planning Commission. BOARD t COMMISSION RECOMMENDATION fhe Planning Commission recommends approval of the applications. Vote: Ayes — Pruitt, Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Graham Abstain — Reynolds 1LY7utEt"ft"evall Aka Below 2. Planning Commission Resolution with findings and conditions for approval Location Map A 42 apartment/agency comments 5. Citizen letters e' ttatkltg, 6. EIR Certification Resolutions 10.Applicant's Plans 7. Council Resolution 16,316 adopting a Specific Plan 8. Adopted Site Plans 11. Final EIR and Addendum PROJECT REVISION SUMMARY Current Proposal Original Specific Plan 2002 Plan 120 detached condominium units 175 condominium units in buildings of 5-6 units each 174 condominium units in buildings of 3-6 units each, and one single-family home 2-story units with attached garages (in front) 2 Vz story, split-level units over garage, 3 stories in back 2-story units over garage, 3 stories in back A mix of architectural styles; stucco exteriors with curved and flat tile roofing;. more architectural features than previous proposals; i.e., arched entryways, shutters, iron work One architectural style; stucco exteriors with tile roofs One architectural style; stucco exteriors with tile roofs Four unit types from 1,350 to 1,730 square feet with 2-4 bedrooms and 2.5 baths Four unit types from 1,300 to 1,550 square feet with 2-3 bedrooms and 2-3 baths Four unit types from 1,370 to 1,640 square feet with 2-3 bedrooms and 2.5 baths No split-level units; 9-foot ceilings on the first floor; fireplaces Split level units with 12-foot ceilings in the living room; fireplaces No split-level units; 9-foot ceilings in most living rooms; fireplaces Private rear yards for each unit; optional balconies; 4-6 foot tall walls along Sweetwater Rd. Balconies; no private yards or walls; driveway & garage at back Balconies; no private yards or walls; driveway & garage at back On -site swimming pool, tot lots, and open space including the stream and wetlands On -site tennis court, swimming pool, recreation building, tot lots, and greenbelt On -site swimming pool, tot lots, and open space including the stream and wetlands 36 guest parking spaces 107 guest parking spaces 46 guest parking spaces One primary arc'ss to /from Sweetwater Road; plus one exit-only/emergency access Two access drives to exit or enter Sweetwater Road Same as current proposal Buildings in lower portions of the site; slope along southern property line; the stream and wetlands remain; knoll partially developed; some retaining walls, near stream and east property line. Buildings sited at lower elevations; slope along southern property line; stream, wetlands eliminated; knoll maintained as open space; few retaining walls. Buildings sited at lower elevations; slope along southern property line; the stream and wetlands remain; approval for building on knoll; several tall retaining walls. No row -homes, only detached homes, facing Calmoor St. area Condition to avoid siting town - homes facing Calmoor St. area No units face homes to east. RESOLUTION NO. 16-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A SPECIFIC PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP FOR 120 DETACHED CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEETWATER ROAD EAST OF PLAZA BONITA APPLICANT: CONCORDIA COMMUNITIES, LLC CASE FILE NO. M2-SP-1-88/S-2003-2 WHEREAS, proceedings were initiated for the amendment of Specific Plan SP-1-88 in accordance with procedures of the Land Use Code; and WHEREAS, application was made for approval of a tentative subdivision map on property generally described as: All that portion of Lots 4, 5 and 8 in Quarter Section 99 of L.W.Kimball's Subdivision of parts of Quarter Sections 98, 99, 110 and 111 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California according to Map thereof No. 63, filed in the Office of the County Recorder of San Diego County, May 11, 1885, together with a portion of the southwesterly quarter of Quarter Section 100 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 made by Morrill, filed in the City Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered a Specific Plan Amendment application for 120 detached condominium units on the south side of Sweetwater Road east of Plaza Bonita, along with said tentative subdivision map application at a duly advertised public hearing held on May 19, 2003, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. M2-SP-1-88/S-2003-2 which is maintained by the City and incorporated herein by reference; along with the Final Environmental Impact Report, 1990 Addendum Reports, and the Environmental Impact Report Addenda dated May 15, 2003 and December 28, 2001 (IS-88-55), and evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the Planning Commission recognizes the need and desirability to provide specific guidance for implementation of the General Plan by adoption of a specific plan in compliance with the general Plan for the area on the south side of Sweetwater Road east of Plaza Bonita; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map, support the following findings: FINDINGS FOR APPROVAL OF THE SPECIFIC PLAN AMENDMENT 1. The proposed plan is consistent with General Plan policies which encourage a higher rate of home ownership, production of new housing, and high quality development. 2. That the project is consistent with the RM-1-PUD Multi -Family Residential - Planned Unit Development General Plan/zoning designation of the site, since the project provides for detached for -sale condominiums at a density of 8.1 units per acre in an area where a density of up to 23 units per acre is permitted. FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable Specific Plan as amended, since it provides for opportunities for home ownership and a mix of housing types compatible with adjacent residential neighborhoods and complies with the RM-1-PUD Multi -Family Residential - Planned Unit Development General Plan/zoning designation of the site by providing for detached for -sale condominiums at a density of 8.1 units per acre in an area where a density of up to 23 units per acre is permitted. 2. The site is physically suitable for the proposed type of development, since it is in a residential area and contains gently sloping areas that can accommodate the proposed units. 3. The site is physically suitable for the proposed density of development, since 14.8-acre site can accommodate pads for the proposed 120 units at a density of 8.1 units per acre while preserving biologically sensitive areas. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the Planning Commission h:v; considered the Final Environmental Impact Report and Addenda (IS-88-55) and finds that the project will have significant impacts on the environment, and that changes or alterations required in or incorporated into the project avoid or substantially lessen the significant effects. Based on the Final EIR, Addenda, and explanation of findings incorporated in the City Council Resolution certifying the Final EIR, the Planning Commission further finds the following: 1. That Mitigation Measures required by EIR No. IS-88-55 are incorporated into the proposed project or conditions of approval. 2. That changes to the EIR made in the Addendum do not raise important new issues about the significant effects on the environment. 3. That previously certified EIR No. IS-88-55 adequately addresses the project, since no new significant environmental impacts result from changes in the project or its environment. 4. That the significant impact on visual quality created by rows of two-story units facing single-family residences to the east is avoided by the changes incorporated in the project to include detached rather than attached units. 5. That the significant impact on transportation created by the alignment of the new driveway in conflict with traffic from Fairlomas Way across Sweetwater Road is avoided by changes in the project which relocate the driveway further away from Fairlomas Way so that conflicting travel paths are no longer present. 6. That the significant impact on school facilities created by the presence of additional residences and students is substantially lessened by the payment of development/school fees required for the project. 7. That the cumulative significant impact on air quality created by the project is avoided by the availability of alternate methods of transportation as explained in the Draft EIR and is further lessened by changes in the project which reduce the number of units and therefore vehicle trips. 8. That the significant impact on paleontology created by project grading is avoided by the requirement that a qualified paleontologist be retained to monitor site grading. 9. That the significant impact of noise is avoided by changes in the project to include noise walls, and the requirement that the project be constructed such that all units with a direct line -of -sight to Sweetwater Road utilize specific design and construction techniques specified in the EIR, with the adequacy of these techniques be further confirmed by future acoustical study. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission recommends that the City Council approve the application for a Specific Plan Amendment and tentative subdivision map for 120 detached condominium units on the south side of Sweetwater Road east of Plaza Bonita subject to the following conditions: 1 This Amended Specific Plan and Tentative Subdivision Map authorize a subdivision for 120 detached condominium units. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, 2nd Revision, case file no. S-2003-2/M2-SP-1-88, dated 5/9/2003; and Exhibits B Revised and C Revised, case file no. S-2003- 2/M2-SP-1-88, dated 4/24/2003. 2. The approved Specific Plan shall supersede the requirement of the PUD designation for a Planned Unit Development permit. 3. The site shall be developed as a single project. Phasing for the project may be permitted if approved by the Planning Director. 4. Noise walls and retaining walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. A hydrology study (100 year flood) shall be submitted for the review and approval of the Engineering Department. The study shall consider the area from the project area to the closest municipal storm drain collection pipe inlet. The study shall consider the adequacy of the existing system to convey any additional runoff. All hydrology study findings and recommendations shall be part of the Engineering Department requirements. 5 6. A grading plan shall be submitted for review and approval by the Engineering Department showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 7. Separate street and sewer improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the Engineering Department. The plans shall be in accordance with City requirements. 8. All surface runoff shall be collected by approved drainage facilities and directed to the natural waterway, a curb outlet, or directed to the street by sidewalk underdrains. Adjacent properties shall be protected from surface runoff resulting from this development. 9. 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 streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the Director of Public Works/Engineering. 10. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 11. The soils report findings and recommendations shall be part of the Engineering Department requirements. At a minimum, the parking lot sections shall be 2 inches of A.C. over 4 inches Class II aggregate base. The Street pavement sections shall be in accordance with National City modified Standard Drawing G- 24. 12. 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 shall be 6- inch in size with a clean out. 13. A 20-foot street right-of-way shall be dedicated to the City along Sweetwater Road. 14. Two new street lights are required along Sweetwater Road next to the proposed driveways. The streetlights shall be per City standards. The feasibility and 6 electrical energy availability of the street lights shall be verified with the Public Works Department prior to their final approval and installation. 15. The existing and proposed curb inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 16. The driveways on Sweetwater Road shall be alley entrance type driveways with pedestrian ramps. The existing traffic study recommendations by Urban Systems Associates dated October 30, 2001 shall be implemented. 17. 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. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit will be subject to adjustment. 19. Street improvements shall be constructed in accordance with the City standards. All missing street improvements, including approximately 1200 linear feet of sidewalks, curbs, gutters, and street, shall be constructed. 20. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. 21. 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. 22. The subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. 23. 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. 24. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 25. The final map shall be recorded prior to the issuance of any building permit. 26. All new property line survey monuments shall be set on private property, unless otherwise approved. 27. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point 7 shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 28. A Private Storm Water Treatment Maintenance Agreement must be signed by the owner. 29. A triple box culvert shall be installed along Sweetwater Road as required by the City Engineer. Plans for the culvert shall be submitted to the Engineering Department for review and approval. 30. A new fire hydrant shall be installed near the east turn toward the exit gates to satisfy Fire Department requirements. 31. A Knox Box for Fire Department access shall be installed at the front gate. 32. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 33. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 34. The subdivision map shall be submitted to the County Department of Health Services for review. Documentation shall be provided indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections to the adjacent lots if determined necessary by the City Engineer and the County Department of Health Services. 35. The potentially significant effects to fossil remains from the site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program as described in the EIR (IS-88-55). 36. The following measures are required to mitigate noise impacts: a. All units with a direct line -of -sight to Sweetwater Road shall be air- conditioned. b. All windows and doors shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around framed, doorjambs, and the like. c. No vents or similar appurtenances shall be oriented such that they have a direct line of sight to Sweetwater Road. d. Prior to issuance of building permits, a specific interior acoustical study to verify compliance with Title 24 shall be completed. e. Prior to issuance of grading permits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. f. Noise walls shall be constructed as shown on the noise study dated April 25, 2003 and accompanying plans. 37. To mitigate potential biological impacts, the onsite enhancement of existing wetlands at a 3:1 ratio is required, at a minimum, to. mitigate the loss of jurisdictional wetlands. The enhancement shall consist of the removal of noxious weed species and planting of suitable native wetland species. Any additional mitigation requirements of the State and Federal Resource Agencies shall also be carried out. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Landscaping in the public right- of-way shall be installed in conjunction with the installation of public improvements, and landscaping and irrigation for cut and fill slopes shall be installed at the time of grading. 39. All retaining walls shall be a Keystone or other decorative type retaining wall subject to the review and approval of the Planning Director. Retaining walls greater than four feet in height shall be planted with vines or other vegetation. 40. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, driveways, walks, buildings, utilities, recreational facilities and open spaces prior to approval of the fmal map. Said CC&R's shall be subject to approval as to content and form byahe 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. 41. 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. 42. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 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 June 2, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, GRAHAM NAYS: ABSENT: ABSTAIN: REYNOLDS PROJECT SITE 100 0 100 200 Feet CITY BOUNDARY ZONE BOUNDARY N A LOCATION MAP PROPOSED CONDOMINIUMS ON THE SOUTH SIDE OF SWEETWATER ROAD M2-SP-1-88/S-2003-2 NATIONAL CITY PLANNING DRAWN: 5/7/03 INITIAL HEARING: 5/19/03 • // • April 16, 2003 To: City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR A THE 120 RESIDENCE CONDOMINIUM PROJECT ON SWEETWATER ROAD W. OF CALMOOR Jon Cain, Planning Department From: Adam J. Land; Engineering Department Via: Stephen M. Kirkpatrick Assistant Director of Public Works /Engineering Subject: 120 RESIDENCE CONDOMINIUM PROJECT ON SWEETWATER ROAD W. OF CALMOOR 1. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are a part of Engineering Department requirements. 2 A grading plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 3. Separate street and sewer plans prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with the City requirements. ® Recycled Paper /2 Planning Department April 16, 2003 Page 2 4. All surface run-off shall be collected by approved drainage facilities and directed to the natural water way, a curb outlet, or directed to the street by sidewalk underdrains. Adjacent properties shall be protected from surface run-off resulting from this development. 5. The property owners, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, or within a reasonable time frame upon a written notification by the Director of Public Works/Engineering. 6. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the all irrigation lines in the public right-of-way. 7. The soils report findings and recommendations shall be part of the Engineering Department requirements. As a minimum, the parking lot pavement sections shall be 2 inches of A.C. over 4 inches Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. 8. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. 9. A 20 foot street right -of- way shall be dedicated to the City on Sweetwater Road. 10. Two new street lights are required on Sweetwater Road next to the proposed driveways. The street light shall be per City standards. The feasibility and the electrical energy availability of the street light will be verified with the Public Works Department first prior to its final approval and installation. 11. The existing and proposed curb inlet on the subject property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 12. The driveways on Sweetwater Road shall be alley entrance type driveways with pedestrian ramps The existing traffic study recommendations by Urban Systems Associates Dated October 30, 2001 shall be implemented. /3 Planning Department April 16, 2003 Page 3 13. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way and all grading construction on private property. 14. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 15. Street improvements shall be in accordance with the City Standards. All missing street improvements (approximately 1200 L.F. of sidewalks, gutters, curbs, andstreet) shall be constructed. 16. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board (9771 Clairemont Mesa Boulevard, Suite B). A copy of the permit shall be given to the National City Engineering Department prior to any work beginning on the project. TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the National City Municipal Codes including certification, acknowlegement, complete boundary information and monumentation. 2. The Subdivider shall submit an approval letter from Sweetwater Authority stating that fire flow requirements have been met. 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. Planning Department April 16, 2003 Page 4 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 station shall be shown. 8. Private Storm Water Treatment Maintenance Agreement must be signed by the owner. AL hat 170port %c- Date: To: From: Subject: City of National City Fire Department • NAIIONAL arrY 333 E. 16th St., National City, CA 91950,4§OVNG DEPkiTildia4T Phone: (619) 336-4550 Fax: (619) 336-4562 2 March 28, 2003 Planning Dept. Jeff Burriss, Deputy Fire Marsha Sweetwater Rd. Project There will need to be a new fire hydrant required near the east turn toward the exit gate. The fire dept. will need turn-arounds at cul-de-sacs of 40 foot diameter and/or hammerheads of 75 feet so fire apparatus can maneuver. A Knox Box will be necessary at the front gate. An application is available at the fire dept. It is strongly recommended by the fire dept. that these units have residential sprinkler systems installed. ® Recycled Paper l& 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 April 4, 2003 Mr. Jon Cain Planning Department City of National City 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY BONITA SWEETWATER CONDOS, NATIONAL CITY CASE NO.: S-2003-02, M2-SP-1-88 SWA DEV. FILE: BONITA SWEETWATER CONDOS Dear Mr. Cain: GOVERNING BOARD JAMES'JIM' DOUD, CHAIR W.D.'BUD' POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S.'SKr WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to an Application for Tentative Subdivision Map for the subject property within the Sweetwater Authority service area. There is a six-inch water main located on the north side of Sweetwater Road, adjacent to a portion of the proposed development. The Authority's records indicate that there are four water services to the project area. Enclosed is a copy of 1/4 SEC. 99 map which shows the water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. 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. In addition to the proposed water facility improvements shown on Tentative Map No. SP-2001-2 dated March 21, 2003, the Owner will need to extend the proposed water main and connect to the existing six-inch main at the intersection of Putter Drive and Alta Loma Drive. The Owner will also need to furnish the Authority with the necessary easements, deposit for engineering, design and plan check, and other items that were specified in the letter dated October 2, 2001 to the Owner (copy attached) and this letter. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas /7 Mr. Jon Cain Planning Dept. City of National City Re: Water Availability — Bonita Sweetwater Condos, Case No.: S-2003-02, M2-SP-1-88 April 4, 2003 Page two Please note that Sweetwater Authority requires a ten -foot horizontal separation between sewer and water laterals. If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can. be obtained at a pressure ranging from a maximum of 80 p.s.i. to a minimum of 70 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 422-8395, extension 641. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: Pc: photocopy of 1/4 SEC. 99 map copy of design letter dated October 2, 2001 and April 4, 2003 Whitaker Investment Group (with copy of letters dated 10/2/01 and 4/4/03) do Mr. Eric Dye 520 W. Ash Street, Suite 300 San Diego, CA 92101 Mr. Don Condon (with copy of letters dated 10/2/01 and 4/4/03) National City Fire Department 333 E. 16th Street National City, CA 91950 1:\engr\DevvBonita Sweetwater Condos\bo sw condos 4_03 wtr avl comm.doc EETWATER AUTHOFti_TY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org October 2, 2001 GOVERNING BOARD MARGARET COOK WELSH. CHAIR JAMES'JIM' DOUD, VICE CHAIR SUE JARRETT BUD POCKUNGTON GEORGE H. WATERS J.S. SKI WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Mr. Eric Dye Whitaker Investment Group 520 W. Ash Street, Suite 300 San Diego, CA 92101 Subject: DESIGN REQUIREMENTS SWA DEV. FILE: BONITA SWEETWATER CONDOMINIUMS Dear Mr. Dye: This letter is intended to familiarize you with the methods and procedures required of a developer and developer's utility subcontractor under the Sweetwater Authority's standard agreement to improve water facilities. The developer will submit to the Authority the following: 1) Two (2) sets of plan and profile drawings and a grading plan for the proposed improvements, indicating the location of proposed water mains within the development. Such water mains are to be located on north and east sides of proposed streets, five feet off face of curb. The Authority will size the water mains. Improvement plans will not be approved or signed until all necessary agreements and easements are executed. Any paving other than AC covering the main must be clearly identified. A "Hold Harmless" agreement must be executed for any decorative paving and crossings and/or landscaping. 2) Letter from the appropriate fire protection agency, verifying the location and type of fire hydrant(s) required and the demand for fire flow in gallons per minute (gpm) or duration, if designing for storage requirements. A fire hydrant plan shall be submitted with fire department signature. 3) ONE THOUSAND FIVE HUNDRED DOLLARS ($1.500.00) deposit for engineering, design and plan check. This is a deposit to cover the Authority's costs. A refund will be made on any unused balance and you will be billed for any deficit. 4) Tentative subdivision map and/or recorded subdivision map, when recorded. 5) List of street address(es) for each lot and/or building. A Public Water Agency Serving National City, Cbula Vista and Surrounding Areas Mr. Eric Dye Re: Design Requirements — Bonita Sweetwater Condominiums October 2, 2001 Page 2 6) List and location of sizes of services and meters, both for domestic service and landscape maintenance. If preliminary design of the subdivision has been submitted and it has been determined an easement is necessary, the Developer's Engineer will prepare the easement to the Authority's format. The easement procedure is as follows: a) Preparation of easement to format, easement drawing on 8-V2-inch x 11- inch reproducible paper (match lines and additional sheets may be used).. b) Water main to be on centerline, unless otherwise specified in writing by Authority's Engineering Department. c) All easement drawings are to be a 1-inch — 100-foot scale. d) Closures and traverse (±0.005-foot calculation). e) Current lot book guarantee or preliminary title report issued by a title insurance company. f) Copy of the deed as proof of ownership. g) After the easement has been prepared, the Developer's Engineer will submit the signed original and two copies to the Authority for review and approval. If errors are discovered, the Authority will return the original to the Developer's Engineer for correction; after correction, the Developer's Engineer will return the signed original and two copies for final review and approval. After final approval, the Authority will record the easement and return a copy of the recorded document. NOTE: The minimum easement is 20 feet; however, circumstances can dictate a wider requirement. 8) In the event the developer utilizes a subcontractor, the Authority requires as part of the agreement, 1) Faithful Performance Bond for 100% of the estimated price which remains in effect for one year after the Authority files the Notice of Completion with the County Recorder and 2) Labor and Material Men Bond for 100% of estimated price, which will be released upon acceptance of system and expiration of lien date following filing of Notice of Completion by the Authority or submittal of signed lien release forms. Mr. Eric Dye Re: Design Requirements — Bonita Sweetwater Condominiums October 2, 2001 Page 3 9) The meter fees as listed below are required by the Authority: a) 5/8-inch $80.00 b) 1-inch $115.00 NOTE: The meter fees are not refundable. c) 1-1/2-inch $260.00 d) 2-inch $350.00 The meter fees include meter installation only. The developer is to install the service including lateral, angle meter stop, consumer valve and meter box per Sweetwater Authority Standard Specifications. Consumer valves shall be Ford or Jones, bronze, ball type, lever handle swivel nut by FIPT for 3/4 and 1-inch or flange by FIPT for 1-1/2 and 2-inch. 10) Storage assessment fees as listed below are required by the Authority: Residential use: a) $300 per dwelling unit. Commercial use: a) 5/8-inch meter b) 1-inch meter c) 1-1/2-inch meter d) 2-inch meter $300.00 $750.00 $1,500.00 $2,400.00 11) San Diego County Water Authority Capacity Charges are as listed below: a) 5/8-inch meter b) 1-inch meter c) 1-1/2-inch meter d) 2-inch meter $2,004.00 $3,206.00 $6,012.00 $10,421.00 12) Deposit for inspection, hot tap and connection: The deposit is an estimate only and an additional deposit may be required when the final agreement is executed and prior to start of construction. 13) The developer must submit name of subcontractor. If subcontractor has not performed work within the service area of the Sweetwater Authority, the developer must submit three (3) reference letters from firms recently utilizing the subcontractor in water utility construction work as evidence of the subcontractor's qualifications to perform such work. In the event that the requesting subcontractor cannot demonstrate his qualifications, the Authority Mr. Eric Dye Re: Design Requirements — Bonita Sweetwater Condominiums October 2, 2001 Page 4 may require deposits to cover the cost of the additional inspection time which will be required. 14) Upon completion of installation of water facilities, the subcontractor will request testing of facilities by the Authority's Engineering Department as follows: a) Apply for temporary meter off fire hydrant, b) Fill main through temporary meter and sterilize main, if not accomplished during construction, c) Meet chlorine residual requirement: minimum residual, 50 parts per million per Standard Specifications, d) Satisfactorily complete pressure test at 150% of maximum line working pressure at lowest point or 150 p.s.i. minimum, in accordance with Standard Specifications. e) Flush system after 48 hours of sterilization to 0.9 parts per million available free chlorine maximum. At this time a bacteria test will be immediately taken from the same outlet from which flushing was accomplished. After bacteria test has passed, subcontractor then may connect to Authority's facilities. 15) Upon completion of installation of system, the developer shall furnish to the Authority an itemized list or cost breakdown covering mains by size, services, fire hydrants, and other facilities, if any. In addition Dwg. or equivalent drawing files and a 6 mil. Mylar Record drawing' signed by the design engineer must be submitted upon completion of the facilities. If errors are found, the design engineer will be required to make corrections. 16) In the event that a failure occurs in the improved facilities within the period prior to expiration of one-year warranty, at such time as the subcontractor is not available, the system will be shut down by the Authority and the developer and subcontractor will be notified. If the repair is not made within five (5) working days after notification, the Authority will execute all repairs and the developer will be billed for all labor, overhead and material costs expended in such repairs. However, when it is determined that the public convenience and safety will be affected by the delay in repair, the Authority may elect to repair the failure and bill the developer. The Authority will require two (2) names and phone numbers of responsible personnel to be contacted in such an emergency. 23 Mr. Eric Dye Re: Design Requirements — Bonita Sweetwater Condominiums October 2, 2001 Page 5 17) In the event the Authority will utilize its forces to install the water facilities as a part of the agreement, the developer will deposit with the Authority the full estimated cost of installing the proposed water facilities. 18) As a part of all agreements and/or applications, the developer will be required to provide the storage assessment, as indicated in the base rate formula adopted by the Sweetwater Authority Board, effective April 1, 1984. This fee is not refundable unless the development does not proceed. 19) All construction deposits are estimates only and may vary accordingly. Upon completion of construction and adjustment of valve boxes and appurtenances, the actual cost will be computed and the refund or billing will be forwarded to your firm or agency. 20) Improvement plans for water facility developments will not be signed by the Authority until the Authority has completed all checking of the design, received financial arrangements and executed agreements. 21) Please sign and return this document indicating you are aware of Sweetwater Authority procedures. Very truly yours, Receipt of the above is hereby SWEETWATER AUTHORITY acknowledged: James L. Smyth Chief Engineer JLS:JDM:vls Developer/Owner's Name Authorized Signature Date pc: Mr. Robert Furey R*E*C* Consultants, Inc 7445 Mission Valley Road, Suite 109 San Diego, CA 92018 Bengpool'ason\bonitaswNBonfa Sweet13.doc BOARD OF EDUCATION CHERYL S. COX, Ed.D. LARRY CUNNINGHAM PATRICK A. JUDD BERTHA J. LOPEZ PAMELA B. SMITH SUPERINTENDENT LOWELL J. BILLINGS, Ed.D. CHULA VISTA ELEMENTARY SCHOOL DISTRICT 84 EAST "J" STREET • CHULA VISTA, CALIFORNIA 91910 • 619 425-9600 EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH April 3, 2003 Mr. Jon Cain Associate Planner City of National City 1243 National City Blvd. National City, CA 91950 RE: Case No. Location: Project: Dear Mr. Cain: NATIONAL Y PLANNING DEPARTMENT S-2003-2, M2-SP-1-88 South Side of Sweetwater Road, East of the Plaza Bonita Shopping Center. Proposed Modification of the Existing Approvals for 175 Townhome-Style Condominium Units to Instead Allow 120 Detached Single -Family Condominium Units on the 15-Acre Site Thank you for the opportunity to respond to the Application for Amendment of a Specific Plan for the proposed project referenced above. This project is within the boundaries of the Chula Vista Elementary School District, which serves children from Kindergarten through grade 6. The District recommends annexation to our "new generic" Community Facilities District (CFD) No. 10. This CFD holds all future (small) developments, such as the proposed units planned for this area. During the coming years, we expect growth at a rate of 3-5 percent. Permanent capacity has been exceeded at many schools and relocatable classrooms are being utilized to accommodate increased enrollments. The District also buses students outside their attendance areas, both to accommodate growth and to support parent choice options. State law currently provides for a developer fee of $1.51 per square foot of assessable area to assist in financing facilities needed to serve growth. This fee is assessed for new construction and additions or remodels of over 500 square feet. Mr. Cain 7°P' Case No.: S-2003-2, M2-SP-1-88 04/03/03 Page 2 The District encourages developer participation in alternative financing mechanisms to help assure that facilities will be available to serve children generated by new construction. We are currently utilizing CFD's as one method to help fund this shortfall. Participation in a CFD is in lieu of developer fees, with school mitigation paid by the homeowner in the form of a special tax. The subject project is located in the Valley Vista Elementary attendance area. This school is presently operating at or near capacity. An alternative financing mechanism, such as participation in, or annexation to, a CFD is recommended. If you have any questions, please give me a call. Sincerely, Dee Peralta Planning and Facilities Supervisor DP:ds HANDOUT ITEM NO. 8 . May 19, 2003 George V Ferguson 4006 Calmoor Street National City, Ca.91950 City of National City Planning Department 1243 National City Blvd. National City, Ca. Case File No. M2-SP-1-88/S-2003-2 Mr. Roger Post: I am writing this letter in response to the Notice of Public Hearing on the Specific Plan Amendment and Subdivision for 120 Detached Condominium Units On the South side of Sweetwater Road East of Plaza Bonita. Case file is referenced above. Since no mention is made of the previous applicant, Whitaker Investment Corporation, I am to assume that they are no longer involved in this business endeavor. This now raises a number of questions that were addressed during the last proposed project. • Street widening of Sweetwater • Sewer project to divert rainwater • Traffic light to regulate flow on Calmoor St. • Adequate parking for residents and visitors • Sustain and protect old growth vegetation • Maintain the privacy and integrity of the current residents I would like to once again go on record in opposition to this proposal. There are a number of issues that the City Council refuses to acknowledge. One major issue is the increase in traffic congestion. Traveling East on Sweetwater brings you to Plaza Bonita Center way, a Major bottleneck on the National City, Bonita subdivision border. The flow during rush hour is uncomfortable and sometimes dangerous. The traffic flow during Fridays and Holidays is unacceptable. With this proposal you knowingly add 300 more pollution choking automobiles within a 15.1-acre site, along with the same number of people, or more. This is not a formula for success, nor can it be considered "smart growth" practice. Can you also assure that the developer, if faced with slow sales and rising interest rates, won't resort to rental contracts? I think not. Eric Dye of Whitaker Investment corp. said he couldn't guarantee that they would not. Why can't the City Council explore other alternatives? Why can't the project be scaled down and become more environmentally friendly? We can all agree with more space, less people and automobiles. We may need more affordable housing, but not at the expense of the current, voting, taxpaying, constituents. I Rectfully, /George,V. Ferguson 13 May 2003 Roger G. Post Planning Director City of National City Planning Department 1243 National City Blvd National City, CA 91950 RE: Proposed Subdivision for 120 Detached Condos Dear Mr. Post: NATIONAL CITY PLANNING DEPARTMENT I wrote to your office in October or November last year about the then proposed 175 condos with 2 houses to be built on land on the south side of Sweetwater Road, Fact of Plaza Bonita (Case File No. M2-SP-1-88/S-2003-2. In my previous letter I cited concerns about the density of the development and the fact that each of the 175 condos plus two houses would produce at least 2 vehicles per unit adding to the already heavily traveled roadway. Not to mention the fact that it is now almost impossible to exit from our streets onto Sweetwater in a timely manner during the off seasons and during the holidays or summer the traffic increases to the point that it takes a longer time to be able to turn onto Sweetwater from any of our exits. My other concern is with the children that have to cross Sweetwater to catch the buses for Bonita Vista Middle and High Schools. These children cross around 7 to 7:20 am each weekday morning as that is where the buses pick them up. Drivers do not follow the speeds posted and the current traffic causes concern now for these kids crossing the street. Add 220 cars and that increases the concerns for safety of our children. More housing in our area contributes to the increase use of our sewers and added drain on the electricity usage. Over the past decade we have seen detached houses go up adjacent to us on the East side that were difficult for the bank to originally sell and the 5 houses built on the south side across from us that were stacked together with little extra room. I realize that land usable for housing is at a premium now days and this land has over the years brought several developers into the picture with dreams of becoming rich with new housing. I am against this development due to the already over crowing of this area and the increasing heavy traffic we endure each day and for the safety of our children. Sincerely, Marsha L. Burnett 3606 Fairlomas Road National City, CA 91950 iatig-x-111/ ;,6 • IMSOLUTION NO. 16415 A REECED/4.1 Or. ilitH Crpr--03:bEtti. all orc•,?,T...InXfnm,-onntinns ms rim =EMT PREPAREAsimPriffE romp. ',Intr Cr Ana . V & n DECEICIPMENTORC. 7-3 'CA:SE FILE NO. U-8e-55 5 -1:: ' moms, a Draft Pavirconentai *act Report (E3RY-Wiis:erwt1in accordance with the rail Quality Quality ActJ(CD:ik), the State CEQA Guidelines and the Nationat tua iguida_lines; WEERMS, a public notiCe4-4*. n&lability of the *aft Mat; designating a public revi. ea period eskiaclin June 29, 1990 rein;Vided " accordance with Section 21092 of the PUc Resources Code of the -state of California; and WHEREAS, a final EIR WEIS prepared in accordance 'with MCA, State Guidelines and the National City wlxtiiittal Gnide.lines, and cotisists of the draft EIR, the list of incliAd4 orgeniSO-Piror -agencies commenting on the draft EIR, aliments' received cO: the drift EIR and 2f, responses to cannents; and . wHEREAS, an July 2, 1990 the Planning Coandesice held n2day noticed public hearing and considered the final at Which time staff reported on the major issues, -significant iiipicta and mitigations, as Well as . - oonnents received from -individuals, orgai4ations, ai lie agencies.oa the draft EIR and the responses given thareto; and WHEREAS, the Planning Cammission heard rnhltC teatimmy on the final EIR and adequately addressed such testimony; and WHEREAS, the final KIR idantified certain significant ernriranmental impacts requiring mitigation; and t • ' wiEREms, the Planting Casnisidon foundlint the proposedRonject would have significant effects with :rax toSiiia-qualty", transportation, school facilities, ait'quality, patIeon-: ology-and ricrie;e;..and that changes ,or alterations should be required in, ist-indorporatedi into, the proposed project, which avoid or inbatentially lessen tfie significant envircnnentztl effects thereof as identified in the final MR and as delFribed in the explanation of findings co file in the office of the City Clerk as Exhibit "A", and 2,9 MEREAS, the Planning Commission found that the project:will not have a significant effect on the environment with regard to Land use, cultural resources, toxic materials, geology, hydrology, biology, shadcming, and water quality; and FAHREMS, the Planning Catedssion certified that the final EIR has been caapleted in compliance with the requirements of the California Environmental finality Act (CNA), State COQA Guidelines and National City Environmental Guidelines; and MIMS, the Planning Commission recommended that the City Council, having final approval authomityomer the project, make the atone findings, and adopt the explanation of findings, certify that the final EIR has been completed in croplikomivith =A, the State CEQA Guidelines, and National City Environmental Guidelines; and review and consider the Jack -nation contained in the EIR prior to rendering the final decision on project approval; and %TERMS, the City council has conoW.dered the Final Envirrimental Impact Report and environMental findings and reccurrendatices of the Planning Commission; Nal, THEREFORE, BE IT RESOLVED that the City Council finds that the proposed project would have significant but mitigated effects with regard to visual quality, transportation, schcol facilities, air quality, paleontology and noise, and that changes or alterations will be required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant environmental effects thereof as identified in the final FIR and as described in the explanation& findings on file in the office of the City Clerk as Exhibit nA"; and BE IT RICHER AND FINALLY RESOLVED that the City Council certifies that the final MDR has been completed in compliance with the requirements of the California Environmental Quality Act Law, State C Guidelines and National City Environmental Guidelines. 3 0 PASSED AND =PIED this 21st day of August, 1990. ATTEST: PBDPIES, CITY APPROVED AS 10 PERM: /3.4 4gve.: G H. EISER, lU CITY ATMRNEY GEORGE H. , MAYOR 3/ Passed and adopted by the Council of the City of National City, California, on August 21a 1990 by the following vote, to -wit: Ayes: Councilmen calla, Inzunza, Pruitt, Van Dpvp4tgSR.,„Wa oKs Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California (Seal) By: LORI ANiNE yggR :S City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. .}b.. ).5 of the City of National City, Calif., passed and adopted by the Council of said City on .Augusl:..21,..1990 By: City Clrk of the City of National d ty California Deputy 3� PLANNING °OMISSION RESOLUTION CERTIFYING THE FINAL ENVIROMENTAL IMPACT REP= (iiLR) FOR THE POINT BONITA PROJECT AND COUVENTS AND RESPONSES TO COPITS ON THE DRAFT EIR (IS-86-55) Note: The final EIR consists of the draft EIR, comments and recomandations received on the draft tali, a list of persons, agencies or organizations who commented on the EIR, and any information added to respond to significant environmental points raised during the review process. Transmitted for council consideration July 23, 1990 33 RESOLUTION ND. 21-90 ARESOLUTIONOFIRE PLA'v"NDG COMMISSION IISSION OF TUE CITY OF =MAL Q'i , CALIF: A, CERTIFYING THE FINAL IINVIIRCIN:IFI AAL IMPACT REPORT PREPARED ECP THE P0SIT BON/TA PRCi1BCr IOC/CEDaN TM SOUTH SSE or 5<•2;E1[ mt NAG EAST OF PLAZA EOM. APPLICANT: L & H LEVELAINENT, INC. CASE PILE ND. IS-88-55 WM a Draft Ravirassental Impact Report (EIR). was prepared in accordance with the Cnlifrrnia Eneim ta1 Quality Act (COW, the State CEX1A Guidelin' es and the National City Environsental Guidelines; and WEILREAS a public notice of the availability of the draft EIR, designating a public review period ending on June 29, 1990 was provided in accordance with Section 21092 of the Public Resources Code of the State of California; and VEERCAS a final = was prepared in acoordanoe with C RON State CEQA Guidelines and the National City Enviramental Guidelines, and =insists of the draft ELR, the list of individuals, organizations or agencies ea:renting on the draft Ell, ==,cents received on the draft ELrR and responses to moments, and IMMEAS on July 2, 1990 the Planning Crnriission held a duly noticed public hearing. and considered the final EL2, at which time staff reported on the major issues, significant impacts and mitigations, as well as consents received fran indivirinals, organizations, and public agencies on the draft EIR and the responses given thereto; and i is AS the Planning Csnnssioa heard public testimony on the final ELF and adequately addressed such testimony; and YIIIIIREAS the final EIR identified certain significant a viromental impacts reel r;ng mitigation; NW, 'fir PE IT RE931VID R4AT the Planning'(kmnissicn finds that the proposed project would have significant effects with regard to visual quality, transportation, sch3o1 fsr'ilities, air quality, paleontology and raise, and that changes or alterations should be required in, or incorporated into, the proposed project, which avoid or substantially lessen the significant emr ranental effects thereof as identified in the final EIR and as described in the explanation of findings attached endimde a part hereof as Exhibit "A", and 3f FURIMI RESOLVED THAT the Planning Oammissien finis that the project will not have a significant effect en the environment with regard to land use, Mural resources, toxic materials, geology, hydrology, biology, shadowing, and water quality; and FOB REsOLVE7 THAT the Planning Catmission certifies that the final Eat has been completed in compliance with the xequitiaaants of the California Environmental Quality Act (C O\)r State =ft Guidelines and National City iiavixocsaSTItal Guidelines; and WM= SEM= aillAT the Planning 0: mission reoaste des that the City Owl, having final approval authority over the project, yoke the above findings, and adopt the explanation of findings, certify that the final EIIi has been oanpleted in compliance with CEIN1, the State CEO% Guidelines. and Rational City Envixnnnental Guidelines, aid review and consider the information contained in the Eat prior to rendering the final decision cal project approval. FINALLY RESOLVED THAT copies of this Resolution be , transmitted forthwith to the applicant and to the City Council. C LCTIFICATICM: This certifies that this Resolution was adopted by the Planning Ca:mission at their meeting of July 16, 1990 by the follaaing vote: AYr^S: YEWS: pig i$^IM: Rood ABSENT: Rovrey, Zarate a 1 Ladd. Detzer, Aguilera, Godahalk ✓ j EKED BM A RESOLUTION ND. 21-90 CASE FILE NO. IS-88-55 EXPLANATION OF FINDINGS Visual Quality A. Impacts The proposed project would be pcteni ial ly sensitive from the standpoint of the adjacent established residences. qe'ifically, the residences viewing the project along Calmoor Street would be directly adjacent to the two-story buildings on the eastern portion of the site. Due to the proposed placement of the buildings fronting directly onto the yards of off -site hones, views from the proposed units would look down into the yards and windows of the existing, adjacent residences to the east. • B. Mitigation This situation is considered significantly adverse • in that no effective buffer between the proposed buildings and the existing homes is proposed at this time. Mitigation of thi-> anticipated impact would require a re -orientation of the plateanent of the proposed buildings to avoid direct intrusive views, or a visual buffer between the proposed second story structures and the existing homes. 2. Transportation A. Impacts Due to the relative offset between the centerline of the proposed west driveway, and a private street on the opposite side of Sweetwater Road, conflicting travel paths for exiting left -turn vehicles result. B. Mitigation In order to reduce the negative impact of conflicting travel paths for exiting left -turn vehicles at the proposed west driveway, the west driveway shall be relocated further west so that the centerline of the driveway matches up with that of the adjacent street. 3. Public Services and Facilities - Schools A. Schools Impacts The project is anticipated to have a significant effect on both Chula Vista City School District and Sweetwater Union High School District facilities. These impacts are determined by the school districts to not be completely mitigated by required developer fees alone. The project will generate approximately 71 9n new elementary school students equal to two and'ene-half new classrooms. It will also generate approtelY 18 junior high school students and 34 high school students. B. Mitigation Required developer fees, authorized by State law, provides mitigation of impacts to school facilities. Voluntary cooperation by the developer to annex to a )Mello -Roos district would further mitigate the impacts. Voluntary payment of additional fees beyond the required developer fees would also provide additional mitigation. 4. Air Quality A. Impacts Development of the proposed project is not anticipated to result in site specific air quality impacts. The project would contribute, however, to significant cumulative impacts to air quality at two nearby " intersections (Sweetwater Road at southbound 1-805 ramps/Euclid Avenue and Sweetwater Road and northbound 1-805 ramps). B. Mitigation In order to reduce emissions, the following transportation tactics from the RAQS (Regional Air Quality System) are identified and will be available to the proposed development. They include, 1) Ridesharing, 2) Bicycling, .3) Transit, and 4) Walking. Availability of these tactics is anticipated to reduce potential impacts to air quality to below a level of significance. 5. Paleontology A. Impact The project site is underlain, in its southern half, by marine sandstones of the" San Diego Formation. This rock unit is considered to represent a significant paleontological resource, and any grading of the San Diego Formation on the project site may result in significant impacts to fgsaij;ferous material. B. Mitigation The potentially significant impacts to fossil remains from site grading can be mitigated by the implementation of a series of eamcnly used measures. They include: 1) retention of a qualified paleontologist, 2) a paleontologist at pre -grade 37 meetings, 3) a paleontologist site monitor, 4) recovery of discovered fossils, 5) remains of fossils to be recorded and cataloged, and 6) a final summary report be prepared. 6. Noise A. Impact Four classes of noise effects were identified that would be AS- 'stead with }project implementation. They include: Future traffic on Sweetwater Road - Temporary nuisance noise impacts construction - Fixed nuisance noise sources within Unit Development - Intermittent nuisance noises within Unit Development during site grading and the proposed Planned the proposed Planned B. Mitigation 1. All units with a direct line of sight to Sweetwater Road shall be air conditioned (this is to assure the future residents of having a closed door/window option at all times) 2. All winr_iows and doors with a direct line of sight to Sweetwater Road shall be constructed such that there is sufficient insulation as to prevent any acoustical leakage around frames, doorjams, and the like. 3. No air vents or similar appurtenances will be oriented such that they would have a direct line of sight to Sweetwater Road. An open air vent facing directly onto Sweetwater Road could act as a noise conduit to the interior of the unit. 4. Prior to issuance of building permits, a specific interior acoustical study to assure compliance with Title 24 will be ecmpleted. 5. Prior to issuance of grading or building permits an additional acoustical study shall be performed to assure that all Exterior use areas are not subject to adverse noise levels. 3e RESOLUTIQN NO. 16,316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING AN AMENDMENT TO THE ORAL PLAN AND A SebtaIC PLAN FOR 175 RESIDENTIAL CONDOMINIUM UNITS ON THE SOUTH SIDE OF SWEETWATER ROAD, EAST OF PLAZA META. APPLICANT: L & H DEVELOPMENT, INC. CASE FILE NOS. GP-4-88/ZC-8-88/SP-1-88 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan to change the land use designations on the Combined General Plan/Zoning Map, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on August 14, 1990; and, WHEREAS, the City Council considered the recommendation endation and findings of the Planning Commission for approval of a specific plan to carry out said amendment to the General Plan, along with evidence and testimony presented at the duly advertised public hearing held by the Council on August 14, 1990; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California; and, WHEREAS, held studies the Planning Canmission and City Council have caused and duly and proceedings for adoption of the proposed specific plan pursuant to Title 7, Chapter 3, Article 8 of the Government Code; and WHEREAS, the Planning Commission at a duly advertised public hearing held on July 2 and 16, 1990 considered the proposed amendment to the General Plan of The City of National City and the proposed specific plan, along with all evidence and testimony presented at said hearing, and along with the final environmental impact report (IS-88-551: and 39 WHEREAS, the Ci Council recognizes the = • desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community; and WHEREAS, the City Council recognizes the need and desirability to provide specific guidance for implementation of the General Plan by adoption of a specific plan in compliance with the general plan for the area of the south side of Sweetwater Road, east of Plaza Bonita, approximately 100 ft. west of Calmoor Street; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and welfare. NOW, THEREPORE BE IT RESOLVED that the City Comcil has considered the final environmental impact report and finds that the project will result in significant effects on the environment and that changes or alterations required in, or incorporated into, the project avoid or substantially lessen the significant effects, as explained in the final ESR (IS-88-55) and explanation of findings incorporated in the City Council resolution certifying the final EIR; and BE IT FLIER RESOLVED that the City Council finds that the proposed general plan amendment is in the public interest since it is consistent with the City's housing element policies, and higher density housing is appropriate for the site, near regional shopping and transportation facilities; and BE IT FURTHER RESOLVED that the City Council finds that the specific plan and general plan amendment will be consistent with City policy to protect established single-family neighborhoods from inappropriate higher density or non-residential development, since conditions of approval require design modifications regarding location and building pad elevation for structures along the eastern portion of the site, and since no direct access between the site and adjacent single-family residential neighborhoods will be provided; and BE IT FURTHER RESOLVED that the City Council finds that the specific plan is consistent the City's General Plan and the proposed RM-1 designation since it will provide increased homeownership opportunities in the City, will improve the range of housing opportunities in the City by providing higher quality lousing, and will permit 175 residential units at a density of approximately 11.7 units per acre, and the RM--1 designation permits 22.9 units per acre; and BE IT FURTHER RESOLVED that the City Council hereby amends the land use designations of the General Plan on the Combined General Plan/Zoning Map from RS-3-GP-TZ (CG-PD), Residential, Single-family Extendable, with a tentative zone overlay designation of General Commercial -Planned Development, to RM-I-PUD, Residential, Multi -family Extendable -Planned Unit Development, for approximately 15 acres of property located on the south side of Sweetwater Road, east of Plaza Bonita, approximately 100 ft. west of Calmoor Street, as further described by case file location map (case file nos. GP-4-88/ZC-8-88/SP-1-88) on file in the office of Lae City Clerk; and BE IT FURTHER RESOLVED that the City Council adopts a specific plan for the 15 acre area with the following Conditions: 1. A subdivision map and site development plans, including grading, Wilding, ,landscaping and other improvement plans for the condominium project shall be submitted for City approval in conformance to site development plans described in the E R (IS-88- 55), and Exhibits A and B, Case file No. SP-1-88 dated 6/28/90 and 7/5/90, except as otherwise required by conditions of approval. The number of units shall not exceed 175, as shown on the site development plan, Exhibit "A". 2. The approved specific plan shall supersede the requirement of the PUD designation for a planned development permit. No planned unit development permit shall be processed which does not conform to the specific plan. '7/ 3. Project 'gn modifications and submitted approval by the Planning plans shall be ssion to avoid rows of buildings facing the eastern project boundary, to reduce building pad elevation near the eastern project boundary, and to relocate the westerly project roadway access, as described in the environmental impact report (IS-88-55). 4. The 15 acre site shall be developed as a single project. 5. The potentially significant impacts to fossil remains from site grading shall be mitigated by the retention of a qualified paleontologist to monitor grading operations and carry out an appropriate mitigation program, as described in the environmental impact report (IS-88-55). 6. The following measures are required to mitigate noise impacts, as explained in the environmental impact report (IS-88-55). a. All units with a direct line of sight to Sweetwater Road shall be air conditioned. b. All windows and doors shall be constructed such that there is. sufficient insulation as to prevent any acoustical leakage around frames, doorjams, and the like. c. No air vents or similar appurtenances will be oriented such that they would have a direct line of sight to Sweetwater Road. d. Prior to issuance of building permits, a specific interior acoustical study to assure compliance with Title 24 will be completed. e. Prior to issuance of grading or buildingpermits an additional acoustical study shall be performed to assure that all exterior use areas are not subject to adverse noise levels. 7. The subdivision map for the project shall be submitted to the sty Department of Health Services for review. Documentation shall be provided from the County Department of Health Services indicating no adverse effect on adjacent, subsurface sewage disposal systems. The subdivider shall provide for sewer connections for the adjacent lots, if determined necessary by the City Engineer and Dainty Department of Health Services. 8. The following improvements/requirements shall be completed with approval by the City Engineer: a. The on -site pavement structural section shall be a minimum of 2" A.C. on 4" A.B., or per the soils report. b. A. soils ..eL shall be submitted to the City Engineer for review. The report shall address all of the slopes, bearing pressures of soil, and stability of slopes. All the slopes shall require submittal of landscaping plans, which are subject to approval of the Planning Department. c. Grading and drainage plans shall be submitted which show all the proposed and existing improvements. The plans shall be prepared in accordance with the City grading and drainage requirements. d. The off -site and on -site drainage studies shall be submitted for review. e. The developer will be required to provide the City a 35 ft. wide (maximum) drainage easement for the proposed triple box culvert. f. The street widening and curb, gutter and sidewalk improvements along the frontage of the north property line and triple box culvert installation on Sweetwater Road shall be in accordance with City Drawings No. 5821-D to 5825-D.or `7s3 as approved by the City Engineer (the drainage easement may be relocated within the roadway right -of -may). The structural sections shall be in accordance with the soils report, but not less than the thiclaiess as shown an the City' s drawing 113-S-B. Land to be dedicated for street purposes shall be 21 ft. wide maximum. g. The private street improvement plans shall be suixnitted. private streets Shall be a minimum of 30 ft. wide, except for driveways to garage areas where no on -street parking will occur. h. The developer shall submit a cost estimate and deposit 3% of the cost estimate with the City Treasurer for the plan Checking and field inspection. 9. The following conditions shall be satisfied regarding fire protection. a. The required fire flow for the project will be 1500"GPM for 2 hours at a minimum 20 PSI residual. Sweetwater Authority must verify in writing to the National City Fire Department that this flow can be met. b. Approximately nine (9) fire hydrants will be required. c. Access roadways must be maintained at a minimum of 20 feet wide and turning radius a minimum of 24 feet. . d. Any security gates used will be required to have a knox box mounted at the gate entrance for Fire Department use. e. Addresses must be provided on each unit in a visible location and on a contrasting background so that they can be seen easily. If necessary, an additional address directory sign shall be located at the entrance to the caaplex. f. Smoke detectors shall be provided for each unit In with the Building Code. g, A fire extinguisher, type 2A:10BC will be required in the recreation building and one at the pool/spa. 10. The following cxclitions shall be satisfied to improve police security. a. Entri' into the telex shall be restricted by an electric operated gate. The As on tion shall agree to remove graffiti from walls within 48 hours, and to prevent graffiti, the landscape plan shall require vines planted to grow on the walls. The project should follow City requirements security devices such as locks and dolts. Rear building elevations (garage entrance side of buildings) shall be modified to provide additional architectural detail, with approval by the Director of Planning. 12. Site development plans shall be revised to relocate the swimming the satisfaction of the Director of 11. b. c. pool and tennis court, to Planning, away L.us the project boundary to a central location within the project or closer to Sweetwater Road. PASSED and ADpPTF9 this 21st day of August, 1990. GEORGE H. NITERS, MAYOR relating to ATTEST: s► R' 6 ANNE PEOPLES, CITY APPROVED AS TO BOMA: GEORGE H. ETHER, III Passed and adopted by the Council of the City of National City, California, on August 21, 1990 by the following vote, to -wit: Ayes: Nays: Absent: Abstain: Councilmen Dalla, Inzunza, Pruitt; Van Deventer, Waters Councilmen None Councilmen None Councilmen None AUTHENTICA'Ia) BY: GEORGE H. WATERS Mayor of the City of National City, California (Seal) By: LORI ANNE PEOPLES City Clerk of the Cit1 of National City, ialifornia Deputy I HEREBY CERTIFY that the above and foregoing is a. full, true and cor- rect copy of RESOLUTION NO. 16,316 of the City of National City, Calif., passed and adopted by the Council of said City on August 21, 1990 By: City Cl rk of the City. of National City, California Deputy SWEETWATER NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. SP-I-88 DATE: 6/28/1990 UNITS 177 GARAGES (2 CAR) 177 GUEST PARKING 107 NORTH lOW) • I' . NATIONAL CITY PLANNING DEPT. EXHIBIT B CASE FILE NO. S-2001-2 DATE: 12/31/2001 BONITA SWEETWATER CONDOMINIUMS WHITAKER INVESTMENTS • SILII\Afl V I4n1 AR(HIJ QS ■ I r.!TPOPOI,TA 1 DeI•I SnI!r 4(;6 `Am J ICn° tAu1rOP1A 0: ,,.e PRO)CG OWfICR NritMCR RMS' r115 P.O COX 1 2440.S411 IC00, CA 021 12 52o 1451AS11 SIRCC3 SUR[ 500 541 DICOO. (A 02101 A1011C (610) 258-18)2 C/3 to5 PROJCG SU/TORT 1(37 TOM unRS 55 01.01135 I SNYYRI10 POOL 53o=AOC wino 401151OR PARPR10 UnIT DRCAI(DOWn 16410141 uf35 OCDROON0AlI1 50 11 10 DRC A um » R-2 1 /20A 1500 sr. 10TRo UI125 15R-21/219 1048 Sr 00I1R(1111115 209-2 1/219 15005f 0311PCDUIIQS 35R-2 1/2DA 14285R (84184( 5044RC roomar 1101 RfLUIXD In 40014) 5ITC Pwn NATIONAL CITY, CALIFORNIA APPLICATION for: / Specific Plan Amendment of a Specific Plan 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 SEE FILING INS'J7WCTIONS AND CHAPTER 18.112 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. UWe hereby request the National City Planning Commission to set a public hearing to consider a Specific Plan or an Amendment of Specific Plan No. 5T— I — 2 , Ordinance No. or Resolution No. I (0, 3 I G to accomplish the following: M eV 1 ZO St'IN(n( M1�'t Err -- � E{-o-S .AT A De.7.tat-t-t� OF DU /Ait✓4ZC— . TNT cuRREr. r SI�c-tFtC P(s 1 pegAil 4-5 A C-t4km Ors AT A 'bENStT`7 OF 11.1- Dli Ac.2� PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Numbers Z - n Filing Fee $ 2 l�Receipt No. —7/6616" 1 Date Received 3 (j rVQ By 4:2., E.A.F. Required Fee $ Related Cases S -3 NOTE: 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. Sketches, maps, etc. that will aid the Planning Commission's review of this request are encouraged. Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 1 of 5 This request for a public hearing for a Specific Plan or Amendment of a Specific Plan is being requested for the following reason(s): C-ADu c10(to1c CAMµu n L.LCD s AN n l E 6. i7 Wo 1.4 E 8%t L .. D12- t-k AS 1rt-4"-C- 'DfkY? 'Irt"7 4>✓ s c 1�� P+4 o-rf-I4'rZ_ L s -ram au C LID 120 F�cE4--1:=3 COkiIZvi' $ -' -1-Lt ' {—MSS IN U c-u O� -CN-E Pert-o tEO pxTcuc-n 144 unt-rs (N 33 3 6 33 1 tit 6.S AMC) ©t 4' s CYVA. (PhM I (L-( ib t�trc . PROPERTY OWNER(S) of all property included in this application: (Attached a sheets if ngcessary). Name: Signs Signature (Si acknowledges that this (Signature acknowledge: that this application is being filed) application is being tiled) Address: 52O WEST / tk Address: CIO Phone No. (0 (9 - 23 8 — ( g 32 FaxNo. -S3j-- (113 Date: Phone No. Fax No. Date: Note: All owners of properly within the boundaries of the existing and proposed Specc Plan must sign their consent. Attach an ownership list with consent signatures for more than one ownership. Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 2 of 5 Address: APPLICANT Name: C-7N c otz-o i s', (1 ra �� n i-rCC S L L-c- - \s k.To (Please tXpe or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). 1 ci 03 UJ Iz- Gi E-(-r Co RN/20301 Phone No. •q(00 — c3OA Fax No. 60 SoA--IS- Date: 3V2i / 03 ATTACHMENTS: Land Use Code Section 18.112.090 California Government Code Section 65461 Specific Plan or Amendment of a Specific Plan Application Revised December, 1998 Page 3 of 5 5/ NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number t ' zQ . g•- Fiiing Fee $ 1 cE2-5 Receipt No.-71V Date Received ?, (Zlb'3 By E.A.F. Required Fee $ Related Cases Alt-- Se- 1- tg SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION ASSESSOR PARCEL NO. 540'320 - 1, P', `3, IO, ((J IZ, ILI,15, th), 11,I8)(9,ZO PROPERTY LOCATION l*N Soui 4 StvE nF S1tAle=cTV4 ht — R-o' wEs'r OF C.AL AOOIZ S'11Z-EET E .ST OF— 2iI-4&. IAA') COMBINED GENERAL PLAN/ZONING DESIGNATION M - 1- - 130Th Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 .0 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: CsorsvL7AN7i Name: Signature / Signature this (Signature acknowledges that this (Si ��� acknowledges that application is being filed) application is being filed) Address: 7 ' M1S5'0, j if Address: ,5-11 Tr Ins SitioViego CA 921ag Phone No. G 19. Z82 •0,9 ' Phone No. Fax No, Co 1c1 • 21'i • °i 39 Date: _.,?•(•b3 Fax No. Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary Name: ;��5/ i �� Q ?Z. Name: Signa����� Signature (S. r tur ac . owledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 520 ul Eh' 4.414 ST �iJ rr 300 Address: Sys e, C�.92(0 Phone No. G(a- 238- I $32- Phone No. Fax No. 1q—1 — Fax No. Date: 3 A( /0 3 Date: Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 53 APPLICANT Name: %/t a.Nu ��- % t�-t0 Cones rtDt bk. Comwin 1 n s LLC. (Please type or print) Signature: (Signature certifies that the informa on submitted with this application is true and accurate to the best of the applicant's knowledge). Address: I 9 0 3 W 12t G S IJ I i E I Zo Cps.12-i S 0l�D C1 1f0t2 in t(ps 9-zoo 2 Phone No. 72ce — ' 04 — I S� Fax No. —l% ° Date: /Zt/off Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 April 14, 2003 Mr. John Cain Associate Planner Planning Department City of National City 1243 National City Blvd. National City, CA 91950-4301 RE: BONITA COURTS CONDOMINIUMS A proposed residential condominium development consisting of 120 detached units in the City of National City. Dear John: Pursuant to your request I would like to provide you with a written description of the proposed development to complement the application package that we submitted last month for an Amendment to the existing Specific Plan No. and for a revision to the currently approved Tentative Map. As I mentioned to you we are in the process of purchasing the property with the existing entitlements that were approved in May 2002 that allowed us to construct 174 attached condominium units and one single family lot, however with the current application, we. are proposing to develop the property at a much lower density and construct 120 detached condominium units instead of the previously approved concepts of attached 3 to 6plex buildings. Please let me know if you need any additional information. Sincerely, CONCORDIA COMMUNI I'1bS LLC. Manuel Nieto Vice President 1 1903 Wright Place ♦ Suite 120 + Carlsbad, CA 92008 Telephone No.: (7601 804-1576 ♦ Fax No.: (7601 804-1577 55- BONITA COURTS DETACHED CONDOMINIUMS A proposed residential condominium development consisting of 120 detached units in the City of National City, California 1. Proposed Project Concordia Communities LLC., proposes to develop a subdivision for 120 detached condominiums. The project proposes to reduce the overall density of the original approved Specific Plan by 30%. The approved Specific Plan proposed 175 attached units and the subsequently approved Tentative Map proposed 174 units and one single family home. We are proposing to develop detached individual two story condominium units with an attached two -car garage and an enclosed fenced private yard. Most of the units will be located in private courtyards of 6 and 10 individual detached buildings with a minimum separation between buildings of 6 feet. Concordia's plan proposes a recreational area with a pool and a Jacuzzi as well as a small cabana building with restrooms. In addition the plan proposes two family recreational green belt areas throughout the project. The stream on the site will be preserved and there will be a large amount of open space at the west end of the property, including the wetlands and the adjacent area at the base and slopes of the westerly knoll. The community will be gated with access from Sweetwater Road. There will be one entry/exit near Fairlomas Way and an exit only driveway nears the east end of the project. Bridges will be constructed across the stream for access to the southern portion of the development. The main circulation road will be 30 feet wide with a sidewalk on one side to provide a safe path to the recreational areas. In addition to the 2 car garages, there will be 37 visitor parking spaces distributed throughout the site. Project grading will take place on 10.6 acres of the site. The site will be graded creating pads stepping down following the topography of the site that slopes from south to north towards the stream. Building pads on the north side of the project along Sweetwater Road will be form 2 to 6 feet lower than Sweetwater Road and 6 to 8 feet higher than the stream. Building pads on the south side of the stream will also be higher than the stream with the development sloping upward toward a slope at the south property boundary. Building pad elevations for the new detached condominium units will be 26 to 30 feet lower than the pads for the existing -family homes to the south in Bonita. Along the west property line building pads on the north side of the stream will be 5.5 feet lower than the pads for the existing -family homes on Calmoor Street and on the south side of the stream 3 to 4 feet higher than the pads for the existing homes. The total grading for the project includes 110,000 cubic yards of imported fill. There will be retaining walls along the south side of the stream up to 12 feet in height. This wall will be Keystone -type planted with fast growing vines. No retaining walls are proposed along the north side of the stream or along the southern property boundary. We are proposing four detached condominium floor plans proposed, which range from 1350 to 1730 square feet. The units will have 3 to 4 bedrooms with 2.5 baths. The footprint of the first floor of the units covers an average size of 600 square feet and each unit will have an enclosed fenced private yard with an average size of 580 square feet. All units will have an enclosed yard covering an area of approximately 580 square feet. Two of the plans for the units will have a 70 square feet balcony. All the units will have a fireplace. The first floor of all units will have a high nine -foot ceiling and two of the units will have a computer center area at the top of the stairway. The exterior of the buildings will be stucco with red -tile roofs. On all the sides of the units numerous windows are proposed along with variations in wall and roof plane and significant architectural detailing from unit to unit. The proposed detached units are set backed from the property boundary by 20 feet along the north boundary, 10 feet from the east boundary, 20 to 85 feet from the south boundary and 25 to 100 feet from the west boundary. Landscaping for the project includes planting of native vegetation around the stream and wetlands. Although existing vegetation will generally remain unchanged in the wetlands and stream, Concordia is proposing to remove weeds and replant this area with native vegetation. The overall landscape plan includes numerous trees along the street, at the property perimeter, and throughout the interior of the project. Fast growing vines are to be planted on the Keystone Retaining walls. 2. Analysis of existing project to proposed project The primary differences between Concordia's plan and the 1990 approval are that we have updated the proposed project and we have modified the plan in response to an updated biology report to avoid impacts to the wetlands and stream, we have decreased the density considerably and all of the proposed units are detached instead of the attached 5 and 6 plex massive buildings that were previously proposed. In addition Concordia's plan proposes detached homes facing east instead of rows of attached buildings, reducing the building pad elevations to allow privacy for adjacent single-family homes, relocating the west driveway to avoid conflict with Fairlomas Way, and relocating the recreational activities away from the homes along the south property line. In addition Concordia's plan proposes to add greater architectural detail around all sides of the units and creating a gated community with a natural stream and enhanced landscaping by replanting the wetlands with native vegetation and the Keystone -walls with vines to provide an aesthetic and pleasant environment for the future families to enjoy. Characteristics of the original 1990 approved Specific Plan, the 2002 approved Tentative Map and Concordia's proposal are listed in the following table for comparison: 3 Original Specific Plan Approved in 1990 175 attached condominium units. Density 11.8 DU/acre 30 buildings with attached units 5 plex to 6 plex 2 story living units above a 2- car garage. Visually the building is seen as a 3-story component on the back and 2 story on the front. Four unit types from 1,300 to 1,550 square feet with 2 and 3 bedrooms and 2 and 3 baths All units split level with vaulted ceilings in the living room Stucco exterior with tile roofs. On site tennis court, swimming pool, recreation building, tot lots, greenbelt Eliminates the stream and wetlands. Units do not have private yards. Tentative Map approved in March 12, 2002 174 attached condominium units and 1 single family home. Density 11.8 DU/acre 33 buildings with attached units 3 plex to 6 plex 2 story living units above a 2- car garage. Visually the building is seen as a 3-story component on the back and 2 story on the front. Four unit types with 1,366 sf, 1428 sf, 1500 sf, and 1648 sf with 2 and 3 bedrooms and 2.5 baths -No split level units. 148 units have 9-foot ceilings in living room, 16 units have ceilings open to second floor in the living room. Stucco exterior with tile roofs. On site, swimming pool, tot lots, and open space including stream and wetlands. Stream and enhanced wetlands to remain. Units do not have private yards. Current Proposal by Concordia Communities LLC in 2003 120 detached condominium units. Density 8.3 DU/acre. Decrease of density = 30% 120 detached individual units 2 story living units with a 2 an attached 2-car garage. Visually the building is seen as a 2-sto building. Four unit types with 1,353 sf 1448 sf, 1629 sf and 1734 sf with3 and 4 bedrooms and 2.5 baths All units have a uniform 9- foot ceiling on all the first floor. Stucco exterior with tile roofs. On site, swimming pool, Jacuzzi, cabana with restroom facilities, tot lots, and open space including stream and wetlands. Stream and enhanced wetlands to remain. All units will have a fenced private yard with an average area of 580 SF. 107 guest parking spaces for 175 units providing a ratio of 0.61 spaces per unit Minimum setbacks of 20 feet front property line, 15 feet east property line, 200 feet west property line and 40 feet rear property line. 46 guest parking spaces for 175 units providing a ratio of 0.26 spaces per unit Minimum setbacks of 20 feet front property line, 15 feet east property line, 15 to 90 feet west property line and 14 to 70 feet rear property line. 37 guest parking spaces for 120 units providing a ratio of 0.31 spaces per unit Minimum setbacks of 20 feet front property line, 10 feet east property line, 22 to 95 feet west property line and 20 to 85 feet rear property line. Community trash bins in wall enclosed areas throughout the development Community trash bins in wall enclosed areas throughout the development. Individual trash containers to be collected weekly at the curb line. 4 As the table indicates the major primary differences in the current proposal from the two previously approved plans are the substantial decrease in the project density, the change from an attached block of condominium units to a detached individual condominium unit, the lowering of the building height from the proposed attached building that had a 3 story element in the back and a 2 story element in the front to a 2 story building, the preservation of the stream and wetlands, and the addition of a large size private yard to each of the units. All of the features of the condominium development comply with Code requirements and no variances are needed. The change in the proposed recreational facilities are in part due to the new emphasis on preserving the stream and wetlands, and including these as open space. The recreational building and tennis court were deleted and the project added large fenced individual yards to each of the detached units that will be exclusively used and maintained by each individual homeowner. This will help Concordia keep the homeowner's association fees low and encourage potential buyers. The reduction that Concordia proposed for the guest parking complies with the minimum Code standards for condominiums. Storage ging areas are added inside the garages to encourage the use of garage space for parking. Some of the retaining walls that we are proposing are in locations that will be visible to the public. The majority of the walls occur along the south side of the stream and wetlands at a maximum height of 12 feet. Concordia is proposing to construct these walls as Keystone type walls and the walls will be planted with fast growing vines. 3. Environmental compliance of new project to existing EIR The following are some of the items that are affected by Concordia's proposed plan: Transportation In the area of Transportation the current project decreases the 1060 estimated ADT's that were going to be generated by the 175 unit project from the projected to 720 ADT that will be generated by the 120 unit project, a 32% decrease in ADT's. AestheticNisual Quality/Land Form The revised project design has four primary differences from that considered by the EIR, which will affect its appearance. These design changes and their impact on the project aesthetics are considered below. First the project is designed around the wetlands and the stream so that they will be preserved. Designing the project to include rather than remove these features should improve the appearance of the project both from within the site and from passers -on Sweetwater Road. Although the stream and wetland are not highly visible from the road since they are below the grade of Sweetwater Road, they do provide an attractive natural feature that is atypical for the area. Secondly, the project proposes individual detached units facing the single-family residences to the east. The presence of rows of units overlooking the rear yards of existing single-family homes 5 on Calmoor Street from a higher elevation are identifies as a significant impact in the EIR. The project design carries out the proposed mitigation measure by detaching the homes and reducing the height of the building pads an average of 5 feet for the units along the east property line. Thirdly, the detached condominiums will be nearer to the southern property boundary than previously proposed. The EIR indicated that there would be no significant impacts on the residents of Crela Street and Putter Drive since the rooflines of the condominiums would be lower than the horizontal line of sight from persons standing in the rear yard. Furthermore, setbacks and landscaping would be present to enhance these areas. With the revised design, the detached condominiums nearest properties on Crela Street abutting the southernmost portion of the property (units 39,66,67,68,76,77,78,79,85,86,87,88) are setback 30 to 85 feet from the property line; the tennis courts and units were setback 30 and 55 feet previously. The detached condominium units are at least 105 feet from the nearest homes on building pads between 26 to 41 feet below the elevation of building pads for the homes, and the new units will be a maximum of 23 feet taller than the pad. For an observer standing in the rear yard of the adjacent homes, only a few rooftops of the new development will be visible, and proposed landscaping along the slope adjacent to the property will obscure the view of the rooftops. Due to the separation between the units and the existing homes, the height difference between the uses, and the presence of landscape buffer, visual impacts in this area will be minimal and not significant. Units on the west side of the project (units 92, 93, 100, 101, 102, 105, 106, 109, 116, 117, 118, 119, 120) abutting properties on Crela Street and Putter Drive will have smaller setbacks from the property line, with minimums of 22 to 80 feet. Units previously were at least 40 feet from these property lines. The units are at least 70 feet from the homes on Crela Street and at least 65 feet from homes located on the east -most properties on Putter Drive. Building pads for the condominium units will be at an elevation 15 feet lower than the building pad for the most northerly home on Putter Drive and 22 to 24 feet lower for the other four homes that abut the project on this side. The detached condominium units will face the rear yards of these five single- family homes. Setbacks for this portion of the project are similar to setbacks for those on the east portion of the site abutting lots on Calmoor Street. Since these buildings will be substantially lower than nearby homes, only 4 of the detached condominium units will have a window at a high enough elevation to see the adjacent rear yard for one of the single family homes, the most northerly on Putter Drive. Since a landscape buffer will be present and a 3-foot or taller fence or hedge would completely eliminate any potential view of the homes from the condominium units, no significant privacy issues exist. Although the views of the property will change substantially, the new view of rooftops rather than vacant land and single-family homes is not a significant adverse impact. 6 City of National City, California COUNCIL AGENDA STATEMENT *REFER TO ITEMS #21 & #22 MEETING DATE June 17, 2003 AGENDA ITEM NO. 2 i'ITEM TITLE A PUBLIC HEARING TO CONSIDER A SEWER RATE CHANGE IN EACH OF THE NEXT THREE FISCAL YEARS 2004, 2005, 2006, AND AUTHORIZE THE PUBLIC WORKS/ENGINEERING DEPARTMENT TO PLACE SEWER BILLING ON THE PROPERTY TAX ROLLS PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4580 See attached explanation. DEPARTMENT Public Works/Engineering r Environmental Review X N/A Financial Statement The burden of the increased rates w The cost of placing the sewer billi � r STAFF RECOMMENDATIO•� dry, Hold the Public Hearing to . - a sFrate cha II on all the sewer service recipients. y& rolls • built into the new rates. Finance Director Account No. e in each of the next Fiscal Years 2004, 2005, 2006, and to consider authorizing the Public Works/En ineering Department to place sewer billing on the property tax rolls. BOARD / COMMISSION RECOMMENDATION N/A ATTACH MENTS (Listed Below ) 1. Exhibit A - Proposed Sewer Rates 2. Exhibit B — Rate Comparison Table Resolution No. A-200 (9 99) Explanation: The cost of wastewater collection, transportation and treatment has increased dramatically. Wastewater rates charged to residents and businesses must be increased to keep up with the rising costs. Wastewater rates are proposed to increase over the next three years. The proposed increases are shown in Exhibit A. The current rates generate approximately $4.9M annually. The rates as proposed will generate approximately $6.1 M in FY 2004, approximately $7.0M in FY 2005, and approximately $7.7 M in FY 2006. In FY 2004, the cost of providing wastewater service will total approximately $6.8M, and increase each of the next two years. It will be necessary to augment the wastewater budget in FY 2004 with approximately $700,000 from the Wastewater Rate Stabilization Reserve to cover the cost of wastewater collection, transportation, and treatment. Approximately $540,000 of those funds will be recovered over the next two fiscal years. Three major factors play a role in the increase in costs that we are experiencing here in National City. They are: 1. The increased amount being charged by San Diego for wastewater treatment. 2. The increased wastewater flow beinggenerated by National City - primarily due to San Diego installing additional and more accurate flow meters. 3. The requirements of the State issued NPDES stormwater pollution prevention permit. All National City's sewage is transported to Point Loma for treatment. The amount being charged by San Diego has increased significantly over the last few years and the increases are projected to continue. The Metro Wastewater Joint Power Authority, of which National City is a member, hired an independent auditor to review the costs being passed on the member agencies. Without exception the auditor concurred with the validity of the costs. All the sewage that is collected by National City is metered by San Diego as it enters their system on the way to Point Loma for treatment. For the last couple of years San Diego has been upgrading all their flow meters. The result for National City has been a significant increase in the flow and consequent charges for treatment. In fact, the increase was so significant that we contracted with an independent firm to temporarily install flow meters in series with the San Diego meters to assess the accuracy of San Diego's new meters. Daily flow was measured by National City's and San Diego's meters for several months then compared. The results showed that San Diego's new meters were accurate and the City will be charged more for treatment as a result. Finally, National City operates and maintains its storm drain system in accordance with the requirements of the California Water Quality Control Board's NPDES permit. This 1 permit has completely changed the way storm drain systems are operated. In the past the storm drain system was primarily operated and maintained with the goal of eliminating flooding of private property in the event of storms, and somewhat ignored at all other times. Now water quality is a major factor to consider in the operation of the system. As you know the storm drain system transports more than actual storm water. Significant demands are placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system. The California Water Quality Control Board has issued the NPDES permit that very prescriptively describes things the City must do to reduce or eliminate the amount of urban run-off pollution that enters as is carried through the system. These new requirements are very costly. Like many other cities that are subject to the permit, it is proposed that the wastewater fund be used to pay a portion of the costs. Exhibit B is included so that Council can see how the proposed wastewater rates compare with rates that other Metro member agencies in the region are charging. Exhibit B shows the rates being charged for single family service. National City charges a flat rate to residential users, as opposed to a water consumption based rate as is charged Commercial users. This residential billing practice is common when water and sewer are provided by different agencies. Exhibit B lists Agencies that likewise charge a flat rate for residential users, and converts data from Agencies that do not charge a flat rate to an average monthly rate so a comparison is possible. In addition to the issue of wastewater rates increases, before Council for consideration is the issue of transferring the collection of wastewater billing to the County of San Diego tax rolls. In other words the wastewater services will be a line item on each property owner's tax roll and be collected twice a year. Currently, wastewater service is billed every other month through the Finance Department. For many reasons, this method of wastewater service billing is ineffective. Over the last three years approximately $2.9M in "bad debt" has accrued. The success rate in collecting this bad debt has been very low. Placing the wastewater service billing on the tax rolls will eliminate this bad debt. It is anticipated that we will get the billing on the tax rolls for FY 2004. In order to do so, the data must be submitted to the County by August 10, 2003. There is a lot of work required to get the data in the County required format, but we are confident if we start immediately we can accomplish the task. Since National City is charged by the City of San Diego for wastewater transportation treatment regardless of our wastewater billing success, it is not possible to continue on accruing bad debt. It is also not possible to accurately determine rates that must be charged to National City residents and businesses to cover these charges if it is an unknown as to what will actually be collected. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years wastewater budget by approximately $700,000, then recover a total 2 of approximately $540,000 over the following two years. Currently there is approximately $3.0M in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. After the billing is transferred to the tax rolls, we will attempt to collect bad debt through the rolls. The City Attorney's Office will also use other means as necessary where it is not possible to use the tax rolls, such as in the cases where the debt was incurred by a tenant and not the property owner. It should be understood that based upon history, the success of these efforts might be limited. The Collection Agency that the Finance Department hired has only experienced a nine percent success rate. In fact, the Collection Agency recently informed the City that they would no longer be providing their services. Regardless, the rates assume that the Rate Stabilization Fund will be expended to cover the bad debt. When the rates are again reviewed for 2006 we will be able to determine how any remaining Rate Stabilization Fund balance be utilized if the collection efforts are positive. It should also be noted that it is less expensive for the City Of National City to use the County to collect sewer billing through the tax roll than it is to handle the bill collection in house. The cost the first year is approximately $60,000, then approximately $30,000 annually thereafter. The cost to keep the billing in house in approximately $250,0000 annually (in addition to the bad debt issue.) The issue of the tenant paying the wastewater bill brings up an important point. Property owners will see the wastewater fee on their tax roll. They will no longer simply require their tenants to pay for the service. As part of transferring the billing to the tax roll, we must also educate the users of the system of the transfer. We will do so through a couple of mailings. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years sewer budget by approximately $700,000, then recover a total of approximately $540,000 over the following two years. Currently there is approximately $3.0 in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. When the rates are again reviewed for 2006 we will then be able to determine how the remaining Rate Stabilization Fund balance be utilized. 3 Exhibit A National City Proposed Wastewater Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Current Rate 03/04 Rate 04/05 Rate 05/06 Rate Monthly Monthly Monthly Monthly $16.08 $22.08 $28.08 $32.08 $15.00 $19.00 $23.00 $25.00 $9.50 $13.50 $17.50 $19.50 Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solid Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids Strength Range < 200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 600 PPM > 600 PPM $2.41 $2.65 $3.36 $3.99 $5.19 $2.85 $3.09 $3.84 $4.60 $5.75 $2.89 $3.13 $3.90 $4.68 $5.86 $3.03 $3.28 $4.09 $4.90 $6.12 Exhibit B Comparison of Single Family Wastewater Rates for Metro Member Agencies 2000 2002 2003 2004 DEL MAR " $ 36.49 $ 51.65 $ 57.62 $ 59.50 CORONADO ** $ 31.64 $ 31.64 $ 31.64 $ 31.64 PADRE DAM " $ 29.45 $ 31.46 $ 32.69 $ 32.69 OTAY ** $ 28.95 $ 28.95 $ 28.95 $ 28.95 POWAY " $ 25.90 $ 30.10 $ 30.92 $ 30.92 ALPINE ** $ 24.25 $ 24.25 $ 24.25 $ 24.25 SPRING VALLEY ** $ 23.00 $ 23.00 $ 23.00 $ 23.00 LAKESIDE ** $ 22.08 $ 22.08 $ 22.08 $ 22.08 LA MESA " $ 21.25 $ 21.25 $ 28.70 $ 31.57 WINTERGARDENS ** $ 21.17 $ 21.17 $ 21.17 $ 21.17 CHULA VISTA " $ 20.06 $ 20.06 $ 19.00 $ 17.47 LEMON GROVE ** $ 17.08 $ 24.32 $ 30.03 $ 30.03 NATIONAL CITY ** $ 16.08 $ 16.08 $ 16.08 $ 22.08 SAN DIEGO " $ 28.38 $ 29.80 $ 41.31 $ 43.79 ** Flat Rate " Converted to Flat Rate 5 AGENDA ITEM. #3 City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption 6/17/03 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT EETING DATE June 17. 2003 AGENDA ITEM NO. 4 ITEM TITLE Resolution approving City Council Policy Number regarding use of the "Request for Donation Form" PREPARED BY DEPARTM Brenda E. Hodges, C.P.M. (619)336-4570 Purchasing EXPLANATION At the May 6, 2003 Council meeting, the City Council reviewed and accepted a report submitted by the Purchasing Agent regarding the issues involved in donating surplus property to non-profit agencies. The attached form was created to address the concerns and legal issues outlined in the original report, serve as a source of documentation, and to provide information for the requestor. Although the form outlines a basic procedural structure, it is anticipated that after going through the process several times, the procedures may need to be fine tuned. As such, the form and/or policy may come back to you for further revision. Environmental Review ^ N/A Financial Statement N/A STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Council Policy with Donation form (3 pages) Original Report from 5/6/03 agenda (for reference only, not part of policy) Resolution Approved Bym Finance Director Account No. N / A Resolution No. 2003-76 A 200,9 991 RESOLUTION 2003 — 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CITY COUNCIL POLICY REGARDING THE "DONATION OF SURPLUS CITY PROPERTY AND POLICE DEPARTMENT UNCLAIMED PROPERTY" WHEREAS, the City desires to establish a policy for the donation of surplus City property and Police Department unclaimed personal property to local, non-profit "501C3" agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that a City Council Policy entitled "Donation of Surplus City Property and Police Department Unclaimed Property", is approved as recommended by the Purchasing Agent. PASSED and ADOPTED this 17th day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CITY COUNCIL POLICY TITLE: Donation of surplus City property and Police Dept. unclaimed property POLICY NUMBER: ADOPTED: AMENDED OR REVISED: Purpose: To establish a policy for donating surplus City property and Police Department unclaimed personal property to local, non-profit '501 C3' agencies. Policy: Agencies requesting donations, must be local non-profit, '501 C3' organizations, as defined on the 'Request for Donation' Form. The 'Request for Donation' form provides legal definitions and release of liability. Forms must be picked up at, and returned to, the Council offices. A list of available surplus City property and Police Department unclaimed property will be given to Council members prior to the items being sent to auction. All requests for donations must be approved at a Council meeting. Procedures are outlined on the 'Request for Donation' form, and may be subject to periodic review. Related Policy References: none REQUEST FOR DONATION Local non -Profit `501C3' organizations may request donations of surplus City property or Police Department unclaimed property. Requirements: • The non-profit organization must have official non-profit `501C3' status (see back). • The non-profit organization must have a current National City Business License, a copy of which must be submitted with this form (see back). • The non-profit organization must have a physical location within the City limits (see back). • The non-profit organization must use their own vehicles and labor to claim the items (see back). • This form must be complete and legible when submitted. Surplus/Unclaimed Property Disclaimer: City property is usually declared `surplus' when it's broken, damaged, too costly to repair, or no longer needed by the City. Unclaimed property may contain items of various descriptions and quality. Availability, quality and functionality of any of these items cannot be, and is not, guaranteed. Return Policy: All donations are final. The City cannot accept return of unwanted items. Requestor (please print): Organization Name: Address: Contact Name/Requestor: National City, CA. 91950 Phone: ( ) Fax: ( ) Email Address: Items you are interested in obtaining: Desks Chairs File Cabinets Bookcases Computer Equip Misc. Office Equip. Tables Bicycles Sports Equip Educational Materials Vehicle Other. Please specify: Verification / Authorization (see back): Registered on GuideStar: Yes No Proof/print out attached? Yes No City Business License: Yes, license #: No: Copy Attached? Yes No Council Member Authorization: Date: Release of Liability: The undersigned hereby certifies that he or she is authorized to sign this document on behalf of the requesting agency, and that the requesting agency thereby agrees to indemnify and hold harmless, and at its own risk, cost and expense, defend the City, its officers, agents and employees from and against any and all liability, loss or expense to persons or property, including defense costs, legal fees, and claims for damages, arising out of, or related to, the access to or use of City property, including access to City facilities, and viewing, selection, removal, loading/unloading, or eventual use or transfer of donated/ surplus/unclaimed property by the requesting agency and any person using, operating or handling that property. The requesting agency further certifies that no guarantees or representations have been made regarding the donated surplus/unclaimed property requested, and as a condition of its transfer from the City thereby waives any and all claims that it may ever have against the City arising from the use or operation of the donated/surplus/unclaimed property. Requestor Signature: Date: Defmition of 'Non -Profit' Organizations: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." Definition of `Local': To be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Verification of Non -Profit Status: All non-profit agencies requesting a donation of surplus/unclaimed property, must have a National City business license showing them as tax-exempt. Business licenses may be obtained from the City's Finance Department at 1243 National City Blvd., (619)336-4341 or (619)336-4330. Registration with GuideStar, the national database for non-profit organizations (www.guidestar.org), is also recommended. Proof of GuideStar registry and/or a copy of the City's business license must be submitted with this form. Availability of Surplus/Unclaimed property: Surplus/Unclaimed property is processed for disposal 2-3 times per year depending on storage space limitations. If the surplus property is not needed by any other department within the City, it will be made available for donation. If your Request for Donation is approved, you will be contacted when the time comes for property disposal. Questions should be directed to the Purchasing Department (619)336-4570. Use of City Forces Prohibited: The use of City forces or equipment for loading or delivery of donated items is not allowed. Recipient must provide their own labor force, loading equipment and transportation vehicles. Recipient must pick merchandise up from where it is currently being stored (Purchasing Warehouse or Police Department). Process: • Non -Profit agencies may submit completed `Request for Donation' form with copy of City Business License showing tax-exempt status, and proof/printout of GuideStar registry, if available, to any one of the Council members. • The Purchasing Agent will periodically provide descriptions to Council members regarding surplus/unclaimed property that is available. • Council members will match the `surplus list' against requests. `Request for Donation' Forms will be forwarded to Purchasing Agent with Council authorization and recommendations. • Purchasing will submit A200 to obtain Council approval of all donation requests. • If approved, Purchasing will coordinate date/time with Requestor to view/pick up merchandise. • Remaining items will be sent to auction or otherwise disposed of in accordance with the Ordinance. Purchasing:H:Forms:Rgst-donation 5/21/03 Report regarding donation of surplus property to local non-profit `501C3" organizations Prepared by: Brenda E. Hodges, C.P.M., Purchasing Agent Council Agenda: May 6, 2003 Background: At the request of the City Manager's office, this report was prepared to address an inquiry from Councilman Natividad regarding the possibility of donating surplus property to local non-profit '501 C3' organizations. Donations to non -profits are possible, but decisions need to be made regarding: • How do we identify non-profit organizations? See definitions below • What should we donate? See types of surplus property below. • How should we donate? See options below. How Do We Identify Non -Profit `501C3' Organizations? Non -Profit Organizations Defined: According to the Tax Code, non-profit organizations are defined as: "Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. " Local: Per the City Attorney, to be eligible to receive donations of surplus city property, the non-profit organization must have a physical address within the City limits. Number of Non -Profit Agencies: According to GuideStar, a national database of non-profit organizations, there are 88 non-profit organizations identified in the City of National City. Records from our Finance Department show 76 agencies, however their list only includes those organizations with business licenses. In cross-referencing the two lists, it was determined that not all listings match. There could be about 100 organizations if both lists were merged. Recommendation: • Accept the above definitions for 'Non -Profit' and 'Local'. • Accept both GuideStar and Finance Department lists as identification of non- profits in National City. • Require any non-profit organization to obtain a City business license prior to granting them a donation of surplus city property. What Should We Donate? Types of Surplus Property: There are three categories of surplus property that are handled in different ways. • Police Department unclaimed property. According to Municipal Code, Chapter 2.44, unclaimed property must be auctioned and sold to highest bidder, after expiration of the applicable retention period. Current practice is that these items are sent to auction locally, with H&M Goodies performing the service. Donating these items would require a change to Ordinance 1673, and Municipal Code Chapter 2.44. Auction proceeds are deposited into the City's Asset Forfeiture Fund, and the amount varies depending on the type, quantity and quality of items being sold. Quality of items is typically `good'. Sample prices obtained for bikes at auction: $10.00-$50.00. Recommendation: Unclaimed property consists of a very random selection of merchandise, however bicycles are always available. It is recommended that donations of unclaimed property be limited to bicycles since they are consistently available. Change Municipal Code and Ordinance. • Vehicles. According to Ordinance 1673, and Municipal Code Chapter 2.42.040B, and Ordinance 92-2044, any item with a value exceeding $1000 must be: sold via solicitation of sealed bids in a local newspaper, .sold via County Cooperative auction, or consigned to a vendor to sell on our behalf. Occasionally a 'special use' vehicle has been consigned, but typically they are sold at the County Cooperative auction. Donating vehicles would require a change to the referenced Ordinance(s) and Municipal Code. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of the vehicles being sold. Quality of items varies per vehicle due to age, high mileage, accident damage, etc. Sample prices obtained at auction: '97 Ford Crown Vic $5000.00 '96 Ford Crown Vic $3750.00-$4500.00 '96 Ford Taurus $2600.00-$4500.00 '94 Olds Achieva Sedan $2750.00 '94 Buick Century Sedan $2900.00 '89 Chevy Pick Up Truck $3100.00 '89 Ford Passenger Van $4000.00 '87 GMC Dump Truck $7000.00 '72 Dodge Water Truck $3500.00 Recommendation: That we do not donate vehicles due to their significant value to the City. • Miscellaneous City property. According to Ordinance 1673 and Municipal Code Chapter 2.42.040A, items with a value of less than $1000 may be disposed on the open market without going to auction. In accordance with Municipal Code Chapter 2.42.03, these items are first offered to other City departments, and the remaining items are sold. These items are typically combined with Police Unclaimed Property and sent to H&M Goodies for auction. Auction proceeds are deposited into the City's General Fund. Proceeds vary depending on the type, quantity and quality of items being sold. Occasionally surplus items are still functional, and are being disposed of because they are no longer needed. Most of the time, the quality of these items is poor. Departments usually declare an item surplus because it's broken or too costly to repair. Value: The last 3 auctions resulted in proceeds of $291.55, $564.80, and $1446.70 Sample prices: Desks: $10.00-$50.00 Computers $10.00-$20.00 Printers: $5.00-$25.00 Tables: $5.00-$20.00 Chairs: $3.00-$12.00 File Cabinet $12.00-$17.00 Bookcase: $5.00-$15.00 Tires: $5.00 Tool Boxes: $5.00 Recommendation: That we make all miscellaneous city property available for donation. These common items could benefit non-profit organizations, 6. but their donation will have minimal impact on City's General Fund, due to relatively low value of items. Change Municipal Code and Ordinance. How Should We Donate? Past Practice: Neither the Municipal Code, or Ordinance 1673 specifically address the option of donation. In the past, Council has occasionally received requests from other agencies, and authorized donations of the miscellaneous surplus property to Tecate Fire Department, and to the Mayor of Tecate. The donations have been considered a humanitarian effort. Procedure: Purchasing staged the surplus property as usual, offered it to City, departments, then provided a list of remaining items to the Mayor. The Mayor confirmed interest in the items (all or nothing), coordinated the date/time of pick up with the recipient and notified Purchasing. Purchasing supervised the removal of items from the warehouse, and notified Finance of any fixed assets that needed to be removed from the City's inventory. Future Options: Respond to Specific Requests As we've done in the past we can continue to respond to specific requests from non-profit organizations, as they come up and as merchandise is available. Recommendation: Requests should be submitted to, and approved by, a Council member. If the organization meets the criteria outlined above, the request can be forwarded to Purchasing for coordination. Purchasing will still make sure that City departments have the opportunity to claim the items prior to making them available for donation. Solicit Interest If the intent is to donate as much surplus as possible, to as many organizations as possible, then advertisement will be necessary. • Prior to each auction, and ad could be placed in the local newspaper (approx. cost of ad: $40). Or, • Postcards could be mailed to the non-profit organizations on the list (approx cost $45 for postage, cards, labels). Or, • An application/registration system could be set up, and those organizations could be contacted via postcard or phone call when the time comes to dispose of the property in which they are interested. Concerns with soliciting interest: • If we have too many interested parties, we may have to deal with 'first - come -first -served' or develop a lottery system if two organizations want the same item(s). • The warehouse is only staffed Tuesday -Thursday, otherwise there is no one available to deal with surplus property. In order to minimize disruption to Purchasing and Warehouse activities, specific days/times may have to be set aside for non-profit agencies to 'come and look' at the items available. Availability of Surplus Auctions for surplus and unclaimed property are coordinated when several things occur (usually about every 6 months): • when we run out of space in the warehouse, • when we have sufficient items to make the task worthwhile • when the Police Department needs to unload theirunclaimed property. Legal Issues: Gift of Public Funds? According to the City Attorney, we don't need to be concerned with the issue of 'gift of public funds', if the non-profit organization is located in National City. It can be assumed that assisting the non-profit, will also assist the citizens that they serve, and that the donation will result in a benefit to the community. Liability: A Release of Liability Agreement will need to be drafted by the City Attorney's office, to release the City from any liability resulting from the recipient getting injured on City property while picking the items up, loading/unloading, or from use of a defective product (ie: recipient gets hurt when leg of donated chair falls off). Use of City Forces: To reduce liability, it is recommended that we do not allow use of City forces or equipment for loading or delivery of donated items. Recipient must provide their own labor force, loading equipment and vehicles, and they must pick merchandise up from where it is currently being stored. 8. EETIWG DATE June 17, 2003 City of National City, Califer i COL JCR.. AGENDA STATEMENT AGENDA ITEM NO. 5 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AGREEMENT FOR MUTUAL/AUTOMATIC AID FOR EMT -PARAMEDIC SERVICES BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF NATIONAL CITY PREPARED BY EXPLANATION Donald Condon, DEPARTMENT Acting Fire Chief (619/336-4550) Fire As a provider of EMT -Paramedic Services in the County of San Diego, jurisdictions are required to enter into paramedic mutual aid agreements with adjacent EMT -Paramedic Services jurisdictions. This requirement is placed on approved jurisdictions by the County's Emergency Medical Services Division, Policy P-801, through the individual agreements each jurisdiction holds with the County Emergency Medical Services Division. The City of San Diego has prepared a mutual aid agreement between the City of National City and the City of San Diego in an effort to bring mutual and automatic aid agreements up to date. The City of National City has held an Automatic Aid Agreement with the City of San Diego for fire responses since May 1981. The Agreement for Mutual/Automatic Aid for EMT -Paramedic Services will provide for emergency medical responses. view X ilefAi Financial Statement There are no costs associated with this Agreement. TAFF COM EN ATIo i Approve the resolution authorizing the Agreement for Mutual/Automatic Aid for EMT -Paramedic Services with the City of San Diego. 3CARD / CO N/A ATTA a E ( Listed Below ) Resolution No. 2003-77 L:2_1 Agreement for Mutual/Automatic Aid for EMT -Paramedic Services with the City of San Diego. Resolution authorizing agreement. �.. RESOLUTION 2003 — 77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL/AUTOMATIC AID AGREEMENT FOR EMT -PARAMEDIC SERVICES BETWEEN THE CITY OF NATIONAL CITY AND THE CITY OF SAN DIEGO WHEREAS, within each jurisdiction, there is a public health and safety need for emergency medical services. It is in the best interests of the community and the citizens of each jurisdiction that such emergency medical services be provided on a comprehensive basis, starting with care at the scene of an incident and continuing through stabilization and hospitalization of the patient; and WHEREAS, each jurisdiction has been designated by the County of San Diego as a designated Emergency Medical Technician -Paramedic (EMT-P) service provider under separate EMT-P Provider Agreements with the County of San Diego, EMS Division. These Agreements define the requirements of the State of California and County of San Diego to provide paramedic level medical care and transportation within their respective Exclusive Operating Areas (EOA), generally defined as the boundaries of the jurisdiction; and WHEREAS, County EMS Policy P-801 requires, among other things, that each designated EMT-P Service Provider shall "Enter into mutual aid agreements with adjoining EMT-P agencies whenever possible" and it is proposed that the City enter into such agreement with the City of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Mutual/Automatic Aid Agreement for EMT -Paramedic Services with the City of San Diego. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17' day of June, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, Ill City Attorney MUTUAL/AUTOMATIC AID AGREEMENT FOR EMT -PARAMEDIC SERVICES BETWEEN CITY OF SAN DIEGO AND CITY OF NATIONAL CITY This Agreement is made by and between the City of San Diego, a municipal corporation, hereinafter called SAN DIEGO, and the City of National City, hereinafter called NATIONAL CITY, to implement mutual and/or automatic aid requirements for paramedic services between jurisdictions as described in this Agreement. RECITALS A. Within each jurisdiction, there is a public health and safety need for emergency medical services. It is in the best interests of the community and the citizens of each jurisdiction that such emergency medical services be provided on a comprehensive basis, starting with care at the scene of an incident and continuing through stabilization and hospitalization of the patient. B. Each jurisdiction has been designated by the County of San Diego as a designated Emergency Medical Technician -Paramedic (EMT-P) service provider under separate EMT-P Provider Agreements with the County of San Diego, EMS Division. These Agreements define the requirements of the State of California and County of San Diego to provide paramedic level medical care and transportation within their respective Exclusive Operating Areas (EOA), generally defined as the boundaries of the jurisdictions. C. County EMS Policy 15-801 requires, among other things, that each designated EMT-P Service Provider shall "Enter into mutual aid agreements with adjoining EMT-P agencies whenever possible" ( § IV, A8). NOW THEREFORE, in consideration of the recitals and the mutual obligations of the parties set forth in this Agreement, SAN DIEGO AND NATIONAL CITY agree as follows: STATEMENT OF WORK 1 Definitions. 1.1 Jurisdiction. A local jurisdiction is the County of San Diego, a city, water district, fire protection district, hospital district or county service area. 1.2 Exclusive Operating Area. The geographic area, generally defined by the 1 jurisdictional boundaries defined in the EMT-P Service Agreement, within which exclusive rights for provision of paramedic services has been granted by the County to the jurisdiction. 1.2 Mutual Aid. The provision of similar EMS resources from one jurisdiction to another, upon request through the area coordinator's designated dispatch center, when the requesting jurisdiction's EMS resources have been depleted. Mutual Aid connotes both receiving and sending jurisdictions have like resources (e.g. ALS paramedic ambulances). 1.3 Automatic Aid. The provision of similar EMS resources from one jurisdiction to another, upon request through the area coordinator's designated dispatch center. This type of aid does not require the requesting jurisdiction's EMS resources to be depleted prior to request. REQUIREMENTS 2 General Requirements. To establish mutual or automatic aid paramedic service between SAN DIEGO, by and through its authorized paramedic service provider, and NATIONAL CITY, and it's authorized paramedic service provider, to establish mutual and/or automatic aid requirements for paramedic services between adjacent jurisdictions. 3 Services. The jurisdictions, either directly or indirectly through contracted paramedic service providers, shall provide mutual and/or automatic aid paramedic services to designated areas as defined below. 3.1 SAN DIEGO shall provide paramedic ambulance service to NATIONAL CITY on a mutual aid basis when requested by NATIONAL CITY to those geographic response areas mutually agreed upon as follows: 3.1.1 Mutual Aid to the BOA defined in the EMT-P Service Agreement between County and NATIONAL CITY, or the geographical jurisdictional boundaries. 3.2 NATIONAL CITY shall provide paramedic ambulance service to SAN DIEGO on a mutual aid basis when requested by SAN DIEGO to those geographic response areas mutually agreed upon as follows: 3.2.1 Mutual Aid to the BOA defined in the EMT-P Service Agreement between County and SAN DIEGO, or the geographical jurisdictional boundaries. 2 4 Amendments and Operating Memoranda. 4.1 Amendments. SAN DIEGO or NATIONAL CITY may request written amendments to this Agreement. Such amendments, as agreed upon in writing, by and between SAN DIEGO and NATIONAL CITY are not in force until approved by the elected officials, or their designees, of the respective jurisdictions. 4.2 Operating Memoranda. It is recognized by the parties herein that a close degree of cooperation will be required so that management and operation of this service can be conducted in the best interest of the citizens of the parties. It is further realized that experience will indicate and demonstrate certain changes that will be required in the methods of management and operation and that a certain degree of flexibility may be required. To preserve such flexibility, certain items have been covered in this Agreement in general terms only with the understanding that the details shall be set forth in the "Operating Memoranda" or may be referred to in this Agreement as being subsequently set forth in "Operating Memoranda." Each and every "Operating Memorandum" shall be attached hereto as an addendum and become a part of this Agreement and may be changed or amended from time to time as necessary subject to the written approval requirements in Section 4.1 of this Agreement. 5 Insurance. Without either party limiting the other party's indemnification, each party shall provide and maintain at its own expense, during the term of this Agreement the following types of insurance coverage and provisions or proof of participation in any self - funded insurance program shall be acceptable (for jurisdictions which are self -insured) as follows: 5.1 Statutory Workers' Compensation and Employer's Liability Insurance 5.2 Commercial General Liability - for bodily injury (including death) and property damage 5.3 Comprehensive General Liability - for bodily injury (including death) 5.4 Waiver of Subrogation Endorsement 5.5 Medical Malpractice/Professional Liability 5.6 Automobile Liability 6 Indemnification. 6.1 SAN Dl1-,GO shall, to the full extent then permitted by law, indemnify, defend, protect, save and hold harmless NATIONAL CITY, its paramedic service contractor, other agents, officers, employees and assigns, from and against any and all liability, obligations, losses, fines, interest, penalties, claims and damages, injuries to any person or property whatsoever, regardless of the cause thereof, and all expenses incurred in connection therewith, including attorney's fees and costs of litigation (collectively, a "claim"), arising out of or in connection with the 3 performance of EMT-P services defined in this Agreement, provided, however that such indemnification shall not extend to those claims which are conclusively established to be based solely on the negligence or willful misconduct of NATIONAL CITY, its paramedic service contractor, other agents, officers or employees. 6.2 NATIONAL CITY shall, to the full extent then permitted by law, indemnify, defend, protect, save and hold harmless SAN DIEGO, its paramedic service contractor, other agents, officers, employees and assigns, from and against any and all liability, obligations, losses, fines, interest, penalties, claims and damages, injuries to any person or property whatsoever, regardless of the cause thereof, and all expenses incurred in connection therewith, including attomey's fees and costs of litigation (collectively, a "claim"), arising out of or in connection with the performance of EMT-P services defined in this Agreement, provided, however that such indemnification shall not extend to those claims which are conclusively established to be based solely on the negligence or willful misconduct of SAN DINGO, its paramedic service contractor, other agents, officers or employees. 7 Term of Agreement. The term of this Agreement shall be from June 15, 2003, and will continue until terminated by either party. The parties shall review this Agreement every two years to ensure applicability to current conditions, policies and jurisdictional boundaries. 8 Notices. All notices, demands or other writings to be given, made or sent pursuant to this Agreement, or which may be given, made or sent by either of the parties to this Agreement to the other (other than routine correspondence between the parties), shall be deemed to have been fully given, made or sent when put in writing and delivered personally, or mailed by first class certified return receipt mail, addressed to the respective parties as follows: a) For SAN DIEGO: EMS Program Manager City of San Diego 1010 Second Avenue, Suite 400 San Diego, California 92101 b) For NATIONAL CITY: Fire Chief, Attention Donald Condon City of National City 333 East 16th Street National City, CA 91950 4 If mailed as described above, notice shall be deemed given, made or sent three (3) days after deposit in any government Post Office box, postage prepaid. The addresses set forth above for each of the parties may be changed by written notice given to the other party in accord with this paragraph. IN WITNESS WHEREOF, this EMT-P Services Agreement is entered into this day of June, 2003, by SAN DIEGO and NATIONAL CITY. SAN DIEGO NATIONAL CITY By: By: Name: Patricia T. Frazier Name: Title: Deputy City Manager Title: I HEREBY APPROVE the form and legality of the foregoing Agreement, this day of June, 2003. CASEY GWINN, City Attorney By: Deputy City Attorney 5 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE June 17, 2003 AGENDA ITEM NO. 6 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY CERTIFYING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE SECTION 65089 PREPARED BY Din Daneshfar 336-4387 DEPARTMENT Public Works/Engineering EXPLANATION State Proposition 111, passed by voters in 1990, established a requirement that urbanized areas prepare and regularly update a traffic Congestion Management Program (CMP). The purpose of the CMP is to monitor the performance of our transportation system, develop programs to address near -term and long-term congestion, and better integrate the transportation and land use planning. One of the requirements of the 2002 CMP Update, adopted by the SANDAG Board on January 24, 2003 is that local agencies are required to regularly certify their conformance with the provisions of the CMP. The purpose of the certification is to verify that local agencies/their CMP Arterial Monitoring Stations are in compliance with the CMP as required by state law. In general, under the CMP, local agencies are required to: • On a biennial basis, collect annual traffic data for CMP arterials within their jurisdiction • Implement a land use analysis program evaluating the impacts of new projects on the CMP arterials • Where applicable, participate in the preparation and adoption of Deficiency Plans The CMP Arterial Monitoring Stations in National City are located at the intersections of Harbor Drive/8th Street and Harbor Drive/Civic Center Drive. The estimated cost is $20,000 which will compensate for the consulting services to collect annual traffic data, and where applicable, to participate in the preparation, and adoption of potential Deficiency Plans. Environmental Review X N/A Financial Statement ./ r i.e. . err Adopt the Resolution, and direct the City Clerk to forward a copof the Resolution to the San Diego Association of Governments (SANDAG). The first certification ''s due to SANDAG by July 1, 2003. Approved By: Finance Direc The estimated cost is $20,000. F rs are ailarle r Accoun No. 109-409-500-598-6557. Account Na, STAFF RECOMMENDA BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No, 2003-78 1.Resolution 2. Sample Resolution -Self -Certification of CMP Conformance A-200 (9. 991 RESOLUTION 2003 — 78 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING THE COUNTY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, State Proposition 111, passed by voters in 1990, established a requirement that urbanized areas prepare and regularly update a traffic Congestion Management Program (CMP); and WHEREAS, the San Diego Association of Governments ("SANDAG"), acting as the Congestion Management Agency for San Diego County, adopted the 2002 Congestion Management Program on January 24, 2003; and WHEREAS, the adopted CMP requires that SANDAG biennially determine that the County and cities within the County are in conformance with the CMP requirements; and WHEREAS, the adopted CMP requires each local agency to self -certify that they are meeting all applicable CMP conformance requirements. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City resolves as follows: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2002 CMP: By December 31, of each odd -numbered year, the City will conduct annual traffic counts and calculate levels of service for selected arterial intersections, consistent with the requirements identified in the CMP System Performance Evaluation Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. The City shall participate in the preparation and adoption of Deficiency Plans where applicable in accordance with the requirements identified in the CMP Deficiency Plan Chapter. Resolution No. 2003 — 78 June 17, 2003 Page Two SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the San Diego Association of Governments. PASSED and ADOPTED this 17' day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Sample Resolution - Self -Certification of CMP Conformance CITY OF [COUNTY OF SAN DIEGO] RESOLUTION NO. A RESOLUTION OF THE CITY [COUNTY] OF , CALIFORNIA, FINDING THE CITY [COUNTY] TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, the San Diego Association of Governments ("SANDAG"), acting as the Congestion Management Agency for San Diego County, adopted the 2002 Congestion Management Program in [date] 2002; and WHEREAS, the adopted CMP requires that SANDAG biennially determine that the County and cities within the County are in conformance with the CMP requirements; and WHEREAS, the adopted CMP requires each local agency to self -certify that they are meeting all applicable CMP conformance requirements. NOW, THEREFORE, THE CITY COUNCIL [BOARD OF SUPERVISORS] FOR THE CITY OF [COUNTY OF SAN DIEGO] DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City [County] has taken all of the following actions, and that the City [County] is in conformance with all applicable requirements of the 2002 CMP. By December 31, of each odd -numbered year, the City [County] will conduct annual traffic counts and calculate levels of service for selected arterial intersections, consistent with the requirements identified in the CMP System Performance Evaluation Chapter. [Cities which the CMP does not require to perform arterial monitoring may omit this statement]. The City [County] has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis. Program Chapter. The City [County] shall participate in the preparation and adoption of Deficiency Plans where applicable in accordance with the requirements identified in the CMP Deficiency Plan Chapter. SECTION 2. That the City [County] Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the San Diego Association of Governments. ADOPTED this day of , 2003. [ INSERT APPLICABLE SIGNATURE BLOCKS HERE ] City of National City, California COUNCIL AGENDA STATEMENT •FETING DATE June 17, 2003 AGENDA ITEM NO. 7 (-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY MODIFYING RESOLUTION NUMBER 2002-76 PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4580 See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review X N/A Financial Statement There is no budget impact as a result of this Resolution. /STAFF RECOMMENDAT Adopt the Resolutio BOARD / CO iSS RECOM ENDATI N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2002-76 Approved By: Finance Director Account No, Resolution No. 2003-79 .A-200 (9 99) RESOLUTION NO. 2003 - 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2 AND 5 OF RESOLUTION NO. 2002-76 WHEREAS, on May 21, 2002, the City Council adopted Resolution No. 2002-7 6, approving the submittal of a Library Construction and Renovation Bond Act of • 2000 grant application, and certifying the project budget, the local funding commitment, the commitment of supplemental funds, and the commitment to public library operation; and WHEREAS, it is necessary to amend Sections 2 and 5 of said Resolution, in order to reflect the reallocation of funds resulting in an increase in the project budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that Section 2 of Resolution No. 2002-7 6 is amended to read as follows: 2. Commit to provide the 35 percent local matching fund amount of $5,983,823 identified in the Library Project Budget, as required by Education Code Section 1995(a), including: • Land acquired for use as a site for the facility, with an appraised value of $1,220,000 (Section 199995(c)), and • Architect fees for plans and drawings for library construction of $155,489 (Section 1999(d)). BE IT FURTHER RESOLVED that Section 5 of Resolution No. 2002- 76 is amended to read as follows: 5. Certify the project budget of $17,406,637 contained in the Library Project Budget Section of the Application form: PASSED and ADOPTED this 7' day of January, 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, Ill, City Attorney Explanation: Resolution 2002-76 titled, "Resolution of the City Council of the City of National City Approving the Submittal of a Library Construction and Renovation Bond Act of 2000 Grant Application; and Certifying the Project Budget, the Local Commitment, the Commitment of Supplemental Funds and the Commitment to Public Library Operation" was adopted by the City Council on the 21st of May, 2002. A copy of Resolution 2002-76 is attached. The Resolution was a component of the Grant Application, and as such was submitted to the State of California in June of 2002. During the review of the Grant Application the State requested that some clarification as to our cost allocation. This clarification caused our budget and the amount we requested in the application to increase slightly. As you are aware our Application was approved and our project funded. The State is now requesting that we submit a modified Resolution reflecting the changes to the project budget. This issue has come to light now that we have a project reimbursement request in to the State. The State has told Staff that will it not disperse any payments until they have a copy of the attached Resolution. The two items that are changed in the Resolution are: Line 2: Commit to provide the 35 percent local matching fund in the amount of 5,983,823. Line 5: Certify the total project budget in the amount of $17,406,637. i City of National City, California COUNCIL AGENDA STATEMENT -ET G DATE May 21, 2002 AGE !M ITE 12 EM TITLE A RESOLUTION APPROVING AN APPLICATION TO BE SUBMITTED TO THE STATE OF CALIFORNIA - OFFICE OF THE STATE LIBRARIAN REQUESTING A LIBRARY BOND ACT AWARD AND STATING THAT IF AN AWARD IS MADE THE CITY WILL USE THE FUNDS IN ACCORDANCE WITH THE APPLICATION REQUIREMENTS PREPARE® BY DEPARTME T Stephen Kirkpatrick Public Works/Engineering Anne Campbell `K Library EXPLANATION See Attached Explanation Environmental mental Review X N/A Financial Statement No additional financial impact as a result of this Resolution. STAFF RECCM ATION <4I(' Adopt the Resolution approving the Bond Ap l'cation and committing the City to utilize the funds from a grant award in accordance with application requirements. Approved Bya.o, Finance Director Account Not N/A lssu AT i O B ATTACHMENTS i SiLMEN1 By kow Application Package Resolution Reso ution Nan 2002-76 Explanation: The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000, more commonly known as the "Library Bond Act of 2000", was created by the passage of Proposition 14. The proposition was a statewide bond measure that was approved by the voters of the State of California on March 7, 2000. The Bond Act authorized the State to sell $350 million of State general obligation bonds for the purpose of Library construction and renovation. The Act dictated that the proceeds of the bond sale be distributed to California communities on a competitive application basis to fund 65% of the cost of the library construction or renovation. The Act stipulated that the remaining 35% be funded through a local match by those communities receiving a State grant award. The Bond Act also required that the Office of the State Librarian develop an application package and a set of criteria by which to judge submitted applications and award bond proceeds. On December 1, 2001 the City Council authorized a contract with Carrier Johnson Architects to perform design and consulting services necessary to complete the first phase of work necessary to submit a Library Bond Act Application. On March 5, 2002 the voters of National City approved Proposition; H, thereby allowing the City to raise $6 million to pay the required 35% matching share 1; selling general obligation bonds. On March 12, 2002 the City Council authorized a second phase of the Carrier Johnson Architects Contract to complete the work necessary to submit an application to the Office of the State Librarian. The Resolution before Council today serves two purposes. The first being to approve the completed Bond Application that will be submitted to the Office of the State Librarian by the deadline date of June 14, 2002. The application package is in conformance with the State Librarian's guidelines. It is a 35-page document with 15 required supporting documents. One of the 15 supporting documents is the second purpose of the Resolution. The Resolution commits the City to use the proceeds of a grant award in accordance with the requirements of the application package. Specifically the Resolution does the following: 1. Commits the City to provide the local matching fund amount identified in the Library Project Budget, as required by Education Code Section 19995 (a), including and identifying any amounts to be credited to local matching funds pursuant to section 19995 (c) and (d). 2. Commits the City to provide supplemental funds necessary to complete the project at the level stated in the project budget. 3 3. Certifies the availability of the local matching and supplemental funds specified in the project budget when they are needed to meet cash flow requirements for the project. 4. Certifies the project budget contained in the Library Project Budget section of the Application Form. 5. Certifies the accuracy and truthfulness of all information submitted in the Application Form and the required supporting documents. 6. Commits to operate the completed facility and provide public library direct service. 7. Commits that the facility shall be dedicated to public library direct service use for a period of 40 years following completion of the project, regardless of any operating agreements the applicant may have with other jurisdictions or parties. 4 RESOLUTION NO. 2002 - 76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE SUBMITTAL OF A LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 GRANT APPLICATION; AND CERTIFYING THE PROJECT BUDGET, THE LOCAL FUNDING COMMITMENT, THE COMMITMENT OF SUPPLEMENTAL FUNDS, AND THE COMMITMENT TO PUBLIC LIBRARY OPERATION WHEREAS, Proposition 14, a statewide bond measure, was approved by the voters of the state of California on March 7, 2000, to sell $350,000,000 of state general obligation bonds for the purpose of public library construction and renovation; and WHEREAS, Proposition 14 is often referred to as the "Library Bond Act of 2000", however, the legal name is the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (Education Code, Title 1, Division 1, Part 11, Chapter 12, Articles 1-3, Section 19985-20011); and WHEREAS, Education Code Section 19995(a) stipulates that each grant recipient shall provide matching funds from any available source in an amount equal to 35 percent of the costs of the project and further stipulates that the remaining 65 percent of se costs of the project, up to a maximum of $20,000,000 per project, shall be provided through allocation from the California Library Construction and Renovation Fund; and WHEREAS, Education Code Section 19995(c) stipulates that land donated or otherwise acquired for use as a site forthe facility, including, but not limited to, land purchased more than three (3) years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement at its appraised value as of the date of the application; and WHEREAS, City Council of the City of National City desires to seek Library Bond Act of 2000 grant funds to build a new National City Public Library, which is in considerable need of replacement; and WHEREAS, the Office of Library Construction, a division of the California State Library, has been delegated the responsibility for the administration of the grant project, setting up necessary regulations and procedures; and WHEREAS, said regulations and procedures established by the Office of Library Construction require the applicant to certify, by resolution, approval of the application including the provision of local matching funds, the provision of local supplemental funds, the provision of local funds to meet cash flow requirements, and the project budget before submission of said application to the State; and WHEREAS, said application contains assurances with which the applicant must comply; and 5 Resolution No. 2002 — 76 May 21, 2002 Page Two WHEREAS, the applicant will enter into an agreement with the State of California for the subject project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of does hereby: Approve the filing of an application, along with supporting documents, for grant funding assistance for the above -referenced project. 2. Commit to provide the 35 percent local matching fund amount of $5,950,000 identified in the Library Project Budge, as required by Education Code Section 1995(a), including: Land acquired for use as a site for the facility, with an appraised value of $1,220,000 (Section 19995(c)), and Architect fees for plans and drawings for library construction of $155,489 (Section 19995(d) 3. Commit supplemental funds of $310,000 from the City's General Fund over multiple years as may be necessary to complete the project at the level stated in the final project budget. 4. Authorize the availability of the local matching and supplemental funds specified in the project budget when they are needed to meet cash flow requirements for the project. 5. Certify the project budget of $17,310,000 contained in the Library Project Budget section of the Application form. b. Attest to the accuracy and truthfulness of all information submitted in the Application form and the required supporting documents. Commit to operating the facility as a public library and to provide public library direct services use for a period of 40 years following completion of the project, regardless of any operating agreements the City of National City may have with other jurisdictions or parties. 8. Authorize and empower the Mayor, or designee, to execute in the name of the City of National City, the Application form and all necessary supporting documents Nations'. City 6 Resolution No. 2002 — 76 May 21, 2002 Page Three BE IT FURTHER RESOLVED that the City Council does hereby approve the Categorical Exemption, Class 32, pursuant to Section 15332 of the CEQA Guidelines, for the National City Public Library Project, and directs the filing of a Notice of Exemption with the San Diego County Clerk. PASSED and ADOPTED this 21st day of May, 2002. lie-et George H. aters, Mayor ATTEST: Mich. el R. Dallaf' ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 7 Passed and adopted by the Council of the City of National City, California, on May 21, 2002, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City t lerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2002-76 of the City of National City, California, passed and adopted by the Council of said City on May 21, 2002. City Clerk of the City of National City, California By: Deputy 8 City of National City COUNCIL AGENDA STATEMENT 8 MEETING DATE: June 17, 2003 AGENDA ITEM NO. ITEM TITLE: RESOLUTION DECLARING COUNCILS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COL- LECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PU B- LIC HEARING THEREON PREPARED BY: Paul Desrochers, DEPARTMENT Community Development Commission Executive Director 336.4250 EXPLANATION: This resolution sets the time and place for the public hearing on the levying of the proposed assessment for the Landscape Maintenance District No. 1 per Section 22624 of the Landscaping and Lighting Act of 1972. The Public hearing is scheduled for August 5, 2003 at 6:00 PM in the Council Chambers at 1243 National City Boulevard, National City, CA 91950. The resolution provides for a mailing to all property owners proposed to be assessed notifying them of the public hearing, adoption of the Resolution of Intention, and of the filing of the Engineer's Report. Environmental Review X NIA Financial Statement N/A STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 2003-80 RESOLUTION NO. 2003 — 80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC MEETING AND PUBLIC HEARING THEREON WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No.1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements in said Maintenance District; and WHEREAS, there has been presented and approved by this City the Assessment Engineer's Report ("Report"), as required by the 1972 Act and Article XIIID of the Constitution ("Article XIIID"), and this City Council is desirous of continuing with the proceedings for said annual levy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body, to levy and collect assessments to pay the annual costs and expenses for the. maintenance and/or servicing of the improvements for the above -referenced Maintenance District, said improvements generally described as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. BOUNDARIES OF MAINTENANCE DISTRICT Section 3. That said works of improvement are of special benefit to the properties within the boundaries of said Maintenance District, which Maintenance Resolution No. 2003 — 80 June 17, 2003 Page Two District the legislative body previously declared to be the area specially benefited by said works of improvement, and for particulars, reference is made to the boundary map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER Section 4. That the "Report" of the Engineer, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to said "Report" for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. PUBLIC MEETING AND PUBLIC HEARING/PROTESTS Section 5. NOTICE IS HEREBY GIVEN THAT A PUBLIC MEETING AND A PUBLIC HEARING ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 1243 NATIONAL CITY BLVD., NATIONAL CITY, CALIFORNIA, ON THE FOLLOWING DATES AND TIMES: A. PUBLIC MEETING: JULY 28, 2003 AT 5:00 P.M. B. PUBLIC HEARING: AUGUST 5, 2003 AT 6:00 P.M. ALL INTERESTED PERSONS SHALL BE AFFORDED THE OPPORTUNITY TO HEAR AND BE HEARD. THE CITY COUNCIL SHALL CONSIDER ALL ORAL STATEMENTS AND ALL WRITTEN PROTESTS OR COMMUNICATIONS MADE OR FILED BY ANY INTERESTED PERSONS. PASSED and ADOPTED this 17th day of June 2003. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney EXHIBIT "A" Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: ▪ Landscape planting and irrigation ▪ Colored concrete bardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding ▪ Watering, including water n4Age • Fertilizing • Plant replacement 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic repainting of crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment. 6. Maintenance of electrical system . Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City COUNCIL AGENDA STATEMENT MEETING DATE: June 17, 2003 AGENDA ITEM NO. 9 iITEM TITLE: RESOLUTION INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND OR- DERING THE PREPARATION OF AN ENGINEER'S REPORT IN A SPECIAL MAINTENANCE DISTRICT 4, Environmental Review X N/A Financial Statement Not Applicable PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: DEPARTMENT Community Development Commission 336.4250 The Engineer's Report, required by Section 22622 of the Landscaping and Lighting Act of 1972, is the central document relative to the Levy of Assessments within Landscape Maintenance District No. 1 (LMD No. 1) located in the National City Mile of Cars. Nasland Engineering will prepare the Engineer's Report. All proceedings for the establishment of a levy of assessment for LMD NO. 1 will comply with the provi- sions of Proposition 218, approved by the voters on November 5, 1996. STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION A Public Meeting is scheduled for July 28, 2003 at 5:00 p.m. in the City Council Chambers to discuss the proposed assessment with interested property owners. In addition, staff will meet and discuss the proposed assessment with the Mile of Cars Associa- tion before the August 5, 2003 Public Hearing. 1 ATTACHMENTS (Listed Befow) N/A Resolution No. 2003-81 RESOLUTION NO. 2003 — 81 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS AND ORDERING THE PREPARATION OF AN ENGINEER'S "REPORT" FOR A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, at this time the City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year to provide for the annual costs for maintenance of improvements within the Maintenance District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: RECITALS Section 1. That the above recitals are all true and correct. DECLARATION OF INTENTION Section 2. That the public interest and convenience requires, and it is the intention of this legislative body to initiate proceedings for the annual levy and collection of special assessments for the payment of annual maintenance and/or servicing costs within the Maintenance District. REPORT OF ENGINEER Section 3. That the improvements are hereby referred to Nasland Engineering, whois hereby directed to make and file the "Report" as required by the provisions of the 1972 Act and Article XIIID of the Constitution of the State of California generally containing the following: A. Plans and specifications describing the generalnature, location and extent of the improvements to be maintained and the extent of such maintenance; Resolution No. 2003 — 81 June 17, 2003 Page Two B. An estimate of the cost of the maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. A diagram for the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance, assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefits received. That upon completion .of the preparation of said "Report", the original shall be filed with the City Clerk, who shall then submit the same to this legislative body for its immediate review and consideration. FISCAL YEAR Section 4. That the above "Report" shall include all costs and expenses of said maintenance and/or servicing relating to the fiscal year commencing July 1, 2003 and ending June 30, 2004. PASSED AND ADOPTED this 17th day of June, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney MEETING DATE: June 17, 2003 City of National City COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 ITEM TITLE: RESOLUTION APPROVING THE ASSESSMENT ENGINEERS REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT PREPARED BY: Paul Desrochers, Executive Director EXPLANATION: DEPARTMENT Community Development Commission 336.4250 The Engineer's Report calculates the annual landscape maintenance cost to be assessed to each property owner located within the District based on the amount of frontage owned. The amounts provided in the report were estimated from a variety of sources utilized in 2002-03 including: • Land maintenance costs from Environmental Care, Inc. including palm trimming • Utility costs from SDG&E and the Sweetwater Authority • Electrical maintenance costs and bulb replacements • Administration, legal and engineering costs • Signed refurbishment costs • Other contingencies This year's proposed assessments are $700.00 more than the previous year's assessment. This increase is nominal resulting from minor fluctuations in utility and maintenance costs. It should be noted that this increase does not require a balloted vote per Proposition 218. The County of San Diego Auditor and Controller will collect the fees as part of the annual property tax roll procedures. Upon collection, the funds will then be disbursed to the City. This resolution adopts the Engineer's Report and orders it to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Environmental Review X N/A Financial Statement Maintenance costs for fiscal -year 2003-2004 operation of the District are estimated at $99,400.00 and, fees to the property own- ers range from $337.59 to $6,650.48. Administrative fees are estimated at $800.00. STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION A Public Meeting is scheduled for July 28, 2003 at 5:00 p.m. in the City Council Chambers to discuss the proposed assessment with interested property owners. In addition, staff will meet and discuss the proposed assessment with the Mile of Cars Associa- tion before the August 5, 2003 Public Hearing. ATTACHMENTS (Listed Below) Engineer's Report Resolution No. 2003-82 RESOLUTION NO. 2003 — 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ASSESSMENT ENGINEER'S REPORT FOR PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS WITHIN A SPECIAL MAINTENANCE DISTRICT WHEREAS, the City Council of the City of National City pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act") and Article XIID of the Constitution of the State of California ("Article XIIID"), did, by previous Resolution, initiate proceedings and ordered the preparation of an Assessment Engineer's Report ("Report") for the annual levyof assessments within a special maintenance district, said special maintenance district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "Maintenance District"); and WHEREAS, there has now been presented to this City Council the "Report" as required by the 1972 Act and Article XIIID and as previously directed by Resolution; and WHEREAS, this City Council has now carefully examined and reviewed the "Report" as presented, and is satisfied with each and all of the items and documents as set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in accordance with the special benefits received from the improvements to be maintained, as set forth in said "Report". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That the above recitals are all true and correct. Section 2. That the "Report" as presented consists of the following: A. Plans and specifications describing the general nature, location and extent of the improvements to be maintained and the extent of the proposed maintenance; B. Estimate of the cost of maintenance of the improvements for the Maintenance District for the referenced fiscal year; C. Diagram of the Maintenance District, showing the area and properties proposed to be assessed; D. An assessment of the estimated costs of the maintenance assessing the net amount upon all assessable lots and/or parcels within the Maintenance District in proportion to the special benefit received. Resolution No. 2003 — 82 June 17, 2003 Page Two Said "Report", as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 3. That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer's "Report". PASSED and ADOPTED this 17' day of June 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney. EIGHTH AMENDED ENGINEER'S REPORT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) City of National City, California (Pursuant to the Landscaping and Lighting Act of 1972) In 1995, the City Council of the City of National City, California, adopted a Resolution ordering the preparation and filing of an Engineer's "Report" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 12, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (the "Act"), for purposes of authorizing the levy of special assessments for certain maintenance work in a special assessment district known and designated as Landscape Maintenance District No. 1 (Mile of Cars) (hereinafter referred to as the "District"). An Engineer's Report dated February 15, 1995, was prepared and submitted as ordered by the legislative body. Subsequent to the date of the Engineer's Report certain changes were made to the project. Such changes were described in the First Amended Engineer's Report dated August 1, 1996 and in the Second Amended Engineer's Report dated July 31, 1997. Information regarding actual expenditures resulted in changes to the cost estimates and assessment schedule were incorporated in the Third Amended Engineer's Report dated June 26, 1998, the Fourth Amended Engineer's Report dated June 30, 1999, the Fifth Amended Report dated June 27, 2000, the Sixth Engineer's Report dated July, 12, 2001, and the Seventh Engineer's Report dated June 30, 2002. Additional information is now available regarding actual expenditures for maintenance, repairs, electrical service and water usage. Adjustments are therefore necessary to the cost estimates and assessment schedule. This "Eighth Amended Report", is prepared and submitted in four parts, consisting of the following: Part I. Plans and Specifications. The plans and specifications describe the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. Part I is unchanged from the Seventh Amended Engineer's Report. Part II. Cost Estimate. The cost estimate includes all costs relating to maintaining the improvements for the next fiscal year, including appropriate incidental expenses. Part III. Assessment Diagram. The Assessment Diagram indicates the exterior boundaries of the District, as well as setting forth each individual lot or parcel. Each parcel is identified by a distinctive number or letter and the lines and dimensions of each lot conform to those as shown on the latest County Assessor's map. Part IV. Assessment Schedule. The assessment schedule sets forth the net amount to be assessed upon all parcels and lands within the District, describing each assessable lot or parcel by reference to a specific number, and assessing the net amount upon the lots in proportion to the benefits to be received by each lot or parcel as shown on the above -referenced diagram. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. This "Report" is applicable for the maintenance of improvements within the district for the fisc year commencing July 1, 2003 and ending June 30, 2004. Dated: June 10, 2003 Nasland Engineering Assessment Engineer City of National City State of California SSrC'\. No. 2312B E fif Iz-J' -aS CPI PART I Plans and Specifications The plans and specifications for the works of improvements and the maintenance thereof are on file in the Office of the City Clerk, available for public inspection. The plans and specifications show the general nature, location and extent of the proposed improvements to be maintained and the maintenance to be performed. A general description of the works of improvement to be maintained under these proceedings are described as follows: 1. Median Improvements: • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23rd Street and McKinley Avenue. 2. Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street. • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture A general description of the maintenance to be performed on such improvements is described as follows: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic repainting of crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment. 6. Maintenance of electrical system • Bulb replacement . Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents PART II Cost Estimate for FY 2003 - 2004 The estimated total costs for maintenance of the improvements are those as hereinafter set forth below. For details regarding the estimated cost of annual maintenance refer to the attached Exhibit Cost of Annual Maintenance Median Frontage Improvements Improvements $55,000 $42,300 Incidentals: A. Administration 500 300 B. Legal Fees 300 200 C. Engineering 400 400 Total Incidentals 1,200 900 Total Estimated Annual Cost 56,200 43,200 Surplus or Deficit 00 00 NET ANNUAL ASSESSMENT $56,200 $43,200 PART III Assessment Diagram The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The assessment diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. A copy of the assessment diagram is attached hereto, referenced and incorporated. PART IV Assessment Schedule I, an authorized representative of the duly appointed Assessment Engineer, by virtue of the power vested pursuant to the Act, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses for the maintenance within the District for the next fiscal year. Said costs and expenses are generally as follows: Median Frontage Improvements Improvements Cost of Annual Maintenance $55,000 $42,300 Incidental Expenses 1,200 900 Total Costs 56,200 43,200 Surplus/Deficit 0 0 Balance to Assessment 56,200 43,200 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within the District liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from the maintenance work, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the attached assessment Diagram and the County Assessment Roll. The Assessment Schedule refers to the County Assessor's Maps for a description of the lots or parcels, and said Maps shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned in accordance with the benefits received from each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the improvements to be maintained. For a more specific statement as to the method and formula for the spread of the assessments, reference is made to the following list of annual assessments, and for particulars as to the formula for the allocation of the costs, reference is made to the Method and Formula of Assessment Spread attached hereto as Exhibit "A". The assessments are those as confirmed in Column I, unless a different figure appears in Column II, as modified. I II Assesment Assessor's Parcel Amount of Assessment Number Number Assessment as Confirmed 1 560-210-01 $ 1,406.62 2 560-210-04 1,856.73 3 560-210-42 337.59 4 560-210-41 562.65 5 560-210-40 2,374.37 6 560-261-08 3,038.29 7 560-271-14 1,069.03 8 560-271-07 843.97 9 560-271-09 562.65 10 560-271-15 1,125.29 11 560-330-03 6,650.48 12 562-021-01 1,125.29 13 562-021-07 1,800.47 14 562-031-14 1,800.47 15 562-031-13 1,237.82 16 562-090-06 3,038.29 17 562-100-14 1,519.14 18 562-100-13 1,519.14 19 562-160-07 3,375.88 20 562-180-32 922.74 21 562-180-33 1,429.12 22 562-351-37 2,273.09 23 562-251-38 1,879.24 24 562-252-15 3,713.46 25 562-321-07 2,048.03 26 (Parcel owned by City) 0.00 27 562-330-42 855.22 28 562-330-35 2,801.98 29 562-220-32 3,533.42 30 562-220-31 1,744.20 31 562-220-13 2,588.17 32 562-220-11 633.10 33 562-150-13 2,351.86 34 562-340-09 3,375.88 35 562-340-48 4,906.27 36 562-340-47 1,845.48 37 562-340-07 3,375.88 38 562-340-06 3,263.35 39 562-340-50 3,375.88 40 562-340-49 3,274.60 41 560-393-04 5,401.40 42 560-393-03 1,575.41 43 560-204-02 1,575.41 44 560-204-03 2,13 8.06 45 560-203-03 3,274.60 46 562-330-43 0.00 Total 99,400.00 This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". The net amount to be assessed upon the lands and parcels within the boundaries of the District has been spread and apportioned in accordance with the benefits received from the improvements, and in my opinion the costs and expenses have been assessed in direct relationship to the benefits received from the maintenance of the improvements. Dated: June 10, 2003 Nasland Engineering Gam. =z G. 2�.-- Assessment Engineer City of National City State of California A copy of said Assessment Roll and Engineer's Report was filed in the Office of the Secretary and the Superintendent of Streets on the day of , 2003. City Clerk City of National City State of California Superintendent of Streets of National City State of California Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's Report was made on the day of , 2003, by adoption of Resolution No. by the City Council. City Clerk City of National City State of California EXHIBIT "A" METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the "Landscaping and Lighting Act of 1972", must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the City has retained the services of Nasland Engineering. IDENTIFY THE BENEFIT First of all, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, except as noted below. 2. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 32 (APN 562-220-11), based on the frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. FUTURE ANNUAL ADJUSTMENT IN ASSESSMENT The annual assessment to be levied on all properties within the district in fiscal year 2003-2004 and thereafter shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. If the annual assessment in any fiscal year is proposed to be increased by an amount which would be in excess of the amount authorized pursuant to the application of the above formula, such annual assessment shall be considered a "new or increased assessment" as such term is used in Government Code Section 54954.6. In conclusion, it is my opinion that the assessments for the above -referenced District have been spread in direct accordance with the benefits that each parcel receives from the improvements to be maintained. Dated: June 10, 2003 Nasland Engineering • Assessment Engineer City of National City State of California I EXHIBIT "B" ESTIMATED COST OF ANNUAL MAINTENANCE FY 2003-2004 Median Improvements Frontage Improvements 1. Lawn planting care 0 $23,000 2. Median planting care 12,000 0 3. Palm tree trimming 3,500 4,300 4. Irrigation system maintenance Incl. in items 1 & 2 Incl. in items 1 & 2 5. Water usage 14,000 14,000 6. Water meter charge Incl. in item 5 Incl. in item 5 7. Repair crosswalks 1,500 0 8. Repainting of metal poles & street furniture 1,100 500 9. Refurbishment of graphics panels 4,800 0 10. General maintenance of electrical system 6,600 0 11. Bulb replacement Incl. in item 10 0 12. Electrical usage 10,800 0 13. Litter removal Incl. in item 2 Incl. in item 1 14. Trash pick-up 0 Incl. in item 1 15. Miscellaneous vandalism repairs 300 500 16. Freeway sign 400 0 TOTAL: $55,000 $42,300 FILED IN TIE OFFICE OF THE CITY CLERK OF THE CITY OF NATIONAL CITY THIS DAY OF 1995. CITY CLERK • CITY OF NATIONAL CITY STATE OF CAUFORNIA RECORDED IN NE OFFICE OF THE SUPERINTENDENT OF STREETS OF THE CITY OF NATIONAL CITY THIS _DAY OF 1996. SUPERINTENDENT OF STREETS CITY OF NATIONAL CITY STATE OF CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON NE LOTS. PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS LEVIED ON THE —DAY OF 1996; SAID ASSESSMENT DIAGRAM MD THE ASSESSMENT ROLL. WERE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAID CITY O4 THE -DAY O_ 1998. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF Sllatls FOR THE EXACT ANOINT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN ON TI85 ASSESSMENT DIAGRAM. CITY CLERK CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED THIS DAY OF . 1998, AT THE HOUR OF —O'CLOCK —.M. IN BOCK —OF MAPS OF ASSESSMENT MID COUMMUNITY FAOUTES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. CALIFORNIA COUNTY RECORDER COUNTY OF SAN DIEGO STATE OF CAUFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CRY OF NATIONAL CRY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 560-210-01 125' 58o-2O10 04 165' CIF 30' Q 4 a 560-210-40 550' 211' NATIONAL CITY EPU.EVAFD SHEET 1 OF 3 SHEETS ..... O 560-281-08 270' 1 \ \ 74 T SO' O � TOO'-15 00' 14;1X Q.) 560-271-14 95' b $ 75' 291' 58o-203-03 190' 58o-204-03 O 140' 560-204-02 O 140' 560-393-03 O 480' 560-393-04 O REVISED 8-1-96 REVISED 6-1-97 REVISED 6-19-02 REVISED 6-09-03 iW ILO EXTERIOR BOUNDARY OF DISTRICT Joe 400 1NI FltONTAGE OF EACH PARCEL IS BASED UPON CURRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO FOOT. REFER PARCEL MPSFOPROPERTY IMISONS NOT SHORN. NASLAND ENGINEERING 44°II'e,84r61°° Wood. bot Msg. CellarAl.O MU•mLAND norm 9- -rm { 1 1 L AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MLE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DEGO STATE OF CALJFORNA 560-330-03 591' NATIONAL CITY BOULEVARD 291' 562-340-49 300' 562-340-50 5620-01 100' 562-021-07 160' 562-031-14 160' 562-031-13 110' 200' 562-340-06 O 300' 562-340-07 O TRANSPORTATION AVENUE 0 56206 270' 562-100-14 135' SHEET 2 OF 3 SHEETS 562-100-13 135' NATIONAL CITY BOULEVARD 164' 562-340-47 O 436' 562-340-46 O EXTERIOR BOUNDARY OF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 649-02 REVISED 6-09-03 IOD 100 200 ONTADE OF EAOI PARCEL IS BASED UPON REST COUNTY ASSESSOR'S MAPS AND SHOWN PARS MAPS FOR PROPERTY FOOT. REFER FON5 TO iO R S NASLAND ENGINEERING mS. CISD®NS • 600017010 • LOUD PLOSIONS 4040 Warr er..1. Or 0W4 a1.r... SOU •610-600-7710 City of National City, California COUNCIL AGENDA STATEMENT lEETING DATE June 17, 2003 AGENDA ITEM NO. 11 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD 8TH STREET AND "N" AVENUE SUBDIVISION MAP (S-2002-2) PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4394 EXPLANATION Victor Rodriguez Engineering has submitted a final subdivision map for 8th Street and "N" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The subdivision map consists of 8 parcels. The tentative subdivision map has been reviewed and approved by the City Council Resolution No. 2003-26, dated February 18, 2003. The final subdivision map, grading plan, and all required street improvements plans have also been approved by the Public Works/Engineering Department. i ( Environmental Review X N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS f Listed Below ) 1. Resolution 2. Final Subdivision Map Sth1 Resolution No. 2003-83 A-200 19 95 RESOLUTION NO. 2003 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD 8T" STREET AND "N" AVENUE SUBDIVISION (S-2002-2) WHEREAS, at a regular meeting of the City Council held on February 18, 2003, the City Council adopted Resolution No. 2003-26, approving the tentative subdivision map for the 46,335 square foot property divided into eight parcels at the southeast corner of 8th Street and "N" Avenue on property generally described as: A portion of the Northwest Quarter of the Northeast Quarter of 40 acre Lot 1 in Quarter Section 132, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County; and WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for the property located at the southeast corner of 8th Street and N Avenue is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 17th day of June 2003. ATTEST: Michael Dalla, City Clerk Nick Inzunza,- Mayor APPROVED AS TO FORM: George H. Eiser, Ill, City Attorney rha ry 142 ( SCALE GRAPHIC SCALE 15 30 60 ( 1N FEET ) 1 inch = 3O It. VICTOR. RODRIGUEZ-FERNANDEZ. PE., P.L.S. 4901 MORENA BLVD.. STE 409. S.D. CA. 92117 PH' (858) 907-5893 0 MA so -' OUNi1= WELL Mp I11OiiV l Vn0H 9ERA55 015O. PER SOS 1l'345 k R05 n1C: o` FOUND DISK STAMPED "9 C.4TT.75EN 25GR"5 _ _ fi 5,3_2302.)5 265 SHEET 2 OF 2 SHEE RASISRASIS 0 T1IE BASIS OF BEARINGS FOR THIS FINAL MAP I5 FFE NAD 63, ZON GRID BEARING BETµEEN STATIONS "1338 AND 1239" iE. N21'030= OUSTED BEARINGS FROM REFERENCE MAPS/ DEEDS MAY OF MA' 8E IN 'TERMS SF SAID SYSTEM. THE GRID COMBINEDDISTTANLSGRDONDCALE FACTOR POINT DISTANCE COMBINED SCALE FACTOR' LEGEND - - = FINAL MAP BOUNDARY ® = FOUND 3/4" IRON PIPE WITH DIS,. STAMPED. "LS5456", PER R05 17701 OR AS NOTED. O _ SET 3/4' DIA. AND 18' LONG IRON PIPE '11,7' PLASTIC PLUG STAMPED LS £335 Ti R. SET LEAD, TACK AND D:SK STAIAPES "LS 5330 iN CONCRETE SIDEWALK OR ALLE" = RECORD INFORMAT'.ON PER RCS 1710: DR AS NOTED (RI = RADIAL TOTAL NO. OF LOTS 8 "NON FLPTTABLE EASEMENTS: 1 WATER LEPHONE COMPANY REC. EASEMENT 9R &A10/14/18GWAR B Ii�BOON 7. PAGE 124 OF DEEDS. 2. AOLItt EASEMENT TO SAX DIEGO GAS AND ELECTRIC COMPANY SEC. T/1/192a IN BOOK NBA. PAGES i1] 5 'TOE OF DEEDS. 5TAT1014 1236 POUND DISK STAMPED N9,B_� i54 Boa E 6.303.460.574 N , OWNER'S STATEMENT. AS. HEREBY STATE THAT wE ARE THE OWNERS OF. OR ARE INTERESTED IN, THE LAND EMBRACED MBTHIN THE SUBDIVISION TO BE KNOW AS PARADISE HOMES. AND ':SO CONSENT TO THE PREPARATION AND RECORDATION OF :HIS HAP CONSISTING OF 2 SHEETS AND DESCRIBED IN GEE LE UNLIMITED CORP; A CALIFORNIA CORPORATION _.. R off I�t PRESIDENT � v�� FREsm6NT // L 'HE SIGNATURE(S) 0" THE PARTED L:SED BELOW OWNER(S) OF EASEMENTS PER DOCUMENTS NOTES BELOW HAVE BEEN OMITTED UNDER PROVISIONS OF SECTION 66.1.36 SUBSECTION (a)(3)(A)(1) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TILE AND SAID SIGNATURES ARE NOT REOU'RED BY THE GOVERNING BODY. 1. WATER EASEMENT CALIFORNIA WATER AND TELEPHONE COMPANY REC. 6/9/1569 g IO/I4/1559 IN BOOK 7, FACE 124 OF DEEDS. [. COMPANEASEMENT RED I/T/A0A5IN INNBOOK 96E. 'AGES 117Ek TAO OP DEEDS. VICTOR RODRIGUEZ-FERNANDEZ, PE., P.L.S. 4901 MORENA DLEDS., STE. 409, CD CA. 92717 PH' (858) 967-5693 ARADISE S IN THE. CITY OF NATIONAL CITY FOREON OE THE NO .WEST QUARTER OF THE NORTHEAST a 'E [F AD FORE LO' IN' QUARTER SECTION IRS. RANCHO C iY GF NATIONAL CITY, COUNTY OF STATE IT,FE C TAKE C A. THE COUNTY REECCRDDER OF SUBDIVISION GUARANTEE FOR THIS SUBDNSION FURNISHED AN STEWART TITLE OF CUL'FORNIA INC. ORDER NO. 01-0226D61 FA -cc- 4AY %1 ROOT S-ATE OF CALIFORNIA) COUNTY .OF7 SAN p1EG0) BEFORE THE DAY OF /HLIA IN :N THE YEAR ZOORI STATER ME,R A NOTARY PUBLIC IN AND FOR SAID COUNTY ANTI STATE, PERSONALLY O TREE (OR R/YA➢H I(H FA✓/ OERSATISF Y KNOWN TO ME= f0R PROVED TO HE ON THE BASS OF SATISFACTORY EMOcryCCE7 TO BE THE PERSON(S) WHOSE NAME(S)CKNOWIS(ARE) SUBSI:BIBEIEO TO THE WITHIN INSTRUMENT ANT AIS/HEREDGED TO ME THAT (DD/.PACT RlAO THAT UT(DIS/HER/IHEI THE SAME IN (PIS/NER/IHEIR) AUTHORIZED CU` SCNANRE(5) ON THE INS'ERUmEZENT THE PERSON, 0R THE ENTITY AEON _--:ALF OF WHICH„THE PPPSD7271 ACED), EXECUED THE INSTRUMEN' 'U" BLIIb Y???''SID OUA, S ATE MYTTERCON.MISPUSIONICINEXPIANRESBr IAYC-ICNTY mY 'RI.NCIPAL PLACE OF ' .E55 0 IN _CTAG G1AE.(rc ]feiertmwm [ ME, MICA INZUNZA, MAYOR, AND MICHAE_L R. DALLA, CITY CLERK OF NATIONAL CITY, CALIFORNIA, HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION NO. HAS APPR0VE0 THIS FINAL MAP CONSISTING OF 2 SHEETS AND DESCRIBED 'N THE CAPTION THEREOF. BY NICK INZUN/A. MAYOR OF DATED NATIONAL C'.TT CALIFORNIA MICAAEL R. DA.i/, CITY CLERK OF NATIONAL Z Y CU FORN'.A DATED WE. COUNTY TREASURER/TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. AND DIRECTOR OF DEPARTMENT OF PUBLIC WORKS OF'P SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE FAA IN FULL SHOWN BY THE BOOKS OF CUM OFFICE. AGAINST THE TRACT OR SUBOIASION OR ANY AHEREOF ANNEXED MAP AND DESCRIBED IN CAPTIONTHEREOFm O' THE DAH MCAI,U&IER,ONNIY9 YRREASURER/TAX COLLECTOR DEPUTY STENEM THUNBERG, DIRECTOR OF PUBLIC WORKS BY DATE FOR DIRECTOR SHEET 1 OF 2 SHEETS aiIRVEYOR'S STATEMENT.' ACTOR RODRICUEZ FERNANDEZ, A PROFESSIONAL LAND SURVEYOR OF THE STATE OF CALIFORNIA, STATE THAT THIS SURVEY R UNDER MYOF DIft CTIO BDIVISI THISUBEETHEENNFEBAS 1 ANDOE FEB 2B 20BY ME,03, AND SAND SURVEY IS TRUF AND COMPLETE AS SHOWN AROF THE INDICATEDTNDL OCCUPY THES0POSIT15 HOWNHARACTER THEREON, AND THAT SAID MONUMENI' ARE SUFFICIENT TO ENABLE THE SVR✓EY TO SE RETRACED ACTOR RODRIGUEZ-ANDEZ L S N0. 5335 REG. EAR. 12-31-03 DATE: 5/21 /D3 CITY ENGINEER' S STATEMENT 1, BURTON METERS, CITY ENGINEER OF THE CITY OF NATION/ CITY, CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP, THAT THE SUBDIMSION IS SUBSTANTIALLY THE AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPRO THEOr THE STA SUBDIVISION M APRACCT A DAT CITY or NATIONALS CITY 5 BOIM'. ORDINANCE HAVE BEEN COMPLIED 1NTH, AND I AM SATSF THAT THE MAP ,S TECHNICALLY CORRECT. BURTON S. MYERS CITY ENGINEER R.C.E. NO. 2492E REG. EXPIRES .O'-3 ATE 1, GREGORY J. SMITH. COUNTY RECORDER OF THE COUNTY OF SA CALIFORNIA SUBOIAIISION APPROVED NAME PARADISE OF SHOWN ON THE ANNEXEDMHO FORTHE CONSISTING OF 2 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. I, GREGORY J. SMITH LOVNT' RECORDER DATE 9Y FIE/PAGE NO. I. GREGORY J. SMITH. COUNTY RECORDER OF THE COUNTY OF St CAGIFORNIA HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE REOUESTE�003 MOM RODRIGUEZ-FERNANDEZ THIS __ DAY AT__—_OCLOCH I.. I. GREGORY J. SMITH COUNTY RECORDER DATE' By FEE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE JUNE 17, 2003 AGENDA ITEM NO. 12 7--ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD 7TH STREET AND "Q" AVENUE SUBDIVISION MAP (S-2002-1) PREPARED EY Adam J. Landa DEPARTMENT Engineering 336-4394 EXPLANATION Meridian Engineering has submitted a final subdivision map for 7th Street and "Q" Avenue for the City Council approval, acceptance, and filing with the County Recorder. The subdivision map consists of 5 condominiums. The tentative subdivision map has been reviewed and approved by the City Council Resolution No. 2003-17, dated January 21, 2003. The final subdivision map, grading plan, and all required street improvements plans have also been approved by the Public Works/Engineering Department. Environmental Review Financial Statement N/A TAFF RECOMMENDATIO Adopt the Resolution x NIA BOARD 1 COMMISSION RECOMMENDATI9 N/A ATTACHMENTS Listed Below ¢ 1. Resolution 2. Final Subdivision Map A-200 (999) 7th Approved BY: Finance Director Account No. 2003-84 Resolution ,, RESOLUTION NO. 2003 — 84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD 7th STREET AND "Q" AVENUE SUBDIVISION (S-2002-1) WHEREAS, at a regular meeting of the City Council held on January 21, 2003, the City Council adopted Resolution No. 2003-26, approving the tentative subdivision map for five residential units on the east site of Q Avenue at 7th Street with a variance for 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; and WHEREAS, the final subdivision map, grading plan, and all required street improvement plans have been approved by the Public Works/Engineering Department; and WHEREAS, all, requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. Resolution No. 2003 - 84 June 17, 2003 Page Two NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for the property located on the east site of Q Avenue at 7th Street is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. PASSED and ADOPTED this 17t day of June 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAP NO CITY OF \ATIONAL CITY TRACT NO. 2002-1 OLIO. Q 5th STREET _ 331.91'325 N ]2'01'2] 3 E 32.00' (DIS7'. PER ALGERT) (55.03' PER ALGERT) l3 124.56' 1125.01 ROUND LEAD k TAG STAMPED ':ICE 14073' PER ALGERT S bar OFFSET TD R.o.4. :5.0' :ER ALGERT, —. __ —2LK. 3— — — _ __ J B. ' 32St Br2I BHALJLES ADDITION 2 2. PORTION OF ALLEY VACATED AND CLOSED TO z v�i e - PUBLIC USE PER CITY COUNCIL RESOLUTION MA, P NC' 1072 RECORDED DECEMBER 5. 1986 AS FILE NO. zA_ N' 69-623060, O.R. 5' [II 72'0427" E N 17'55'23 BL{.2 C LOT 1 OTE I AT RIGHT VACATED AND CLOSED TO PO0LC USE PER CITY COUNCIL RESOLUTION NO. 9538, TEE, PER 14. 1968 AS FILE N0. 88-25922. O.R. Q 184.59' 700025' E 331.81 9332.5') s9 it 38. FOUND LEAD k BRASS S.J. CIE, END!NEER' BASIS �F BOs EA 7i1, STREET IVACA E:7 0D (GRID) \ / N 1829211. 991 E 6305550.499 5TAP0N NO. 1242. FOUND 2 5" BRASS DISC IN WELL MONUMENT STAMP ILLEGIBLE. PER R. CA 5. 14492 • m FUND 2' IRON PIPE VI/ DISC STAMPED `REF 9419" PER MAP 9157 MS 1.0F6. 15519 FOUND PR NAIL PER MAP 9157 k R.OES. 15519 7th STREET N 92'0417' E 312.40' f1 ry 72'05"32 5 317.40' PER MAP 9157) 3 72'05'32" E 317.45' PER ROES_ 15519) n 40' SCOW 1"= 40' 80 20 NOTES'. T. PORTION OF "0" AVENUE VACATED AND CLONED TO PUBLIC USE PER CITY COUNCIL RESOLUTION 10.054 RECORDED MARCH 31, 1970 AS FILE NO. 55841, S.R. SHEET 2 OF 2 SHEETS LEGEND: O INDICATES FOUND MONUMENTS OS NOTED. ( ) INDICATES REFERENCE :0 RECORD DATA AS NOTED. j INDICATES REFERENCE TO RECORD DATA PER MAP NO. 1072 (STATED OR CALCULATED) © INDICATES SET 2" x 24' IRON PIPE VE.`h: DISC STAMPED "RCE 22399" INDICATES SUBDIVISION IAAP BOUNDARY "ALGERT" INDICATES REFERENCE TO DATA PER SURVEY PERFORMED BY JAMES ALGERT IN IAAP 1978 PER HIS FIELD NOTES INDICATES SET DISC STAMPED 'ACE 27399' ON A 7 0D' OFFSET IN THE SIDEWALK ALONG AN EXTENSION OF THE LOT LINE THE OFFSET SHALL BE MEASURED AT RIGHT ANGLES TO THE RIGHT OF WAY LINE. DETAIL '''A' N 7204.37' c" SC SCALE 4C.04'® a- E OL' Y i,TY EASEMENT 70 SDGAE PER DOCUMENT RECORDED DECEMBER 5 '9(i9 AS FILE NO. 88-523060 OF OFFICIAL RECORDS BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NAD 63, ZONE 6. GRID BEARING BETWEEN STATIONS 1242 h 1238, AS SAID CONTROLS ARE SHOWN ON RECORD OF SURVEY MAP NO. 1,492.(IS. N 8518'26" E) OUSTED BEARINGS FROM REFERENCE PAPS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION NO. 1242 15 I.000D1541 GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR 21 V VICINITY MAP NO SCALE keN 410 CONVERGANCE ANG.E -00'3t'27" MONUMENT N0. 1242 PER R. OF 5. 14492 MAP NO CITY OF NATIONAL CITY TRACT NO. 2002®1 CASE `G_ 5— OWNER'S STATEMENT: HEREBY STATE THAT I AS THE OWNER CF OR AM INTERESTED IN 'HE LAND SUBDIVIDED EY THIS MAP AND HEREBY CONSENT TO THE • PREPARATION AND RECORCArO,N OF THIS MAPECONSISTNG OF 2 SHEETS AND DESCRIBED A THE CAR ION THE ^.ATE: NOATARY ACKNOWLEDGMENTS: STATE OF TA_'FORNIA BEFORE NC A NOTARY VV''BLIC P=RSCNA„ Y APPEAR', PERSONALLY KNOWN TO 1/IE (CR PROVE TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO HE THE PERSON WHOSE NAME 'S SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN !'IS AUTHORIZED CAPACITY. A.NO THAT BY HIS SIGNATURE ON THE INSTRUMENT. THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED. EXECUTED THE INSTRUMENT NOTARY PUBLIC IN AND/FOR SAID STATE "=R:NCPA_ V_ACE DE -USINESS 5 :TCUN-Y CF SAN DIEGC. SIGNATURE OMISSION STATEMENT: SIGNATURES OF E PAP":ES '_SPEC BELOW OWNERS C- ME.VTS PER CCCVMENTS NOTED BELOW HAVE BEEN OMITTED HINDER THE PROVSIONS OF SECTION 66436 SUBSECTION (a)(3)(A)(I) TA THE SUBDIVISION HAP ACT, THEIR INTEREST IS SUCH THAT IT ' ANNG" RIPEN 'INTO FEE. TTLE AND SAD SIGNATURES ARE NOT ?=CJPEE EN THE GOVERNIN,U ?ODY • EAS='TENT TO SAN DEGO. GAS A E4EC TRIO COMPANY PER DEED ▪ CORDED DECEMBER 5. 1988 AS F.LE NC 88-623060 or .,,,I.,..,_ RECORDS SUBDIVISION MAP FOR CONDOMINIUM PURPOSES O' "HAT REAL PROPERTY SITUATED IN THE CITY OF NATIONAL CITY, COUNT', CT SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 7, INCLUSIVE. IN BLOCK 2 OF BACH. AND SHAULES ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN G:ENG. STATE CF CALIFORNIA. ACCORDING TO MAP THEREOF NE. 1072, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 27, 1907. TOGETHER 00TH THE NORTHERLY ONE-HALF OF THE STREET ADJOINING SAG LOTS THROUGH 2, INCLUSIVE, ON THE SOUTH AS VACATED BY RESOLUTION NC. 9527. RECORDED FEBRUARY 14, 1968 AS FILE NO. 25927 OF OFFIC:A'_ .RECORDS. ALSO TOGETHER WITH THAT PORTION OF THE SOUTH ONE-HALF C- THE ALLEY ADJACENT TO SAID LOTS 6 AND 7 ON THE NORTHWEST, AS CLOSEDAND VACATED BY RESOLUTION OF THE CITY OF NATIONAL STY, A CERTIFIED COP' RECORDED DECEMBER 5. 1968 AS FILE NO. 88-613COC CF .OFFICIAL RECORDS. ALSO. TOGETHER WITH THE EASTERLY TO FEET OF "a AVENUE ADJOINING SAID LOT 1, BLOCK 2, AND SAID NORTHERLY ONE-HALF SF 71r, STREET ON THE WEST AS VACATED BY RESOLUTION NG. 10.064, RECORDED HARDY. 21, 1570 AS FILE NO, 55841 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE NORTHWESTERLY SO FEET SE OTS ' 2 AND 3 '1.5 BLOCK 2 OF SAID BACH AND SHAULES ADDITION AND - E NORTHWESTERLY _'_ FEET OF THE EASTERLY IS FEET OF "0': AVENUE ROUT KING SAID LOT :. BLOCK 2 ON THE WEST. SUBDIVISION GUARANTEE FURNISHES SY: CHICAGO TITLE INSURANCE COMPANY ORDER NO. 33040210-U50 DATED: FEBRUARY 18, 2003 INSURES THAT ALL PARTIES HAVING AN INTEREST IN THIS C. - _ANL. AND VMOSE ONC SIGNATURES ARE NECESSARY TO THE RECORDATION CT THS kAP ARE SIGNATORIES HERETO. WE, COUNTY TREASURER -TAX COLLECTOR OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA AND DIRECTOR OF PUBLIC WORKS OF SAID COUNTY, HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR SUBDIVISION OR ANY PART THEREOF SHOWN ON THE ANNEXED MAP AND DESCRIBE IN THE CARTON THEREOF. DAN MCALLISTER RN) COUNTY TREASURER -TAX COLLECTOR DATED: JOHSN YD DIRECTOR OF ER YAHOO WD BY' FOR DIRECTOR OAT=^: SHEET 1 OF 2 SHEETS ENGINEER'S STATEMENT: :, SYDNEY S. TINOS, A REGISTERED CIVIL ENGINEER OF E STATE OF CALIFORNIA, HEREBY CERTIFY THAT THIS SUBDIVISION MA',VAS PREPARED BY ME OR UNDER MT DIRECTION AND IS BASED UPON A FIELD SUBSET AT THE REOJEST OF DANIEL FURLAN, DECEMBER 2001. ANT THAT SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT ALL STAKES, MONUMENTS, AND MARKS FOUND. TOGETHER W TH THOSE SET. ARE OF THE CHARACTER INDICATED AND OCCUPY THE POSITIONS SHOVA HEREON, AND I WILL SET ALL OTHER MONUMENTS OF CHARACTER AND AT THE POSITIONS INDICATED BY THE LEGEND IN THIS MAP WT IN 30 DAYS AFTER COMPLETION OF THE REQUIRED IMPROVEMENTS AND ALL SUCH MONUMENTS ARE OR WLL RE SUFFICIENT TO ENABLE THE SURVEY TO ME RETRACED (SEE LEGEND ON SHEET NO. 2). ' HEREBY CERTIFY THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONOITICNALLY APPROVED TENTATIVE MAP. SYDNEY S. TINES, ACE 27399 JAr I.IT REGISTRATION EXFIRES: MARCH 3'. 200.` CITY ENGINEER'S STATEMENT: ! HEREBY STATE THAT THIS SUBOISISION MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP AND APPROVED ALTERATIONS THEREOF AND THAT ALL PROVISIONS OF DIVISION 1 OF TITLE 8 OE THE SAN DIEGO COUNTY CODE HAVE BEEN COMPLIED WITH. THIS I.HAP CONFORMS VITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE I HAVE EXAMINED THIS MAP AND Al, SUTS'IED THAT IT IS TECHNICALLY CORRECT BURTON S. MYERS, CITY ENGINEER R.C.A. 24928 EXP'RU S. COUNTY TAX CERTIFICATE: I, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) OF THE STATE OF CALIFORNIA, AS AMENDED, REGARDING (A) DEPOSITS FOR TAXES, AND (B) CERYFICATON OF THE ABSENCE OF LIENS FOR UNPAID STATE. COUNTY. MUNICIPAL OP LOCAL TAXES, EXCEPT THOSE NOT YET PAYABLE. HAVE SEEN COMPLIED WITH. THOMAS J. PASTUSZKA CLERK OF THE BOARD CF SUPERVISORS RH: DEPUTY COUNTY RECORDER'S CERTIFICATE: FILE NO. I. GREGORY J. SMITH, RECORDER OF THE COUNTY OF SAN DIEGO HEREBY CERTIFY THAT ' HAVE ACCEPTED FOR RECORDATION THIN MAP FILED AT THE REQUEST OF SYDNEY S. HINDS TH'S DAY OF 2003 AT 0.0. „CK M GREGORY J. SMITH BY: COUNTY RECORDER DEPUTY FEE: $ TC.00 City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATE Tune 17 2003 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL GIVING NOTICE OF INTENT TO VACATE A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET (APPLICANT: COMMUNITY DEVEL PMENT COMMISSION) (CASE FILE NOS. SC-2003-1/CDP-2003-4) PREPARED BY Roger Post 336-4310 DEPARTMENTPlanning EXPLANATION The Community Development Commission (CDC) submitted an application for the vacation of an unimproved 380 foot long section of Harrison Avenue north of 23° Street. If vacated ownership of the right-of-way will be transferred to the owners of the property adjacent to the east, CDC and Robert Young/Motivational Systems Incorporated. The action is requested so that Motivational Systems Incorporated can expand their headquarters in the area. The Planning Commission held a public hearing on this item and recommends approval of the street vacation. The next step in the process is Council adoption of a resolution setting a public hearing. Environmental Review KN/A Negative Declaration 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 attached resolution be adopted to schedule a public hearing for the street vacation request. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Unanimous ATTACHMENTS ( Listed Below 1. Resolution 2. Location Map Resolution No. 20n3-P5 A-200 (9.•99) RESOLUTION 2003 - 85 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE AND CLOSE A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET APPLICANT: COMMUNITY DEVELOPMENT COMMISSION CASE FILE NOS.: SC-2003-1 /CDP-2003-4 WHEREAS, the City Council of the City of National City 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 380 foot long section of Harrison Avenue north of 23rd Street, situated in the City of National City, more particularly described in Exhibits "A" and "B", 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 hereby set for 6:00 p.m., July 15, 2003, 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 the 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 the law. PASSED AND ADOPTED this 17th day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney • • J-12861 EXHIBIT "A" STREET VACATION - DO NOT REPAOW KA91r? M DPPARMENT NA11OMAL CM CMS. Being a portion of the Northeasterly Half of "Harrison Avenue," 80.00 feet in width which adjoins Block 279, a portion of Block 278 and 22nd Street (vacated) as said blocks and streets are shown on "Map of National City, California," filed October 2,1882 as Map 348, in the City of National City, County of San Diego, State of California, said portion more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23nd Street of said Map 348 South 72°01'18" West 40.00 feet to the centerline of said Harrison Avenue; thence along said centerline North 17°46'37" West 380.14 feet, more or less, to the prolongation of the lot line common to Lots 8 and 9 in Block 278; thence along said prolongation North 72° 13'23" East 40.00 feet to the Northeasterly line of Harrison Avenue; thence along said Northeasterly line South 17°46'37" East 380.00 feet to the TRUE POINT OF BEGINNING. Reserving from said vacation an easement for rail road purposes to thitchison, Topeka and Santa Fe Railway Company, said reservation more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23b Street of said Map 348 South 72°01'18" West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 72°01'18" West 13.00 feet; thence leaving said Northwesterly Right-of-way North 17°46'37" West 88.21 feet to the beginning of a tangent 543.50 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 14°22'05" an arc distance of 136.29 feet; thence leaving said curve Northwesterly along the centerline of Harrison Avenue North 17°46'37" West 45.38 feet. to a point on the arc of a non -tangent 556.50 foot radius curve concave Southwesterly, a radial line to said point bears North 53°19'27" East; thence leaving said centerline Southeasterly along said curve through a central angle of 18°53'56" an arc distance of 1.83.56 feet; thence South 17°46'37" East 88.16 feet to the TRUE POINT OF BEGINNING. 4 03-03 Robert G. Schoettmer, L.S. 4324 Jb/12861.001 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. SC-2003-1/CDP-2003-4 DATE: 5/2/2003 PROPOSED STREET CLOSING ZONE BOUNDARY LOCATION MAP 380 Foot long by 40 foot wide section of Harrison Avenue north of 23rd Street SC-2003-1 /CDP-2003-4 NATIONAL CITY PLANNING z DRN. DATE: 5/21 /03 INITIAL HEARING: 6/2/03 40' \ m• \19 v EASEMENT FOR RAIL ROAD\\-�:: PURPOSES TO ATCHISON, TOPEKA, AND SANTA FE \ RAILWAY COMPANY EXHIBIT "B" 0 Er 2n _ps�Eo (C J. 12861G +JG ROBERT G. SCHOETTMER, LS 432,1 DATE LEGEND INDICAVEN 0345 (R) INDIC' P.O.B. INDICT C1 1 C2 18* P.O.B. =S PORTION OF HARRISON .VACATED :RES ES RADIAL BEARING S POINT OF BEGINNING 05543.50 136.29 '5 6" 556.50 183.56 .1 L2 17.46'37"W 88.16 L3 T2° 01' 18"EE. 10. 00 23r( PLAT TO DESCRII' VACATIO OF HA 60 30 0 SCALE 1 "= 60' LUSTRATE LEGAL ON OFA STREET OVER PORTION ?SON AVENUE n\0.12f I\.L1t01b\i12061v2K1_.t_va0.001 \\.rv_ca.ol w tckSta W ar0.S i o I otVl\50\P.Tc01 cow On 0S-A R-2003 16104 I IIIIMP City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2003 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #47 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #47 per Government Section Code 37208. Financial Statement Not applicable. Approved BY: Account No. STAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 2,124,833.88. BOARD / COMMISSION RECOMMENDATION denccti,: ATTACHMENTS ( Listed Below i 1. Warrant Register #47 2. Workers Comp Warrant Register dated 05/21/03 3. Payroll Warrant Register dated 05/21/03 Fles•iuti�va No. A-200 (9!99) MEETING DATE June 17, 2003 City of National City, Calif©gnia COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 15 (-ITEM TITLE WARRANT REGISTER #48 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #48 per Government Section Code 37208. Environmental Review Financial Statement Not applicable. NIA Approved Byy 1. / Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 227,443.12. BOARD I COMMISSION ECOF ENDATION ATTACHMENTS Listed Below i 1. Warrant Register #48 2. Workers Comp Warrant Register dated 052803 Resolution No. A-200 (999) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2003 AGENDA ITEM NO. 16 (ITEM TITLE WARRANT REGISTER #49 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #49 per Government Section Code 37208. ncial Statement Not applicable. hSTAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 1,311,177.83. BOARD ! CFMtSSIOfd CO M ENDATIO ATTACHMENTS (Listed Beiow ) 1. Warrant Register #49 2. Workers Comp Warrant Register dated 06/04/03 3. Payroll Warrant Register dated 06/04/03 Approved By= FER3nce Ofrec Account No. ion No. A-200 (9'991 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 17, 2003 AGENDA ITEM NO, 17 ITEM TITLE CLAIM FOR DAMAGES: Matthew Ostrom PREPARED BY Michael R. Dalla, CMIPARTMENT City Clerk EXPLANATION The claim of Matthew Ostrom arises from an occurrence on April 14, 2003 and was filed with the City Clerk's Office on May 8, 2003 1 Environmental Review XX N/A / Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Approved By: Finance Director Account No. Resolution No. 0-200 (9•$9) MEETING DATE June 17. 2003 PREPARED BY EXPLANATION City National City, Califor COU Cit. AGENDA. STATE AGENDA ITEM NO. 18 REQUEST TO USE ENGINE #923 FOR USE IN "WELCOME HOME FOR THE TROOPS" EVENT Donald Condon, DEPARTMENT Acting Fire Chief (619/336-4550) Fire The Fire Department has received a request from Roark Griffin, a Firefighter with the Carlsbad Fire Department. He has organized a "Welcome Home for the Troops" event on June 22, 2003. He is requesting all fire departments in San Diego to provide one fire engine on June 22nd from 7:00 a.m. to 12:00 noon for a procession from North Island to Qualcomm Stadium. Military personnel will ride on the engines through downtown San Diego. Engine #923 is a reserve unit and will be used only if available. No first response engine will be used. An overtime Engineer will be needed for the duration of the event, but all other personnel involved in the event with be off -duty. City Council Policy #111 "Utilization of City Vehicles in Non -Work Related Capacities" will be followed with the exception of paragraph 6: "Only city officials and employees of the City of National City and the current Miss National City are permitted to ride on the vehicle. The City council will have final authority to designate all riders for the vehicle. Anyone riding on a city vehicle in a parade shall board at a pre -determined staging area and obey the instructions of the driver" to allow military personnel to ride on the engine. Environmental Review SA Fi aa€ ciao Statement Approximate overtime cost of $215.00 for (1) overtime Engineer. STAFF RECOMMENDAVONi Approve the request to use Engine #923 only if available on June 22, 2003. HOARD I OlSS101a N/A ATTACHMENTE t Liste l Below N/A A-200 (9/80) ON 001-412-125-102 Account No. Resolution No. MEETING DATE 6/17/03 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE NATIONAL CITY CONCERT BAND FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER P, PREPARED BY Miguel A. Dia x4290 EXPLANATION DEPARTMENT Parks & Recreation This item authorizes the City to enter into a contract with the National City Concert Band for a concert to be held at Pepper Park on August 10, 2003. Their fee is $22,500. Attached is information regarding the choices for the musical program. Staff will once again work with the band and the Port District to coordinate the event. A representative of the Concert Band will be in attendance to answer any questions. Environmental Review X N/A Financial Statement Approved The fee of $22,500 is funded by the Port Authority pP By: City support activities of approximately $1,200 can be charged to Govern `Wp" poses. Account No. STAFF RECOMMENDATION Select musical program and approve contract. BOARD / COMMISSION RECOMMENDATION Approval. (-ATTACHMENTS (Liisted Below ) Contract and musical options. Resolution No. 2003-86 A-200 5 P91 RESOLUTION NO. 2003 - 86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE NATIONAL CITY CONCERT BAND FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK WHEREAS, the City desires to employ a concert band to perform at the musical program to be held at Pepper Park on August 10, 2003; and 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 an Agreement with the National City Concert Band to perform at the musical program to be held at Pepper Park on August 10, 2003. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 17`h day of June, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PORT DISTRICT CONCERT PROPOSAL PEPPER PARK CONCERT Sunday, August 10, 2003 7PM Proposal I - "Remembering the Big Bands" Music from the era of Duke Ellington (Caravan), Glenn Miller (String of Pearls) and a host of others including Latin Big Band Music. Big Band number of swinging nursery tunes for the children. A dance -able program with a dance floor provided. Proposal II- "Music from the Pacific Rim" A program of music representative of countries on the Pacific Rim including China, Japan, Korea, Australia, South & Central American countries, Mexico, U.S. (including Hawaii) and the Philippines. (Will do this program later in the concert year as an indoor concert.) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 2003 AGENDA ITEM NO. 20 TEM TITLE RESOLUTION ENDORSING POLICIES TO ENCOURAGE INVESTMENT IN LOCAL TELECOMMUNICATIONS SERVICES IN CALIFORNIA AND NATIONAL CITY, AND INVESTMENT IN LOCAL COMMUNITIES AND INCREASED EMPLOYMENT OPPORTUNITIES. PREPARED BY George H. Eiser, III % DEPARTMENT Ext. 4221 EXPLANATION Please see attached request from Scott Alevy of SBC to Mayor Inzunza. City Attorney Environnser taI Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution. Memo from Scott Alevy, SBC External Affairs, San Diego, dated June 5, 2003 Resolution No. 2003-87 00 i9 90 RESOLUTION 2003 — 87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ENDORSING POLICIES TO ENCOURAGE INVESTMENT IN LOCAL TELECOMMUNICATIONS SERVICES IN CALIFORNIA AND NATIONAL CITY, AND INVESTMENT IN LOCAL COMMUNITIES ' AND INCREASED EMPLOYMENT OPPORTUNITIES WHEREAS, the Telecommunications Act of 1996 was designed to open all telecommunications markets to increased competition; and WHEREAS, the Federal Communications Commission and the California PublicUtilities Commission (CPUC) have successfully opened telecommunications markets and created competition in California; and WHEREAS, multiple telecommunications companies now offer local and long distance service in California; and WHEREAS, the availability of advanced telecommunications services is important to National City residents, businesses, schools and organizations; and WHEREAS, the availability of telecommunications services is dependent on maintaining the current telecommunications network infrastructure and future investments in network facilities and infrastructure; and WHEREAS, the development of and investment in network infrastructure promotes economic growth and employment opportunities for National City residents; and WHEREAS, telecommunications companies offering service in California have pledged to make investments in infrastructure and with local community organizations and educational institutions; and WHEREAS, the benefits of competition and new investment in telecommunications infrastructure should be extended to all Californians. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, as follows: 1. Policymakers should require all telecommunications companies offering local service in California to bring the benefits of competition to low- income consumers. Resolution No. 2003 - 87 June 17, 2003 Page Two 2. Policymakers should require each telecommunications company offering local service in California annually to report to the CPUC each city, municipality, and county where the company has local service customers and the number of such customers in each locale. 3. Policymakers should require each telecommunications company offering local service in California to certify annually to the CPUC and to each city or municipality where it provides service: (a) its current capital investment in the State and its additional, yearly incremental investment, by city; and (b), the number of its union and non -union employees in the State and in each city or municipality where it provides service. PASSED and ADOPTED this 17' day of June, 2003. ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: 4 George H. Eiser, Ill City Attorney Nick lnzunza, Mayor Scott D. Alevy SBC External Affairs San Diego Memo To: Hon. Nick Inzunza From: Scott Alevy Date: June 5, 2003 Re: City Council Resolution to encourage local investment by telecommunications companies I have enclosed a suggested resolution for consideration by you and the City Council. Timing is somewhat critical, and I am hopeful that you can get it on the agenda in the next couple.of weeks. This resolution is intended to make a statement to the California Public Utilities Commission that the City of National City wants the myriad of telecommunications and other utilities companies to make local investments and create jobs in California, where their customers live and work. In essence, it holds companies like SBC, MCI, AT&T and others to their ethical promises and regulated obligations, without making any specific corporate references. It simply sets a standard for disclosure of a company's commitment to the community it serves. SBC fully supports this measure to hold all like companies accountable to the cities in which we do business, plain and simple. Increased investment and new jobs will bring new opportunities to National City residents and businesses, strengthen the local economy, create more jobs, and provide a stronger tax base for the city. By passing this resolution, the city will be making a statement that you support full disclosure of investment information and employment levels, and encourage the state regulators to adopt rules and regulations that encourage investment, job creation and a commitment to the people and government of National City. I appreciate your time and consideration in the interest of this resolution, and personally thank you for your assistance. • Page 1 / STAFF RECOMMENDATIO��ii Adopt the Ordinance est bl Department to place sewer bii�l€i City of National City, California COUNCIL AGENDA STATEMENT *REFER To ITEMS #2 & #22 MEET! NO DATE June 17, 2003 AGENDA ITEM NO. 21 ITEM TITLE AN ORDINANCE TO ESTABLISH A SEWER RATE CHANGE IN EACH OF THE NEXT THREE FISCAL YEARS 2004, 2005, 2006, AND AUTHORIZE THE PUBLIC WORKS/ENGINEERING DEPARTMENT TO PLACE SEWER BILLING ON THE PROPERTY TAX ROLLS PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement pThe burden of the increased rates will fall on all the sewer service recipients' The cost of placing the sewer billi on t e tax r lls is built into the new rates. 1 Account No. :'ne es a g on the property tax rolls. BOARD / COMMISSION RECOMMENDATION N/A Finance Director authorizing the Public Works/Engineering ATTACHMENTS t Listed Below ) 1. Exhibit A - Proposed Sewer Rates 2. Exhibit B — Rate Comparison Table A. 200 i9 99) Resolution No, ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING SEWER SERVICE CHARGES FOR FISCAL YEARS 2003-20Q4, 2004-2005, AND 2005-2006, ELECTING TO HAVE SEWER SERVICE CHARGES COLLECTED ON THE TAX ROLL, AND ADDING SECTION 14.04.075 TO THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the cost of wastewater collection, transportation and treatment has increased dramatically, and as a result, it is necessary that rates charged to businesses and residents be increased over the next three years; and WHEREAS, sewer service charges are imposed by the National City Municipal Code upon any parcel which utilizes the City's sewer system; and WHEREAS, the cost of implementing the National Pollution Discharge Elimination System ("NPDES") provisions of the federal Clean Water Act are significant due to the increased demands placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system, and WHEREAS, because the existing method of collecting sewer service charges by the mailing of bills to businesses and residents has proved to be inefficient, it has been proposed that sewer service charges be collected on the tax roll, as authorized by Section 5473 et seq. of the California Health and Safety Code. NOW, THEREFORE, BE IT ORDAINED that in order to offset the costs of wastewater collection, transportation and treatment, and of compliance with NPDES requirements for properties served by the City's sewer system, the City Council of the City of National City does hereby approve and adopt the sewer service charges for fiscal years 2003-2004, 2004-2005, and 2005-2006 as set forth in the attached Exhibit "A", which is incorporated herein by reference, effective as of August 1, 2003. BE IT FURTHER ORDAINED that the City Council hereby authorizes and directs pursuant to Section 5473 et seq. of the California Health and Safety Code, that sewer service charges, together with any delinquent charges or penalties for nonpayment of such charges, be collected on the tax roll in the same manner, by the same person, and at the same time as, together with, and not separately from, the City's general taxes. Ordinance No. 2003 - Page Two BE IT FURTHER ORDAINED that Section 14.04.075 is hereby added to Chapter 14.04 of the National City Municipal Code, to read as follows: 14.04.75 Sewer Service Charges - Collection on Tax Roll. In addition to and as an alternative to other procedures for the collection of sewer service charges, such charges, together with any delinquent charges or penalties for nonpayment of such charges, may be collected on the tax roll by following the procedure set forth in Section 5373 et seq. of the California Health and Safety Code. PASSED AND ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney m W Exhibit A National City Proposed Wastewater Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solid Strength Category Commercial - Low Commercial Commercial Commercial Corittmercia( - Medium Low - Medium - Medium High -High. • Suspended Solids Strength Range < 200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 600 PPM > 600 PPM Current Rate 03/04 Rate Monthly Monthly $16.08 $22.08 $15.00 $19.00 $9.50 $13.50 $2.41 $2.65 $3.36 $3.99 $5.19 $2.85 $3.09 $3.84 $4.60 $5.75 04/05 Rate 05/06 Rate Monthly Monthly $28.08 $32.08 $23.00 $25.00 $17.50 $19.50 $2.89 $3.13 $3.90 $4.68 $5.86 $3.03 $3.28 $4.09 $4.90 $6.12 Explanation: The cost of wastewater collection, transportation and treatment has increased dramatically. Wastewater rates charged to residents and businesses must be increased to keep up with the rising costs. Wastewater rates are proposed to increase over the next three years. The proposed increases are shown in Exhibit A. The current rates generate approximately $4.9M annually. The rates as proposed will generate approximately $6.1 M in FY 2004, approximately $7.0M in FY 2005, and approximately $7.7 M in FY 2006. In FY 2004, the cost of providing wastewater service will total approximately $6.8M, and increase each of the next two years. It will be necessary to augment the wastewater budget in FY 2004 with approximately $700,000 from the Wastewater Rate Stabilization Reserve to cover the cost of wastewater collection, transportation, and treatment. Approximately $540,000 of those funds will be recovered over the next two fiscal years. Three major factors play a role in the increase in costs that we are experiencing here in National City. They are: 1. The increased amount being charged by San Diego for wastewater treatment. 2. The increased wastewater flow being generated by National City - primarily due to San Diego installing additional and more accurate flow meters. 3. The requirements of the State issued NPDES stormwater pollution prevention permit. All National City's sewage is transported to Point Loma for treatment. The amount being charged by San Diego has increased significantly over the last few years and the increases are projected to continue. The Metro Wastewater Joint Power Authority, of which National City is a member, hired an independent auditor to review the costs being passed on the member agencies. Without exception the auditor concurred with the validity of the costs. All the sewage that is collected by National City is metered by San Diego as it enters their system on the way to Point Loma for treatment. For the last couple of years San Diego has been upgrading all their flow meters. The result for National City has been a significant increase in the flow and consequent charges for treatment. In fact, the increase was so significant that we contracted with an independent firm to temporarily install flow meters in series with the San Diego meters to assess the accuracy of San Diego's new meters. Daily flow was measured by National City's and San Diego's meters for several months then compared. The results showed that San Diego's new meters were accurate and the City will be charged more for treatment as a result. Finally, National City operates and maintains its storm drain system in accordance with the requirements of the California Water Quality Control Board's NPDES permit. This permit has completely changed the way storm drain systems are operated. In the past the storm drain system was primarily operated and maintained with the goal of eliminating flooding of private property in the event of storms, and somewhat ignored at all other times. Now water quality is a major factor to consider in the operation of the system. As you know the storm drain system transports more than actual storm water. Significant demands are placed upon the City's storm water system by improved properties within the City which are served by the City's sewer system. The California Water Quality Control Board has issued the NPDES permit that very prescriptively describes things the City must do to reduce or eliminate the amount of urban run-off pollution that enters as is carried through the system. These new requirements are very costly. Like many other cities that are subject to the permit, it is proposed that the wastewater fund be used to pay a portion of the costs. Exhibit B is included so that Council can see how the proposed wastewater rates compare with rates that other Metro member agencies in the region are charging. Exhibit B shows the rates being charged for single family service. National City charges a flat rate to residential users, as opposed to a water consumption based rate as is charged Commercial users. This residential billing practice is common when water and sewer are provided by different agencies. Exhibit B lists Agencies that likewise charge a flat rate for residential users, and converts data from Agencies that do not charge a flat rate to an average monthly rate so a comparison is possible. In addition to the issue of wastewater rates increases, before Council for consideration is the issue of transferring the collection of wastewater billing to the County of San Diego tax rolls. In other words the wastewater services will be a line item on each property owner's tax roll and be collected twice a year. Currently, wastewater service is billed every other month through the Finance Department. For many reasons, this method of wastewater service billing is ineffective. Over the last three years approximately $2.9M in "bad debt" has accrued. The success rate in collecting this bad debt has been very low. Placing the wastewater service billing on the tax rolls will eliminate this bad debt. It is anticipated that we will get the billing on the tax rolls for FY 2004. In order to do so, the data must be submitted to the County by August 10, 2003. There is a lot of work required to get the data in the County required format, but we are confident if we start immediately we can accomplish the task. Since National City is charged by the City of San Diego for wastewater transportation treatment regardless of our wastewater billing success, it is not possible to continue on accruing bad debt. It is also not possible to accurately determine rates that must be charged to National City residents and businesses to cover these charges if it is an unknown as to what will actually be collected. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years wastewater budget by approximately $700,000, then recover a total 2 of approximately $540,000 over the following two years. Currently there is approximately $3.0M in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. After the billing is transferred to the tax rolls, we will attempt to collect bad debt through the rolls. The City Attorneys Office will also use other means as necessary where it is not possible to use the tax rolls, such as in the cases where the debt was incurred by a tenant and not the property owner. It should be understood that based upon history, the success of these efforts might be limited. The Collection Agency that the Finance Department hired has only experienced a nine percent success rate. In fact, the Collection Agency recently informed the City that they would no longer be providing their services. Regardless, the rates assume that the Rate Stabilization Fund will be expended to cover the bad debt. When the rates are again reviewed for 2006 we will be able to determine how any remaining Rate Stabilization Fund balance be utilized if the collection efforts are positive. It should also be noted that it is less expensive for the City Of National City to use the County to collect sewer billing through the tax rolls than it is to handle the bill collection in house. The cost the first year is approximately $60,000, then approximately $30,000 annually thereafter. The cost to keep the billing in house in approximately .$250,0000 annually (in addition to the bad debt issue.) The issue of the tenant paying the wastewater bill brings up an important point. Property owners will see the wastewater fee on their tax rolls. They will no longer simply require their tenants to pay for the service. As part of transferring the billing to the tax rolls, we must also educate the users of the system of the transfer. We will do so through a couple of mailings. Earlier in the report it was stated that the Rate Stabilization Fund would need to augment next years sewer budget by approximately $700,000, then recover a total of approximately $540,000 over the following two years. Currently there is approximately $3.0 in the Rate Stabilization Fund. The reason we are proposing the recover of the $540,000 is so the Rate Stabilization Fund maintains a balance of almost $2.9M, as it may be necessary to cover the bad debt that has already accrued. When the rates are again reviewed for 2006 we will then be able to determine how the remaining Rate Stabilization Fund balance be utilized. 3 Exhibit A National City Proposed Wastewater Rates for FY 2004, 2005, and 2006 Residential Flat Rates (per month) Current Rate 03/04 Rate Monthly Monthly $16.08 $22.08 $15.00 $19.00 $9.50 $13.50 Single Family Residence Multi -Family Residence Mobile Homes Commercial Variable Rates (per HCF) Suspended Solid Strength Category Commercial - Low Commercial - Medium Low Commercial - Medium Commercial - Medium High Commercial - High Suspended Solids Strength Range < 200 PPM 201 to 280 PPM 281 to 420 PPM 421 to 600 PPM > 600 PPM $2.41 $2.65 $3.36 $3.99 $5.19 $2.85 $3.09 $3.84 $4.60 $5.75 04/05 Rate 05/06 Rate Monthly Monthly $28.08 $32.08 $23.00 $25.00 $17.50 $19.50 $2.89 $3.13 $3.90 $4.68 $5.86 $3.03 $3.28 $4.09 $4.90 $6.12 Exhibit B Comparison of Single Family Wastewater Rates for Metro Member Agencies 2000 2002 2003 2004 DEL MAR " $ 36.49 $ 51.65 $ 57.62 $ 59.50 CORONADO ** $ 31.64 $ 31.64 $ 31.64 $ 31.64 PADRE DAM " $ 29.45 $ 31.46 $ 32.69 $ 32.69 OTAY ** $ 28.95 $ 28.95 $ 28.95 $ 28.95 POWAY " $ 25.90 $ 30.10 $ 30.92 $ 30.92 ALPINE ** $ 24.25 $ 24.25 $ 24.25 $ 24.25 SPRING VALLEY * $ 23.00 $ 23.00 $ 23.00 $ 23.00 LAKESIDE ** $ 22.08 $. 22.08 $ 22.08 $ 22.08 LA MESA " $ 21.25 $ 21.25 $ 28.70 $ 31.57 WINTERGARDENS ** $ 21.17 $ 21.17 $ 21.17 $ 21.17 CHULA VISTA " $ 20.06 $ 20.06 $ 19.00 $ 17.47 LEMON GROVE ** $ 17.08 $ 24.32 $ 30.03 $ 30.03 NATIONAL CITY ** $ 16.08 $ 16.08 $ 16.08 $ 22.08 SAN DIEGO " $ 28.38 $ 29.80 $ 41.31 $ 43.79 ** Flat Rate " Converted to Flat Rate 5 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 2003 *REFER TO ITEMS #2 & #21 AGENDA ITEM NO, 2$ ITEM TITLE A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/ ENGINEERING TO ENTER INTO AN AGREEMENT WITH PBS&J TO CREATE A DATABASE THAT WILL BE USED TO CONVERT SEWER BILLING TO THE TAX ROLLS PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT • Public Works/Engineering Environmental Review X N/A Financial Statement The contract is for $55,910. The • ails of the cost are within the contract. d By. Finance Director The cost of billing is a cost of prvice and is therefore a part of the rate structure that was considered in the Public H-. •. Account No. STAFF RECOMMENDATIO Adopt the Resolution autho r Public orks/Engineering to enter into the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Agreement J Resolution No, 2003-88 `\ A-200 (9 99 Explanation: Currently, wastewater service is billed every other month through the Finance Department. For many reasons, this method of wastewater service billing is ineffective. Over the last three years approximately $2.9M in "bad debt" has accrued. The success rate in collecting this bad debt has been very low. Placing the wastewater service billing on the tax rolls will eliminate this bad debt. There was a Public Hearing on today's Council Agenda to consider the issue of transferring the collection of wastewater billing to the County of San Diego tax rolls. If the transfer is approved wastewater services will be a line item on each property owner's tax roll and be collected twice a year. It is anticipated that we will get the billing on the tax rolls for FY 2004. In order to do so the data must be submitted to the County by August 10, 2003. There is a lot of work required to get the data in the County required format, but we are confident if we start immediately we can accomplish the task. This contract with PBS&J is for the primary work effort necessary to get the sewer billing on the tax rolls. It is less expensive for the City Of National City to use the County to collect sewer billing through the tax rolls than it is to handle the bill collection in house. The cost the first year is approximately $60,000, then approximately $30,000 annually thereafter. The cost to keep the billing in-house is approximately $250,0000 annually (in addition to the bad debt issue). RESOLUTION NO. 2003 - 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH PBS&J TO CREATE A DATABASE THAT WILL BE USED TO CONVERT SEWER BILLING TO THE TAX ROLLS WHEREAS, the City desires to employ a consultant to develop a database allowing the City to convert sewer -billing to tax roles; and WHEREAS, the City has determined that PBS&J is qualified by experience and ability to perform the services desired by the City, and the PBS&J is willing to perform such services; and WHEREAS, at a regular meeting of the City Council held on June 17, 2003, the City Council approved transferring the collection of wastewater billing to the County of San Diego tax rolls as a line item on each property owner's tax bill to be collected twice a year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to enter into an agreement with PBS&J to create a database that will be used to convert sewer billing to the tax roles. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 17th day of June 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: �6� c�.oz- za George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PBS&J THIS AGREEMENT is entered into this 17th day of June, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PBS&J, Inc. (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to develop a database allowing the City to convert sewer -billing to tax roles WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Burton Myers hereby is designated as the Project Coordinator for the CITY and will monitor the progress and Revised 52000 execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Brad Scott thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the base amount) without prior written authorization from the Director of Public Works/Engiineering. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT, Completion dates or time durations for specific portions of the Project are for six months ending December 2003. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT assigns to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2000 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. The CONSULTANT is not an employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subconsultant, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subconsultant(s) shall require the subconsultant to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW, The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subconsultant, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during 3 Revised 5/2000 the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 11. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. The CITY expects that the CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON' -DISCRIMINATION PROVISIONS. The CONSULTANT will not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the 4 Revised 5/2000 CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify and hold harmless the City of National City, its officers, employees against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 15. WORKERS' COMPENSATION, The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 16. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $2,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $2,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. 5 Revised 5/2000 ,+ r ^-..a 11, ,M .aZ,MY ,.Ea'gaaj-Are. .T.3.M-:.;MrrAlsdasa D. Workers' compensation insurance covering all of its CONSULTANT'S employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal fmancial stability that is approved by the City's Risk Manager. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over Revised 5/2000 ra the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 7 Revised 5/2000 To the CITY: Burton S. Myers Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: PBS&J 175 Calle Magdelena Encinitas, CA 92024 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such 8 Revised 5/2000 date shall automatically be extended until 5.00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity otherthan the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2000 E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 10 (Two signatures required) By: (Name)/GAsPul2__ CH i ricl vPas-5 a ----- By: Revised 5/2000 Proposed Action: The City of National City has requested PBSJ to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. Currently, sewer bills have been generated to bill constituents directly to the resident of a property using the Sweetwater Authority base data. This process has been successful, however has been noted to be inefficient, costly, and difficult to manage annually. The goal of the project is to tie the sewer account information to property APN therefore giving the city the ability to track sewer billing by APN and utilize the county tax roll. Currently the Sweetwater Authority does not track APN information in their database or business processes. The methodology in order to accomplish this task includes obtaining the current water billing database and match the water service addresses to APN. The accuracy of the relationship built in this project will depend on the accuracy of the service address information provided by the Sweetwater Authority in digital format and the property appraiser information that will be obtained from the County Assessor's office. Task 1: Database Collection and Preliminary Preparation This task will include obtaining and preparing the Sweetwater Water Authority and San Diego Property appraiser databases for the boundaries of this project. This task will include acquisition of each database and importing theminto an Access database. Once in an Access database each address field will be reviewed and made ready for analysis. Task 2: Address Preparation Address Preparation This task will entail preparing the address fields for the National City,. Sweetwater, and Property Appraiser databases. This task includes separating the street. number, Street direction, and street name for each APN and generating a new address field to be used for matching. Task 3: Account Matching Once address fields have been generated in each database, joins will be created to determine non -matches. The water records without an APN:match will be visually inspected and corrected if adequate information exists in the database:to infer its probable match. Task 4: Exception Field Review Those records that we are unable to be reconciled to APN, will be presented to the City for field inspection. During the matching process we will provide these lists (as needed) on at least a weekly basis. Task 5: Data Compilation and Review This task will include a final quality check and meeting with City Staff to present the results of the project to date. 11 Task 6: Prepare digital file for submission to Tax Assessor After written approval from the City of National City, PBSJ will convert the digital database to a format that is consistent with the San Diego County Tax Code requirements and submit the data on appropriate media to the County Tax Assessor. Preliminary Fee Estimate: SEE ATTACHED SHEET 1. Database Collection and Preliminary Database Preparation $1,800 2. Address Preparation $14,060 3. Account Matching $17,060 4. Exception Review $3,920 5. Data Compilation and Review $7,400 6. Tax Role Submission $920 7. Contingency and reimbursable $10,750 Total $ 55,910 (NOTE: Matching water billing information provided by the Sweetwater Authority visually may require a large amount of effort and will depend on the accuracy of the data provided and results of the preliminary match. A Contingency: Fee has :been :added to this scope in the amount of $ 10,000 to cover unexpecteddatabase discrepancies)' 12 An employee -owned company June 5, 2003 Stephen Kirkpatrick Assistant Director of Engineering City of National City 1243 National City Blvd. National City, CA 91950 SUBJECT: PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BALLING DATABASE FOR THE CITY OF NATIONAL CITY Dear Mr. Kirkpatrick, In response to your request, PBS&J is pleased to submit this proposal to the City of National City to provide financial and engineering consulting services to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. I. SCOPE OF SERVICES Our proposed Scope of Services are outlined in Attachment "A." II. FEES AND CONDITIONS Fees and conditions are outlined in Attachment "B." We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, Karyn Keese, at (760)753-1120. Thank you for the opportunity to provide these services. Respectfully submitted, PBS&J E. Cooley/ Vice President TO/jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 I:\admin\182\621943\91 \Proposal\NCFinancial-proposal.doc 13 175 Calle Magdalena a Encinitas, California 92024 ® Telephones 760.753.1120 o Fax 760.753.0730 © www.pbsj.com An employee -owned company ATTACHMENT A SCOPE OF SERVICES AND TIME SCHEDULE PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BILLING DATABASE FOR THE CITY OF NATIONAL CITY The City of National City has requested PBS&J to develop a sewer -billing database that will allow the city to utilize the county tax roles to bill constituents for sewer services. Currently, sewer bills are generated to bill constituents directly to the resident of a property using the Sweetwater Authority base data. This process has been successful, however has been noted to be inefficient, costly, and difficult to manage annually. The goal of the project is to tie the sewer account information to a property Assessor's Parcel Number (APN) therefore giving the City the ability to track sewer billing by APN and utilize the County tax roll. Currently the Sweetwater Authority does not track APN information in their database or business processes. The methodology in order to accomplish this task includes obtaining the current water billing database and matching the water service addresses to an APN. The accuracy of the relationship built in this project will depend on the accuracy of the service address information provided by the Sweetwater Authority in digital format and the property appraiser information that will be obtained from the County Assessor's office. I. SCOPE OF SERVICES Based on our current understanding of the Project, PBS&J will provide the following financial and engineering consulting services: Task 1 Database Collection and Preliminary Preparation This task will include obtaining and preparing the Sweetwater Water Authority and San Diego Property appraiser databases for the boundaries of this project. This task will include acquisition of each database and importing them into an Access database. Once in an Access database each address field will be reviewed and made ready for analysis. Task 2 Address Preparation This task will entail preparing the address fields for the National City, Sweetwater, and Property Appraiser databases. This task includes separating the street number, street direction, and street name for each APN and generating a new address field to be used for matching. 14 175 Calle Magdalena ® Encinitas. California 92024 e Telephone: 760.753.1120 © Fax. 760.753.0730 www.pbsj.cam Attachment A Development of a Sewer Billing System June 5, 2003 Page 2 of 2 Task 3 Account Matching Once address fields have been generated in each database, joins will be created to determine non -matches. The water records without an APN match will be visually inspected and corrected if adequate information exists in the database to infer its probable match. Task 4 Exception Field Review Those records that are unable to be reconciled to an APN will be presented to the City for field inspection. During the matching process we will provide these lists (as needed) on at least a weekly basis. Task 5 Data Compilation and Review This task will include a final quality check and meeting with City Staff to present the results of the project to date. Task 6 Prepare digital file for submission to Tax Assessor After written approval from the City of National City, PBS&J will convert the digital database to a format that is consistent with the San Diego County Tax Code requirements and submit the data on appropriate media to the County Tax Assessor. II. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, correspondence, and other relevant project information or data. B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. Field review/Inspection as needed for APN reconciliation. TO:jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 I:\admin\182\621943\01 \Proposal\NCFinancial-proposal.doc 15 An employee -owned company ATTACHMENT B FEES AND CONDITIONS PROPOSAL TO PROVIDE FINANCIAL AND ENGINEERING SERVICES FOR THE DEVELOPMENT OF A SEWER BILLING DATABASE FOR THE CITY OF NATIONAL CITY FEES AND CONDITIONS A. The Services described in Section I, Scope of Services, will be provided on an hourly rate basis with an estimated upper limit of $ 55,910. Preliminary Fee Estimate: 1. Database Collection and Preliminary Database Preparation $ 1,800 2. Address Preparation $ 14,060 3. Account Matching $ 17,060 4. Exception Review $ 3,920 5. Data Compilation and Review $ 7,400 6. Tax Role Submission $ 920 7. Contingency and reimbursable $ 10,750 Total $ 55,910 (NOTE: Matching water billing information provided by the Sweetwater Authority visually may require a large amount of effort and will depend on the accuracy of the data provided and results of the preliminary match. A Contingency Fee has been added to this scope in the amount of $ 10,000 to cover unexpected database discrepancies) TO:jle c: Sara Maples, PBS&J Karyn Keese, PBS&J File: 621943.01 I:\admin\182\621943\011Proposal\NCFinancial-proposal.doc 16 175 Calle Magdalena d Encinitas, California 92024 0 Telephone: 760.753.1120 0 Fax: 760.753-0730 www.pbsj.com Oct-14-2CU2 11:4Eam From-PBSJ 10 11m2002 C1:41pm From-PBS&J LEGAL MIAMI PUOOUCCR Collineworch. Alter, Nielson. Fowler & Dow ling,10C.(WMC/DIAL 5979 NW 151 Street. Suite 105 Mieml Lakes, FL 33014 INSURED Post, Buckley. Schuh & Jernl90n, inc. d/b/a PBS&J 2001 NW 107 Avenue Miami FL 33172 rf V PO.1.rCS' TOW IT TO CERTOY THAT Trat mums OrINSUPANCR LIoTRD RN -OW UAW eRRN OWLS) To nos NAMRD ADOvs FOR TimTOLICY M1oop INDICATED. N0tWITOSTANDWG ANY 1OLOOT WWNT. TEAM 01l CORDITIoN or ANY CONTRACTOR erne' seamen mot memo. lO NiIue* TDIS CORTIOCATE MAY 1111ma D0R MAY estereDN. 113r MORA= AI0P1NTUX VOULVIOCK11040111TOSOI TiaVIORCTTO ALL TITo TERM. XXCLUSt0Ni APXI COMMONS OR SUER POUCLEe. I.fMrEE mimosa ITV/ROM 11E01X3X1ST MID CLAD43. co POLICY MOOR TOLICYK9P. POLICY XX& eATR 0JOOTOINT) 3C5-599-2739 T-241 P 002/063 F-4T9 T-32T P.002/0(13 F-EZ9 y Tilts CSRTIDscATIU 'ammo As a. MAIM OF TIOOXKLUON ONLY AM CONr3L4 NO RIGHTS Ur ON SW CERTWICAYR stowasL nue CSXYL 1CATS DORS NOT AMEND. EXTEND OR ALTYR TICS cowsKr AF6OL03DBY 7OR rOLUCiee alDAW ISA97R DATs o'rAOODn'EI 10/11102 COMPANIES AFFORDING COVERAGE rf0lry LEsiluc A Continental Casualty Co A XV LE COMPANY 1.81'[ER D. 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EXP. /Ow Si+) cOMetteEla 506IR LIMIT eon]LY 51URY tr r$e U1 NODDY MOLT cPcr moans) rAOP9RTY DAMAGE 2000300 2000300 1000000 1000300 1000000 0 EXCESS Lin/Lam X UMBRLLIA TORN OTHU THAN UMDREILA Tll WOR1CL115' CCOI ENaeTION AND EMPLOYER'S LLOUIRTY 0 32R Professional/ Pollution Liab Claims -Made Form BE2131609 WC247843268 P42302 9[30/02 9/30/02 9130032 9/30/03 9/30(03 9(30/03 RACK occuDDance AGGDRGnTR X in...LuTORY LOOTS Gat ACCtDY T DISEASL'•ro1.ICY LIMIT n„EASSWi CB SNP. 41,000,000 Limits ea cfaimionoreDat9 11/11/61 aetrodate 10000000 10000000 1000000 1000000 1000000 oricartnoNpr pvtaalioNSILOCATIONSMINCLRN3reCtAL tt5M9 SEE ATTACHED C4RTIFLCATE4IQ1.01 Cay at Notional City of Pubile 0epsrtment 1243 Nations! City 91vd, National City, CA 91950 CANCEL11131.0 1 •<ti , ;.. .'. eoouui ANY OT TIC ADORE DGSYtiooO YOLIcoa5 PIE CANCRLU:o=To=RTIM axi1EA'nONDATE Tnrithot, Y0E I6SUINC COMPANY WD.1. p,m$4V0ft TO MAIL 3n DAYs WRITILN NOTICE TO T0R 0 W.1W1CATE HALDES NAMED TO THE WY', OUT 7AD.Ua5 TO MAD. SUM NOTlCE 61MLL Iciposr.NO Oa180ATtOm Oa tn3terry Or ANY KIND UFONTIQ COMPANY, (r5 AGENTS OR 10177R5RN•rATIvE6. ACOitY) 25-S (7/90) er ATROONDm PSI fI'P �r'. '.i .'a-:.: RECEIVED TIME OCT.11. 10:40AM 17 PRINT TIME OCT.11. 11:20RM MEETING DATE June 17, 7003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO, 23 ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL (K-6) AT 125 PALM AVENUE (APPLICANT: INTEGRITY CHARTER SCHOOL) (CASE FILE NO.: CUP-2003-11) PREPARED BY Fcia DEPARTMENT Roger Post, 336-4310 Planning EXPLANATION The project site is located on the east side of Palm Avenue adjacent to Interstate 805 and the National Guard Armory, in the Private Institutional -Planned Development (IP-PD) zone. The 1.27 acre property is developed with a two-story, 16,000 square foot church building (National City Apostolic Assembly) and a 64 space parking lot. The applicant proposes to operate an alternative public school, sponsored by the National School District, in the bottom floor of the church building. The school will have between 100 and 150 students in Kindergarten through 6th grade. School will be held Monday through Friday between 7:30 a.m. and 3:00 p.m., and after school programs will be held from 3:00 p.m. to 6:00 p.m. Planning Commission held a public hearing on this item May 19, 2003. The Commissioners heard testimony both in support of and opposition to the school. They discussed the appropriateness of the site for a school, and its potential to cause traffic congestion in the area. They approved the Conditional Use Permit, since the education of the youth of National City is of great benefit to the public and since a condition requiring students to be dropped off and picked up on -site will alleviate potential adverse effects the school might have on nearby properties. Financial Statement N/A Approved 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 t COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Graham ...Absent- Pruitt. Abctain• Reynnlrls ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 15-2003 2. Location Map 3. Site photograph Peducedsite plan and floor plan 4-200 (9.99) Resolution No. RESOLUTION NO. 15-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL (KINDERGARTEN THROUGH SIXTH GRADE) AT 125 PALM AVENUE APPLICANT: INTEGRITY CHARTER SCHOOL CASE FILE NO. CUP-2003-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a charter school (kindergarten through sixth grade) at 125 Palm Avenue at a, duly advertised public hearing held on May 19, 2003 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-2003-11 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 19, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 8,140 square foot first floor of the existing church building provides ample space, for classrooms to serve up to 150 students, and since the 1.27-acre lot, which has a 64 space parking lot, provides enough parking and drop-off area for 150 students and staff. 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 Palm Avenue, a collector street, may accommodate the approximately 160 to 240 average daily trips the proposed school will generate and still be operating below capacity. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since there are no sensitive adjacent uses, and since adverse effects to the area will be avoided by using the parking lot for drop-off/pick-up of the students. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will create an additional education opportunity for the of the youth of National City, and since National School District has approved a resolution endorsing the school. 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 charter school, Kindergarten through Sixth grade, at 125 Palm Avenue for up to 150 students. 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-2003-11, dated 4/11/2003. This permit does not authorize modification/expansion of the parking lot. 2. All students are to be dropped off and picked up in the parking lot of the church/school property at 125 Palm Avenue. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. The 50 feet of deteriorated sidewalk along the property frontage shall be removed and replaced. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 6. A Fire Department safety inspection shall be conducted on the facility prior to the opening of the school. 7. 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. 8. 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. 9. A crossing guard shall be present before and after school to assist children in crossing the street and to direct parents to drop off and pick up children on the site. 10. Temporary fencing or other barriers shall be installed during school hours to separate the outdoor play area from the parking lot. The type of fencing or barrier shall be subject to the review and approval of the Planning Director. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 2, 2003, by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: REYNOLDS THAI AN PROJECT LOCATION 715 sms ZONE BOUNDARY LOCATION MAP Conditional Use Permit for a charter school at 125 Palm Avenue CUP-2003-11 NATIONAL CITY PLANNING r DRN. DATE: 5/6/03 INITIAL HEARING: 5/19/03 Site Photographs of 125 Palm Avenue View of the church from the south and across Palm Avenue View of the church and the parking lot from the north ,Mg:=FDAMIMai!,!Magianang,,g':aMP,Mit'21‘MTiMaSta, -',".‘.2,M1tWaRaIMMEOMMOL:INEPAMMENreaMaffaMMTIONINPANNUM NATIONAL CITY APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS PASTOR MISAEL ZARAGOZA PROPOSE WORK TENANT IMPROVEMENT INTEGRITY CHARTER ELEMENTARY SCHOOL CONDITIONAL USE PERMIT 2003-11 OISTING .6N6ONG0 a20 MONUMENT 48-0 3-0 ._.....0°'?... 6770P LANLeCAPE MtE4 Ns4 0.1 9 717 NORTH a es9 799,, Jac' cP E: 09‘ 31' 9* TOTAL EXISTING 29,919 SQUARE FEET PARKING AREA, EXISTING LANDSCAPE AREA= 15,828 SQUARE FEET 5% = 1,495 SQUARE FEET MINIMUM LANDSCAPE AREA EXISTING 64 TOTAL PARKING SPACES INCLUDING 3 DISABLED SPACES ADD 15 NEW PARKINGSPACES INCLUDING VAN ACCESSIBLE SPACE MAD= ACC198113LC PARKING SPACE I ...•dad 511 doe'. 0116TING "P110-BIORYIEUILOING 901CI1JARY mar amok a ao II COOS WOMB, IUTC11‘11, DINING, LCNICR FLooa -,a.[ao L -I... 'FatriSIR 2115540 ASPHALT Pil 7=, PARKING SPACE 03) 1:419111,4 MAD= CaS-TING 19, 9)119, COMPACT SPACE VI TING DISABLED PACE OR) t. r FO ER 9.090 APE AREA SITE AGREES: 125 PALM AVENUE APN: 554 - 050 - 17 RECORD OF SURVEY: 8990 OWNER'S NAME: APOSTOLIC ASSEMBLY OF THE FAITH IN CHRIST JESUS, INC. PLANS DRAWN BY: ALEXSAUCI030 1758 GOTHAM ST. CHULA VISTA, CA. 91913 (619) 421.6060 CONDITIONAL USE PERMIT 1981-5 VARIANCE: Z-181 EXISTING 64 PARKING SPACES ZONING: IP-PD LOT SIZE 1.27 ACRE NG 0.11,3 NREVMSOMEMIMPE DaSTING LANDSCAPE OLEANDER 14145 LISTING C NIGN Cr SIN LINK ONCE NIA.711,* • LAPS CM CAPE AREA ,AND3CA acrral, 997 EXISTNG 90 5RI140VAY PALM AVE. EXISTING PLOT PLAN SCALE: NONE 2,7,:tr=17- 6063265663306237 PROPOSED FLOOR PLAN DETAIL 1 LE021-32 SCALE 1/16" EXISTINONONBEARINGIVALL TO BE 166.101./ELI .7.1.1.71.6sasss NEW . *; 16 S.C. 1VALLS 0 ETHERNET CCNNECTICIN,FOR EACH MASSE= DEDICATED NTEENEY CONNECTION 126 KEA IRON SENNECTON 3 POSER ffRIPS, 12 PLUM FOR DEITY 11 CUPUTEES OCCUPANCY CUSFICATION, E-1 v—N FULLY SPEINKLEREO 3 ILLUMINMED EXIT SINGE CLASSROOM CLASSROOM CLASSROOM 6 60 SUNDAE SCHOOL OFFICE EH" rem vv.e/rtaor, Fag YRINCIPALIS OPPICE A616. La Or ATEEISEIAgC.WICE vz IS PRINT GRADE :co P L0 MOHAN ITN NEW ONE1101311. COREMOR z AvA 77115717 KEHLER LOAD 75 51, EN* ;7- EXISTING THSID GRADE ,667116,6666160666, 29 1111/1.1111761111'03E APILA xv,t0, AL67.1PA6771_6666, 7/ SECOND GLADE 7666661P2EL LOSAL EPS" 1615261*17742 5,761E W I LS 07 As 07 7,10,6 ION= is 1•Cc706,461L LOAD r. 1.2 [t1026 FE InCISIE116 CANEY ROOL1 FOYER EMI ENO SAIPPLIES =AZ LIVE. MAL 17721 STALH-5 City of National City, California COUNCIL. AGENDA STATEMENT MEETING DATE June 17, 2003 AGENDA ITEM NO. 24 ITEM TITLE AN APPEAL TO THE CITY COUNCIL FOR THREE-WAY STOP SIGNS AT THE INTERSECTION OF 24TH STREET AND LANOITAN AVENUE (J. GRIER) PREPARED BY Adam J. Landa 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering James Grier, Jr. is appealing the decision of the Traffic Safety Committee to install three-way stop signs at the intersection of 24th Street and Lanoitan Avenue. Their decision was based upon the State's Warrants that were not met. In addition, Mr. Grier requested flashing pedestrian lights and speed humps, but at the meeting withdrew his request. Staff has performed a study for a three-way stop control and based upon the attached warrants, the intersection scores only fifteen (15) points out of the necessary thirty (30) for the installation. The Traffic Safety Committee denied the request based on the State's warrants that were not met. Environmental Review Financial Statement N/A X N/A Approved By; Finance Director Account No, STAFF RECOMMENDATIOI+� Public Works concur with the of the State's Warrants. y Committee derision since it does not meet the requirements BOARD ! COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of May 14, 2003, denied the request based on the State's warrants that were not met. ATTACHMENTS ( Listed Below ? 1. The Appeal 2. Letter 3. Staff Report to the Traffic Safety Committee Resolution No. it /2 fo L Vkt-610 RA_K, t\-rasCy r„ I ',ONE-c1 c_ ..e. J.). 2 2_ ii\b-Elke_ Cs -Le iij --C± a -to a NZ) 1 ) E7Lc, L- Ly de A_. .1 k 3 \ NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 14, 2003 ITEM NO. 2003-22 ITEM TITLE: REQUEST TO PROVIDE A THREE-WAY STOP CONTROL AT THE INTERSECTION OF 24TH STREET AND LANOITAN AVENUE (BY: J. GRIER) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. James Grier and Lincoln Acres Elementary School have requested the installation of "three-way" stop signs at the intersection of E. 24th Street and Lanoitan Avenue. According to Mr. Grier, there is a traffic safety problem. He believes that a three-way stop sign will improve the safety for the children. Mr. Grier is also requesting flashing pedestrian lights and speed humps. Staff has performed a study for a three-way stop control for the T-intersection of E. 24th Street and Lanoitan Avenue. Based upon the attached warrants, the intersection scores only fifteen (15) points out of the necessary thirty (30) for the installation of a three-way stops. Speed humps study was also conducted for 24th Street and Lanoitan Avenue. Based upon the City Council Policy requirements, four out of five conditions need to be met for the installation of speed humps. There were three conditions that meet the Policy out of the required four. Given that these studies were done in the past few years, there have been no significant alterations in the area. Therefore, the results would be similar. Flashing pedestrian lights are not warranted since there are crossguards, traffic lights and stop signs within 600 feet of the school. There have been no reported accidents in the past year. STAFF RECOMMENDATION: It is recommended that the intersection remain the same, since it does not meet any of the City Council Policy requirements, nor the State warrants. EXHIBITS: 1. Letter 2. Location Map 3. Photos 4. Traffic Counts 2003-22 1. ter or por ftginfrp 11NRCN 0E4fl" Det9 J) LINCOLN ACRES SCHOOL 2200 LANOITAN AVENUE ^ NATIONAL CITY, CA 91950 m (619) 336-8600 FAX (619) 336-8655 MS. LUZ VICARIO, PRINCIPAL MR. ALFONSO DENEGRI, ASST. PRINCIPAL March 31, 2003 National City Traffic Safety Committee 1243 National City Blvd. Civic Center National City, Ca 91950 Attention Committee Chairperson: We the parents, community members, students and staff of Lincoln Acres Elementary School do respectfully petition the National City Traffic Safety Committee to act on behalf of our school community to improve traffic safety flow for our school boys and girls. We are asking that you consider the following recommendations: A Three way stop signs at the intersection of 24th Street and Lanoitan Avenues. • Speed bumps 60 feet and at 30 feet back from stop sign at 24th Street. ® Flashing pedestrian light signs to identify the pedestrian crosswalk. We thank you in advance for your considerations for this paramount situation. The safety of our children is of utmost importance and we are confident you will act on our behalf. Lincoln Acres School Community cc: Adam J. Landa Assistant Civic Engineer National City Engineering Department NATIONAL SCHOOL DISTRICT 3 to1.1111.W.°.1.1111WiE111111111111111111811111121111° AVENt4E AVENUE // A EUCLID ru D- z rn LANDITAN AVENUE mum VISTA VISTA LA GRANGER SIESTA III Lk% FilltiORIENETEEMONANIMMIRESNERMSERENEM2MHEFEZEPTIMETIMMOIEEVEIENREMITRERTMENREMBE 24111 STREET AND LANOITAN AVENUE :P" POLICY FOR 4-WAY STOP CONTROL 1. PURPOSE A fully justified, properly installed four-way stop can effectively assign right-of-way, reduce vehicle delay and decrease accidents. Generally, a four-way stop is reserved for use at the intersection of two through highways, and only as an interim traffic control measure prior to signalization. 2, GENERAL The posting of an intersection for four-way stop control should be based on factual data. Warrants to be considered include: 1. Through street conditions. 2. Accident records. 3. Traffic and pedestrian volumes. 4. Unusual conditions such as proximity of schools, fire stations, vision obscurement, etc. Points are assigned to each of these warrants. The total possible points is 50. The installation of four-way stop control is justified with a total of 30 points. 3. THROUGH STREET WARRANT One of the approaching streets to the intersection must be a through highway before the intersection can be considered for four-way stop control. A through highway shall extend at least one mile in both directions from the intersection under consideration, and shall meet the conditions set forth on Page 8, Section 2f of the Highway Capacity Manual, 1965. A. If only one of the intersecting streets is a through highway. 1-Pts B. If both streets are through highways. 3-5 Pts. Maximum 5 points. 4. ACCIDENT WARRANT Two points are assigned for each accident susceptible to correction by four-way stop control during one full year prior to the investiaation. Maximum 14 points. 6 5. UNUSUAL CONDITION WARRANT Where unusual conditions exist at the intersection such as a school, fire station, playground, vision obscurement, etc.. points are assigned on the basis of engineering judgment. Unusual conditions shall be considered only if within 500 feet of the intersection. Maximum 6. VOLUME WARRANT A. Total entering vehicle volume must equal 2,000 vehicles for the four highest hours Cl h in an average day. B. Total side street vehicular and pedestrian volume must equal 600 minimum during the same four hour period. V f .d-} 1Ii 1Pp Points shall be assigned in accordance with the following tables: Te...1' TOTAL MINOR STREET PEDESTRIAN & ALL APPROACHES VEHICLE VOLUME (BOTH APPROACHES) Highest Four Hour Volume Points 0 - 1400 1401 - 1700 1 1701 - 2000 2 2001 - 2300 3 2301 - 2600 4 2601 - 2900 5 2901 - 3200 6 3201 - 3500 7 3501 - 3800 8 3801 - 4100 7 4101 - 4400 6 4401 - 4700 5 4701-5000 4 5001 - 5300 3 5301 - 5600 2 5601 - 5900 1 Over 5900 0 Maximum 13 Points Highest Four Hour Volume 600 - 800 1 801 - 1200 2 1201 - 1400 3 1401 - 1600 4 1601 - Over 5 Points (0 Pi` �� c 8 7 6 5 4 toTS 7. VOLUME SPLIT WARRANT: Four-way stops operate best where the minor approach and the major approach volumes are nearly equal. Points shall be assigned in accordance with the following table: 24-Hour Minor Street Volume 24-Hour Major Street Volume ( %) Points 95+ 85 - 94 75-84 65 - 74 55-64 45-54 35-44 25 - 34 0-24 Maximum 8 Points. SA:jha2 polistop 8 4 2 11 9 8 6 41 28 4 2 14 .- 3) 0 2 1 )1 2 1 S 16 133 448 95 77 41 25 11 011142.1445111•114,411421444141.14,1%4 4144,444-44AMIIP41111-4414.444442:42212T4a7044444 ooO.Z.Tor OOOO77-1-15551FOOMI 19 ) I 14 F. R - 1 - 'D 1 et 1 4 1; .17),0-q.ljnn-1.anoitun ISf 24Th Si National City Volumes for We.d. 4/7/99 P1\41(;_olrs.:,ND SI; Eli erio1 NI 3 SrI ED Wr3 12 00-12 15 I 0 0 1202i,, 15 12 12:i5-12 lu 0 U 0 12:15-12 31; 11 II 12.36-12 45 1 0 1 12:3(1-12 45 II 313 12:45-1:00 0 0 2 (1 0 0 1 3 12:45-1:00 0 12 51 12 I-00-1:15 f) 2 0 11:9 9 1:15-1:30 0 0 0 11°1{5:' -1: 31 8 8 10 I:30-1:45 1 () 0 1 30-1:45 Is 11 22 1:45-100 0 0 1 0 2 13 it 3 1:45)2-00 0 20 55 30 58 25 65 178 2:00-2.15 0 1 0 23 44 44 2:15-2:30 2 0 0 22::(1:H512''' 2 .1; (.; 28 48 40 2:30-2:45 0 0 0 2:30-2 45 35 38 48 2:45-3:00 0 0 2 1 2 2 2 6 2515-100 0 25 11 1 30 160 45 3:00-3:15 1 2 1 3:00-3:15 28 30 35 3:15-3:30 0 0 0 3:15-3:30 25 20 330 $I 3:30-3.45 0 0 0 3:30-3:45 28 24 22 E 4:00-4:15 .._ 0 20 (01 22 96 18 105 302 IA 6 3:15-1;00 3:45-1:00 0 0 I 2 4 0 I 4:00-4:15 2 1 2 15 18 15 4:15-4:30 6 0 0 4:15-1:30 13 22 15 4:30-1(15 5 3 1 4:30-4:45 15 25 15 5:01.1t5 15 0 4 17 2 6 2 5 28 45:41x51_55:(1)C,I, 3 0 18 61 20 85 18 - 63 209 4:45-5:00 4 0 .15 31 15 5.15-.5.30 0 2 2 SI 10 20 20 5:30-5:45 0 5 3 5:13-5110 5:30-5 45 10 IS :41 00 0 2 5 6 17 2 7 2.9 5.15-600 0 6 11 15 84 13 66 191 8 1 1 5 10 4 11 11 6:00-6:15 16355.1. (I:30 5 8 1(1 6:15-6.311 3 12 12 6:30-6.45 3 9 6 6.30-6:43 4 S 10 645-7:00 0 4 16 8 35 4 28 79 645-7:00 (1 3 14 9 f:J 7:00-7.15 5 15 8 7:00-7:15 5 1(1 I; 7:15-7:3(1 8 15 18 7:1 5)7:30 6 g 7:30-745 25 .,;(6, 15 25 4 4 7:30-7:45 745-8-00 0 30 61 58 j55 50 101 - (299 7:45-8:00 0 7 22 5 CI 1 8:00-8,15 58 -S---(01 60 77 8:00-8:15 3 8:15-8.30 78 33 45 8:15-8 30 3 2 8:30-8.43 22 • 12 10 8:30-8 15 6 4 8:45-9:00 0 20 k- 178 J.: 18 12 15(147 80 2 16 2 9:00-9.15 15 -\---44. 12 ;4' ,::4050-.)( ,..)5) 4 I 9:15-930 1 I 11 9 9:15-930 3 1 ,It1t 9:30)9.45 12 .,".7,1()). 13 IC) / . 9:309:43 5 0 St 943-1000 10 g 48 '1 10 11 945-10)08) 0 2 14 2 ›), tt. 10:00-10.15 8 )15-; 11 8 '‘........." 10:00-10.15 (I 10:15(10:30 9 8 9 1045-11 30 10:36-10:45 1(1);(. 9 ..,„, 7 ..)--)\ ,,, -A - 10 30-10 45 1045-1100 0 1 -'' 42 1:10 fig N;) 6 ):)1 30 0 110 0.4:5-11 00 11:00.11.15 13 ,/ 11 k„)))•) 5 '-)----- ' IL-00-11:15 0 11:15-11:30 1() 12 7 11;15-1130 1 11:30-11.45 11 10 8 1,.,,. '.. 1 1:30-11 45 2 Vol 422 0 8 47 8 41 9 29 \ 112)11:45-12:00 44)1 ( 0 0 2 1:45-12.00 ‘5) 5 .„ "5'4: .)Tht4.41 i 1-7q) aqi it411:153 4' ia9-qC1-4 2‘ 2 '9) ()), N1 -f i :./ , B / 01160001 WB 7 8 10 48 9 40 27 34 177 4 fo4(4 - 4-4 )1 0 1,;(4'144 L•.fcc.: t I)/1 oo.) (6.11 1O eppppapppoppaPipprmaPPPPPPAPPOP PPEI 611 Location: Lanoitan @ 24th Southland Car Counters Pedestrian Count Date: 3/25/99 Day: Thursday City: National Ci Project #: 01760001 Time 7:00am :15 :30 :45 8:00am :15 :30 :45 Total NB E B W B E-Leg I W-Leg 1 3 1 2 6 16 1 25 4 25 3 7 0 0 1 0 N-Leg S-Leg N-Leg S-Leg 0 0 0 0 0 0 2 0 0 0 13 4 2 0 29 0 0 0 17 1 0 0 7 0 0 0 0 0 0 0 2 1 17 78 70 4:00pm 11 :15 1 0 0 , :30 0 0 0 :45 1 'I 0 5:00pm 0 0 0 :15 2 0 0 :30 0 0 0 :45 0 0 0 Total 4 1 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Traffic Data Service Southwest Speed Histogram SpeedHist-1194 DATASETS: Sits 081091 24th Street Btwn Lanoitan Ave. & La Siesta Way Direction: 8 - East bound A>B, West bound 61.A., Lane: 0 Survey Duration: 13:23 Mon 05 Mar 2001 to 15:40 Wed 07 Mar 2001 Fla: \1Mobile031.c\Program File.5UNetroCount v220\User\Data\NationalCity\2001\08101\0810107MAR2001.ECO (Plus) Identifier: A278EP2X MC56-1 [MC55) (c)Microcom 07/06/99 Algorithm: Advanced e�e: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: In profile: 14:00 Mon 05 Mar 2001 to 15:00 Wed 07 Mar 2001 1, 2, 3, 4. 5, 6. 7, 8, 9, 10, 11, 12, 13 5 -100 mph. Westbound) Greater than 4.00 seconds. Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, f/s, mph, lb, ton) 1690 VehicleS Sneed Statistics Total vehicles in profile= 1690 Posted speed limit a 25 mph Number speeding = 863 (51 A7°!o) Maximum speed q 48 mph Minimum speed = 5 mph Mean speed = 25.17 mph 85% speed = 31 mph 10 mph pace = 21 to 31 Number in 10 mph pace - 957 (56.63%) Variance = 38.35 Standard deviation = 6.19 mph 20`d 561,8 062 6t9 Weekly Vehicle Counts Report 1d: Weekly Vehicle-1193 Site ID: 08101.0WE Location: 24th Street Dtwn Lanoitan Ave. 8< La Siesta Way Filter time: 14:00 Mon 05 Mar 2001 to 15:00 Wed 07 Mar 2001 Scheme: Scheme F99 Filter; CL(1 2 3 4 5 6 7 8 9 10 11 12 13) DR(VV) SP(5,100) HW(all) Date 05 Hour period 0000-0100 0100-0200 0200-0300 0300-0400 0400-0500 0500.0600 0600-0700 0700-0800 0800-0900 0900-1000 1000-1100 1100-1200 1200.1300 1300-1400 1400-1500 1500-1600 1600-1700 1700-4800 1800-1900 1900-2000 2000-2100 2100-2200 2200-2300 2300-2400 TOTALS 12Hr 7-19 16Hr $.22 18Hr 6-24 24Hr 0-24 • 907 ) AN HS 7 PEAK M014 TUE WED THU FRI SAT SUM AVERAGES Mar 01 06 Mar 07 Mar 08 Mar 09 Mar 10 Mar 11 Mar 5-DAY 7-DAY 1 2 o 1 0 ° 0 1 r 3 0 o 5 2 6 12 24 32 • 140< 143< o 110 109 • 31 47 • 23 44 * 47 53 • 41 24 37 39 72 70 58 140 140< 60 65 57 58 40 37 29 25 22 1,6 11 10 * 6 14 2 3 7 * s n a S P * * * ff ar * * x a a ,t * * * w w art * a a w h * z 1.5 1.5 0.5 0.5 0.5 0.5 1.5 1.5 3.5 3.5 9.0 9.0 2t1.0 26.0 141.5< 141.5< 109.5 109.5 39.0 39.0 33.5 33.5 50.0 50.0 37.5 37.5 38.0 38.0 66.7 66.7 140,0< 140.0< 62.5 62.5 57.5 57.5 38.5 38.5 27.0 27.0 19.0 19.0 10.5 10.5 10.0 10.0 2.5 2.5 PM11R FEAR ° 799 874 140 * 15 140 - Met in logging period. p * n n 7 143 799.0 874.0 891.0 907.0 799.0 874.0 891.0 907.0 If S S61,8 8E2 ST9 "MS-33 23S-vita-3Z J=Iti21 Wd ZT:SB Y8-L0-8riW Report Id: WeeklyVehicle-1193 Site ID: 08101.0WE La *n: 24th Street Btwn Lanoltan Ave. & La Siesta Way Fii, ne: 14:00 Mon 0S Mar 2001 to 15:00 Wed 07 Mar 2001 Sc'- Scheme F99 Filter: CL(1 2 3 4 5 6 7 8 9 1011 12 13) DR(E) SP(5,100) HW(afl) M0Po TUE WE0 THU FRI SAT SUM AVERAGES Date 05 Mar 01 06 Mar 07 Mar 08 Mar 09 Mar 10 Mar 11 Mar 5-0AV 7-DAY Hour period 0000-0100 * 4 3 0100-0200 * 2 3 0200-0300 * 2 1 0300-0400 3 1 0400-0500 2 2 0500-0600 ° 0 14 0600-0700 * 19 24 0700-0600 * 122< 121< 0600-0000 82 65 a000-1000 * 33 42 1000-1100 * 20 34 1100.1200 * 63 53 1200.1300 * 42 35 1300-1400 * 42 49 1400-1500 99 96 90 1500-1600 106 108< * 1600-1700 71 72 1700-1000 82 80 1800.1900 43 40 180 000 39 29 20 „'00 23 29 210 100 17 18 2200-2300 15 16 2300-2400 8 8 TOTALS 12Hr 7.10 16Hr 8-22 18Hr 8.24 24Hr 0-24 AU MR PEAK PM HA PEAK * * * 9 * fr rt * * * * 9 3.5 3.5 x * * 2.5 2.5 R * 1.5 1.5 R * * 2.0 2.0 * * * 2.0 2.0 * Q * 11.5 11.5 * * * 21.5 21.5 * * * 121.5< 121.5< a * * 73.S 73.5 * * 37.5 37.5 * * * 31.5 31.5 * * * 58.0 58.0 * * * 38.5 38.5 * u 45.5 45.5 * = 95.0 95.0 * * 107.0< 107-0< * * 71.5 71.5 * 81.0 81.0 * * * 41.E 41.5 * * 2 34.0 34.0 * * 26.0 26.0 * * * 17.5 17.5 * * 15.5 15.5 8.0 8.0 009 904 928 950 7 122 15 108 * - Not in logging period. en. * 7 121 * To 809.0 809.0 904.0 904.0 926.0 928.0 950.0 950.0 * ^ 71,N=q .-'-; F :3rf-nr =-4 ci 2,1 J.. E.k c1 c_1' : 5E+ 1.O-J10-�tP1,1 Traffic _Data Service Southwest Speed Histogram SSpeedHlst-1194 SiATASETS: tt�o [08101) 24th Street Btwn Lanoitan Ave. & La Siesta Way Direction: 8 - East bound A>B, West bound B>A., Lane: 0 Survey Duration: 13:23 Mon 05 Mar 2001 to 15:40 Wed 07 Mar 2001 File: 11Mobile031c1Program Files\MetroCount v2201Uset\.Data\NationalCity\200110810110810107MAR2001.ECO (Pius) identifier A27BEP2X MC56-1 [MC55J (c)Microcom 07/06/99 Algorithm: Advanced R FILE: Finer time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Units: in profile: 14:00 Mon 05 Mar 2001 to 15:00 Wed 07 Mar 2001 1, 2, 3, 4, 5, 6, 7, 8, 9. 10, 11, 12. 13 5-100mph. .). Greater than 4.00 seconds. Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, ml, fls. mph, lb. ton) 1757 Vehicles Sneed Statistics Total vehicles In profile- 1757 Posted speed limit = 25 mph Number speeding _ t096 (62.36%) Maximum speed = 52 mph Minimum speed = 6 mph Mean speed = 27.01 mph 85%speed =33mph 10 mph pace > 22 to 32 Plumber kilt) mph pace = 1042 (59.31%) Variance = 41.25 Standard deviation = 6.42 mph Q`d 068 062 69 -MS-'3OTOi `ct�S-01UCE-OIAA3-JC`L wd ITS© TO-L0-24tW -ms—n3 T A8Bs—vitsa—oY/Li Wd !TO Y O-1_0-�Jt1W Traffic Data Service Southwest Weekly Vehicle Counts WeeklyVehlcle-1199 � - [08101124th Street Btwn Lanoitan Ave. & Le Siesta Way Direction: 8 - East bound A>B, West bound B>A., Lane: 0 Survey Duration: 13.23 Mon 05 Mar 2001 to 15:40 Wed 07 Mar 2001 Fite: UMobife03\c\Program Files\MetroCount v220\User\Data\NationalCity12001\08101\0810107MAR2001.ECO (Plus) Identifier: A278EP2X MC56-1 [MC55) (c)Microcom 07/06/99 Algorithm: Advanced ter time: Included classes: Speed range: Direction: Headway: Scheme: Name: Method: Unite: In profile: 14:00 Ilion 05 Mar 2001 to 15:00 Wed 07 Mar 2001 1,2,3,4,5,6,7,8,9,10,11,12,13 5 - 100 mph. West (bound) All Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, f/s, mph, lb, ton) 1922 Vehicles Ge-d S6S8 062 6T9 Ar Traffic Data Service Southwest Weekly Vehicle Counts WeektvVehicie-1198 JATA5ETs: Site: 081011 24th Street Btwn Lanoitan Ave. & La Siesta Way Direction: 8 - East bound A>B, West bound B-A., Lane: 0 Survey Duration: 13:23 Mon 05 Mar 2001 to 15:40 Wed 07 Mar 2001 File,, 11Mobile031c1Program FilesWMetroCount v2tvm; beriDataWNationalCity1200110810110810107MAR2001.ECO {Plus) identifier: A278EP2X MC56-1 (MC551 (c)Microcom 07/06,99 Algorithm: Advanced iarik er tune: included classes: Speed range: Direction: Headway: Scheme; Name: Method: Units: En profile: 14:00 Mon 05 Mar 2001 to 15:00Wed 07 Mar 2001 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 5 - 100 mph. East (bound) ll Scheme F99 Factory default profile Vehicle classification Non -Metric (ft, mi, fls, mph, Ib, ton) 1990 Vehicles Vijp_qLyd :. 10-06.1 Function of School Crossing Traffic Signals A traffic signal can effectively assign intersection right-of-way and promote the safe, orderly movement of both pedestrians and vehicles. Contrary to popular belief, however, signal control does not always increase safety and reduce delay. Unwarranted, ill-advised signal controls lead to intentional violation, increased hazard, unnecessary delay and traffic diversion to less desirable alternate routes. 10-06.2 Warrants for School Crossing Traffic Signals When it is necessary to extend or create adequate crossing gaps in the flow of traffic on n e "Suggested Route to School' and no other otrolled crossing is located within ,_.reet, c oo Crossing Traffic Signals should be SCHOOL AREA PEDESTRIAN SAFETY Flashing Yellow 10-05.1 Function of Flashing Yellow Beacons Flashing yellow beacons may be installed to supplement standard school signing and mark- ings for the purpose of providing advance warning during specified times of operation when school crossing problems exist (See Figure 10-6). If school authorities are to operate the flashing yellow beacon, an inter -agency agreement should be executed to assure designation of a responsible adult to operate the beacon controls, to provide accessibility for necessary equipment maintenance and to fulfill legal liability requirements. 10-05.2 Warrants for Flashing Yellow Beacons A flashing yellow beacon may be warranted ___.... when all of the following conditions are fulfilled: The uncontrolled school crossing is on the eacofts '10-05 Traffic Manual "Suggested Route to School"; and 2. At least 40 school pedestrians use the crossing during each of any two hours (not necessarily consecutive) of a normal school day; and 3 4. The vehicular volume through the crossing exceeds 200 vehicles per hour in urban areas or 140 vehicles per hour in rural areas during the same hours the students are going to and from school for any purpose; and 5. The critical approach speed (85 percentile) exceeds 35 mph or the approach visibility is less than the stopping sight distance. School Crossing Traffic Signals 10-06 considered, when meeting the warrants noted in apter 9 of the State Traffic Manual and when either of the following conditions is fulfilled: 1. Urban Areas - 500 vehicles and 100 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or from school; or 500 vehicles for each of any two hours daily while students are crossing to or from school and a total of 500 school pedestrians during the entire day. 2. Rural Areas (Use 70 percent of the volumes noted under Urban Areas) 350 vehicles and 70 school pedestrians for each of any two hours (not necessarily consecutive) daily while students are crossing to or from school; or MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT June 17, 2003 AGENDA ITEM N . 25 (-ITEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY RON BAKER CHEVROLET/ISUZU DEALERSHIP PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works/Engineering The Ron Baker Chevrolet/Isuzu is requesting use of the South Room on Wednesday July 9, 2003 from 6:00 to 8:00 pm to hold a seminar. The dealership wants to help the Hispanic community understand all the paperwork that is required when a vehicle is purchased. They are expecting approximately 100 people to attend. Cost: Building: $ 58.63 Custodial: 50.27 Total: $108.90 This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". Environmental Review X N/A Financial Statement Approved Dy $108.90 to the General Fund if Council approves use of the Center. STAFF RECOMMENDATION 414. 00 A. Council decision on use of the ommunity en er. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Community Center. 2. Ron Baker Chevrolet/Isuza letter dated May 28, 2003 A-200 [9.99) Finance Director Account No. Resolution No. 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: Ron Baker Chevrolet/Isuzu Business Address: 2301 National City Blvd. ,National City,CA 91 950 Name of Applicant: Bill Cumming Address: 2301 National City Blvd. ,National City,CA 91 950 Telephone Number: day (61)3 477 2163 evening (61 9t 482 4565 Type of Function: seminar Date Requested: July 9, 2003 Decorating Time: (am/pm) to (am/pm) Function Time: 6pm (am/pm) to 8pm (am/pm) Clean up Time: 8pm (am/pm) to 8:30pm (am/pm) Use of Kitchen: x no yes If yes, Time: (am/pm) to (am/pm) Number of Participants: 1 00 max. Will Admission be charged? No If yes, Amount $ Will this be a fund raising event? Will alcohol be served? No If yes, ABC Permit Submitted? Certificate of Insurance attached? 14 Special configuration of tables or chairs required? If yes, attach sketch. Special equipment required? No If yes, attach list. Copy of Rules & Regulations provided? yes Initials Certificate of Insurance attached? How many times in the last two years have you used the Community Center? n If applicable, how much did you pay for building and/or custodial fees? 0 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 Cites- acility. d-8 v "S Signature of Applicant Date rev.02103 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 iZ rvnrc 6tcUrLacu-r Person in charge of activity Bill Cumming Address 2301 National City Blvd Telephone 619 477 2163 City facilities and/or property requested Martin Luther King Jr, Community Center Date(s) of use July 9 , 2003 6-8pm. HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Vice President Official Title Certificate of Insurance Approved by Name and Title - c� Date rev. 02/03 2301 National City Boulevard, P.O. Box 330 National City, CA 91950-6507 . (619) 477-2163 Fax (619) 474-1359 May 28, 2003 City of National City Mr. Burton Myers Director of Public Works 1243 National City Blvd. National City, CA 91950 Dear Mr. Myers: We would like to request use of the Martin Luther King Jr. Community Center on July 9, 2003 from 6:00 p.m. to 8:00 p.m.. We plan on holding a seminar to help the Spanish speaking people of National City understand all the paperwork that is done when a vehicle is purchased. We have our General Sales Manager, Brian Torres give a brief overview of what transpires in a vehicle purchase or lease. He will show all the necessary paper work that is required by the State of California as well as the Federal Government. We will have one of our Finance Managers, Eddie Loera also give a brief overview of what will take place in the finance office where the customers sign all the final papers of their purchase. He too will show all the required documents necessary to complete the transaction. We are also very lucky to have a local attorney, Virginia Calderon, of the Law firm of Rosner, Law & Mansfield. She is bilingual as are all of our speakers. She has a vast knowledge of the purchasing law and what is required of the customers and the dealer selling the vehicle. She will be able to answer I am sure almost any questions our local residents might have. I am sure you will agree that this will be an informative seminar for residents to attend. We will be contacting the local Hispanic organizations to let their members know of this seminar. We hope to have 50 to 100 people there. If you have any questions or comments, please feel free to contact me. Sincerely, Bill Cumming Vice President/General M City of National City, California COUNCIL AGENDA STATEMENT June 17, 2003 MEETING DATE AGENDA ITEM NO. 26 TEMPORARY USE PERMIT — SWEETWATER HIGH SCHOOL - GRADUATION FIREWORKS DISPLAY i ITEM TITLE Claudia Caro, Permit Tech. 336-4210 PREPARED BY DEPARTMENT Building & Safety EXPLANATION This is a request from Sweetwater High School to hold a fireworks display on Friday, June 20, 2003 after the graduation ceremony, which will be ending at 7:00 p.m. The fireworks display will last 10 minutes. Sweetwater High School is requesting a waiver of all fees including 6 Police Officers fees. The event qualifies for a waiver of fees per City Council Policy #704. L Environmental Review X WA Financial Statement The City has incurred $136.00 in costs in processing this Temporary Use Permit application. Costs to be paid also are $85 for a Fire Permit and $1097.28 for Police officers. ount No. STAFF RECOMMENDATION Approve the Application for a Temporary i se Permit subject to compliance with all conditions of approval and grant the waiver of the processing fees. BOARD f COMMISSION RECOMMENDATION N/A ATTACHMENTS ; Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater High School EVENT: Fireworks Display DATE OF EVENT: Friday, June 20, 2003 TIME OF EVENT: 7:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE COMMENTS FIRE YES [ x ] NO [ ] SEE COMMENTS [ x ] POLICE YES [ x ] NO [ ] SEE COMMENTS [ x ] CONTITIONS OF APPROVAL: FIRE 336-4550 1. No Fire Department access is to be blocked at any time. 2. All Fire Department connections, FDC's, hydrants, sprinklers, shall not be blocked. 3. A permit for the fireworks display must be obtained, by the fireworks company, from the Fire Department. The fee is eighty-five ($85.00). The permit must be applied for at least 14 days prior to the event. 4. A Fire safety inspection will be conducted prior to the fireworks display. 5. The fireworks company will have to provide the Fire Department with a site map showing separation distances from the shooting site and spectators, as well as, the fall -out area. POLICE 1. There are normally eight (8) Police Officers assigned to work the event, four (4) School Resource Officers and four (4) regular officers. In the past, Sweetwater High School ASB has paid for the four (4) School Officers to work the event. 2. School Rate: a. $20 an hour per officer, minimum 4 hours b. $20 x 4 hours x 2 officers = $160.00 3. Normal overtime rate: a. $45.72 an hour per officer, minimum 4 hours b. $45.72 x 4 hours x 4 officers = $1097.28 4. Sweetwater is requesting that the City provide the six (6) officers and is requesting those fees be waived. They will pay for the other two (2) officers. Type of Event: Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Festival Circus OtherCaelfkkf7 i° Communipp Block Party ' I ' f t5 (o(l ' C( Event Title: �W{ 1.4.. j L �[� (6' Ff � L ""` "i(�� �'} may- Event Location: 74 Do lr l 6o_ft� kve- ""k-0D0Ca d ` A CI OD'-64-Lt" 7"t L ZO Event Date(s): From (l �Jb� to (QJZQ/D3 Total Anticipated Attendance: ZCOO± 1 onth/Day/Ye,(r ( Participants) ( Spectators) Actual Event Hours: ') am to l am �/ f Y Start time: 7 Setup/assembly/construction Date: Please describe the scope of your setup/assembly work (specific details): CT be 1,0 ii I getnt PS — s 4- Ekt tr a-J -FIELD f c a-1,�-s S PJ oo) t_zwev- f r LSLb Dismantle Date: G212 /03 Completion Time: ^� am/pn- List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: SWErrikk11L1(L. vi)1SJ Chief Officer of Organization (Name) Applicant (Name):e('',,r ` .e R� % �G I 941— Address: 2 l 0 1 (o s L Q Q Clrr /V 1oi Az- C-4 For Profit ot-for-Profit lir Daytime Phone: (ICI 1 I -� 6 .,Eve ing Phone: PI) 0S- bkFax: (___) Contact Person on sit- day o t e even It o�(ZtCArus Email 1 \-t t �` t'W ��""CI Pager/Cellular: L�A �9) C gr O NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF -THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 05 Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? YES g NO If YES, please explain the purpose and provide amount(s): $ V Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ V Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. � J M 5- reuse\cs 0 hied. �i 10 YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES YES Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. 4 YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES )(NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES O Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. t ( ➢ Food Concession and/or Food Preparation areas ry ! / Please describe how food will be served at the event: U6 fT If you intend to cook food in the event area please specify the method: 9d A GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate rea available to the public during the event) era) S t �� t L r T e S NU Pd (-4-&LG > Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: P,\ le describe your procedures for both Crowd Control and Internal Security: 01_, Cr Off i CC -a S- 0 14 CE *OX( CLAM' 1 --F91-e- ULTH U)(LCbe- iio4----r ecs YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: I WIWWI" — i-F Nt'CFSS -e-i2 u L16 tr w(!�- Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 1( iNln t •}'( W l U Ovv Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a etailed deFcripytiioon of your PARKING 6)-6 C / eet 4 h6 tK \T Pleas- describe your plan for DISABLED PARKING: (] I/( cl 4 Please describe yIo'ur plans to to notify all residents,, businesses and churches' impacted by the cAriu ees Licit Aa- -1) ate 4 Ls ( NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. event: VYES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: ( Number of Bands: I �` t.s tc �� t�tl I Type of Music: ! t" -I J 4IL 41- YES NO Will sound amplification be used? If YES, please indicate: Start time: am inish Time am/ re (YES NO Will sound checks be conducted prior to the event? If YES please indicate: 7j(-(e YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: `1)(s pL4fU s ti bk)cir q p�r�� � ,d-t-k7C7- Y l cb t iourR%-r ( wuktcot TO. 1) T- ¶1f Q-own cpeog-tio Y YES Start time: am/ finish Time � am/, rr'? Plea e describe the sound equipment that will be used for your event:t � o iiuw. (Zc NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of p blic p operty or the activity taken under the permit by the permittee or its . ts,' pls or contractors. Si nature of Applicant J F ` 41-1 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization'? Yes (proceed to Question 2) . No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 2. �c Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) -No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) 9 Date City of National City, Calltornan COUNCIL. AGENDA STATEMENT MEETING DATE June 17, 2003 OISINE aJ 27 AGENDA ITEM NO. r ITEM TITLE TEMPORARY USE PERMIT — LIONS CLUB = 4 OF JULY CELEB Claudia Caro, Permit Tech. 336-4210 lj ' Building and Safety PREPARED BY DEPARTME"! EXPLANATION This is a request from the National City Lions Club to conduct the Annual Fourth of July Independence Day Celebration in Kimball Park. The dates and times of the event are as follows: Setup Tuesday, July 1 begin 12 p.m. Actual Event Thursday, July 3 5 p.m.-11 p.m. Friday, July 4 12 p.m. — 12 midnight Saturday, July 5 and Sunday, July 6 1 p.m. —11 p.m. Tear Down Monday, July 7 complete 11 a.m. This request includes closing D Avenue, between 12th Street and 16th Street, from 7 a.m., June 30 until 12 p.m., July 7. This year's event includes musical entertainment, fireworks on July 4th at 9 p.m., a carnival, talent shows, food booths and community sponsored displays. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. Erviron enta! Review NIA Firtaatticatiatailopartment has estimated that the event will result in $9,898.00 in unbudgeted overtime expenses. Additional costs for Public Works, Fire, Parks & Recreation, Finance and the TUP processing costs total $5,071.49. N/A STAFF RECOMMENDATION _ Approve the Application for a Temporatry Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees, except the $9,898.00 in Police overtime fees. Account Noe BOARD / COMMISSi3Sl RECOMMENDATION N/A ATTACHMENTS ( Listed l.3elow I Resolution No, Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Host Lions Club EVENT: Annual Fourth of July Independence Day Celebration DATE OF EVENT: July 3 through July 7, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS & REC. YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CDC YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: GENERAL CONDITIONS ESTABLISHED IN PRIOR YEARS 1. No alcohol shall be sold or served. 2. The Lions Club shall give National City service organizations priority over outside organizations participating in the event. 3. The Lions Club is to provide a thorough and complete financial report within 120 days of conclusion of the event detailing all revenue sources and the amount of revenue received from each source, the amount of each expenditure and total expenditures, the amount of revenue in excess of expenditures retained by the Loins Club, and proposed budget for the use of revenues generated from the event. 4. The use of amplifiers to be limited to the hours of the stage events. 5. Written notification must be given to the occupants of the property adjacent to the park. The notification must be mailed no less than 72 hours prior to the event. FIRE 336-4550 1. A permit is required for the fireworks display from the fire department. The fee is eighty- five dollars ($85.00). 2. All cooking booths shall have one 2A:10BC or 40:BC fire extinguisher with a current California State Fire Marshal tag attached. 3. Metal cans with lids and labeled "HOT COALS ONLY", shall be provided for charcoal disposal. 4. A fire safety inspection shall be conducted by the fire department prior to the operation of the carnival, of all rides, cooking area, etc. 5. Fire safety inspection of the fireworks shooting and fallout areas shall be conducted prior to any fireworks display. 6. Emergency access shall not be blocked at any time. 7. Access to Morgan and Kimball Towers shall be maintained at all times. 8. Fire Department connections shall not be obstructed at any time. 9. Cost recovery for overtime is $352.14 plus carnival permit $85.00 total $437.14 FINANCE 336-4330 1. A Business License is required for each vendor present at this event. Vendors currently licensed by the City may operate on their existing license. A list of all participating vendors is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. 2. A $2,500 bond and a $50 inspection fee is required for the carnival or circus. 3. If any of the vendors or organizations is registered not for profit, there will be no charge for the Business License. However, a business license certificate must be obtained from the City Revenue and Recovery Division, business license section. PARKS & REC. 336-4290 1. Parks & Rec. will coordinate the event in Kimball Park. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 I. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City, its officials, employees, agents and volunteers as additional insureds on the above policy. 3. Execute standard hold harmless. (Done) COMMUNITY DEVELOPMENT 336-4250 1. Coordinate D Avenue closure with Morgan and Kimball Towers Management. 2. Direct all speakers away from residences. 3. Eliminate fake screams from rides. 4. Maintain security as in the past along D Avenue. PUBLIC WORKS 336-4580 1. Street division will post "No Parking" signs and close (barricade) "D" Ave during the event, cost $134.35. 2. Facilities to provide utilities service for booths (electricity, gas, water & sewer). Cost is estimated to be $1,550. Booth rental will be $2,900. POLICE 1. Police Department cost analysis is estimated to be $9,898.00 because of cost increase, Police removed private security hours. 2. The Neighborhood Police Team is not available to work this year's event, which had saved about 28 hours last year. 3. There was an increase of $3.00 for Police overtime per hour. (THE SAN DIEGO COUNTY HEALTH DEPT. AND NATIONAL CITY TRANSIT AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED) 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 L i 0A) 5 5 JA)-1�2AJ[1- o"),4 (— Person in Charge of Activity M / Kce (1). 412/ �, 0, 9 a, A.) 4-I nAJ l� C_. C S yr C. A y ! q Sv Telephone((' f 9) `/ 77- If KR1 Date(s) of Use y 3 iak. ) Do3 CS-2 (610 2_50 --1,M 7 Address HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Appli iOGA1-t" /I d R �` — R — Official Title Date For Office Use Only Certificate of Insurance Approved Date Type of Event: _ Public Concert Parade Motion Picture _ Festival Community Event Circus _ Block Party "('Other C.A-�2+J l r/At— Event Title: d) A-t-1 n� A-L C `�y I-I-o.s� 1_I O^l S G° Z-w� s �/ '�NCr1 2w -uy y Event Location: J� t sv)� 4- Event Date(s): From 7-1 to 7-7 Total Anticipated Attendance: / 5; OV 0 Month/Day/Year _ (goo Participants) (l ghi3Spectators) Actual Event Hours:. "4'44 S /L PM '/"'k" t r r"ta� E l I PJa t �o �a n i'a't .,.. . Setup/assembly/construction Date: 71 '' .m Start time: , Please describe the scope of your setup/assembly work (specific details): Fair _ Demonstration Grand Opening L SC-4- 1.r P bC--Li 4. g L3oc1 tDCS Dismantle Date: 77 01 Completion Time: /IS 00 am! List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. e Losc to--10 "-b 3 -7'o0 /)M "%-7-o3 A/a»,J fit€" Sponsoring Organization: t} f-i o» A L 0%.4 ihL i oN 5 C /.0 fFor Profit . Not -for -Profit Chief Officer of Organization (Name) 64,e P. y C S Applicant (Name): `'j/(/ (), c I , e-, 6A q/9 Address: Daytime Phone: (L 1)'/77- 04 S Evening Phone: L) 4 /7 )-: 7 % 44 Fax: (61g) 33 % -1,73 s Contact Person "on site" day of the event: %Vf 4'IR-I Email E?erfCellular(6) � % 5 �� !r zI g NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? X YES NO If YES, please explain the purpose and provide amount(s): 2s Il t &' -1-- ri � � 17GLI �,n�f?�5 C pc-r- $ 'Z �r 0 0 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1 b 0 0 0 Estimated Expenses for this event. $ 15` 00 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent inform9tion about the veri� / ,v4- r�n1 L U.1 0.)7 ronlS CLa Ji a)! Ll_ 'SWn! i�r�- 4 �jfc ri,/ /1/ L f UA t,4-<7 2G' (0 ©R 5 A ? K c-'Ro," a s nQ/ J71..t_ L y G+ 31u,L,�/. rG /—'r/r��f ��� rU/Am /zr�� Roc= /�% 4 c s rs P% i�ooZ7}s Ci4 1/,Nt [ C AcEs 4:3(", A C 2C ix) o2Ks r5p4_4_cf- ®��/ C2rDl y v L\\d 1-it7. c;1; O o Piv1 . , n1 A -Di) / % o^i r T/c eQE 1 ABe r LC.'. 4 nit--51jf0f�1 4 i°nmmu. Air /-'rO5_0 6.1-b rt Pr: s frs��,J � , Al 4 YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES NO Does the event involve the sale or use of alcoholic beverages? 4.YES NO Will items or services be sold at the event? If yes, please describe: 1442. 1 L (),151- , CrseT, -Ode#74 5 0 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 3 D Sizes $X I (3 J > JS NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? YES YES NO YES _ NO YES NO In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas r (G Please describe how food will be served at the event: Beei-b4S ` it fPR d- o02f-7,.cR a, 112Cr1 s e`erfio� If intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent T/4ilgt Facilities Number of portable toilets: lilt (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ✓ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 0 Trash containers with lids: 9/ Describe your plan for clean-up and removal of waste and garbage during and after the event: ,u au:titf Sim r2�G--nI t� By iuA---hav,4La_cfryHyst-- s n C L/J"t 6ll_1f YIt7h1B4 �'.a 1, t L� �>✓ 1^i ®r rCSf � L---7 5� if dvC 7 /%5dJ '� Poe . `- GC 9 ? GUgCI_C", 4-o l- 1 -ai s .P ic-dk %.4 es'J-, ' Ail VA L, Please describe your procedures for both Crowd Control and Internal Security: X YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: OYES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. I l i L t i ct i 1 I Crtl C y 11 C_C GC (2- Please describe your Accessibility Plan for access at your event by individuals with disabilities: n-2K �RI, ./ l S 5f 77r=r.J a-L Ks cit- 6L -1 iL.c ,42c %�/t.- 4-c,rt s 4_1',(C. Please provide a detailed description of your PARKING plan: tAJ t= WILL it--s g )s 3-7stJ - C—`f s R) Pl 4,rJ b Plea e describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the vent: c9 C /lie) f i —c C Pt it 0".-) lA3 I f' ,14-4. l am& e—c-f 4 J 4 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. lt-YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages:/OAl f Number of Bands: Type of Music: (J k/ 0 (S 5 (/1-.5 CS "Vi S > C KYES _ NO Will sound amplification be used? If YES, please indicate: Start time: /b c" am/pm Finish Time ! DO asa(pm -*YES _ NO Will sound checks be conducted prior to the event?If YES, please indicate: �%/ Start time: I am/pm(A.:`, CT Finish Time t ,' 0 0 1111fIpm Please describe the sound equipment that will be used for your event: (° :47 c. ,-D 5 Div re I aay ' 1Pg1ilia-}" YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: L y I/ 779' 9.' f Iv► 5 ,j- c R,r/ t w I > '�X R� i7ic S�i47hi�� T// SSE'-t-7'NE r Os yf pc¢ C o u 7- .�,.�, t✓ ci N7°'r ? If YES, please describe: _ NO Any igns, banners, decorat' idrYs, specia�lighti g . y csFz�t y 2 Revised 10/3/01 5 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 BUILDING AND SAFETY DEPT. RECEIVED MAY I 5 2003 NAT/ONAL CITY, CALIF. MEETING DATE ITEM TITLE City ct National City, Cali#arnsa COUNCIL AGENDA STATEMENT June 17, 2003 PREPARED BY 28 AGENDA ITEM NO. TEMPORARY USE PERM11 — ADVAN 1 AUh - D CAR TENT SALE Claudia Caro, Permit Technician 336-4210 (),Building and Safety DEPARTMENT EPLANATIDN This is a request from Advantage Auto Group located at 100 W. 30`h St. to conduct a three day used vehicle tent sale on the parking lot at Sweetwater Square Shopping Center located at 3007 Highland Ave., from Friday, July 11- Sunday, July 13, 2003. The hours of the sale are 9:00 a.m. until 9:00 p.m. This event involves the sale of used cars from National City. X ental R Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account Neo N/A STAFF RECOMMENDATION Approve the Application for a mporary Use Permit subject to compliance with all conditions of approval. BOARD 1 COMMISSION RECOMMENDATION NIA ATTACHMENTS ( Listed Below j Resolution Ncc, Application For A Temporary Use Permit with recommended conditions of approval A-200 (9,30) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Advantage Auto Group EVENT: Used Vehicle Tent Sale DATE OF EVENT: July 11-13, 2003 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ ] SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 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 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittet of is agents, employees or contractors. ,.pure of Applicant Official Title ate For Office Use Only Certificate of Insurance Approved Date 7 10/30/2001 16:36 6196929092 UTAH PACIFIC DEVELOP PAGE 04/04 EOOZ g - Nng 0 AJ333 iaaa Ades arse ONIO1111a AIL mop La Jolla Pacific Development Corp. 2650 Camino Del Rio North Mission Valley,Ca. To Whom it may concern, 4D /4,J-,-t 4 /ZAuto Sales have exclusive rights and permission for use of the parking lot on our property at 30th street and Highland Avenue in National City, Ca. ,specifically for auto tent sales. BUILDING AND SAFETY DEPT. RECEI°'JED JUN - 2 2003 NATIONAL CITY, CALIF. Type of Event: Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Event Title: ,z7/) j//9 6 Event Location: Event Date(s): From Actual Event Hours: Festival Community Circus Block Party Other t.BS:-.<) s r ,� L. y/9a to7 >.3/47) ' Tntal Anticipated Attendance: nth/Day e: ( Participants) ( Spectators) •8c2 0f/pm to J c'c am/ t Setup/assembly/construction Date: Start time: —1 adr/ Please describe the scope of your setup/assembly work (specific details): Dismantle Date: / rV. 03 Completion Time: /, . PR amE 9P List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization:/5'�i,�Ji�i94—m-- Chief Officer of Organization (Name) /3 2f�1p �L / ,/9,:c7ca"54i Applicant (Name): vi f7 Tn Gca�7 Address: /4� ,,,For Profit Not -for -Profit -r$` 5 i /24/7 ej. .9/ s" © Daytime Phone: )jy)/-%/j Evening Phone: »9,V,, 7 Fax:(, ) Contact Person "on site" day of the event: i%2?,r9rt✓✓ P ,e'i2_ Pager/Cellular: 6'/9 — i /' /6' NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofitorganization? YES /NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $I Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. iV6 Lt)//1 5i6Y9 5V4 7% Ole 7dr.- "ea 02 corz PR Ai443-: NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES AO Will items or services be sold at the event? If yes, please describe: YES /10 Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the /YES of travel, and provide a written narrative to explain your route. c/ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 4/YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 3 Sizes /P' ( /D' NOTE: A separate Fire Department permit is required for tents or canopies. YES a/NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: /0811/4 If you intend to cook food in the event area please specify the method: . _ GAS ELECTRIC CHARCOAL OTHER (Specify): ,/tieN > Portable and/or Permanent Toilet Facilities Number of portable toilets: /r (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) V Tables and Chairs ➢l Fencing, barriers and/or barricades ➢1 enerator locations and/or source of electricity ➢r Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures -Vehicles and/or trailers > Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: (A 1, s roc/,..' otsv,, % f dTTcr'(d.'-4 if ( 6mv �� ;? ile', ., e,.V au x„ .w c0,2 at-Sa3wea Please describe your procedures for both Crowd Control and Internal Security: YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES,Z NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and specta.3, s: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. at Please describe�/your Accessibility Plan for access at your event by individuals with disabilities: ia.�.= H.1v iiLr'-77S"i ftk' s s/,a/L Zr2/-1'N 17 I.77ic'�S , /jo Please provide a detailed description of your PARKING plan: J /3.a -Sider/7 i/.9Y.2' %ss IP .d;. d' ' l -" Please describe your plan for DISABLED PARKING: Please describe your plans to notify all residents, businesses and churches impacted by the event: A%fl dreeRo „0` 9:05 . d dm-II 4 %ate V NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES _AO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: — YES b/NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES INO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: thES NO: Any signs, banners, decorations, special lighting? if YES, please describe: oi%i2 : IPA/ >z✓G sJr Paiv5 r-a j Wril/745.es. Revised 10/3/01 5 ek Department Far Office 'Use Only Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 BUILDING AND SAFETY DEPT. RECEIVED JUN - 2 2003 NATIONAL CITY, CALIF. Date Received