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HomeMy WebLinkAbout2003 07-15 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — JULY 15, 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 SPECIAL MEETINGS OF JUNE 10, 2003 AND JULY 1, 2003, THE ADJOURNED MEETINGS OF JUNE 17, 2003, AND JULY 8, 2003, AND THE REGULAR MEETING OF JULY 1, 2003. PUBLIC ORAL COMMUNICATIONS (Three -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 7/15/03 PAGE 2 PRESENTATION Presentation by Bella Heule regarding the San Diego World Trade Center. PROCLAMATIONS Proclaiming June 30, 2003 as: "Multicultural Heritage Awards Day" Proclaiming July 1, 2003 to be: "Master Troy Rawls Day" Proclaiming July 11, 2003 as: "Dr. Benjamin O. Camacho Day" PUBLIC HEARING 1. Public Hearing — Street vacation and Coastal Development Permit for the closing of a 380 foot long section of Harrison Avenue north of 23`d Street. (Applicant: Community Development Commission) (Case File Nos. SC-2003-1/CDP-2003-4) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council.. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. 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) 3. Resolution No. 2003-99 A Resolution of the City Council of the City of National City authorizing the appropriation and expenditure of the California Law Enforcement Equipment Program (C.L.E.E.P.) funds to purchase equipment and upgrade existing systems. (Police) COUNCIL AGENDA 7/15/03 PAGE 3 CONSENT CALENDAR (cont.) 4. Resolution No. 2003-100 A Resolution of the City Council of the City of National City accepting conveyance of real property from Wilfrido and Martha C. Mondragon, directing the recordation of a grant deed for a parcel of land for street purposes at 2221 Van Ness Avenue and dedicating and naming the parcel of land fronting Harbison Avenue as Harbison Avenue. (A.P.N. 558-320-1600) (Public Works/Engineering) 5. Resolution No. 2003-101 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Mills Act Contract for the property located at 926 "A" Avenue in Brick Row. (Applicant: Janice Martinelli) (Case File No.: M-2002-2) (Planning) 6. WARRANT REGISTER NO. 01 (Finance) Ratification of Demands in the amount of $312,399.64. 7. WARRANT REGISTER NO. 02 (Finance) Ratification of Demands in the amount of $2,104,607.85 8. Claim for Damages: Marco A. Basabe (City Clerk) 9. Proposal to convert tennis court to basketball court at Kimball Park and enter into a contract with Zasueta Contracting, Inc. (Parks & Recreation) COUNCIL AGENDA 7/15/03 PAGE 4 NON CONSENT RESOLUTIONS 10. Resolution No. 2003-102 A Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for the. National Public Library to provide an after -school education program. (Library) 11. Resolution No. 2003-103 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a note, a contract for loan guarantee assistance and other applicable documents to secure a $6.9 million loan under Section 108 of the Housing and Community Development Act of 1974, as amended, for the construction of a new main fire station. (Community Development Commission) 12. Resolution No. 2003-104 A Resolution of the City Council of the City of National City creating a mid -year Capital Improvement Project for the design and construction of a new main fire station facility at 16th Street and "D" Avenue, authorizing a disbursement of $700,000 from a HUD Section 108 Loan, and authorizing the Mayor to execute an Agreement with Jeff Katz Architecture to perform consulting services for the design of the new main fire station facility. (Public Works/Engineering) OLD BUSINESS 13. A report of subcommittee on alcohol licenses. (Council initiated) WRITTEN COMMUNICATIONS 14. An appeal to the City Council for "Street Sweeping" signs on Seawind Dr. and Calle Delgado, and Meadow Drive. (Vivanco) (Public Works/Engineering) 15. Request for additional funding for Neighborhood Council Program. (Council initiated) COUNCIL AGENDA 7115/03 PAGE 5 NEW BUSINESS 16. Request the Mayor to appoint a Commissioner to the Heartland Communications Facility Authority Joint Powers Authority. (Fire) 17. Request to use the Martin Luther King, Jr. Community Center by the San Diego Office of Education Juvenile Court and Community Schools and waiver of fees. (Public Works/Engineering) 18. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility on top of the Plaza Bonita Mall. (Applicant: Verizon Wireless) (Case File No.: CUP-2003-13) (Planning) 19. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine at Wal-Mart at 1200 Highland Avenue. (Applicant: Larry Thornburgh for Wal-Mart Stores Incorporated) (Case File No. CUP-2003-12) (Planning) 20. Temporary Use Permit — La Mesa R.V. — Parking Lot Sale & Show. (Building and Safety) 21. Temporary Use Permit — First United Methodist Church Street Fair. (Building & Safety) 22. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) 23. Temporary Use Permit — Request by the Boys & Girls Club for permission to hold their Annual Casino Night and Silent Auction on August 16, 2003 and to sell beer and wine. (Building & Safety) COUNCIL AGENDA 7/15/03 PAGE 6 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Public Employee Performance Evaluation -Government Code Section 54956 Title: Acting City Manager ADJOURNMENT Next Regular City Council Meeting — Tuesday — August 5, 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 ue: t 0 1' 44 P aK w r' Frorriantaticat WHEREAS, The San Diego Business Journal is the region's foremost source for local business news providing the most authoritative and comprehensive coverage for San Diego with reports on the people, events, and companies that shape the San Diego business community. WHEREAS, The San Diego Business Journal functions as a communications, publishing, and broadcasting company regarding the region's business issues. The San Diego Business Journal has taken the proactive approach to celebrate the multicultural landscape of the San Diego region. WHEREAS, The San Diego region is rich in ethnic diversity and therefore it is important to acknowledge the various companies that have a commitment towards multicultural appreciation and understanding in the workplace and the greater San Diego region. WHEREAS, The promotion and awareness of multiculturalism, the acceptance of others, and the strength possessed by the variety of heritages is essential in an increasingly diverse demographic region such as San Diego. WHEREAS, This year commemorates the eighth annual San Diego Business Journal Multicultural Heritage Awards which honors San Diego's most prestigious firms, big and small, for creating an exemplary environment in which cultural diversity is recognized. Therefore, as Mayor of the City of National City, I do hereby proclaim June 30, 2003 as: f 3 "Multicultural Heritage Awards Day" !sf a" .. And call on all its citizens to join the City of National City in recognizing and commending the San Diego Business Journal in establishing the Multicultural Heritage Awards that celebrate the importance of diversity in the workplace and community. Nick Inzunza Mayor f 7 r A .4. " 4 ity ,atiratai City •-c• fraclamation 'I Lisa WHEREAS, Recognizing those who instill positive values in our youth is significant. Role models are important because they are exemplary for youth in the community. WHEREAS, Master Troy Rawls, a Taekwondo instructor, serves as such role model for the community. He teaches Taekwondo as a form of self-defense. WHEREAS, Master Troy Rawls encourages the utmost respect for parents, and emphasizes the importance of education. Furthermore, he contends that his students memorize a set of home rules to put into action at home. WHEREAS, A good role model makes a difference. Besides a Taekwondo instructor for children and youth, Master Troy Rawls also takes the time to teach self-defense and exercise to women and the elderly. WHEREAS, An "Unsung Hero" deserves recognition for the relentless efforts he puts in the lives of children, youth, and adults. Master Troy Rawls contributions to the community make him a leader. Therefore, the Mayor and the City Council of National City, do hereby proclaim July 1, 2003 to be: "Master Troy Rawls Day" And call on all its citizens to join the Mayor and the City Council of the City of National City in recognizing Master Troy Rawls as a positive role model for the City of National City as we thank him for contributing positively to our present and future citizens. k Inzunza Mayor Ron Morrison Coucilman Fideles Ung Councilman A,r it ixf 'atttrttux QIUfit s frorlautation WHEREAS, After years of sewing the wellness and medical needs of the people of the City of National City, Dr. Benjamin O. Camacho, well-educated and with extensive training in Cardiology and Internal Medicine has opened and expanded his clinic at 1625 Sweetwater Road, to better serve the Community of National City, especially the sector of the elderly. WHEREAS, Cardiologist, Dr. Benjamin O. Camacho is also a member of the medical staff of Alvarado Hospital Medical Center, Villaview Community Hospital, University Community Medical Center, Sharp Grossmont Hospital, and Sharp Chula Vista Medical Center. WHEREAS, Dr. Benjamin O. Camacho has a wide -range of memberships such as, Diplomat, American Board of Internal Medicine; Fellow, American College of Physicians; Associate Fellow, American College of Cardiology; Fellow, American Heart Association; Council on Clinical Cardiology; Full Member, American Society of Nuclear Cardiology; Member, American Society of Echocardiography; Member, American Medical Association; Fellow and Diplomatic, Philippine Boards of Internal Medicine and Cardiovascular. Now, therefore, as Mayor and City Council of the City of National City, we do hereby proclaim July 11, 2003 as: "Dr. Benjamin O. Camacho Day" And call on all citizens to recognize the years of medical services Dr. Benjamin O. Camacho has provided to the people of National City Nick Inzunza Mayor Frank Vice Mayor Luis N. ividad Coui man Ron Morrison Councilman Fide es Ungab Councilman 4 City of National City, California COUNCIL. AGENDA STATEMENT EXPLANATION .EETING DATE July 15, 2003 AGENDA ITEM NO. 1 ITEMTITLE PUBLIC HEARING — STREET VACATION AND COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE PREPARED FILE NEOS. SAC-2003-1/CDP-2003-4) 7 DEPARTMENT Roger Pos 6-4310 Planning City Council set the item for public hearing at their June 17, 2003 meeting. The attached background report describes the item in detail. CEnvironmental Review c._ Financial Statement N/A X NiA Negative Declaration 7- ATTACHMENTS ( Listed Below 1 1. Background Report Resolution No. b'r' P 5. Site photographs 8. Application L_____ 2. Recommended Findings 6. Approved Negative Declaration 9. Applicant's Plans 3. Recommended Conditions of Approval and Initial Study (Exhibits A and B) 4. Location Map 7. Departmental and Agency Comments A-200 )9.99) Approved BY: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote: Ayes — Unanimous Background Report The area of street to be closed is the east half of Harrison Avenue north of 23rd Street in the Medium Manufacturing -Coastal Zone (MM-CZ); the west half of Harrison Avenue and the section between the site and 19th Street were vacated many years ago. The 15,200 square foot area, which is 380 feet long and 40 feet wide, is unimproved and pot -holed. There are railroad tracks owned by Burlington Northern Santa Fe (BNSF) running across it, and loading docks, which serve an existing warehouse on the east side of the street, front on it as shown in the attached site photograph. The only vehicular access to it is from Harrison Avenue, since 2314 Street is only one-way in the area. Chula Lumber is located to the north and west of the site, there is an empty warehouse and a warehouse/office building occupied by Motivational Systems Incorporated (MSI) located to the east; MSI also occupies a warehouse to the south across 23`d Street. These uses are all located in the MM-CZ zone. Additionally, there are a few vacant properties further south in the Tourist Commercial -Planned Development -Coastal Zone (CT-PD- ;) zone. If vacated ownership will revert to the abutting property owners, Robert Young and the Community Development Commission (CDC). CDC has entered into a Disposition and Development Agreement (DDA) with Robert Young. As part of the DDA, CDC will transfer ownership of the property they own, which they just recently acquired, to Robert Young to allow MSI to construct its headquarters on the properties adjacent to the site. The development will not occur until after the street has been vacated. The section of Harrison Avenue proposed to be closed is not needed for present public use, since the owners of the only two properties that abut it do not access their properties from it. Also, it does not provide for through travel, since it terminates in the north at a previously vacated section of Harrison Avenue, which is now occupied by Chula Lumber. Additionally, the west portion of Harrison Avenue in the area has also been closed. There does not appear to be any future public need for use of the street, since it only serves as access to properties, which will be held under the ownership of Robert Young/MSI, and right-of-way for BNSF railroad tracks. MSI has indicated, during site plan review, that when they redevelop the properties, they will access them from 23`d Street. BNSF has indicated, in a letter attached to this report, that they do not have any need for the tracks in the area, and that they are presently working on transferring ownership of the tracks to the City. However, BNSF has requested an easement until ownership has transferred. Additionally, the street is not useful for non -motorized transportation, since it is isolated from other streets and pedestrian pathways. The City's Circulation Element of the General Plan does not identify Harrison Avenue as an arterial road or collector street, so the only potential need for the street is to serve as access to those properties adjacent it. As noted above, there is no present or future need for the road by the adjacent properties. Thus, closing Harrison Avenue north of 23`d is consistent with the City's General Plan. Additionally, because the street is isolated, it does not facilitate public access to National City's bayfront, so it is also consistent with the City's Local Coastal Program. CDC conducted environmental review for the previously mentioned MSI redevelopment project, which included this closure of Harrison Avenue, and adopted a Negative Declaration, finding that the project will not have a significant effect on the environment in December 2002. The review included a discussion of potential traffic and water quality impacts. The Negative Declaration and Initial Study are attached to this report. Planning Commission held a public hearing June 2, 2003. There was no public testimony at the hearing. Commissioners voted to recommend approval of the street vacation, since they found no evidence that there is a present or future public need of the section of Harrison Avenue to be closed. Standard conditions of approval have been attached. Additionally, Engineering conditions requiring a grading/drainage plan, 40 feet of sidewalk and curb improvements, pavement repair on 23rd Street, and a sewer/drainage easement prior to vacation have been included Finally, a condition requiring either an easement to BNSF for use/access to the railroad tracks or transfer of ownership of the tracks to the City is included. RECOMMENDED FINDINGS FOR APPROVAL OF THE STREET VACATION 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the area to be vacated is not needed for present or future public transportation uses, since the properties abutting the street in consideration have access to public streets, and since the area serves no other purpose for circulation. 3. That the area to be vacated is not useful as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians, since the street does not allow for through travel, and since the street and sidewalk improvements in the area can be used by pedestrians and bicyclists, and finally since the urbanized, industrial location is inappropriate for equestrian activity. 4. That the vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan does not identify any need for the right-of-way to be used for public purposes. RECOMMENDED FINDINGS FOR APPROVAL OF THE COASTAL DEVELOPMENT PERMIT 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the portion of Harrison Avenue to be closed is not a through street and does not serve as access to National City's bayfront. 3. That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit. 4. That granting of this coastal development permit is' consistent with all other City plans and ordinances, since the General Plan does not identify any need for the right-of-way to be used for public purposes. RECOMMENDED CONDITIONS OF APPROVAL FOR THE STREET VACATION 1. A grading plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain inceptors, 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 Pollution Discharge Elimination System (NPDES) regulations. 2. Street plans showing 40 feet of new sidewalk and curb, prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this development. 4. Pavement repair is required on W. 23rd Street and Harrison Avenue. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 7. A Title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 8. Prior to vacation easements for access to and maintenance of sewer and drainage improvements shall be granted to the City. 9. Prior to vacation easements for access to and use of the railroad tracks in the area shall be granted to BNSF or the ownership of the tracks shall be transferred to the City of National City. Additionally, if the tracks are still owned by BNSF, a BNSF Field Engineer should be notified before the commencement of any work in the area. PROPOSED STREET CLOSING ZONE BOUNDARY LOCATION MAP 380 Foot long by 40 foot wide section of Harrison Avenue north of 23rd Street a tE.Da SC-2003-1/CDP-2003-4 NATIONAL CITY PLANNING DRN. DATE: 5/21/03 INITIAL HEARING: 6/2/03 Site Photograph for SC-2003-1 /CDP-2003-4 View of the eastern portion of Harrison Avenue from the north RESOLUTION NO. 2002-69 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A NEGATIVE DECLARATION TO THE MOTIVATIONAL SYSTEMS INCORPORATED ("ROBERT D. YOUNG") PROJECT WHEREAS, the City Council of the City of National City ("City Council") and the Community Development Commission of the City of National City ("CDC") did duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project (the "Redevelopment Plan"); and, WHEREAS, the CDC is contemplating the approval of a Disposition and Development Agreement ("DDA") with the Motivational Systems Inc. (Robert D. Young") Project for the construction of a 25,000 square foot manufacturing, office and warehouse facility at 2131 Harrison Avenue and 823 W. 23rd Street, within the boundaries of the Redevelopment Plan; and, WHEREAS, a draft Negative Declaration ("ND") was prepared, pursuant to the California Environmental Quality Act ("CEQA") and the guidelines for the implementation of CEQA, for the project proposed above and is attached herewith as Attachment "1"; and WHEREAS, a notice of the availability of the draft ND for public review and comment was published on November 13, 2002 in a newspaper of general circulation; and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation and review of the draft ND has been taken; and, WHEREAS, the CDC has reviewed and considered the draft ND and all comments and responses thereto. WHEREAS, the final ND will consist of the draft ND as revised and supplemented to incorporate all comments received during the public review period and the response of the CDC, if any. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby finds and determines as follows: Section 1. A public review period of 21 days was provided from November 13, 2002 to December 3, 2002 to all interested public agencies and members of the general public to give public comment and/or suggested revisions to the draft ND. Section 2. The CDC hereby certifies that the ND has been completed in compliance with CEQA and the State CEQA guidelines. Section 3. The CDC hereby finds and determines that there is not substantial evidence that the proposed project will have a significant effect on the environment and that the ND reflects the independent judgment and analysis of the CDC based upon the whole record of the ND, including the Initial Study contained therein, any comments received and evidence and testimony received on the draft ND. BE IT FURTHER RESOLVED, that the CDC has reviewed and considered the information contained in the Negative Declaration prepared for the Motivational Systems Inc. project and hereby approves the Negative Declaration. BE IT FURTHER RESOLVED, that the Executive Director of the CDC is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following adoption by the CDC of this resolution adopting the Negative Declaration. PASSED AND ADOPTED this 17th day of December 200�2. ATTE feir Nick Inzu z airman Paul Desrochers, Secretary APPROVED AS TO FORM: George H. Eiser, Ill City -CDC Attorney EXHIBIT A NEGATIVE DECLARATION FOR THE MOTIVATIONAL SYSTEMS INC. PROJECT California Environmental Quality Act Initial Study Community Development Commission of National City 140 E. 12th Street, Suite B National City, California 91950-3312 Telephone (619) 336-4250 Fax (619) 336-4286 Project Title and File No.: MS1 Incorporated Lead Commission: Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Project Contact: Eric Crockett 140 E. l2`' Street, Suite B National City, CA 91950-3312 (619)336-4276 Project Sponsor: Community Development Commission of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619)336-4250 Project Location: The project site is located west of Interstate 5; in the National City West Redevelopment Pro, Area. The site is comprised of two parcels totaling approximately three acres. One parcel is located at 823 W. 23`d Street and the other parcel is located at 2131 Harrison Avenue, at the northeast corner of 23`d Street at Harrison Avenue. The portion of the site that will actually be redeveloped totals approximately one acre. Figure 1 is a Local Vicinity map showing the boundary of the site. Figure 2 is an aerial photograph showing the project site and the surrounding land uses. Project Description: The project developer owns the property at 823 W. 23`d Street. The Community Development Commission of National City proposes to purchase the existing building at 2131 Harrison Avenue, demolish the existing 25,000 square foot manufacturing building and sell the vacant lot to the developer. The developer will construct a new 25,000 square foot building at 2131 Harrison Avenue to include office space and manufacturing facilities for the existing business to continue. The project applicant will also construct a new parking lot with landscaping for employee parking on the property it currently owns at 823 W. 23'd Street. The new building will be a two-story concrete tilt -up structure. The size of the building will not change with the project. The new building will provide more efficient use for the existing office space and the manufacturing facilities. A site plan of the proposed project is shown in Figure 3. Attachment I. Page 1 of21 Source: Thomas Bros. Maps 2003 Figure 1 Local Vicinity Map HARRISON STREET Source: Nadel Architect, Inc. Figure 3 Site Plan General Plan Designation: The City of National City General Plan land use designation for the site is Medium Manufacturing (MM). Zoning Designation: The City of National City zoning designation for the site is Medium Manufacturing (MM). Other public agencies whose approval is required (e.g. permits, financing approval, participation agreement): The Community Development Commission of National City is the only agency whose approval is required for the proposed project. Page 5 of 21 h.tdVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Public Services ❑ Hydrology/Water Quality [] Recreation ❑ Land Use/Planning ❑ Transportation/Traffic M• ineral Resources ❑ Utilities/Service Systems ❑ N• oise ❑ Mandatory Findings ❑ Population/Housing DETERMINATION: On the basis of this evaluation: I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION would be prepared. 1 find that although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared. I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Eric Crockett -.viewed by: Department Representative: Economic Dev. Commission Date: November 11, 2002 Pag,e6of21 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact I. AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ N b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic Elhighway? CI D at c) Substantially degrade the existing visual character or quality of the site and its surroundings? 4 d) Create a new source of substantial light or glace that would adversely affect day or nighttime views in the area? ❑ CI a El IL AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the ❑ California Resources Commission, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature could result in conversion of farmland to non-agricultural use? III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? III El 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ❑ c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? El IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the ❑ U.S. Fish and Wildlife Service? El ❑ b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and El or the U.S. Fish and Wildlife Service? IA❑ c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, �] filling, hydrological interruption, or other means? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Environmental Factors Potentially Significant Unless Less than SigPotentiallySignificant nifcantt Mitigation g Im , act Incor, orated Im • act IV. BIOLOGICAL RESOURCES (cont.): Would the project: d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife 0 nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? El fl ConConflict servatiwith the provisions of an on Plan, Natural Community ed conservation Plan, or 0 other approved local, regional or state habitat conservation plan? 0 V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an ® 0 ■ historical resource as defined in § 15064.5? CI® ■ b) Cause a substantial adverse change in the significance of an 5064.5? archaeological resource as oydea uniquened rn l alleontological resource or CI ■ c) Directly or indirectly destroyP El 0 Site or unique geologic feature? CI Disturb any human remains, including those interred outside ® CI of formal cemeteries? VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other ® ■ substantial evidence of a known fault? (Refer to Division CI 0 ■ of Mines and Geology Special Publication 42.) CI❑ CI i ii) Strong seismic ground shaking? 0 iii) Seismic -related ground failure, including liquefaction?. iv) Landslides? iii 0 b) Result in substantial soil erosion or loss of topsoil? c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the the site? CI 0 ■ Uniform Building Code (1994), creating substantial risks to life or 0 e) Have soils incapable of adequately supporting the use of septic tanks CI ❑ mi or alternative wastewater disposal systems where sewers are not IA available for the disposal of wastewater? VII_ HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through ❑ ❑ the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through ❑ reasonably foreseeable upset and accident conditions involving the ❑ ❑IN release of hazardous materials into the environment? No Im act Page 8 of 21 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS (cont.): Would the project: c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a Site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, would create a significant hazard to the public or environment? e) For a project located within an airport land use purr, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? g) Create a significant hazard to the public or the environment through the presence or release of methane gas? VIII_ HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or. death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche or mudflow? ❑ ❑ ❑ Mt ❑ ❑ ❑ nif ❑ ❑ ❑ mi El ❑ ❑ ITA, ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ 0 0 ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ x ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ ❑ Pauo q of 71 Environmental Factors IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted ❑ ❑ for the purpose of avoiding or mitigation an environmental effect? ❑ c) Conflict with any applicable habitat conservation plan or natural ❑ CI community conservation plan? a X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific ❑ ❑ Elplan or other land use plan? XL NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or ❑ CI gm ❑ applicable standards of other agencies? o) Exposure of person to or generation of excessive ground borne 0 ❑ vibration or ground borne noise levels? ❑ c) A substantial permanent increase in ambient noise levels in the ❑ project vicinity above levels existing without the project? ❑ x CI d) A substantial temporary or periodic increase in ambient noise levels 0 in the project vicinity above levels existing without the project? 0 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project ® ❑ ❑ ■ area to excessive noise levels? XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for ❑ ❑ example through extension of roads or other infrastructure)? ❑ b) Displace substantial numbers of existing housing, necessitating the CI ❑ construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ 0 construction of replacement housing elsewhere? El XHI. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? lii) Schools? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ 0 0 ■ ❑ O u ■ Page 10 of21 Environmental Factors iv) Parks? v) Other public facilities? XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ifianagement Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? I) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? c) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. ENERGY: Would the project: Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ W ❑ ❑ ❑ ❑ ❑ ❑ N El El x ❑ ❑ NJ ❑ El ❑ El ❑ ❑ ❑ ❑ ❑ El ❑ ❑ O ❑ ❑ ❑ ❑ ❑ ❑ ❑ El a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? ❑ El El b) Conflict with existing energy standards? ❑ ❑ ❑ XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife ❑ ❑ ❑ p. Page I 1 of 21 Environmental Factors species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or r eab id the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects-) c) Does the project have environmental effects #tat would cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ 1♦ Page 12 of 21 Explanation of Checklist Responses L AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact. The project would result in the demolition of the existing building to allow construction of a new building adjacent to and north of the current building. The new building is proposed to be -a concrete tilt -up two-story building approximately 25,000 square feet in size. The building will include office space and manufacturing facilities. A new surface parking lot will be provided in place of the existing building. Landscaping will be provided in the setback area along 23`d Street as required by the City of National City Design Guidelines. The landscaping will include a three-tier system including grass and ground cover, shrubs and trees. The landscaping will buffer the new building and surface parking lot from the surrounding uses in the area and improve the aesthetics of the site. The removal of the existing building and construction of the new structure will have positive aesthetic impacts for the area. Many. of the existing building in the project vicinity are older in architecture and design. The proposed building will significantly enhance the aesthetics of the area and possibly encourage other €few development The project is located in an industrial area with single and multi -story industrial buildings. Presently there is minimal landscaping on the site. The landscaping would buffer the project from the surrounding properties and improve the aesthetics of the site. The incorporation of all applicable City design requirements will improve the existing aesthetic of the property and have positive aesthetic impacts. Overall, the project is anticipated to improve the aesthetics of the existing property by removing the existing older structure on the site and replacing it with a new building that meets the City of National City design guidelines. Landscaping and other site improvements in compliance with city guidelines will improve the aesthetics of the site. The project will not have any significant aesthetic impacts and overall the project would have positive aesthetic impacts to the area. b) Subs'^ntially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no known scenic resources such as trees, rocks outcroppings or historic buildings on the site. There are no streets adjacent to the site, or in the immediate vicinity of the site that are designated as a state scenic highway. Thus, the project wmad not impact a state scenic highway. Since there are no scenic resources on the site or state scenic highways in the project vicinity, no s resource impacts would occur with development of the project c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The City of National City has design guidelines that will apply to the project. The project will be developed consistent with and in compliance with the Industrial Design Guidelines. The design guidelines do not impose a particular architectural theme or style, but rather promote quality development, which will be an asset to the City. The design guidelines provide general guidelines for all industrial development as well as guidelines for infill industrial projects on small lots in mixed use neighborhoods. Some of the desirable elements of the design guidelines the project will have to be met and incorporated into the project include a variety of building indentations and architectural details, building entry accentuation, screening of equipment and storage areas, and landscaping to soften building exteriors and buffer between uses. The guidelines also provide information regarding the types of building forms, roofs, styles, materials, colors, etc. are acceptable. The construction of a new building that meets the design guidelines will have a positive impact on the visual character of the area. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Less Than Significant Impact. The project will create new sources of light and glare with construction of the new building. There will be lights associated with the interior and exterior of the building for safety and security purposes. There will also be new lights in the parking lot The new building may generate more light than the existing building due to the requirement by the city to provide safety and security lighting. Although the project may generate more light than the existing building there are no light sensitive land uses either adjacent to or in the immediate project vicinity that will be impacted, The City of National City Building Department will review the building plans prior to the issuance of building permits for compliance with the city requirements that project lighting shall not extend off -site_ Because the project is located in an industrial area and there are no light sensitive land uses in the immediate vicinity, the project is not anticipated to have any significant lighting impacts. The new building may generate some glare from windows and metal finishes. o is not anticipated to have any glare impacts. The glare that may occur is not anticipated to significantly impact any uses in the area. The project is located in an industrial area and the glare that will be generated by the project is not anticipated to significantly impact any existing industrial uses in the area. Because there are no light or glare sensitive land uses such as residences, hospitals, senior care facilities or libraries in the project ""''ty the project is not anticipated to have any light or glare impacts. Page 13 of21 II. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? No Impact. The site is developed and there are no agricultural uses either on the site or in the vicinity. The project will not have any agricultural resource impacts. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see a) above. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? No Impact. Please see a) above. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The project will not generate any more long- term air emissions than are presently generatedtbecause the size of the project will not increase. There will be short-term air emissions generated during the demolition of the existing building and construction of the new building and parking lot. The short-term air emissions will include dust during demolition of the building, grading and the movement of equipment on the dirt and construction exhaust emissions. Due to the small scale of the project the short -tern air emissions will be insignificant and not conflict or obstruct the air quality plan for the area. The project will be required to incorporate all applicable measures required by the San Diego Air Pollution Control District to reduce dust and exhaust emissions during construction. After project completion the long-term air emissions of employee automobiles, delivery truck emissions, etc. will not be any greater than presently. The project will not have any significant air emission impacts. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The project will generate air emissions locally during both the short-term construction period and the long-term operations of the business. The project will not violate any adopted air quality standards or contribute to an existing or projected air quality violation because the project will not generate any more long-term air emissions than the existing use because the proposed building will be larger than the existing building. The same number of people currently employed will be employed at the new building. Therefore, no additional vehicle trips or increase in air emissions_ The project will not exceed air quality standards. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? No Impact The size of the new building will be the same as the existing building. The project will not generate more air emissions by employees commuting to and from the site, trucks delivering goods to the site, the off -site generation of electricity, etc. The project will be required to incorporate all applicable energy conservation measures by the San Diego Air Pollution Control District to reduce air emissions and there will be no significant air emission impacts. d) Expose sensitive receptors to substantial. pollutant concentrations? No Impact. The project will not generate any more air emissions than the present use on the site and will not expose a sensitive receptor to substantial pollutant concentrations. e) Create objectionable odors affecting a substantial number of people? No Impact. The project will not generate any new odors that are not presently generated at the site. There are no known objectionable odors that will be generated by the project. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The site is developed and there are no fish, wildlife, or plant species on the site or in the immediate vicinity of the site. The project will not have any biological resource impacts. b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, pollicies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. See response to a) above. c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. See response to a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. See response to a) above. Page 14 of 21 e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. See response to a) above. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. See response to a) above. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in §15064.5? No Impact There are no buildings on the site that could be considered a historical resource as defined in Section 15064.5 of the California Environmental Quality Act In addition, a review of the City of National City General Plan does not identify any historical buildings in this area of the city. None of the buildings on the site are candidates as a historical resource. The project will not have any historical resource impacts. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §I5064.5? No Impact See Response to a) above. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. See Response to a) above. d) Disturb any human remains, including those interred outside offormal cemeteries? No Impact See Response to a) above. Vi. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: .i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault zoning map Issued- k, the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines Geology Special Publication 42.) No Impact. Based on information in the City of National City General Plan and the Califon.... Geological Survey there are no known faults either on or adjacent to the site. However, there are several faults in the general area that could impact the project. The Sweetwater Fault extends through the eastern edge of the City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults could have devastating effects on the City and other areas of San Diego County. The Region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto and San Andreas, and suitable precautions should be practiced'. Development plans for the site will be approved by the City_ As part of the approval process the city will require the incorporation of all applicable measures to protect people and structures from the rupture of earthquake faults that could impact the project. The city will require a geotechnical study that will have to be submitted along with grading and building plans. The City will require the project developer to incorporate the measures that are listed in the geotechnical report to mitigate potential rupture impacts to the building. At this time there is no information that indicates the site will be impacted due to an earthquake to any greater level than other development in the area. The incorporation of all applicable earthquake safety features required by the Uniform Building Code and other City regulations will reduce potential risks to less than significant. ii) Strong seismic ground shaking? No Impact. Based on information in the City of National City General Plan there are faults in the region that could cause ground shaking at the site. Construction of the new building will not expose people or structures to a greater amount of ground shaking than presently occurs at the site. The building will be required to provide all earthquake construction measures and hardware as required by the Uniform Building Code to reduce ground shaking impacts. The incorporation of all applicable earthquake and seismic hardware will minimize seismic impacts to less than significant levels_ iii) Seismic -related ground failure, including liquefaction? Less Than Significant Impact The project is located in an area where the ground water is typically within 30 feet of the surface. The building could be subject to liquefaction, but it will not be subject to any greater impact than presently exist to the existing structure. The city require the incorporation of standard liquefaction prevention measures into the project to minimize liquefaction, if required. The measures that will be incorporated will include those that are typically required throughout the city where liquefaction exist. Any liquefaction potential that could impact the project can be mitigated with standard measures that are acceptable to the geotechnical community to reduce and minimize liquefaction. The project will not be significantly impacted by liquefaction or any other seismic -related ground failure. iv) Landslides? No Impact. The site and the area surrounding the site are basically flat. There are no hillsides or other lanr'- s that could impact the site due to landslides. ° City of National City General Plan, approved September 10, 1996, page 18. b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. Bare soil will be exposed during demolition of the existing building and construction of the new building and parking lot. Soil erosion could occur if construction occurs during the winter months, when rainfall typically occurs. The incorporation of all applicable soil erosion prevention measures that are required of all projects by the city will minimize' soil erosion. The building department will identify the soil erosion protection measures that will have to be incorporated into the project during and after the construction phase to reduce soil erosion. c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. The City of National City General Plan does not identify any geologic conditions either on the site or within the immediate project area that could impact the proposed project The building plans will be reviewed for geologic impacts when the plans are submitted for approval. If potential geologic impacts are identified additional studies or measures to mitigate the conditions prior to or in conjunction with construction of the building will be required. The proposed building will not be subject or exposed to any new or additional unstable soil conditions than the existing building. Since the existing building has existed for many years without structural damage due to geologic impacts it is anticipated the proposed building will also not be significantly impacted by unstable geological conditions. d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or the site? No Impact. The City of National City (heral Plan does not identify any expansive soil either on the site or in the vicinity. Building plans will be reviewed for expansive soil when they are submitted for approval. Measures will be incorporated into the project at that time to reduce expansive soil impacts, if required. Since there are no expansive soils known to exist either on the site or in the area, no expansive soil impacts are anticipated. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The City of National City requires all new development to connect with the public sewer system. Therefore, no septic tanks will be allowed to be constructed. VII. HAZARDS AND HAZARDOUS MATERIALS: Would the projer* a) Create a significant hazard to the public or the environment through the routine transport; use, or disposal of hazardous materials? Less Than Significant Impact_ A phase I analysis was conducted by Environmental Business Solutions, Inc 2 A copy of the Phase I study is available for review at the Community Development Commission of National City. The Phase I analysis states that based on observations and research, with the possible exceptions of the former USTs (underground storage tanks) and septic systems, there is a low likelihood that a recognized environmental condition exists at the site as a result of the current site land uses. With the possible exception of the reported and known releases of petroleum products at the National City Transfer and Storage Company at 2150 McKinley Avenue and the former vacant lot (currently redeveloped as the Motivational Systems, Inc. parking lot) at 2200 Cleveland Avenue, there is a low likelihood that a recognized environmental condition exist at the site as a result of known and reported releases of hazardous material/waste or petroleum products from an off -site source. In addition, the Phase I analysis states that there is the potential for a recognized environmental condition to be present on the site as a result of the site vicinity land uses. Further on -site investigations will have to be undertaken to determine whether or not any surrounding land uses have impacted the site from a hazardous standpoint. Based on the information in the Phase I study it does not appear that there are any significant hazardous issues associated with development of the project as proposed. Should hazardous materials such' as stained soil, odors, uncovering of underground tanks, etc. be discovered during project demolition, grading and construction, all construction activity shall cease immediately until the City determines whether or not the materials are hazardous_ Any hazardous materials that are discovered will have to be protected, removed, remediated, etc. in compliance with all applicable Federal, State and local regulations and laws before construction activity can continue. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact Based on the information provided in the Phase I study the development of the site as proposed will not have any significant hazardous impacts to the public or the environment. c) .Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. The closest school to the project site is Kimball Elementary School, which is located along I r Street approximately one mile east of the project site, east of Interstate 5. The project is not within one -quarter mile of an existing school_ The District does not have any plans to construct a new school west of Interstate 5 or within one -quarter mile of the site. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or environment? No Impact. The project site is not included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. 2 Phase I Environmental Site Assessment (Assessment) 2142 Cleveland Avenue and 2131 Harrison Avenue (Assessor's Parcel Numbers IAPNs) 559- 116-02, -03, -04, -05, and - 16), National City, California (Site), September 7, 2001_ Page 16 of 21 e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? No Impact. The project site is not located within the boundary of an airport land use plan or within two miles of a public airport The closest airport to the site is the San Diego International Airport, which is approximately seven miles northwest of the site. f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No Impact. The City of National City does not identify any adopted emergency response or emergency evacuation plans that include the project site. Therefore, the project will not impact or interfere with the implementation of any City adopted evacuation plans. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact The Phase I study did not identify any methane gas on the site. Thus, the project is not anticipated to emit or release methane gas. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. The project is not anticipated to violate water quality standards or waste discharge requirements during project demolition, grading and construction. If demolition and construction occur during the winter months, storm water runoff could carry sediment from the site. The sediment could be deposited in the adjacent streets and storm water collection system and discharged into the ocean since the San Diego Bay is close to the site. The City has measures that will be required to be incorporated into the project during both the construction period as well as the life of the project to control surface water runoff and minimize sediment being deposited off -site. The project developer will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) that includes Best Management Practices (BMP's). The SWPPP will be submitted to the City for review prior to the start of demolition. The BMP's will be required to be installed prior to the start of demolition to reduce sediments and other materials from being carried off -site and discharged into the local storm drain system. Some of the BMP's that will be incorporated into the project include sandbags an.. possibly silt curtains around the project perimeter to prevent sediments and other debris from enteringthe local storm water collection system_ The BMP's will contain and slow surface water so that the sediment in the water is either filtered or allowed to settle out before the water is discharged from the site. In addition there may be other BMP's that are required to be incorporated into the project by the City to reduce sediments from b' discharged from the site. Tire BMP's will have to be maintained throughout the entire project construction period. The SWPPP may. include long-term BMP's that will have to be maintained throughout the life of the project to meet water quality discharge requirements. The City will require the installation of BMP's to mitigate impacts to water quality in compliance with all applicable water quality rules and regulations. Tire project is not anticipated to have any significant water quality impacts with the incorporation of all applicable BMP's. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (eg., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Less Than Significant Impact. There are no existing water wells on the site. The project will be required to connect to the public water distribution system for water for drinking, flushing toilets and fire flow. There is an existing water main in the street adjacent to the site that can provide water to the site. While the project will consume water for uses such as drinking, landscape irrigation, flushing toilets, etc., none of the uses are considered to be large users of water based on the relatively small size of the project The project will consume water, but not at levels that will substantially deplete groundwater supplies or interfere with groundwater recharge. The existing use on the site does not consume a large quantity of water and the proposed project will not consume large quantities of water. The project may actually consume less water than presently with the requirement to install low water consumption fixtures_ No water wells will be drilled to serve the project. The existing water supplies that serve the site are adequate to provide water for consumption and fire flow without any significant groundwater supply impacts. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? Less Than Significant Impact. The project will generate surface water runoff that will be discharged into the local storm water collection system. The amount of surface water that will be generated from the site will not be any greater than the quantity presently generated because the proposed building is the same size and footprint as the existing building. The amount of surface water could actually be less due to the amount of additional landscape area that will be required compared to the existing condition. Thus, the project will not substantially alter the existing drainage patterns or substantially increase erosion or siltation. The City will require the preparation of a Storm Water Pollution Prevention Plan (SWPPP) that will have to be reviewed by the City of National City Public Works Department prior to the start of demolition, grading, or construction. The SWPPP will include Best Management Practices (BMP's) that will be incorporated into the project both during project grading and construction and after praiect development to reduce soil erosion impacts. The City will require the project developer to construct and maintain all applicable' s during project construction and throughout the life of the project, as applicable, to reduce and minimize soil erosion. The implemen.... of a SWPPP will significantly reduce and mitigation any significant soil erosion impacts of the project. Page 17 of21 The project will not change or alter the course or flow of any stream or river. All surface water runoff will be collected and discharged into an existing storm drain collection system that serves the site and not impact any watercourses. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -Site? Less Than Significant Impact. Please see response c) above. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. There will be surface water runoff generated directly from the site. The runoff that will be generated after development is not anticipated to significantly impact the local storm water system because the proposed building is the same size as the existing building and the project will not significantly increase the amount of surface water runoff, if any. j) Otherwise substantially degrade water quality? Less Than Significant Impact. The project developer will be required to prepare and implement a SWPPP, which will reduce and minimize surface water quality impacts. The project is not anticipated to degrade water quality or have any significant water quality impacts. g) Place housing within a I00 yearflood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact The project does not propose to construct any housing, thus the project will not place housing in a 100-year flood hazard. h) Place within a I00-year flood hazard area structures that would impede or redirect flood flows? No Impact. Please see g) above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact_ The site is not located within a dam inundation area and there are no levees that will flood the site should they fail. No people or structures will be exposed to significant risk of loss, injury or death involving flooding due to the project. Inundation by seiche or mudflow? No Impact. There are no large bodies of water that will impact the site due to a seiche. The project site is located in an area that is basically flat. There are no hillsides in the project vicinity that will impact the site due to a mudflow. The project will not be impacted by either a seiche or mudflow. j) IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The project site is owned by one entity and there is a building that houses a manufacturing business. The project will not divide an established community. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? No Impact The uses proposed for the site are consistent with the existing manufacturing land use and zoning designation for the property. The proposed use will not conflict with or have any significant land use impacts with the surrounding land uses in the area. The project will not have any conflicts with applicable land use plans or policies. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. See response in Section IV f) above. X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The City of National City General Plan does not identify any known mineral resources on the site. The project will not result in the loss of any known minerals that are of value to the region or the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see response a) above. Xl. NOISE: Would the project result in: a) Erfios`ure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Less Than Significant Impact. The project will not generate noise levels that will exceed the city noise ordinance. There will be noise associated with the demolition of the existing building and construction of the new building and parking lot. The operation of some of the demolition and construction equipment could have short-term noise impacts to area businesses Page 18 of 21 that are closest to the site, However, all construction activity must comply with the City noise ordinance. The long-term noise impacts will not be any greater than the noise that is presently generated on the site. The same use that operates on the site presently will continue upon construction of the new building. Some noise levels could decrease with construction of a new building due to new and improved building and insulation materials that could attenuate noise levels. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. There will be vibration during project demolition, grading and construction from the operation of construction equipment. Once the project is constructed the vibration and ground borne noise levels will cease. The vibration and ground borne noise that will occur during construction are not anticipated to be significant or excessive and significantly impact employees in the immediate vicinity of the site because all construction noise will have to comply with the City noise ordinance. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The project will not increase long-term noise levels. The existing business on the site will continue to operate in the new building once it is constructed. The business is not anticipated to substantially increase the ambient noise level in the project vicinity because the same manufacturing activity will continue and the new building will have better construction materials and insulation than the existing building, which will attenuate noi. The noise generated by the project will have to meet and comply with the City noise ordinance, which restricts the noise level that can be generated by the manufacturing facility. Compliance with the noise ordinance will - restrict and minimize noise impacts. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. Please see Response a) above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within iwo miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project site is not located within an adopted airport land use plan. The San Diego International Airport is the closest airport to the site and is located seven miles northwest of the site. The project will not expose people to excessive noise levels of an airport. XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? No Impact The project will not directly or indirectly induce a growth in the population. The same number of people that are currently employed at the site will work at the site once the news building is constructed and the business is back in operation. The business owner does not anticipate hiring any more people than are presently employed at the site. The project will not induce a substantial population growth in National City or any surrounding community. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. There are no houses on the site. The project will not require the displacement of any housing that will need to be constructed elsewhere. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response b) above. XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? No Impact. The project will not require fire protection services greater than the current demand by the existing use on the site. The new building will be required to provide fire sprinklers and other current fire protection measures as required by the building and fire codes. The construction of all mandated fire protection measures will minimize the impacts on the fire department and could reduce fire protection services with the construction of the new building that includes current fire suppression equipment. The project is not anticipated to have any significant fire protection impacts. Police protection? No Impact. The project is not anticipated to require police protection services greater than required by the existing use. The construction of a new building will include safety hardware, security lighting, etc. that are required by the building code. The incorporation of new and improved security measures will reduce service calls for police protection and have a positive impact for the police department. The incorporation of all police protection measures will minimize impact he police police department The project is not anticipated to have any significant police protection impacts. Schools? No Impact. The project will not generate students to area schools. The construction of a new building to replace the existing building will not generate students. The project developer will be required to pay a student impact fee of $0.14 per T>nna IQnf7I square foot for any additional square footage in addition to the existing square footage that exist. The National School District will review the site plan to determine if there is any school impact fee required, and if so, the fee would have to be paid prior to the issuance of a building permit by the City. The payment of any student impact fee will mitigate any potential student impact to the National School District and its schools by the project. Parks? No Impact. The project will not require the need for new parks or the expansion of existing park facilities. The people that will be employed at the site will not impact the existing parks in the project area or the City of National City due to increased use. Other public facilities? No Impact. There are no additional public facilities that will be impacted by the project. - XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact. The project will upt cause an increase in traffic. The project includes the construction of a new building to replace the existing building. The square footage and use of the new building will not be greater than the existing building and the use will not change, thus no increase in traffic. The traffic associated with the new building will be the same as the amount of traffic generated by the existing use. There will be increased traffic in the immediate project vicinity during project construction. There will be truck traffic during demolition of the existing building to haul building debris from the site. There will also be traffic during construction due to workers commuting to the work site, trucks delivering equipment and materials to the site, building inspectors visiting the site, etc. Once the project is completed the construction traffic will cease. The construction traffic is not anticipated to cause any significant traffic impacts due to the relatively small size of the building. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management commission for designated roads or highways? No Impact. The project will not generate traffic that will exceed individually or cumulatively the level of service established for the local roadways that serve the site. The project will not generate any more traffic than the current use on the site. The existing circulation system has capacity to handle the traffic that is generated by the current use on the site and it will be adequate to serve the traffic that will be generated after the new building is constructed and occupied- The project will not have any individual or cumulative impacts. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. There are no airports within seven miles of the site, thus the project will not impact air traffic patterns at any airport. The closest airport is San Diego International Airport, which is located approximately seven miles northwest of the site. The project will not impact air traffic patterns at the San Diego internationa► Airport. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The project will be served by the existing circulation system that is adjacent to the site and the project will not require the design or construction of any new curves or intersections. The existing intersections and circulation system will serve the traffic needs of the project. e) Result in inadequate emergency access? No Impact. The project will provide adequate emergency access as required by the police and fire departments. The site plan will be reviewed by the police and fire departments to make sum suitable emergency access is provided before building permits are issued. f) Result in inadequate parking capacity? No Impact. The project will be required to provide adequate parking as required by the city's parking code. Conflict with adapted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project will be required to provide any and all alternative transportation measures that may be required by the city, including bicycle racks. g) XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a)"' P2 Geed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project will not generate any more wastewater to the area wastewater treatment plant than presently generated. The project will not increase the number of people currently employed and therefore there will not be an increase in the amount of wastewater generated by the project. The new building will be required to install low-water consuming fixtures. The project could reduce the amount of wastewater presently generated from the site 'with the installation of low-water fixtures resulting in positive impacts to the wastewater collection and treatment system. Page 20 of 21 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. Please refer to a) above. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact The project will require the construction of on -site facilities to collect and discharge surface water runoff into the local storm drain system. The existing storm water collection system that currently serves the site has capacity to handle the surface water that will be generated from the site without requiring the construction of new facilities or expanding existing facilities. The project will not have any significant impacts to the existing storm water drainage system that serves the site because the project is not anticipated to generate any more surface water than presently generated. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact The project will consume water for drinking, flushing toilets, fire flow, landscape irrigation, etc. The city has an existing water main in Cleveland Street that provides water to the site and will continue to serve the proposed project There is an adequate supply of water to serve the project without the need to find new or expand existing resources. The project will be required to incorporate all applicable water conservation measures, which will reduce water consumption over the existing condition. The project will not impact water supplies. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact The project will not have any impacts to the San Diego Metropolitan Wastewater Department and their ability to provide wastewater treatment services for the project The project will not require the San Diego Wastewater Department to increase or expand the capacity of any trunk lines or the treatment plant to adequately serve the project. J) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The project will generate solid waste that will have be collected and taken to a landfill. The project will not venerate any more solid waste than the ex::,ting use and will not significantly impact the life expectancy of the landfill that serves the project presently. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact The project will comply with . . applicable federal, state and local statues and regulations related to solid waste. The project will not result in any activities that will generate solid waste and impact solid waste regulations or statues. XVI. ENERGY: Will the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a will -serve letter from the appropriate energy provider? No Impact. The existing use on the site consumes energy to light and heat the building, operate equipment, etc. The new building will also consume energy to operate lights, office equipment, machinery, etc. The new building may consume less energy overall due to the energy efficient light fixtures that will be installed. Overall the project is not expected to consume any more energy than presently and is likely to consume less energy than presently consumed by the use on the site. b) Conflict with existing energy standards? No Impact. Please see Response a) above. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project will not impact fish or wildlife populations because there are no fish or wildlife species or habitat on the site. The site is completely developed and located in an area that is developed with industrial and manufacturing facilities. There are no biological resources adjacent to or in the immediate project vicinity that will be impacted by the project. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact. The project will not have any impacts that will cumulatively be considerable. The project will have some short-term impacts such as noise and air emissions during project grading and construction but they will be individually limited and together will not be cumulatively considerable. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? No Impact. There are no aspects of the project that will have environmental effects that will cause substantial adverse effects. The project will have short-term impacts such as noise, aesthetics, and air quality emissions during project demolition and construction with the operation of construction equipment, but they will not cause substantial adverse effects. These short-term impacts will cease upon project completion. rp 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 THE REVIEW OF HARRISON AVENUE STREET VACATION NORTH OF 23" STREET Date: May 20, 2003 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, ssistant Director of Public Works/Engineering Subject: HARRISON AVENUE STREET VACATION NORTH OF 23RD STREET 1. A grading plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. 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 Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 2. Separate street plans showing new sidewalk (40') and curb (40'), prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 4. A sewer and drainage easement shall be granted to the City. Recycled Paper Planning Depattment May 20, 2003 Page 2 5. Pavement repair shall be required on 23rd Street and Harrison Avenue for smooth transition. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 7. A cost estimate shall be submitted with the plans A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street 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 is subject to adjustment. 8 A title report shall be submitted to the Engineering Department , after Planning Commission approval, for review of all existing easements and the ownership at the property. AL:jha harrison 971 ONTACT: %GENCY: CITY OF NAWNAL CITY ADPI HOSKINSON 1343613 CENTRAL OFFICE: ti I 243 MAMMAL Cr BLVD. NATONAL CITY CA 91950 AREA GOVr LINSON (3E0 CO: ROUTE ADMR,ISTRATOR P RA, TEL NO. U.MCIPALMI OR i,t'4U7HORCPC NADONAL CITY PLANNING DEPT GPNCY REF: ROJECT: r SC-2003-1/CDP-2003-4 STREET VACATiON CO UAL DEVEL.nljENIT DCATQN-: -10 MAS HARRISON AVE NO. OF 23RO ST VARIOUS tAMDTiRCROUND miccinas FOUND EN TNE AREA L,',5cAnows OF FACILMr.S SHOWN OM ATTACHED MAPS ARE SUBJECT 10 Fran VERIFICATION. NG LeAsurf os ASSUMED tY PACIFIC BELL d MS TO ACCURACY OF LOCATION OF FACUTIES. PLEASE CALL 140E- 42Z-03a 48 HOURS IN ADVANCE OF ANY GRADING OR EXCAVATION IN THE VICINITY CONTACT: HOGHLAND M329 JAN SAA,CSON 619-266-4707 If ED KRUSE a. cc 0 FAGENCY DEVGN T---- 1 ENGLINEER: 4 P107 PACIFIC SELL FACILITIES ON IMPROVEMENT PLANS. VERIFY A UNDERGROIJNIO FACILITIES IN THE AREA. IF YOUR AGENCY OESIRE: A 'CONFLICT'6 NECK PLEASE ADD OUR FACILITIES TO YOUR DRAWINGS & RETURN PRELIMINARY PLANS TO PACIFIC BELL. COMMENTS: , H.1 . i'f I 1, I &F EXISTING TELCO IN AREA, CONTRACTOR SHOULC LOCATE AND PROTECT IN PLACE. PRO C ESE.D '!I .--(.I[` 1: 1,7 ' '•( [. 0 I ,I 11 . , • -I I 1Y, ("111 4', a1) lowFlffir, IA7;2,1 !.• �... `.cis.`. y•. • u� YI \JI I JI L. e'., r r\UJ C\. I O JJ7 JOO . 4'd (7 t J O LOI7JJDL ROHE.RT E. BRENnZA Dewier Fsality DBte/oprymi May 28, 2003 Mr. Andrew Hoskinson City of National City Planning Department 1243 National City Blvd. National City, CA 91950-4397 Re: Harrison Avenue Dear Mr. Hoskinson: The Burlington Northern and Santa Fe Rm7mey Cowpony 740 lust Camcgie Drive San Bcn xdino, CA 924O83571 Phone: (909) 386-4042 F,c (909) 3864045 E-mall: F44al3rrn41ar BNSl .cow I am in receipt of the information provided in your facsimile dated May 22, 2003. As you are aware, the Burlington Northern and Santa Fe Railway Company (BNSF) is in the process of preparing a quitclaim of certain property located within Harrison Avenue north of 241h Street in National City, California to the City of National City, pursuant to the terms of the Memorandum of Understanding (MOU) by and between BSNF and the City of National City dated April 1, 1997. It is my understanding that redevelopment activities associated with the proposed vacation of Harrison Avenue may require that City of National City representatives and/or contractors or agents be provided access to the property as described in the attached print. The City of National City was provided an easement deed dated November 9, 1999 from BNSF (Easement Deed). In the event that access to the property is required prior to the completion of the quitclaim of property by BNSF to the City of National City, the City of National City and its contractor(s), for either the construction or maintenance work on the highway within any easement area, shall be required to comply with the terms and conditions of the Easement Deed, includi g indemnification of BNSF and provision of applicable insurance coverages. A copy of the Easement Deed is attached for your reference. The City of National City, its contractor(s) and/or agents, shall not be allowed to place or permit to be placed, or to remain, any material, structure, pole, or other obstruction within Twenty (20) feet laterally of the center line of a main track or within Fifteen (15) feet laterally of the center line of any other track, or within Twenty seven (27) feet vertically from the top of rails of any track located on or adjacent to the property. In addition, the City of National. City should notify Mr_ Greg Rousseau, BNSF Field Engineer at (909) 386-4079 prior to the commencement of work_ Such notice should include a description of the work to be performed. I'IHl Cis e.DOLIJ L'4' rr. .61cr May 28, 2003 Mr. Andrew Hoskirtson Page Two Please review this information at your earliest convenience. If there are any questions or concerns, please feel free to contact me at (909) 386-4042. Thank you for your continued interest and assistance. Sincerely, Robert E. Brendza Director, Facility Development REB! Cc: Greg Rousseau, BNSF BNSF - nationaleity.hoskinson.052803 I,• o STREET or ALLEY VACATION REQUEST NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number S C .— 3 1 Qrot+PwP1iu Filing Fee $ Cta Receipt No.+770 Date Received S ! 0 3 By l/1I�� E.A.F. Required Fee $ e } Related Cases D ? — q NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. See attached Vacation Procedures for more information. Please consider my request for the vacation of NJt S —n 161.)0`e „ located between (S P p f- .-kA,A.D'A A) and p as more particularly show and described on drawing of area to be vacated, prepared by RI r c1�t"-""� dated `I I �� f 0 , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) Title Examination Report obtained by ` - L"\ 1(—P 61/0 i iAO Street or Alley Vacation Request Application Revised December, 1998 Page 1 of 2 date IL 0 (attach copy) PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: Signature I C v LL Signature (Signature acknowledges that this application is being filed) application is being filed) (Signature acknowledges that this Address: Address: Phone No. Phone No. Fax No. f Fax No. Date: if Date: APPLICANT Name: -<i JV e ti tip\ tTLi 0.C4-.i (Please type or print) Signature: Ca L (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Phone No. Fax No. Date: Street or Alley Vacation Request Application Revised December, 1998 Page 2 of 2 NATIONAL CITY, CALIFORNIA COASTAL DEVELOPMENT PERMIT APPLICATION 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 1. Applicants Information Applicant's Information Name C D C Address Phone (0 i 2:1 //� Signature 1l//�unr (( t( FAX NO. 23(o Date Coastal Development Permit Application Revised December, 1997 Page 1 of 4 FOR DEPARTMENT USE ONLY Date Received _ G Received By Assigned to: Case File Number (s) SC 2, 3 —! r °.•receipt S- y5 Filing Fee $ ► QD Receipt No. E.A.F. Required Fee $ Reviewing Body: Planning Department Planning Commission City Council Appealable to Coastal Commission? YES NO All items marked with * to be verified by staff Name Agent's Information Address Phone Signature FAX NO. Date 2. Agent's Authorization I' hereby authorize to act as my agent and to bind me 'n all matters concerning this application. Signature of Applicant Date 3. Property Owner(s)* Present owner(s) of all property included in this application MUST SIGN HERE: (attach extra sheets if necessary) I (we) the undersigned declare that! (we) am (are) the PROPERTY OWNER(s) and hereby authorize the below signed applicant to act as my (our) agent for the submittal of necessary application materials. ignature of Owner(s) Name `a ) L V V Signature of Owner(s) Name Address Address Phone ( etn_Q %\ s) Phone Signature �� Signature Date N f 2 E� Date 4. Project Location Address (between sszQ L Li ;A - g and Assessor's Parcel Number(s)* Lot area (square feet) Existing use Adjacent uses Zoning* LCP (Land Use Plan) Designation* A et Coastal Development Permit Application Revised December, 1997 Page 2 of 4 5. Project Description Name of Project Describe development proposal, including incidental improvements (i.e., street improvements, utilities, etc.): , i3 9 If land division, state number of proposed parcels, parcel sizes, etc.: i Project height Building coverage fir` sq.ft. Parking (no. of spaces) Paving coverage / sq.ft. Grading required? (if yes, attach details and plans) Diking, dredging, or filling of open coastal waters of wetlands? (if yes, attach details) 6. Attachments Proof of applicant's legal interest in the property. Project plans, folded to 81/2" x 11", including site plans, floor plans, elevations, grading and drainage plans, and landscaping plans. (20 sets of project plans are required for coastal development permits that involve Planning Commission action. For permits requiring only Planning Department approval, 4 sets are required). Detailed description (if any, from No. 5 above). Coastal Development Permit Application Revised December, 1997 Page 3 of 4 7. Certification I CeLA V , hereby declare that the foregoing is, to the best of my knowledge, true and correct and understand that failure to provide truthful and accurate information necessary to process this permit application, or to provide notice as required, may result in delay in processing the application or may constitute grounds for revocation of the permit requested herein. i Cec-:,Lc(pc) Signature of Applicant Coastal Development Permit Application Revised December, 1997 Page 4 of 4 3-12861 EXHIBIT "A" STREET VACATION 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 22"d 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 23'd 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 the Atchison, 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 23rd 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 183.56 feet; thence South 17°46'37" East 88.16 feet to the TRUE POINT OF BEGINNING. rv) MOT ikIATIC, .A1 OW, Wig. 4.03-03 Robert G. Schoettmer, L.S. 4324 J b/ 12861.001 NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. SC-2003-I/CDP-2003-4 DATE: 5/2/2003 \ \ 4 \ \ \ > N5319'27"E (R) -' \ N \ O \ rc, 00 40' CI �\ �, EASEMENT FOR RAIL ROAD\ PURPOSES TO ATCHISON. \\ TOPEKA, AND SANTA FE RAILWAY COMPANY EXHIBIT "B" 0 22(c OSEp . ririos DICK n■►uWn� lIP`'■■ kIPAIIIIINV. ENGINEERING 11"-, - COMP J. 12861G V//// LEGEND INDICATES PORTION OF HARRISON AVENUE, VACATED 0349 ACRES (R1 INDICATES RADIAL BEARING P.O.3 INDICATES POINT OF BEGINNING COURSE TABLE NO. BEARING DIST. °. L2 Ni 17°46'37"W 88.16 L3 N72°01'18"E 13.00 L4 N72°01'18"E 10.00 60 -N- 30 0 SCALE 1 60' 23�d STREET P.D.B. PLAT TO ILLUSTRATE LEGAL DESCRIPTION OFA STREET VACATION OVER A PORTION OF HARRISON AVENUE ROBERT G. SCHOETTMER, LS 4324 m.\O_12061SexM1!Dlis\O_I2061\XZ861_si_vac. don \\sry cunpl\FlckSicfldords\1a1otV6\SO\Pen\ca l comp. Den DATE ITEM #2 7/15/03 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption 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 2003 MEETING DATE July IS`t' ITEM TITLE RESOLUTION AUTHORIZING APPROPRIATION AND EXPENDITURE OF THE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (C.L.E.E.P.), FUNDS TO PURCHASE EQUIPMENT AND UPGRADE EXISTING SYSTEM. AGENDA ITEM NO. PREPARED BY David Noteware `� DEPARTMENT Police Support Services Manage EXPLANATION 336-4509 In January, 2003, the City of National City received $24, 624.37 from the State of California to more effectively fight crime and maintain order in our community. The funds were authorized and distributed to the City of National City under the California Law Enforcement Equipment Program (C.L.E.E.P.) and were intended to be used for the new technology purchase or to upgrade existing systems, including but not limited to new computers, surveillance equipment, radios, and other communications equipment. The State of California made the decision to allow the individual cities to make decisions on how and where these funds are to be expended. A careful and detailed survey of existing systems was completed with the assistance of City of National City MIS personnel to determine the needs of the Police Department and the equipment necessary to accomplish those goals. It has been determined that our total patrol force is still deficient to allow each officer to maintain and personally secure their own laptop. MS Office upgrade license for patrol officer's to complete their assigned administrative requirements, battery replacement, replace in excess of 5 year old desktop computers to have the power to handle the newer vendor software products. Investigations unit requires a more secure application to electronically transmit case to courts, District Attorney, and prosecutors for the purpose of prosecution. Adobe Acrobat is the recommended application as suggested by the court system. Attached list of specific hardware and software requirements to accomplish the stated objectives is enclosed as a detailed description. Request that the remaining balance as outlined in the detailed expenditure description or any portion left over be available for the Police Department to spend on additional Microsoft license and expendable hardware replacement. Environmental Review X N/A NAt3 F.1rV1Sj' ' r �S Financial Statement There is no impact to the Police Department Budget. This grant does not require a local match. Account No. STAFF RECOMMENDATION Approve the Resolution, and authorize the Purchasing Agent to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) SEE ATTACHED LIST Resolution No. 2003-99 A-200 (9/80) RESOLUTION NO. 2003 — 99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND EXPENDITURE OF THE CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM (C.L.E.E.P.) FUNDS TO PURCHASE EQUIPMENT AND UPGRADE EXISTING SYSTEMS WHEREAS, in January 2003, the City received $24,624.37 from the State of California under the California Law Enforcement Equipment Program (C.L.E.E.P.) which were intended to be used for the purchase of new technology and/or the upgrading of existing systems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes appropriation and expenditure of the California Law Enforcement Equipment Program (C.L.E.E.P.) funds in the amount of $24,435.76 to purchase equipment and upgrade existing systems, including but not limited to new computers, surveillance equipment, radios and other communications equipment. BE IT FURTHER RESOLVED that the remaining balance of C.L.E.E.P. funds may be spent by the Police Departmeht on additional Microsoft license and expandable hardware replacement. PASSED and ADOPTED this 15th day of July 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Georg%e H. Eiser, Ill City Attorney /73 Nick Inzunza, Mayor softchoice www.softchoice.com Please forward this to: Dave Noteware CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Date: June 24, 2003 Sent by: Ryan Hamilton Fax Number: (619) 336-4327 Telephone Number: (619) 336-4300 Customer Reference: - Softchoice Corporation 5120 Shoreham PI Ste 270 San Diego, CA 92122 Comments: Hi Dave. Here is the quote you requested. Thanks Sales/Order desk (800) 268-7638 phone (800) 268-7639 fax Page 1 of 1 Ryan Hamilton (800) 268-7638 x4240 phone (800) 268-7639 fax rham@softchoice.com Quote# > 1704700 PART A79575 MFG SKU E85-00344 VL-S2 ITEM DESCRIPTION MS WINDOWS XP PROFESSIONAL LICENSE UPG + SA 2YR REMAINING MS MVL-CMAS L/SA QTY 1 PRICE $208.62 EXT $208.62 A80974 E85-00345 VL-S MS WINDOWS XP PROFESSIONAL LICENSE UPGRADE (MS MVL-CMAS) 1 $132.00 $132.00 E69107 E85-01172 MS WINDOWS XP PROFESSIONAL LICENSE DISK KIT (KEYLESS) CD ROM (MS MED OR DOC) 1 $21.98 $21.98 E72187 22001650 ADOBE ACROBAT STANDARD LICENSE v6.0 (WIN) MEDIA PACK CD ROM (TLP GOV-MEDIA) 1 $20.00 $20.00 E72211 54012946GA ADOBE ACROBAT STANDARD LICENSE v6.0 (WIN) (ADB TLP GOV-A) 1 $140.56 $140.56 E72217 54012948GA ADOBE ACROBAT STANDARD LICENSE v6.0 (WIN) UPGRADE (ADB TLP GOV-A) 1 $70.84 $70.84 All currency in this quote is in US funds. Pricing, availability and special offers are subject to change at any time. Returns may be restricted to factory sealed boxes or defective product only. s of t c h o i c e Nwfw softchoice-com Please forward this to: Dave Noteware CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Comments: Information as requested. Date: June 19, 2003 Sent by: Andrew Christian Fax Number: (619) 336-4327 Telephone Number: (619) 336-4300 Customer Reference: Softchoice Corporation 5120 Shoreham PI Ste 270 San Diego, CA 92122 Sales/Order desk (800) 268-7638 phone (800) 268-7639 fax Andrew Christian (800) 268-7638 phone (800) 268-7639 fax achr@softchoice.com Page 1 of 1 953239 1021-04920 VL-S ITEM DESCRIPTION MS OFFICE XP STANDARD LICENSE (MS MVL-CMAS) All currency in this quote is in US funds. Quote# > 1700529 SUB TOTAL DELIVERY State Tax Local Tax TOTAL PRICE $280.00 EXT Pricing, availability and special offers are subject to change at any time. Returns may be restricted to factory sealed boxes or defective product only. $2,800.00 $2,800.00 NO CHARGE $175.00 $42.00 $3,017.00 PANASONIC COMPUTER SOLUTIONS COMPANY May 6.2003 P. Line TOUGHBOOK28 CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST CF-28ST New Models Model Description 13.3" TRANSMISSIVE SCREEN WITH PROTECTIVE FILM, 3-PRONG ADAPTOR CF-28STJ23DM CF-28STJ23KM CF-28STJ24DM CF-28STJ24KM CF-28STJA1 DM CF-28STJA1 KM CF-28STJA9DM CF-28STJA9KM CF-28STJAYDM CF-28STJAYKM CF-28STJG8DM CF-28STJG8KM CF-28STJGADM CF-28STJGAKM CF-28STJGBDM CF-28STJGBKM CF-28STJGEDM CF-28STJGEKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transimissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB; 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 258, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmisslve-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmisslve-TOUCH, 30GB, 256, P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJGVDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJGVKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJGZDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJGZKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJP9DM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJPNDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJPNKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJPYDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STJPYKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STMGZDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 512, CF-28STPGADM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STPGAKM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STPGFDM P3-1GHz, 13.3"Transmissive-TOUCH, 30GB, 256, CF-28STPGFKM P3-1GHz, 13.3'Transmissive-TOUCH, 30GB, 256, 56K, Ethernet MC, FDD, Verizon 1xRTT CDMA, FILM, WIN 2000 56K, Ethernet NIC, FDD, Verizon 1xRTT CDMA, FILM, WIN XP 561</LAN, FDD, Sprint 1XRTT CDMA, Win 2000 56K/LAN, FDD, Sprint 1XRTT CDMA, Win XP 56K, NO Ethernet NIC, FDD, CDPD, Cisco Wilreless LAN, 802.11b, (palmrest antenr 56K, NO Ethernet NIC, FDD, CDPD, Cisco Wilreless LAN, 802.11b, (palmrest antenr 56K, NO RJ45, FDD, CISCO WIRELESS LAN, Win 2000 56K, NO RJ45, FDD, CISCO WIRELESS LAN, Win XP 56K, NO RJ45, FDD, LUCENT WIRELESS LAN, Win 2000 56K, NO RJ45, FDD, LUCENT WIRELESS LAN, Win XP 56K/LAN, FDD, CISCO WIRELESS LAN, WHIP ANTENNA, Win 2000 56K/LAN, FDD, CISCO WIRELESS LAN, WHIP ANTENNA, Win XP 56K/LAN, FDD, CDPD, Win 2000 56K/LAN, FDD, CDPD, Win XP 56K/LAN, FDD, CINGULAR WIRELESS, Win 2000 56K/LAN, FDD, CINGULAR WIRELESS, Win XP 56K/LAN, FDD, GPS, Win 2000 56K/LAN, FDD, GPS, Win XP 56K, FDD, Ethernet NIC, Cisco Wireless LAN 802.11b, Whip Antenna, GPS, FILM, N 56K, FDD, Ethernet NIC, Cisco Wireless LAN 802.11b, Whip Antenna, GPS, FILM, N 56K/LAN, FDD, WIN 2000 56K/LAN, FDD, XP RJ45, NO RJ11(NO 56K), FDD, CISCO WIRELESS LAN, Win 2000 NO 56K(RJ11), FDD, Ethernet NIC/802.11b, Lucent w/ Palm rest antenna, GPS, WIi NO 56K(RJ11), FDD, Ethernet NIC/802.11b, Lucent w/ Palm rest antenna, GPS, WI RJ45, NO RJ11(NO 56K) FDD, LUCENT WIRELESS LAN, Win 2000 RJ45, NO RJ11(NO 56K), FDD, LUCENT WIRELESS LAN, Win XP RJ45, , FDD, WIN 2000 56K/Ethemet NIC, FDD, CDPD with Multiband Antenna, FILM, Win 2000 56K/Ethemet MC, FDD, CDPD with Multiband Antenna, FILM, Win XP 56K/Ethemet NIC, FDD, GPS, CDPD w/ Multiband Antenna, FILM, WIN 2000 56K/Ethemet NIC, FDD, GPS, CDPD w/ Multiband Antenna, FILM, WIN XP $5,596.00 $5,596.00 $5,596.00 $5,596.00 $6,141.00 $6,141.00 $5,155.00 $5,155.00 $5,165.00 $5,165.00 $5,283.00 $5,283.00 $5,596.00 $5,596.00 $5,506.00 $5,506.00 $5,060.00 $5,060.00 $5,733.00 $5,733.00. $4,610.00 $4,610.00 $5,155.00 $5,615.00 $5,615.00 $5,165.00 $5,165.00 $4,810.00 $5,596.00 $5,596.00 $6,046.00 $6,046.00 COUNCIL AGENDA STATEMENT RE: CLEEP FUNDS MEETING DATE: DULY 15TH 2003 PREPARED BY: DAVID NOTEWARE, PSSM ATTACHMENTS: Proposed Vendor price lists: 2 each -Panasonic Toughbook Laptops CF28ST CF28STJGZKM P3, 1Ghz, 13.3 Transmissive -Touch, 30 GB, 256 MB, 56K/LAN,FDD,XP. $9,220.00 Vendor: Panasonic. tax(a,7.75% $714.55 Shipping $150.00 TOTAL $10,084.55 11 each-MSOffice XP Standard License. $3,080.00 Vendor: Softchoice. tax(a,7.75% $238.70 Shipping $0.00 TOTAL $3,318.70 2 each -Adobe Acrobat 6 STD. $281.12 Vendor: Softchoice taxA7.75% $21.08 Shipping $.0.00 TOTAL $302.20 15 each Windows XP Prof. Upgrade license. $1,980.00 1 each Windows XP Prof. License Disk Kit $21.98 CD -Rom taxa,7.75% $155.15 Vendor: Softchoice Shipping $0.00 TOTAL $2,157.13 3 each -Dell Optiplex GX260 Small Mini Tower P4, 2.00Mhz, 40 GB, 17 in Flat screen, 512 MB DDR, Win XP Professional,'0/100 NIC, 3yrsparts+onsite labor. 3-Replacement's for: Comm. Srvs. Sgt, Traffic Sgt, Investigations SGT. Vendor: Dell. $3,917.34 tax a,7.75% $303.59 Shipping $150.00 TOTAL $4,370.93 10 each CF-VZSUI8AU CF-28 Li -Ion Battery. Vendor: GHA Technologies. 10 each CF-VZSUO4 CF-27 Li -Ion Battery. Vendor:GHA Technologies. TOTAL Balance $2,300.00 tax u,7.75% $178.25 Shipping $0.00 TOTAL $2,478.25 $1,600.00 tax(a,7.75% $124.00 Shipping $0.00 TOTAL $1,724.00 $24,435.76 $188.61 Page 1 of 2 Dave Noteware From: Sent: To: Michelle Levenson [mlevenson©gha-associates.com] Thursday, June 05, 2003 3:13 PM Dave Noteware Subject: 2003156 batteries quote I am well and hope you are as well You can call even is it's not for a quote When Service and Delivery Count) 8998 East Raintree Drive Scottsdale, AZ 85260 Phone 888.335.3634 Fax 480.951.6956 Bill To: City of National City Address 1 Address 2 City, State, ZIP Accounts Payable Contact Ship To: City of National City National City Purchasing Warehouse 2100 Hoover Ave National City , CA 91950 Attn:Dave Noteware Notes:free Ground Freight Item 1 ETA 6/25/2003 Item 2 in stock Date: 6/5/2003 Quotation #: 2003156 Ship Via: Ground Terms: Net 30 Preparedby:Michelle Levenson Quantity Part Number Description 10 CF-VZSU18AU !CF-28 LI-Ion Battery 06/05/2003 Price Extension $230.00 $2,300.00 rage cor4 10 CF-VZSUO4 CF-27 U-Ion Battery $160.00 $1,600.00 Networking SUBTOTAL N Data Storage N Hardware N Software N Point Of Sale N SHIPPING Telephony N Furniture N Supplies N Electronics TOTAL $3,900.00 $0.00 $3,900.00 The prices quoted may change due to market conditions beyond our control. GHA cannot be responsible for manufacturer availability or delays. No verbal quotations or promises can be honored unless set forth herein. All returns are subject to the return policies of the manufacturer. GHA Technologies makes NO WARRANTY OF MERCHANTABIl1TY OR FITNESS FOR ANY PARTICULAR PURPOSE with respect to the goods described hereon. This document shall be governed by the laws of the State of Aritona. 7rn -97 7c4 3 o a s yaoa.a,, 3 06/u1/2003 CMA store (# 3-94-70-0012): Customizing Your System Page 1 of 4 1-800-416-3355 Full Catalog I Current Orderform I Retrieve E-Quote I Help CMAS Store(# 3-94-70-0012) Special Offers I Soiiware, Peripherals & Parts OptlPlex'M GX260 New! Combination of Intel® Gigabit Networking, next generation Intel Pentiume4 processors and DDR Memory providing performance scalabllity designed for networked environments. To configure your system: 1. Select from the options listed to configure YOUR Dell system. 2. Click "Update Price" button at the bottom of the page to make the pricing reflect any changes you have made. 3. Click "Add to Orderform" button at the bottom of the page to add your system to your Order Form.. View Options: 0 View Drop -down List 0 View all System Options Price*:$1,305.78 OptiPlex GX260 Small Minitower Pentium®4 Processor 2.00GHz, 400FSB, 512K Cache, Intel Gigabit NIC Memory 1.512MB DDR Non-ECC SDRAM (2 DIMMs) Hardware Support Services J3Yr Parts + Onsite Labor (Next Business Day) Monitors m more about rocessor rformance 0 View Configuration Details IS Learn More Learn More re Learn More 0 Learn More NOTE:The M782 monitor is a CRT Monitor with a flat screen. It is not an LCD flat panel monitor. Dell 17 inch E171FP flat panel display (17.0 viewable) Optional Support Services Learn More Gold Technical Support provides a separate 24x7 dedicated technical support service that delivers reduced hold time, direct access to advanced level technicians, and reduced time to resolution. None Installation Support Services No Installation Video Boards I Integrated DVMT Video • 10 Learn More Learn More http://rcommerce.us.dell.com/rcomm/config.asp?order_codezW1188 nA /1 O /9nn2 CMAS Store (# 3-94-70-0012): Customizing Your System Page 2 of 4 Card Reader None Boot Hard Drives -0GB EIDE 7200RPM Additional Hard Drive or Zip Drive None Floppy Drives 1.44MB 3.5 Inch Floppy Driveili USB Memory Keys 16MB Dell USB Memory Key [ $26.10 ) Operating System(s) Dell PCs use genuine Microsoft® Windows® www.microsoft.com/piracy/howtoteii Windows XP Home Edition Is a consumer operating system and does not support peer to peer networking of more than five computers, domain authentication, Encrypted File System or remote system management. !Windows® XP Professional Version, Service Pack 1, with CD, using NTFS Keyboards Dell PS/2 Keyboard in Gray, No Hot Keys Ii .0 Learn More Q Learn More Learn More 0 Learn More Learn More 'Mouse 6 Learn More Please note: The short cord Logttech USB 2-button mouse with scroll can only be used with the Performance USB keyboard with 8 Hot keys. Dell PS/2 2-Button Mouse Audio Solutions Integrated Sound Blaster Compatible Speakers j1 None Network Adapters (NICs) Integrated Intel Gigabit (10/100/1000), with Alert Standards Format ii Modems Learn More Learn More • e http://rcommerce.us.dell.com/rcomm/config.asp?order_coderW1188 06/19/2003 CMt Store (# 3-94-70-0012): Customizing Your System Page 3 of 4 1st Removable Media and DVD+RW Options Please note that you may order both a DVD+RWSR and a CD-ROM, or, a DVD+RW/+R and a DVD from this field. 48X CD-ROM 2nd Removable Media This second option is only available when a CD-ROM or a DVD-ROM (not a DVD+RW/+R) is selected as the 1st Removable Media option. The 32X or 48X combo drives are only available with an additional CD-ROM. None • Serial Port Adapter None Energy Star Label None Documentation I (Resources CD contains Diagnostics and Driver for Dell OptiPlex Systems Factory Installed Software None Mouse Pad None Wireless None Zip Disk/Removable Media CI Zip250 Media 2 Pack [ $35.10 ] [7 Zip 250 Media 4 Pack [ $71.10 ] Price*:$1,305.78 f•.__: Update f rico Q Learn More I fla Learn More 1-800-415-3355 Current Orderform I Retrieve E-Quote I Help This configuration Is presented for your convenience only. It Is available for purchase by US customers who take delivery in the US. Dell will not be responsible for typographical or other errors or omissions regarding prices or other information. ` Prices and lease payments for products are subject to change without notice and DO NOT INCLUDE SHIPPING AND/OR HANDLING CHARGES OR APPLICABLE http://rcommerce.us.dell.com/roommiconfio.aso?order code: W1188 A t 14A IAA/.A _,.,.....,,.., .. v,r v- /T'/ v—'i i j. ..uJIoml=Irl9 your Jys em Page 4of4 TAXES. Promotional offers and prices are for a limited time. Prices have been rounded to the nearest dollar for online display. Final order specmcations and amounts, Including tax and shipping, will be communicated following receipt of your online order: If your organization has a special shipping arrangement with Deli, then you will not receive final, applicable shipping and tax amounts until you receive your order invoice. Please contact your organization's administrator or your Dell representative for details on any special shipping arrangements. t2 Please note that this Microsoft software product may use technological measures for copy protection. In such event, you will not be able to use the product if you do not comply with the product activation or reactivation procedures, which may be completed by Internet or telephone (toil charges may apply). For U.S. Customers Only. Copyright 2000 Dell Computer Corporation. All Rights Reserved. Terms of Use I Terms and Conditions of Sale Online Privacy Practices Thursday, June 19, 2003 11:43:04 AM CST http' ,-1 commerce.us.dell.com/rcomm/config.asp?order_coa ..-W1188 06/19/2b03 City of National City, California COUNCIL AGENDA STATE ENT AEETING DATE July 15, 2003 AGENDA ITEM NO. 4 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM WILFRIDO AND MARTHA C. MONDRAGON, AUTHORIZING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES AT 2221 VAN NESS AVENUE, AND DEDICATING AND NAMING THE PARCEL OF LAND FRONTING HARBISON AVENUE, AS HARBISON AVENUE (A.P.N. 558-320-1600) PREPARED BY Charles Nissley DEPARTMENT 336-4396 EXPLANATION Public Works/Engineering The owners of the property located at 2221 Van Ness Avenue have offered to the City of National City a deed for the dedication of the existing Easterly 20 feet of their property on Van Ness Avenue for City right-of-way purposes. The dedication of the land was a condition for the approval of the building permit for the construction of a new single-family residence on the property. The parcel of lard offered for dedication is 20 feet wide and 66 feet long. This Resolution will also provide for the naming of the dedicated parcel as Harbison Avenue. CEnvironmental Review STAFF RECOMMENDA Adopt the Resoluti BOARD / COMMISSION RECOMMENDAT N/A ATTACHMENTS (Listed Below ) 1. Resolution 2. Encroachment Agreement A -zoo (9/99) Resolution No. 2003-100 RESOLUTION NO. 2003 —100 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM WILFRIDO.AND MARTHA C. MONDRAGON, DIRECTING THE RECORDATION OF A GRANT DEED FOR A PARCEL OF LAND FOR STREET PURPOSES AT 2221 VAN NESS AVENUE, AND DEDICATING AND NAMING THE PARCEL OF LAND FRONTING HARBISON AVENUE AS HARBISON AVENUE (A.P.N.558-320-1600) BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance and to record the following instruments conveying an interest real estate to the City of National City: GRANT DEED dated July 2, 2003, from Wilfrido and Martha C. Mondragon (A.P.N. 558-320-1600). BE IT FURTHER RESOLVED as follows: 1. That Wilfrido and Martha C. Mondragon have conveyed the real property described in the attached Exhibit "A" to the CITY OF NATIONAL CITY for right- of-way purposes. 2. That the CITY OF NATIONAL CITY desires that said property be dedicated for public right-of-way purposes. 3. That the descried parcels of land in Exhibit "A" shall henceforth be known as a portion of Harbison Avenue. PASSED and ADOPTED this 15th day of July 2003. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney ORDER NO. 220148-CB IB3AL DISSCILIPITMI IDEEilarr "An wr 359 OF LINODIN ACRES ANNEX #2, IN THE CITY OF NATIONAL err!, COONEY OF SAN DIB3D, STATE OF CALIFORNIA, ACOMDILG ID MAP VEREOF ND. 1748, FILED IN THE OFFICE OF 7H6 COUNTY REMIRDER OF SAID SAN DID cowry; megoARY 7, 1923. EXHIBIT "A" After recording Mail To: City of National City Civic Center 243 National Avenue National City, California 92050 Attn: City Clerk recording requested by City of National City GRANT DEED no documentary tax due, per Revenue and Taxation Code 11922 (amended) This space for recorder's use A.P.N. 558-320-1600 FOR A VALUABLE CONSIDERATION, WILFRIDO AND MARTHA C. MONDRAGON, HUSBAND AND WIFE AS JOINT TENANTS HEREBY GRANT(S) to the City of National City, a municipal I corpn oration, ity in the of thetlCou 1tyit of San Diego, State of California; all that real pr,perty County of San Diego, State of California, described as follows: HOU TERLY 20 359 LINCOLNMACRES ANNEXE#2,PINPTHESCITY OFENATIONALSCITY, COUNTYTOFFSANTOF FOR DIEGO, STATE OF OFASAIDCSANING TO MAP THERDIEGO COUNTY, FEB UARYOF NO.17L,8FILED IN THE OFFICE OF 1923 AREA OF DEDICATION: 20' X•66' Dated 7- Witness to the signature(s) of By STATE OF CALIFORNIA I COUNTY OF SAN DIEGO. I efore the On this day of .. C bsoreeof undersigned, a Notary Public in and for the County of Sonpersonal! iego, appear of California, residing therein, duly commissioned and sworn, to b subscribed to the personally known to me to subscribingbe the fitness whose a is w depose instrument said that a eresides in said that y of by me Diego, duly lStateorof deposed and said he in said aunty a California; that he was present ont. sow personally known by him to be the some person decribedb inetaand dignwhose :tartlets) subscribed to the within instrument as party/parties d execute the same and that he, the atfiant, then and there subscribed a his name to the within instrument as a witness. hand and affixed my Official IN.WITNESS WHEREOF, I hove hereunto set my -sal the day and -year in this certificate first above written. SEAL Notary Public in and Stater for the said County and j CERTIFICATE OF ACCEPTANCE This is to certify that the interest in Real Property con- veyed by this instrument to the City of National City, a municipal corporation is hereby accepted by order of the City Council per Resolution No. ..-.--- ---- - dated and the Grantee consents to the recorda- tion thereof by its duly authorized officer. Dated Nick Inzunza, Mayor National City Engineering Dept. No.....69.5.2 Ref. By __ Date Ckd. Date - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT II teM State of California County of f C' Gc� e2. " 8 )2-12C7 On v �� Date 1,011—crI at personally appeared before me, (Ai-aie icl. a60n, no qi, { ((C � I Name and Title of Officer (e.g., "Jane Doe, Notary Public") I f (cn0 f cirn axei7 ! c,,6 Haar`Nt,0. VIoi,Araspn Nametff3 of Signer(s) ❑ personally known to me (proved to me on the basis of satisfactory evidence OFFICIAL SEAL CARMEN M. PALBON NOTARY PUBLIC-CALIFORiNIAF, COMM. NO. 1390449 -. SAN DIEGO COUNTY MY COMM. EXP. DEC 16. 2006 ' to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hPLsbe/they executed the same in his/he4their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and off)cial se I. 1.) kL 1 1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: cc, e\'-(- E- Document Date: Signer(s) Other Than Named Above: Number of Pages: i Capacity(ies) Claimed by Signer 1,C)II .«?o No (I fLIC�r�a ar €(olc ,j� Signer's Name: n I"�'.�a n C 1�A RIGHT THUMBPRINT OF SIGNER C .Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ZPtY,' f 6ir'S Top of thumb here .`'✓''io`,=`'S- cJ-ni'��-i'� .rJ1',-,.v"�Y rc'£%G�"_t,-<ivv':+`"==CS�`_y�''.'v�d4`""7,v't3G 1999 National Notary Association r 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-B00-876-6827 ORDER NO. 220148-CB EXHIBIT "A" CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, THE F NO. 1748, CITY IN THE OFFICE OF THE STATE 359 OF LINCOLN , ACCORDING #2T 1�P Fp COUNTYT OF CALIFOR OF SSAN DIED COUNTY FEBRUARY 7, 1923. RECORDER SAID (IIIII11 2 111111111 3 IIIIIII '4 II I111111 5 II III IIi1 6 SCALE IM 1/10 OF AP:INCH U 0 TAN DIEGO COUNTY ASSESSORS MAP 600R 380, PAGE 32 Lai 20T—M 0] 350 Ui 351 < 352 353 354 5 T. 43 387 1 386 2215 al 384 309 320 355 3 356 $g •d Z I- is 357 h ,2F t. 00 O N 358 Tn m cc Ein 359 25l ni6E CE NN MAP WAS PREPARED FOR ASSESAWM PJP69M5 ONLY. IA moor 5 . ASSESSOR'S PARCELS LMAT ToT FOR C PF.TA WITH OY OF l LOCAL EUBDMS N DATA OR BULOPO ORDINANCES. 60 9C9 ® N. 71,.5292F2.9/.p0 1e3e6 4 PAR 2 0 u PM 6553 t63.I7 PM17621 16a.67 PAR 2 e 45 e iaa.66 379 CIFD 1619.36 37PM 6553a PAR I z 165.a6 fob PAR 2 44 e foe PM17621 111 1 376 a} W A �a tie o C ALA ARLE sir OumQERLANO Sr Are MAP 1748 - LINCOLN ACRES ANNEX NO 2 55a- 32 7^6 C CD 19 .14a 97 1677 nPR 1 01997 co 9 lg EETING DATE July 15, 2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 (-ITEM TITLE MILLS ACT CONTRACT APPLICATION FOR 926 A AVENUE IN BRICK ROW (APPLICANT: JANICE MARTINELLI) (CASE FILE NO.: M-2002-2) 412 PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION In May of 2002 the Council authorized a Mills Act program for historic properties on the City's adopted "List of Identified Historic Sites in National City". The property owner of 926 A Avenue is requesting a Mills Act contract. This property is one of the Brick Row homes constructed in 1887, located in Heritage Square. It is an owner -occupied home in the CG-PD General Commercial -Planned Development zone. Mills Act contracts are a historic preservation tool which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in the attached list. The County Assessor's office estimates that there will be a tax reduction of roughly 15%, or $200 annually based on the current value. This would result in a reduction of approximately $20 annually in City revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. CDC staff and the National City Historic Society provided comments in support of the contract. Environmental Review X NSA Categorical Exemption Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $20. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the contract. BOARD l COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Location Map 2. Draft Contract 3. CDC and National City Historic Society Comments . Application, including site photos A-200 (9 99) 2003-101 Resolution No. RESOLUTION NO. 2003 —101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR THE PROPERTY LOCATED AT 926 "A" AVENUE IN BRICK ROW APPLICANT: JANICE MARTINELLI M-2002-2 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for the property located at 926 "A" Avenue in Brick Row. Said contact is on file in the Office of the City Clerk. PASSED and ADOPTED this 15th day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney PROJECT SITE ZONE BOUNDARY N A LOCATION MAP SITE PROPOSED FOR MILLS ACT CONTRACT M-2002-2 NATIONAL CITY PLANNING DRN DATE: 7/8/03 INITIAL HEARING: 7/15/03 I Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN(s): 556-471-11 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 926 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Janice Martinelli ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-11, and located at the street address 926 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City. 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic .reservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner "shall attend and participate in a scheduled hearing regarding such application before the board or commission 2 Mills Act Contract 11/14/02 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, follosling a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein 3 Mills Act Contract 11/14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner 'Shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. 9. Effective Date and Term of Contract. This Contract shall be effective and commence on July 21, 2003, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. ti 4 Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Janice Martinelli 926 A Avenue National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint veqtures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. This Contract shall be construed and governed in accordance with the laws of the State of California. 5 Mills Act Contract 11/14/02 g. Owner or an agent of Owner shall provide written notice of this Contract to the State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: By: Nick Inzunza, Mayor Date: Attest: By.: OWNER(S) OF RECORD Date: Title: Date: By: (Notarized Signature) Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 6 Mills Act Contract 11/14/02 STATE OF CALIFORNIA COUNTY OF San Diego On July 7, 2003 personally appeared , before me, } }ss. } the undersigned JANICE MARTINELLI , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my ha Signature (Tars area for official nolar,al seal! ROBIN COTE-SPRONG 1 COMM. #1281858 NOTARY PUBLIC-CALIFORMA MsyA r0 r gills -II 2 JANUARY 31, Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (1r?94) (General) t`,•:: •�:....:....:. i.aa lnsarcance Company Attachment A Restoration and maintenance plan for 926 A Avenue: 1. Replace ten (10) windows with new wood, same style as original 2. Roof maintenance — porch and main house 3. New wooden window screens (10) 4. Refinish hardwood floors, interior kitchen, and main living areas 5. Repaint and repair exterior jrickwork 6. Re -mill needed brickwork on exterior of building 7. Repair broken rope window weights as needed throughout 8. Owner agrees to explore feasibility of participation in providing a decorative uniform fence along the entire alley behind Brick Row " 7NAL CITY —PAR MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY February 26, 2003 To: Jon Cain, Associate Planner From: Paul Desrochers, Executive Director Subject: Case file:#M-2002-2, Mines Act Application, 926 A Ave. Thank you for the opportunity to review the application for Mills Act status for 926 A. Ave. The CDC has no objections to the designation of the property under provisions of the Mills Act. Our only comment is that the rear view of the property be more astatically pleasing to the public. The rear alley has taken on greater significance due to redevelopment activities. The subject unit is enclosed with a high (well maintained) fence and is much better than some of the other Brickrow units. The designation of this site, under Mills Act, should set a precedent for the other units to be concerned about the look of the property from the alley. Therefore, I suggest that improvement of the property along the rear alley be required as part of the list other improvements proposed by the owner. It should be up to the Brickrow homeowners to agree on a design and implement a joint effort to improve the "alleyscape". The CDC would be interested in possible loan and grant assistance. l0 December 30, 2002 TO: FROM: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY HISTORICAL SOCIETY CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: M;2002-2, Mills Act Contract Application for 926 A Avenue This Mills Act Contract application has been submitted for consideration for the property at 926 A Avenue. This location is part of Brick Row, as listed on the City's adopted list of historic structures. Please submit your comments or recommendations on the proposal by January 10, 2003. Please alert us to any aspects of the proposal which conflict with regulations or policies that your department or agency administers. If you have any questions, please contact me at 336-4310. Thank you. JON CAIN Associate Planner L� U3 94444.-i a j( 1�1?ah-e- e4t-P ekh 64-A A/— ® Recycled Paper // G. -27' 02 (TUE) 09:33 PVH FOUN^ATlON •BRI CK ROW —18$7 916, 926, 934 A Avenue Designed by San Diego architect R. C. Ball (who also designed Folsom Prison), the Brick Row was constructed by Frank Kimball in -1887 for $30,000 at a time when the boom. The architectural style is unique to this region as it whole area was in an economic was modeled after the row houses of Philadelphia and similar eastern cities, These 10 individual row houses were built to be used by the executives of the Santa Fe Railroad and it was hoped that the railroad elite would not only feel at home surrounded by familiar architecture but also be impressed at the cosmopolitan appearance of the young city.moan with fireplace, a kitchen, a parlor F adjoining house has a formal dining with fireplace, a butler's pantry and four bedrooms upstairs, as welt as an enclosed back yard The units open into an -retry hall with oak stairs and -banisters. 'On November-26, 1887 Frank Kimball wrote in his diary, "Let contract to build and complete ten flights of stairs in my new houses. Mr. Thomas of San Diego for $625. Rails, newels and balusters to be of oak and finished in first class style." The floor plans are L-shaped with the plan reversed for every other unit to form U-shaped backyards Twelve -inch thick interlocking brick walls divide each unity the bricks were produced in the Kimball brickyards. The brickwork was laid with an artistic eye to break the severe lines of the long walls. Ornamental brick chimneys originally adorned the front of the building, but most of -them have since been -removed. .The• kitchen s -am- still located at•the rear. A ore -story wooden porch runs the length of the building with wood dividers corresponding to the party wail insuring the..privacy Of each -unit. Listed on the National Register of Historic Places the Brick Row now is an integral .part of National Cites Heritage Square. Bach of the 10 units is.privately owned and maintained, however there is a protective covenant on the facade so the exterior will always be in keeping with the Victorian surroundings. for inspection.916 A For this home tour three of the ten units will be openn916 is Avenue is owned by Jeannette Salazar who is the director of the WIC Program; owned by National City businesswoman Janice Martinelli who sells real estatMichael s currently the president of tine National City Historical Society; 934 is owned by Wills and" his wife Marie Kreider, a history teacher at a nearby high school. Each of these owners serves on the Board of the National City Historical Society. /L NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY `\ Case Number — °2%2— Filing Fee $ 00.Oo Recei N�t Date Received _� t ' 2 By Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address: OC(*(15A9A-Q edia GMC-C) Assessors Parcel N umber(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: Address: Phone: CO .C' (\catua0 uskii Ca of So Property owner's signature: Date: kb 1� ,fEETING DATE July 15, 2003 ITEM TITLE City of National City, California COUNCIL AGENDA STATEMENT WARRANT REGISTER #01 PREPARED BY R. Palazo EXPLANATION DEPARTMENT 6 AGENDA ITEM NO, Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #01 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved B Finance Direct Account Non STAFF RECOMMENDATION I recommend ratification of the e warrants for a total of $312,399.64. BOARD / COMMISSIONMECOM yNDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register#01 2. Workers Comp Warrant Register dated 06/25/03 Resolution No. A-200 (9;99) City of National City, California COUNCIL AGENDA STATE ENT 7 ETING DATE July 15, 2003 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #02 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #02 per Government Section Code 37208. ( Environmental Review N/A Financial Statement Not applicable. >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,104,607.85. Approved By: Fi Sce Director Account No, BOARD I COMMISSION RE M EN 6 r ATTACHMENTS ( Listed Below 1 1. Warrant Register #02 2. Workers Comp Warrant Register dated 07/02/03 3. Payroll Warrant Register dated 07/02/03 Resolution No. A-200 (9:99) City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE July 15, 2003 ITEM TITLE CLAIM FOR DAMAGES: Marco A. Basabe 8 AGENDA ITEM NO. PREPARED BY Michael R. Dalla, CM PARTMENT City Clerk EXPLANATION The claim of Marco A. Basabe arises from an occurrence on May 21, 2003 and was filed with the City Clerk's Office on June 12, 2003 Environmental Review XX N/A } 1-Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below } Resolution No. N/A A-200 19 99) City of National City, California COUNCIL AGENDA STATEMENT .ETING DATE 7/15/03 (-ITEM ITEM TITLE PROPOSAL TO CONVERT TENNIS COURT TO BASKETBALL COURT AT KIMBALL PARK AND \ ENTER INTO A CONTRACT WITH ZASUETA CONTRACTING, INC. PREPARED BY Miguel A. Diaz x4288 9 AGENDA ITEM NO. DEPARTMENT Parks & Recreation EXPLANATION Councilman Luis Natividad has proposed that one of the 2 tennis courts located in Kimball Park be converted to a basketball court. Estimated cost for basketball unit with nylon net is $2,507.73, and installation and restriping court is $2,675, for a total project cost of $5,182.73. If it is the council's desire to go forward with this project, a contract with our established playground contractor would be in order. Staff will return with contract. Environmental Review X N/A Financial Statement Approve creation of a mid -year CIP Project. Resources are available in Fund 304. Approved By: Jv Fitrs k! Sou- u04- 5 0-55 g- 4122 Account No. STAFF RECOMMENDATION Approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) (.,,,_ Estimates CIP Resolution No. A-200 19.99) 07/01/2003 12:06 6196976031 ZASUETA ' tAlt nl CONTRACTING, INC. P.O. BOX 866 SPRING VALLEY, CA 91976 PHONE: (619) 589-0609 FAX: (619) 697-6031 City of National City 140 East 12th Street, Suite A National City, CA. 91950-3312 Attn: Miguel Diaz. June 30, 2003 ***** PROPOSAL & CONTRACT ***** we hereby propose the following options - Install: 2 (two) Basketball posts and Backstops Stripe Court Price includes saw cut and coring. All of the above work will be completed in a substantial and workmanlike manner according to standard practices for the sum of $2,675.00* * The above price assumes good access to the site. Conditions: Price is valid for Thirty (30) days. No scheduling done without signed Proposal/Contract. Approximately 3 weeks lead time needed for scheduling. This quote bussed on one move -on. k cclusions: Permits and fees, site work (including: excavation; demolition; concrete ramps, sidewalks, and slabs; irrigation and landscape modifications and repairs; sod), unforeseen conditions (i.e. buried debris; water, gas, and/or electric lines), furnish and/or install of wood fiber, sand, and/or robber surfacing, security and/or fencing. Terms: Net 10 days. Upon completion of installation, Zasueta Contracting, Inc. can not be held responsible for incidences arising out of lack of maintenance or misuse. Your signature is acknowledgment of this provision. Accepted By Printed Name Signature Must sign and return (or fax) this Proposal/Contract when ordering. Date CITYOFNATIONAL CITY-- - CAPITAL IMPROVEMENT REQUEST -Year Addition 1. Project Title TENNIS COURT CONVERSION TO BASKETBALL COURT 2. Department PARKS & RECREATION 3. Project Number 4/22 4. Project Location KIMBALL PARK Department Contact M. DIAZ 6. Phone Number 336-4288 7. Project Description and Justification One of the two tennis courts located Kimball Park can be converted to a basketball court. 8. Project Detail Amount Amount Acquisition Construction Site Design Other Total Costs $ 5.18 2,7 3 9. Financing Source and Budget Schedule Year 1 Year 2 FY Year 3 FY Year 4 FY Year 5 FY FY 03-04 Fund 304 $5,182.73 TOTALS $5,182.73 10. Operating Cost Increase (Decrease) Personal Services Year 1 Year 2 Year 3 Year 4 Year 5 Maintenance and Operation Capital Outlay (Not Included above) Total Operating Cost Increase 11. Requesting Department Head Approval ) Parks & Recreation (Signature) gfailii 9 ' (Title)Acting Director (Date) 7/8/03 cip-blnk Fou 1 CM-109 Rev 6/92 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE July 15,2003 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION APPROVING THE CONTRACT AND AUTHORIZING THE MAY E. EXECUTE THE CONTRACT WITH NATIONAL SCHOOL DISTRICT FOR THE NATIONAL c 'r" PUBLIC LIBRARY TO PROVIDE AN AFTER -SCHOOL EDUCATION PROGRAM PREPARED BY Monica O'Hara 1. DEPARTMENT Library X4297 EXPLANATION National School District invited the Library to submit a proposal for an after -school education prograial for the 2003 — 2004 school year. The Library was selected to provide the WINGS Chii,Thiiners Growing Strong) program, which will offer a standardized after -school program that accentuates literacy, academics and enrichment activities. 'National City Public Library WINGS staff will include the Program Coordinator, 9 lead coaches, and 33 theme coaches. Students will be placed in teams based on age and ability and will rotate to various theme stations throughout the week. They will. be involved in motivational lessons that incorporate literacy, direct phonics, social studies, science, math, fine arts, and structured recreational activities. WINGS strengths will include positive motivation„ family connections, English language development, direct phonics instruction and well -trained staff. Th:ir> contract will enhance our ability to focus local resources to better improve the lives of our families arid increase student achievement. Environmental Review N/A Financial Statement Approved kty National School District will pay $356,625 for the Library idaa::enve, ,r perform the services outlined in the contract. Account No. STAFF RECOMMENDATION Adpot the Resolution that approves the contract and authorize the Maya. to execute the contract with National School District. BOARD / COMMISSION RECOMMENDATION The Library Board of Trustees approved on May 14, 2003. ATTACHMENTS j Listed Below } Resolution No, 2003-' D2 Resolution A-200 I999` RESOLUTION NO. 2003 —102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR THE NATIONAL PUBLIC LIBRARY TO PROVIDE AN AFTER -SCHOOL EDUCATION PROGRAM WHEREAS, the National School District ("District") has implemented the After -School Education and Safety Program ("ASESP"); and WHEREAS, the District desires to engage the services of the National City Public Library through the City of National. City to provide an extended school day childcare and education program pursuant to ASESP at all of its schools; and WHEREAS, the term of the Agreement begins July 1, 2003, and expires on June 30, 2004. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City of National City and the National School District for the National City Public Library to provide an after -school education program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 06-00-9065-100-0000-1000-513 004 00-026 AFTER -SCHOOL EDUCATION AND SAFETY PROGR:. N OPERATING AGREEMENT CONTRACT #CT 1752 This AGREEMENT is made by and between National School District, herein call'1) 1strir; .;'' 1500 "N" Avenue, National City, California 91950, and the City of National Ci1lar, [Heel "Contractor," 142 East 12th St., National City, California 91950 WITNESSETH WHEREAS, National School District has' irnpllemcnted or will be ardpi.drry r ii= g illri,e, After -School Education and Safety Program ("ASESP"); and,. WHEREAS, District desires to engage the services of the National (itr 1 ub'.io '. ilbrarla through the City of National City, (or Contractor) to provide an extended s,:.hou:'ll (Lao a-k':.E and education program pursuant to ASESP at all of its schools; and WHEREAS, Contractor is ready, 'willing and able to perform the services icccees iieuE 111 Agreement, beginning July 1, 2003, and concluding June 30, 2004, NOW, THEREFORE, District and Contractor mutually agree as fioliova3: 1. DEFINITIONS: For the purposes of this Agreement, the following terms 4121 it ewe: meanings indicated: a) "District" — National School District b) "Contractor" —The National City Public Library through the City of Nati1 r> a I [l: i h 4' c) "State" State -funded After -School Education and Safety Program :,raa.rI' '''''hick constitutes the source of funding under this Agreement. 2. SCOPE OF SERVICES: Contractor hereby agrees to perform the services specifically listed below: a) Operation of Program: Operate a school -age child care program pursuant to ASESP ("Program") that provides safe, healthy, recreational, and educational activities at each of the District's schools for children enrolled in the Program. Contractor agrees to commit resources to ensure the delivery of an integrated, age -appropriate child care and education Program. b) Hours of Operation: While District schools are in regular sessions, the Program shall operate after school dismissal time (beginning around 1:00 to 3:10 p.m., dependent upon the school site), for the remainder of the day until 6:00 p.m., on a Monday through Friday schedule. Daily hours of operation must be posted by Contractor and be visible to the participants and parents of the Program. Operating hours will be monitored by daily sign -in and sign -out sheets and reported monthly to the District and to the State by the Contractor. c) Holidays: The Program will not operate during scheduled school holidays and scheduled vacation periods unless funds are made available, and Contractor agrees through an amendment to this Agreement to perform during such periods. d) Use of Facilities: At each school site, Contractor may use such portions of the school site and school facilities as are agreed upon with the principal of the school. Contractor agrees to keep school sites and school facilities it uses clean and organized during each period it provides services, and to cooperate with other groups using the sites and facilities. 2 e) Compliance: If for any reason, the Program is not operating at the times and days agreed upon, the Contractor shall forfeit payment for those times that the Program not operating and will be subject to termination of the Agreement at District's; option. f) Staffing) Contractor shall provide a coordinator to oversee and coordinate Prograart: activities in cooperation with District staff. Each Program site must be ,staffed t. a ty, s a minimum, by the required student to staff ratio of one adult to twenty students {Lens Designated coaches and/or site staff must be trained in CPR and First Arid. Train' will be provided by National School District. Contractor is encouraged tci d o: instructional assistants and credentialed teachers from the school site to assist with t't Program. Volunteers to assist with tutoring, literacy, and motoring .enay be added ir! addition to paid staff. g) Experience: Site supervisors must have prior supervisory experience. h) Fingerprinting) Contractor agrees to provide District with wsnritten certiificrttion � ar Contractor has complied with the fingerprinting and erdnit al bay a investigation requirements of the California Education Code with re Peet 'i} a Contractor's employees and volunteers who may have contact malt District students in the course of providing services under the Program. Contractor pro-s'ic t written verification stating that none of its employees or volunteers who rta:y isr`"e contact with District students has been convicted of a violent or serious felony as defined in the Education Code. i) First Aid/CPR: At all times, there shall be personnel on site trained in First Aid/CPR, safety, and emergency procedures. The leaders must have proof of their First Aid/CPR card at the site. j) Uniform/Dress Code: On -site personnel will be required to have a professional appearance, wearing a name badge which identifies them and the agency for which they work. k) Supervision: The Contractor is required to have its agency supervisory management personnel visit each Program site at least once weekly. The District or designee will periodically visit sites unannounced. 1) Health: Contractor staff and volunteers are required to have a negative tuberculin test or x-ray within the last three (3) years. m) Safety: Safety is a critical element in the Programs. All safety rules and emergency procedures followed during the school day apply to the Program. n) Emergency Contact Forms: At every site Contractor must have parents fill out emergency contact cards and medical release forms. These forms must be kept on file at the school site by Contractor within easy access. o) Emergency Procedures/Accident Reports: The Contractor will adhere to emergency procedures at each school site. A formal reporting process for all accidents, incidents and complaints must be approved by the District and communicated to and posted for parents. Any serious accident, i.e., injury involving medical attention, must be reported in writing to the school principals and the Contractor's corporate office. A written accident or incident report must be sent within three (3) days. All minor 4 accidents or injuries are reported on an "Ouch Slip," with copies provided to the District, school site, and parent/guardian. p) School Relations: Developing a close relationship with school staff :is critical to the success of the Program. Contractor will communicate regularly with sch,00li staff to ensure school staff is fully aware of Program activities. q) Collaboration: Contractor will collaborate with other appropriate persons and entities to provide an effective, meaningful Program in the National School Distriicrt. Sucl collaboration shall include, but not be limited to, the National City Public Libraiy. parents and local community partners... Contractor will promote cooperation coordination among and between school sites and all personnel involved in Program activities. 3. DISTRICT RESPONSIBILITIES: In connection with this Agreement District: shalll perform the following activities: a) Facilitate communication of the Program mission, goals and objectives it:o al participating school sites, and in particular to principals, teachers, other school staff, parent -teacher organizations, school site councils and parents. b) Promote cooperation and coordination among and between school sites and sIlk personnel involved in Program activities. c) Designate a staff liaison as a key contact for Contractor. d) Coordinate the daily delivery of snacks for participating children throve) Cal Nutrition Services. e) Negotiate and implement contracts for karate, dance and music coaches. 4. PERIOD OF PERFORMANCE: The services to be performed by Contractor, as set forth herein, shall commence on July 1, 2003, and end on June 30, 2004, unless terminated sooner in accordance with the provisions of this Agreement. This Agreement will automatically renew each year for an additional 12-month period unless either Party chooses to terminate by providing thirty (30) days written notice prior to the end of the term. 5. FEE: The District shall pay to the Contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, and including any applicable sales, use of other taxes or costs, the sum of ($356,625), Three Hundred Fifty Six Thousand Six Hundred Twenty Five Dollars and No Cents. 6. EXPENDITURES: The Contractor will be required to provide substantiation for all expenditures claimed for reimbursement in the form of receipts and invoices. Contractor is allowed to charge a 5% administrative markup over claimed expenditures. 7. METHOD OF PAYMENT: Contractor shall be reimbursed for eligible expenditures within thirty days of receipt of invoices at the end of each quarter. Invoices shall be submitted for the quarters ending on September 30, 2003, December 31, 2003, March 31, 2004, and the last day of the school year. In order to receive reimbursement for expenditures, quarterly invoices must be accompanied by written documentation substantiating claimed expenditures. The final payment to Contractor shall be withheld until the final invoice with substantiating documentation has been received by the District. 8. STATE REQUIREMENTS: Contractor shall comply with all requirements set forth by the State Department of Education, After -School Education and Safety Program grant. This will include, but not be limited to, program reporting requirements, contract compliance, allowable expenses, fiscal reporting and program evaluations. 6 9. AUDITS: District will conduct an audit review of Contractor's Program annually n€a :hf'- term of this Agreement. Additionally, Contractor's Program may be audited b' D sr .ct att any time within three (3) years following iterrnin.ation of dais Agreement. If Con "ac: cr` is subject to audits from a source or sources other than t'. e District, Contractor shah copy of the audit to the District within thliray (30) days of completion aof the audit. 10. DISCONTINUANCE OF PROGR ad.�I: The District reserves the [right t-.: disco the :: Program at its sole discretion, for reasons inchutdr:rr.g, but no>t limited to the follow low attendance (25 students Or less), poor program quality,: ar at the request ota rs .a: r.c al principal. In such cases, a 30-day written notice will be provided to the Contractor, 11. RECORDS: Contractor shall maintain detailed administrative and `iscal records a re=' izcd - by the District in writing during the term lof this Agreement. Contractor shall alio �? School District authorized agents to inspect iits premises, Croaks, accounting payrolls, and other Program records for the purpose of auditing, monitoring, or t y a oak g tan Program. Contractor shall store such records and documents for a period of hare after submission of the final expenditure report, or until Wit audit findings have 1 ee z rtac i whichever is longer. During this period„ the District or its authorized agents shall hay e access to such records and documents at: any time. Ater the three eaats sto [age has expired or all audit findings have been, resolved, Contractor shaft l in e ine,r ea s it n^ 4.i tit% the District of its intent to dispose of Program records before any action is taken. 12. ORAL REPRESENTATIONS: This Agreement and. the exhibits acid reference; herein fully express all understandings of the parties concerning the matters it' No change, alteration, or modification of the terms or conditions of this Agree n verbal understanding of the parties, their officers, agents„ or employees, shall be rco Epp: a teai echer n:,ua• iv val d. ia;=,11 :5, made in the form of a written change or amendment to this Agreement which has been duly approved and executed in accordance with procedures described herein. 13. EQUAL OPPORTUNITY PROGRAM REQUIREMENTS a) Equal Employment Opportunity: Contractor hereby agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086; the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations hereafter enacted. Contractor will not discriminate against any 3 employee or applicant for employment on any basis prohibited by law. Upon request by District, Contractor agrees to submit a current Workforce Report or an Equal Employ- ment Opportunity Plan. Contractor understands that failure to comply with the above requirements and/or submitting false information in response to these requirements may result in termination of this Agreement. b) Nondiscrimination: Contractor agrees not to discriminate in any manner against any person or persons on account of race, color, religion, gender, sexual orientation, medical status, national origin, age, marital status, or disability in Contractor's performance of this Agreement, including, but not limited to, the providing of services, privileges, facilities, advantages, and accommodations. c) Equal Contracting Opportunity: Contractors shall ensure that any subcontractors comply with these provisions. Nothing in this section shall be interpreted to hold a prime contractor liable for any discriminatory practice of its subcontractors. 14. INDEPENDENT CONTRACTOR: Contractor is an independent Contractor hereunder, and nothing contained herein shall be construed as creating a relationship of employer and 8 employee between the parties. Contractor shall notify all prospective subcontractors car irs independent status hereunder. 15. ASSIGNABILITY: Contractor shall not: assigi car subs ooh:act a y of tfre work o ' ''"u to be performed under this Agreement, or expend any Minels fiar such purpose without o:i.or written approval of the District. Contractor shall provide the District. copies of a'+,l subcontracts entered into under the terms of this ..Agreement. 16. HOLD HARMLESS: Contractor agrees to defend, indemnify, protect and hose the Distric': and its agents, officers and employees harmless from and. against any and all ciain:n.s asserted or liability established for damages or injuries '6a any person or property, including in cry t Contractor's employees, agents or officers which anise from car are connected with or caused or claimed to be caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or serrioes herein, and all expenses of invest:igoting and defending against same; provided, however, that. Contractor's duty to Male] A ' ar harmless, shall not include any claims or liability arising .from the established se le Leg! i gear c or willful misconduct of the District, its agents;, officers or employees. 17. INSURANCE: Contractor shall obtain. and keep iin force during the period of if is Agreement, a policy of comprehensive public liability ins ranoce richLins; ures Centracrof against any and all claims of liability, including accident, inittly 'c:r death arising from the provision of Program services, or from the ownership, use„ operation, maintenance, arc administration of School District premises and all areas appurtenant thereto. Such insurance shall be in an amount of not less than OII[E MILLPON :D4)]C.L ,O RS ('$1,0O0,000) for rr:a injury or death of, any person or persons in any accident or occurrence, and. shall name District as an additional insured. Contractor's public agency self-insurance program sha 0 considered to satisfy this requirement and contractor warrants that self-insurance program meets requirements of this paragraph. 18. WORKERS' COMPENSATION: Contractor agrees to procure and maintain in full force and effect a Workers' Compensation Insurance program covering its employees and agents while these persons are participating in the activities hereunder. In the event a claim under the provisions of the California Workers' Compensation Act is filed against District by a bona fide employee of Contractor participatingunder this Agreement, Contractor agrees to defendand indemnify the District from such claim, subject to Contractor's right to seek reimbursement from District for awards for injury to the covered employee arising out of dangerous or unsafe conditions at a District site. 19. DRUG -FREE WORKPLACE: Contractor shall publish a statement, notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the work place, and specifying the actions that will be taken against employees for violations of the prohibition. Contractor shall establish a drug -free awareness program to inform employees about all of the following: a) The dangers of drug abuse in the workplace b) The organization's policy of maintaining a drug -free workplace c) Any available drug counseling, rehabilitation, and employee assistance program d) The penalties that may be imposed upon employees for drug abuse violations Contractor shall post the drug -free policy in a prominent place. Contractor shall include language in each subcontract executed in connection with this Agreement which indicates the subcontractor's agreement to abide by provisions of the drug -free workplace program. 10 Contractor and subcontractors shall be individually responsible ilb:r their o 7 `n-! free workplace program. 20. TERMINATION OF AGREEMENT: Diistrict or Contractor may terminate tin by giving written notice to the other party thirty (30) days prior to the effeetivn `-a:e termination. District may terminate this Agreement at any time: t.l' d,.:'rantr aetnr ftl tsl Qo = me.t or fulfill its obligations hereunder. In the event of termination by either party,, District's liability shall be limited to reimbursement for the eligible monthly expenditures for work or services performed, plus adthinistrative markup, up to the date of terrriin.a d eta 21. EVALUATIONS: The effectiveness and success of each 'program will be rsieae a:P d by overall compliance with Agreement terms, daily attendance, variety and. lotenest of ernf rarer content, and satisfaction of participants, parents and. sclocol. administrators. A. :desired outcome will be improved test scores and increased daily sid 1aool ;attendance as vnco i... A. by the District. Additional evaluations may be required b.v' tlie State as tcrF°_, requirement. Contractor agrees to cooperate aurdd e:omply with all.. evalu.atiora of the Program. 22. JOINT ADVISORY PANEL: The parties agree that a joint advisory isory pel cot >ascii. of the Literacy Coordinator and WINGS Coordinator from the National. City Pubbc Library, slid the Assistant • Superintendent for Educational Services and. the iExteni.ed Lear in g Opportunities Coordinator from the National School. District, shall provide advi,d�c ri.f respect to the Program provided for by this Agreement. 23. NOTICES: Notices required under this agreement Shall he sent t:: the City 41a. t_ager 'af National City, 1243 National City Blvd., National City, CA 91950 rand to theAs:siste. Superintendent —Business Services, National School District, 1500 N Avenue, National City CA 91950. NATIONAL CITY NATIONAL SCHOOL DISTRICT Signature Signature Nick Inzunza Print Name Mayor F Assistant Superintendent —Business Services Title Michael Castanos Print Name Title May 14, 2003 Date Governing Board Approval Date 12 City of National City COUNCIL AGENDA STATEMENT MEETING DATE: July 15, 2003 AGENDA ITEM NO. 11 ITEM TITLE: RESOLUTION NO. 2003- : AUTHORIZING THE MAYOR TO EXECUTE CERTAIN DOCUMENTS REQUIRED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO SECURE A SECTION 108 LOAN FOR THE PURPOSE OF CONSTRUCTING A NEW MAIN FIRE STATION PREPARED BY: Paul Desrocher11/16A. DEPARTMENT Community Development Commission Executive Directo ‘Vg. 336.4250 EXPLANATION: The City of National City has been approved by HUD to obtain a $6.9 million loan for the purpose of constructing a new main fire station at 16th Street and D Avenue. In order to secure the funding now, the Mayor must be authorized by the City Council to execute a Promissory Note (Exhibit "A") and a Contract for Loan Guarantee Assistance (Exhibit "B"). In addition, an opinion of counsel (Exhibit "C/ will be required from the City Attorney. These documents must be received by HUD on or before July 22, 2003 to meet the deadline of August 7, 2003 Public Offering Date for sale of the Notes which will fund the 108 Loan. Final costs including trustee, underwriting, legal, printing (etc...) will not be known until one week before the Public Offer- ing Date. However, it is anticipated that these costs will not exceed $47,000. These costs will be added to the loan. HUD will require that loan repayments be made from CDBG entitlement funds, unless the City desires to repay the loan from an alternative source of revenue. HUD will also require a first trust deed lien on the new fire station facility. The interest charged on the loan over the 20 year period is unknown. However, the annual payment based on the 2002 Public Offering at an interest rate of 4.79% would be $536,820. The current rate, again is unknown; however based on current market conditions and rates that are more favorable, an interest rate of 3.75% could be possible bringing the an- nual payment down to $490,912. Of course, a lower rate will yield a lower payment and a higher rate will yield a higher payment. For comparative purposes, the 20-year AAA rated tax-exempt bond is at an interest rate of 4.65% today; the average rate is approximately 4.50% including costs of issuance. Continued on attached page j Environmental Review X NIA Financial Statement Annual payments over the next 20 years will be required to repay the principal amount of the $6.9 million loan, plus inter- est. The likely source of repayment will be CDBG funds, however, the City/CDC does have the option to repay the loan from alternate sources. In either case, HUD will require CDBG funds as repayment if other sources are not available. r STAFF RECOMMENDATION Approve above -subject resolution. BOARD/COMMISSION RECOMMENDATION N/A. ATTACHMENTS (Listed Below) Exhibit "A" - Promissory Note Exhibit "B" - Contract for Loan Guarantee Assistance Exhibit "C" - Opinion of Legal Counsel Resolution No. 2003-103 Explanation continued: Although called a HUD loan, the Section 108 Program is actually a mechanism where HUD sells bonds in the financial market. The offering is underwritten by Credit Suisse First Boston, UBS Warburg and Merrill Lynch & Co. HUD, through approved legislation, guarantees trust certificates that are backed by a trust composed of notes and other obligations guaranteed under Section 108. National City's note will be included in a trust together with notes from other jurisdictions from around the country. This bond issue is dictated by the Trust Agreement and the Amended and Restated Master Fiscal Agency Agreement whereby the City consents to JP Morgan as trustee and agrebs to the terms of Public Offering, including the Trust Agreement. The Trust Agreement provides the duties and responsibilities of the Trustee. It should also be noted that at the time of the writing of this report, the current President's HUD Budget does not include funding for Section 108 Loans for next year. Although this could be revised via the Congressional process, this type of financing may not be available to the City of National City in future years. RESOLUTION NO. 2003 —103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A NOTE,. A CONTRACT FOR LOAN GUARANTEE ASSISTANCE, AND OTHER APPLICABLE DOCUMENTS TO SECURE A $6.9 MILLION LOAN UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, FOR THE CONSTRUCTION OF A NEW MAIN FIRE STATION WHEREAS, the City has been approved by the U.S. Department of Housing and Urban Development to obtain a $6.9 Million loan under Section 108 of the Housing and Community Development Act of 1974, as amended, for the construction of a new main Fire Station; and WHEREAS, in order to secure loan funding, the Mayor must be authorized by the City Council to execute a Note, a Contract for Loan Guarantee Assistance, and other applicable documents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Note, a Contract for Loan Guarantee Assistance, and other applicable documents for the purpose of securing a $6.9 Million loan under Section 108 of the Housing and Community Development Act of 1974, as amended, for the construction of a new main Fire Station. Said Note and Contract are on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George h . Eiser, Ill City Attorney City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 July 15, 2003 Honorable Mel Martinez Secretary of Housing and Urban Development 451 7r' Street, SW Washington, DC 20410-0001 Dear Secretary Martinez: The undersigned, being duly licensed and in good standing to practice law in the State of California, is legal counsel to the City of National City ("Borrower"). As such, I have represented the Borrower regarding that certain promissory note, referred to as Note No. B-00-MC-06-0560, in the Aggregate Principal Amount of $6,900,000 ("Note"), to be executed by the Borrower payable to the order of the Registered Holder thereof, and to be guaranteed by the Secretary of Housing and Urban Development ("HUD") under Section 108 of the Housing and Development Act of 1974, as amended, 42 U.S.C. 5308 ("Section 108"). The Note will be included in a trust created by HUD (together with other Section 108 Notes issued by other borrowers), and trust certificates based on the trust will be sold in the Series 2003-A public offering by underwriters selected by HUD. HUD's guarantee of the Note will be governed by the Contract for Loan Guarantee Assistance under Section 108 between the Borrower and HUD (the "Contract"), in which the Borrower pledges Community Development Block Grants pursuant to 24 CFR 570.705(b)(2), as well as any other security specified in the Contract, as security for HUD's guarantee. In my capacity as legal counsel, I have made an examination and investigation of all such matters of fact and questions of law as I consider necessary or advisable to enable me to render the opinion hereafter set forth. Specifically, and without limiting the generality of the foregoing, I have examined: 1. A Resolution of the governing body of Borrower dated July 15, 2003, authorizing Borrower to enter into this transaction, and authorizing Nick Inzunza, Mayor of the City of National City to execute on behalf of Borrower all documents necessary or desirable to accomplish the transaction. ® Recycled Paper Honorable Mel Martinez July 15, 2003 Page Two 2. The Contract 3. The Note 4. The Trust Agreement, the Amended and Restated Master Fiscal Agency Agreement, and the form of Supplement to the Trust Agreement to be executed by the Secretary of HUD for the closing of the Public offering. Based on the foregoing investigation and authorities, I am of the opinion that: 1. Borrower has authorized in accordance with applicable State and local law, the transaction, including issuance of the Note, the pledge of grant funds, and the execution of all documents necessary or desirable to accomplish the transaction. 2. Borrower has authorized Nick lnzunza, in his capacity as Mayor, to execute the Contract, the Note and all other documents necessary or desirable to accomplish the transaction. 3. The Note and the Contract have been duly executed by the aforementioned authorized representative of the Borrower, and upon delivery thereof, due execution of the Contract and Guarantee on behalf of HUD, and receipt of the loan proceeds on behalf of the Borrower, the Note and Contract shall be valid, binding and enforceable obligations of the Borrower. 4. The pledge of present and future Community Development Block Grants by the Borrower pursuant to 24 CFR 570.705(b)(2) and the Contract is valid. 5. There is no outstanding, or to my knowledge threatened, action, suit, proceeding, investigation or litigation by or against the Borrower that will affect the validity of the Note or the security therefor. Sincerely, ZE GEORGE H. EISER, Ill City Attorney GHE/gmo Fixed Rate Note 2003-A 5-29-03 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Fixed Rate Note for Series 2003-A Certificates BORROWER: City of National City, CA NOTE NO. B-00-MC-06-0560 REGISTERED HOLDER: JPMORGAN CHASE BANK AGGREGATE PRINCIPAL AMOUNT: S6,900,000 DATE: For value received, the undersigned, the City of National City (the "Borrower," which term includes any successors or assigns), a public entity or agency organized and existing under the laws of the State (or Commonwealth, if applicable) of California, promises to pay to the order of JPMORGAN CHASE BANK, as Registered Holder (the "Holder," which term includes any successors or assigns), the Principal Amounts set forth on the attached Schedule P&I as of each applicable Principal Due Date set forth therein, together with interest on such unpaid Principal Amounts at the rates applicable thereto as specified on such attached Schedule P&I. Interest shall be calculated and payments shall be made in the manner set forth below. The Holder is acting hereunder on behalf of a trust (the "Trust") created pursuant to a Trust Agreement by and between the Secretary of Housing and Urban Development (the "Secretary") and Chemical Bank (now known as JPMorgan Chase Bank), as trustee (the "Trustee"), dated as of January 1, 1995, as amended (the "Trust Agreement"), as supplemented by the applicable Supplement to the Trust Agreement, by and between the Secretary and the Trustee. A. Principal and Interest Interest on a Principal Amount of this Note that is due as of a given date specified on the Schedule P&I attached hereto (such date, the "Principal Due Date" for such Principal Amount) shall accrue at the per annum rate specified on such Schedule P&I from (and including) the date hereof to (but excluding) such Principal Due Date or, if applicable, to the applicable Interest Due Date on which an Optional Redemption (as defined below) occurs. The aggregate of the interest amounts accrued on the entire unpaid Principal Amount of this Note shall be due semiannually as of February 1 and August 1 of each year (each, an "Interest Due Date"), commencing on February 1, 2003, until the Aggregate Principal Amount listed on the Schedule P&I attached to this Note is paid in full. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. 3 Fixed Rate Note 2003-A 5-29-03 B. Optional Redemption Certain Principal Amounts indicated as being eligible for Optional Redemption on the Schedule P&I hereto may be paid, in whole or in part, at the option of the Borrower as of any Interest Due Date on or after the date specified in such Schedule (an "Optional Redemption"). In order to elect an Optional Redemption of a redeemable Principal Amount, the Borrower shall give notice of its intention to redeem a Principal Amount to the Trustee and the Secretary not less than 60 days nor more than 90 days prior to the Interest Due Date as of which the Borrower intends to redeem the Principal Amount. The Trustee shall apply any payments received in respect of Optional Redemptions in accordance with written instructions of the Borrower, as approved by the Secretary. Principal Amounts that are not indicated as being eligible for Optional Redemption on such Schedule may not be prepaid. C. Additional Definitions For purposes of this Note, the following terms shall be defined as follows: "Business Day" shall mean a day on which banking institutions in New York, New York, are not required or authorized to remain closed and on which the Federal Reserve Bank and the New York Stock Exchange are not closed. If any payment (including a payment by the Secretary) is required to be made on a day that is not a Business Day, then payment shall be made on the next Business Day. "Contract" shall mean the Contract for Loan Guarantee Assistance, and any amendments thereto, between the Secretary and the Borrower, the designated public entity named therein (if applicable), or the State named therein (if applicable), which refers to and incorporates this Note by the number hereof. D. Borrower's Timely Payment to Trustee Notwithstanding anything contained in this Note, the Borrower, in accordance with the Contract, shall be required to make all payments of interest and principal, including any Optional Redemption payments, directly to the Trustee on the seventh Business Day prior to the appropriate Interest Due Date, Principal Due Date or date of Optional Redemption, as applicable. E. Interest on Late Payments If a payment of principal or interest herein provided for has not been duly received by the Holder from either the Borrower or the Secretary by the close of business on the applicable Interest Due Date or Principal Due Date, interest shall accrue on the amount of such payment at the applicable interest rate or rates payable on this Note, from the relevant due date until the date such payment is made. Nothing in the immediately preceding sentence shall be construed as permitting or implying that the Borrower may, without the written consent of the Holder and the Secretary, modify, extend, alter or affect in any manner whatsoever the right of the Holder timely to receive any and all payments of principal and interest specified in this Note. 2 Fixed Rate Note 2003-A 5-29-03 F. Applicability of Fiscal Agency Agreement and Trust Agreement This Note and payments made hereunder shall be administered pursuant to the terms of the Trust Agreement and are subject to such agreement. The terms and provisions of the Trust Agreement, insofar as they affect the rights, duties and obligations of the Holder and/or the Borrower, are hereby incorporated herein and form a part of this Note. Capitalized terms not defined in this Note shall have the meanings ascribed to them in Trust Agreement. The Amended and Restated Master Fiscal Agency Agreement dated as of May 17, 2000, between the Secretary and The Chase Manhattan Bank (now known as JPMorgan Chase Bank), as Fiscal Agent (the "Fiscal Agency Agreement") provides for JPMorgan Chase Bank, acting as Fiscal Agent to perform certain duties, including the duties of registrar for this Note until this Note is canceled or a new registrar appointed in accordance with the Fiscal Agency Agreement. The Trust Agreement provides for the Trustee to perform certain duties, including the duties of paying agent and collection agent for this Note until a new Trustee is appointed in accordance with the Trust Agreement. This Note may be surrendered to the Fiscal Agent for registration of transfer or exchange, as provided in the Fiscal Agency Agreement. The Fiscal Agent and the Trustee shall permit reasonable inspection to be made of a copy of the Fiscal Agency Agreement or Trust Agreement kept on file at its corporate trust office. Neither the Fiscal Agency Agreement nor the Trust Agreement shall change the Borrower's payment obligations under this Note. G. Applicability of Contract and Secretary's Guarantee This Note evidences indebtedness incurred pursuant to and in accordance with the Contract and pursuant to Section 108 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5308) (the "HCD Act"). This Note is subject to the terms and provisions of the Contract, to which Contract reference is hereby made for a statement of said terms and provisions and for a description of the collateral security for this Note. The payment of principal on the applicable Principal Due Dates and of interest on the applicable Interest Due Dates under this Note is unconditionally guaranteed by the Secretary to the Holder through a guarantee (the "Guarantee"). Execution of the Secretary's Guarantee is required before this Note is effective, and such Guarantee shall be issued pursuant to and in accordance with the terms of the Contract and Section 108 of the HCD Act. H. Default A default under this Note shall occur upon failure by the Borrower to pay principal or interest on this Note when due to the Trustee hereunder. On any Interest Due Date on or after the first permissible Optional Redemption Date, if either (i) a Borrower defaults on the payment of any interest or Principal Amount when due or (ii) the Secretary gives notice of a final decision to declare the Borrower in default pursuant to the following paragraph, then the Secretary may, but is not obligated to, make an acceleration payment to the Trustee equal to the Aggregate Principal Amount of the Note, together with accrued and unpaid interest thereon to such Interest Due Date. The Secretary shall give notice of such payment on the fourteenth Business Day preceding such Interest Due Date and shall make such payment on the seventh Business Day preceding such 3 Fixed Rate Note 2003-A 5-29-03 Interest Due Date. In the event that any such acceleration payment is made from sources other than funds pledged by the Borrower as security under the Contract (or other Borrower funds), the amounts paid on behalf of the Borrower shall be deemed to be immediately due and payable to the Secretary. Nothing in this paragraph shall be construed as permitting or implying that the Borrower may, without the written consent of the Holder and the Secretary, modify, extend, alter or affect in any manner whatsoever the right of the Holder timely to receive any and all payments of principal and interest specified in this Note. In addition, the Secretary may declare the Borrower in default under this Note if the Secretary makes a final decision in accordance with the provisions of 24 CFR § 570.913 (or any successor regulation thereof), including requirements for reasonable notice and opportunity for hearing, that the Borrower has failed to comply substantially with Title I of the HCD Act. Following the giving of such reasonable notice, the Secretary may take the remedial actions specified as available in the relevant provisions of the Contract pending the Secretary's final decision. I. Holder's Reliance on Guarantee Following a default by the Borrower under the terms of this Note, the Holder agrees to rely wholly and exclusively for repayment of this Note upon the Guarantee. The enforcement of any instruments or agreements securing or otherwise related to this Note shall be the sole responsibility of the Secretary, and the Holder ¢hall not be responsible for the preparation, contents or administration of such instruments and agreements, or for any actions taken in connection with such instruments and agreement. The Holder, to the extent it is legally able to do so, shall bind or cause to be bound its successors and assigns to all limitations imposed upon the Holder by this Note. J. Amendment This Note may only be amended with the prior written consent of the Secretary and the Borrower. No such amendment shall reduce, without the prior written consent of the Holder of this Note, in any manner the amount of, or delay the timing of, payments required to be received on this Note by the Holder or Trustee, including Guarantee Payments. K. Waivers The Borrower hereby waives any requirement for presentment, protest or other demand or notice with respect to this Note. The Borrower hereby waives notice of default and opportunity for hearing for any failure to make a payment when due. L. Delivery and Effective Date This Note is deemed issued, executed, and delivered on behalf of the Borrower by its authorized official as an obligation guaranteed by the Secretary pursuant to Section 108 of the HCD Act, effective as of the date of the Secretary's Guarantee. 4 Fixed Rate Note 2003-A 5-29-03 M. Borrower Specific Provisions [This space intentionally left blank] lilt: UNDERSIGNED, as'an authorized official of the Borrower, has executed and delivered this Note. City of National City, CA BORROWER By: (Signature) (Name) (Title) 5 Fixed Rate Note 2003-A 5-29-03 Principal Amount Principal Due Date SCHEDULE P&I Borrower: City of National City, CA Note No. B-00-MC-06-0560 Interest Rate Optional Redemption Available $170,000 August 1, 2004 170,000 August 1, 21i05 180,000 August 1, 2006 195,000 August 1, 2007 210,000 August 1, 2008 225,000 August 1, 2009. 245,000 August 1, 2010 260,000 August 1, 2011 280,000 August 1, 2012 305,000 August 1, 2013 325,000 August 1, 2014 350,000 August 1, 2015 380,000 August 1, 2016 410,000 August 1, 2017 440,000 August 1, 2018 475,000 August 1, 2019 510,000 August 1, 2020 545,000 August 1, 2021 590,000 August 1, 2022 635,000 August 1, 2023 $6,900,000 = Aggregate Principal Amount YES >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 >4 X >4 >4 X X 6 Principal Amounts due on or after August 1, 2014, for which Optional Redemption is available may be redeemed, subject to the terms contained herein and in the Trust Agreement, on any Interest Due Date on or after August 1, 2013. Contract for Fixed Rate Note, Entitlement, 5-29-03 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C. §5308 For Series HUD 2003-A Certificates This Contract for Loan Guarantee Assistance ("Contract") is entered into by the City of National City. CA, as Borrower (the "Borrower"), and the Secretary of Housing and Urban Development ("Secretary"), as guarantor for the Guarantee made pursuant to section 108 ("Section 108") of title I of the Housing and Community Development Act of 1974, as amended (the "Act") and 24 CFR Part 570, Subpart M, of the promissory note executed contemporaneously herew4th and numbered B-00-MC-06-0560, in the Aggregate Principal Amount of $6,900,000, and any amended note or note issued in substitution for such'note and having the same note number (the "Note"). This is the first Contract under the Funding Approval ("Commitment") of the same number, which was approved by the Secretary on May 7, 2001. Such Aggregate Principal Amount will be paid or credited to the account of the Borrower pursuant hereto (including any funds used to pay off prior interim notes refinanced by the Note), and all such amounts are collectively referred to herein as the "Guaranteed Loan Funds." The Note (including the Fiscal Agency Agreement and the Trust Agreement as defined in the Note and incorporated therein) is hereby incorporated into the Contract. Terms used in the Contract with initial capital letters and not otherwise defined in the text hereof shall have the respective meanings given thereto in the Note. The Fiscal Agency Agreement and the Trust Agreement are sometimes collectively referred to herein as the "Fiscal Agency/Trust Agreements," and the Fiscal Agent and the Trustee are sometimes collectively referred to as the "Fiscal Agent/Trustee." PART I . A. The Note. The Note is payable to the Trustee as Registered Holder. On the Public Offering Date, it is expected that trust certificates backed by the Noteand similar notes issued by other Section 108 borrowers, denominated "Section 108 Government Guaranteed Participation Certificates Series HUD 2003-A," will be purchased for a purchase price of the full Aggregate Principal Amounts thereof by underwriters selected by the Secretary (the "Underwriters") pursuant to an Underwriting Agreement between the Underwriters and the Secretary, at a closing on such Public Offering Date as determined by the Secretary and the Underwriters. The Borrower agrees that the interest rate at which the trust certificate of a specified maturity is sold to the Underwriters shall be the interest rate inserted on the Contract for Fixed Rate Note, Entitlement, 5-29-03 2 Public Offering Date in Schedule P&I of the Note for the Principal Amount of corresponding maturity. The Note shall be effective as an obligation of the Borrower only upon its delivery by the Secretary to the Fiscal Agent/Trustee and sale to the Underwriters at the closing on the Public Offering Date. The Borrower authorizes the Secretary to deliver the Note, together with the Secretary's Guarantee thereof, to the Fiscal Agent/Trustee as of such closing on the Public Offering Date, in accordance with the Fiscal Agency/Trust Agreements. After the Public Offering Date, the Borrower agrees that the Trustee pursuant to the Trust Agreement will maintain the books and records of all payments on the Note and all Principal Amounts and interest rates on such Principal Amounts. B. Consents. By execution of this Contract, the Borrower ratifies and consents to the Secretary's selection of the Underwriters and authorizes the Secretary to negotiate with the Underwriters the terms of the Underwriting Agreement and of the public offering of interests in the trust certificates to investors (including the applicable interest rates). In addition, by execution hereof the Borrower ratifies and consents to the Secretary's selection of the Fiscal Agent/Trustee and agrees to the respective terms of the Fiscal Agency/Trust Agreements. [Rest of page intentionally left blank] Contract for Fixed Rate Note, Entitlement, 5-29-03 3 PART II 1. Receipt, Deposit and Use of Guaranteed Loan Funds. (a) Except for fees and charges deducted on the Public Offering Date pursuant to paragraph 4(a) by the Fiscal Agent/Trustee, or funds used to pay off any interim note refinanced by the Note, the Guaranteed Loan Funds shall be electronically transferred in accordance with the Borrower's instructions for deposit in a separate, identifiable custodial account (the "Guaranteed Loan Funds Account") with a financial institution whose deposits or accounts are Federally insured. The Guaranteed Loan Funds Account shall be established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Account" (Attachment 1) and shall be continuously maintained for the Guaranteed Loan Funds. Such Letter Agreement must be executed when the Guaranteed Loan Funds Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) The Borrower shall make withdrawals from said account only for payment of the costs of Section 108 activities approved by HUD, for transfer to the Loan Repayment Account or for the temporary investment of funds pursuant to this paragraph 1(a). Such temporary investment of funds into the Guaranteed Loan Funds Investment Account shall be required within three Business Days after the balance of deposited funds exceeds the amount of the Federal deposit insurance on the Guaranteed Loan Funds Account. At that time, any balance of funds in the Guaranteed Loan Funds Account exceeding such insurance coverage shall be fully (100%) and continuously invested in Government Obligations, as defined in paragraph 10 hereof, held in the Guaranteed Loan Funds Investment Account. All temporary investments, whether or not required as above, shall be limited to Government Obligations having maturities that are consistent with the cash requirements of the approved activities. In no event shall the investments mature on or after November 30, 2004, or have maturities which exceed one year. All such investments shall be held in trust for the benefit of the Secretary by the above financial institution in an account (the "Guaranteed Loan Funds Investment Account") established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Investment Account" (Attachment 2), which account shall be maintained for all Government Obligations purchased with funds from the Guaranteed Loan Funds Account. The Guaranteed Loan Funds Investment Account need only be established if and when the Contract for Fixed Rate Note, Entitlement, 5-29-03 4 Borrower is required to invest, or otherwise invests, the Guaranteed Loan Funds in Government Obligations. Such Letter Agreement must be executed when the Guaranteed Loan Funds. Investment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) All proceeds and income derived from such investments shall be returned to the Guaranteed Loan Funds Account. All funds in the Guaranteed Loan Funds Account or the Guaranteed Loan Funds Investment Account must be withdrawn and disbursed by the Borrower for approved activities by. November 30, 2004. Any funds remaining in either Account after this date shall be immediately transferred to the Loan Repayment Account established pursuant to paragraph 6 of this Contract. (b) The Borrower shrill by the fifteenth day of each month provide the Secretary with a written statement showing the balance of funds in the Guaranteed Loan Funds Account and the withdrawals from such account during the preceding calendar month, and a statement identifying the obligations and their assignments in the Guaranteed Loan Funds Investment Account, until such Accounts are fully disbursed. (c) Upon the Secretary giving notice that the Borrower is in Default under this Contract or the Note, all right, title, and interest of the Borrower in and to the Guaranteed Loan Funds and Guaranteed Loan Funds Investment Accounts shall immediately vest in the Secretary for use in making payment on the Note, purchase of Government. Obligations in accordance with paragraph 10, or payment of any other obligations of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, in each case as elected by the Secretary in his sole discretion. 2. Payments Due on Note. The Borrower shall pay to the Fiscal Agent/Trustee, as collection agent for the Note, all amounts due pursuant to the terms of the Note. In accordance with the Note and the Fiscal Agency/Trust Agreements, payment shall be made by 3:00 P.M. (New York City time) on the seventh Business Day (the "Note Payment Date") preceding the relevant Interest Due Date or Principal Due Date (each as defined in the Note). If any Note Payment Date falls on a day that is not a Business Day, then the required payment shall be made on the next Business Day. Payment may be made by check or wire transfer. Upon final payment of all amounts due to Holders under the Note,. including any payment made by the Secretary pursuant to the Guarantee, the Fiscal Agent/Trustee is required by the Fiscal Agency/Trust Agreements to return the Note to the Secretary. Upon final payment to the Secretary of any amounts Contract for Fixed Rate Note, Entitlement, 5-29-03 5 due as a result of Guarantee Payments or otherwise due under this Contract, the Secretary will cancel and return the Note to the Borrower in discharge of the Borrower's obligations under the Note. 3. Selection of New Fiscal Agent or Trustee. The Secretary shall select a new Fiscal Agent or Trustee if the Fiscal Agent or Trustee resigns or is removed by the Secretary. The Borrower hereby consents in advance to any such selection and to any changes in the Fiscal Agency/Trust Agreements agreed to by any Fiscal Agent or Trustee and the Secretary, subject to paragraph 4(d) of this Contract. 4. Payments Due Fiscal Agent or Trustee; Documents to the Secretary. (a) The Borrower agrees to pay the Borrower's share, as determined by the Secretary, of the customary and usual issuance, underwriting, and other costs related to the public offering and future administration of the Note and the trust certificates, as approved by the Secretary, including the cost of reimbursement and/or compensation of the Trustee pursuant to the Trust Agreement, including Sections 3.11 and 7.01 thereof. In connection with the public offering, such payment shall either be made by wire transfer to the Trustee on the day prior to the Public Offering Date or shall be deducted from the Guaranteed Loan Funds on the Public Offering Date. (b) The Borrower shall submit to the Secretary not later than twelve (12) Business Days prior to the Public Offering Date applicable to the Note, this executed Contract, the executed Note, and an opinion acceptable to the Secretary from the Borrower's counsel to the effect that: (i) the governing body of the Borrower has authorized by resolution or ordinance, in accordance with applicable State and local law, the issuance of the Note and the execution of this Contract; (ii) the Note and this Contract are valid, binding, and enforceable obligations of the Borrower; (iii) the pledge of funds pursuant to 24 CFR §570.705(b)(2) and paragraph 5(a) of this Contract is valid and binding; and (iv) there is no outstanding litigation that will affect the validity of the Note or this Contract. In addition, the Borrower shall submit any other additional documents or opinions specifically required by this Contract (e.g., paragraph 5(c), or paragraph 15, et seq.), at the time required thereby. (c) The Borrower agrees to reimburse the Underwriters upon demand by the Secretary for the Borrower's share, as determined by the Secretary, of all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) incurred in connection with a proposed public offering, if the Underwriters incur such additional costs for Contract for Fixed Rate Note, Entitlement, 5-29-03 6 the public offering because the Borrower withdraws from the offering within ten Business Days of the Public Offering Date, or if the Borrower fails for any reason timely to submit in acceptable form any document required by this Contract (including paragraph 4(b)) to be submitted before the Public Offering Date. By execution and delivery of this Contract to the Secretary, the Borrower hereby expressly authorizes the Secretary to pay amounts due under this paragraph. from funds pledged under paragraph 5(a) of this Contract. (d) The undertakings in paragraphs 3 and 4 of this Contract are expressly subject to the requirement that the Fiscal Agency/Trust Agreements shall in no event require payment of fees or charges, reimbursement of expenses, or any indemnification by the Borrower from any source other than funds or other security pledged pursuant to paragraphs D (if applicable), 5, or 15, et seq., of this Contract.. 5. Security. The Borrower hereby pledges as security for repayment of the Note, and such other charges as may be authorized in this Contract, the following: • (a) All allocations or grants which have been made or for which the Borrower may become eligible under Section 106 of the Act, as well as any grants which are or may become available to the Borrower pursuant to Section'108(q). (b) Program income, as defined at 24 CFR 570.500(a)(or any successor regulation), directly generated from the use of the Guaranteed Loan Funds. (c) Other security as described in paragraph 15, et seq., or incorporated herein by paragraph D hereof, as applicable. (d) All proceeds (including insurance and condemnation proceeds) from any of the foregoing. (e) All funds or investments in the accounts established pursuant to paragraphs 1 and 6 of this Contract. 6. Loan Repayment Account. (a) All amounts pledged pursuant to paragraphs 5(b), 5(c), and 5(d) of this Contract shall be deposited immediately on receipt in a separate identifiable custodial account (the "Loan Repayment Account") with a financial institution whose deposits or accounts are Federally insured. The Loan Repayment Account shall be established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Account" (Attachment 1) and shall be maintained for such pledged funds. The Loan Repayment Account need only be Contract for Fixed Rate Note, Entitlement, 5-29-03 7 established if and when the Borrower receives amounts pledged pursuant to paragraph 5(b), 5(c) or 5(d). Such Letter Agreement must be executed when the Loan Repayment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) Borrower shall make withdrawals from said account only for the purpose of paying interest and principal due on the Note (including the purchase of Government Obligations in accordance with paragraph 10 hereof), for payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, or for the temporary investment of funds pursuant to this paragraph, until final payment and discharge of the indebtedness evidenced by the Note, unless otherwise expressly authorized by the Secretary in writing. Such temporary investment of funds shall be required within three Business Days after the balance of deposited funds exceeds the amount of the Federal deposit insurance on the Loan Repayment Account. At that time, any balance of funds in the Loan Repayment Account exceeding such insurance coverage shall be fully (100%) and continuously invested in Government Obligations, as defined in paragraph 10 hereof. All temporary investments, whether or not required as above, shall be limited to Government Obligations having maturities that are consistent with cash requirements for payment of principal and interest as required under the Note. In no event shall the maturities of such investments exceed one year. All such investments shall be held in trust for the benefit of the Secretary by the above financial institution in an account (the "Loan Repayment Investment Account") established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Investment Account" (Attachment 2), which account shall be maintained for all Government Obligations purchased with funds from the Loan Repayment Account. Such Letter Agreement must be executed when the Loan Repayment Investment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) All proceeds and income derived from such investments shall be returned to the Loan Repayment Account. (b) Borrower shall by the fifteenth day of each month, provide the Secretary with a written statement showing the balance of funds in the Loan Repayment Account and the deposits and withdrawals of all funds in such account during the preceding calendar month and a statement identifying the obligations and their assignments in the Loan Repayment Investment Account, for any month in which there are funds in such Accounts. (c) Upon the Secretary giving notice that the Borrower is in Contract for Fixed Rate Note, Entitlement, 5-29-03 8 Default under this Contract or the Note, all right, title, and interest of the Borrower in and to the Loan Repayment and Loan Repayment Investment Accounts shall immediately vest in the Secretary for use in making payment on the Note, purchase of Government Obligations in accordance with paragraph 10, or payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, in each case as elected by the Secretary in his sole discretion. 7. Use of CDBG or EDI Funds for Repayment. Any funds available to the Borrower under Section 106 of the Act (including program income derived therefrom) are authorized to be used by the Borrower for payments due on the Note, Optional Redemption (as defined in the Note), payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, or the purchase of Government Obligations in accordance with paragraph 10. Any funds specifically available to the Borrower for'such payments or as a debt service reserve under an EDI Grant Agreement pursuant to Section 108(q) of the Act which supports the eligible project(s) and activities financed by the Note may also be used therefor; any other use of Section 108(q) funds for such purposes shall require the prior written approval of the Secretary. Unless otherwise specifically provided herein or unless otherwise expressly authorized by the Secretary in writing, the Borrower shall substantially disburse funds available in the Loan Repayment or the Loan Repayment Investment. Accounts before funds from grants under Section 106 of the Act are withdrawn from the U.S. Treasury for such purposes. 8. Secretary's Right to Restrict Use of CDBG Funds to Repayment. Upon a determination by the Secretary that payments required by paragraph 2 and/or paragraph 4 of this Contract are unlikely to be made as specified, the Secretarymay give the Borrower notice that the availability to the Borrower of funds pledged under paragraph 5(a) of this Contract for purposes other than satisfaction of the pledge is being restricted. This restriction shall be in an amount estimated by the Secretary to be sufficient to ensure that the payments referred to in paragraph 2 and/or paragraph 4 hereof are made when due. This restriction may be given effect by conditioning the restricted amounts to prohibit disbursement for purposes other than satisfaction of the pledge at the time such restricted funds are approved as grants, by limiting the Borrower's ability to draw down or expend the restricted funds for other purposes, and by disapproving payment requests submitted with respect to such grants for purposes other than satisfaction of the pledge. 9. Secretary's Right to Use Pledged Funds for Repayment. The Secretary may use funds pledged under paragraph 5(a) of this Contract or funds restricted under grants pursuant to paragraph 8 of this Contract to make any payment required of the Borrower under paragraph 2 and/or paragraph 4, if such payment has not Contract for Fixed Rate Note, Entitlement, 5-29-03 9 been timely made by the Borrower. 10. Defeasance. For purposes of this Contract, the Note shall be deemed to have been paid (defeased) if there shall have been deposited with the Trustee either moneys or Government Obligations (defined below), which in the sole determination of the Secretary, mature and bear interest at times and in amounts sufficient, together with any other moneys on deposit with the Trustee for such purpose, to pay when due the principal and interest to become due on the Note. The Aggregate Principal Amount of the Note or any unpaid Principal Amount may be so defeased, in whole or in part, as of any Interest Due Date, or any other Business Day acceptable to both HUD and the Borrower. In accordance with the Note and the Trust Agreement, the Borrower shall give timely notice and written instructions to the Secretary and the Trustee concerning any principal amounts proposed to be defeased, including any Optional Redemptions proposed, which instructions shall be approved by the Secretary. If the unpaid Aggregate Principal Amount of the Note guaranteed pursuant to this Contract shall be defeased and deemed to have been paid in full, then the Borrower shall be released from all agreements, covenants, and further obligations under the Note. "Government Obligation" means a direct obligation of, or any obligation for which the full and timely payment of principal and interest is guaranteed by, the United States of America, including but not limited to, United States Treasury Certificates of Indebtedness, Notes and Bonds - State and Local Government Series or certificates of ownership of the principal of or interest on direct obligations of, or obligations unconditionally guaranteed by, the United States of America, which obligations are held in trust by a commercial bank which is a member of the Federal Reserve System and has capital and surplus (exclusive of undivided profits) in excess of $100,000,000. 11. Default. (a) A Default under the Note and this Contract shall occur upon failure by the Borrower to: (i) pay when due an installment of principal or interest on the Note; or (ii) punctually and properly perform, observe, and comply with any covenant, agreement, or condition contained in: (A) this Contract, (B) any security agreement, deed of trust, mortgage, assignment, guarantee, or other contract securing payment of indebtedness evidenced by the Note, or (C) any future amendments, modifications, restatements, renewals, or extensions of any such documents. (b) The Borrower waives notice of Default and opportunity for hearing with respect to a Default under paragraph 11(a). Contract for Fixed Rate Note, Entitlement, 5-29-03 10 (c) In addition to Defaults under paragraph 11(a), the Secretary may declare the Note in Default if the Secretary makes a final decision in accordance with the provisions of section 111 of the Act and 24 CFR 570.913 (or any successor provisions), including requirements for reasonable notice and opportunity for hearing, that the Borrower has failed to comply substantially with title I of the Act. Notwithstanding any other provision, following the giving of such reasonable notice, the Secretary may, in the Secretary's sole discretion pending the Secretary's final decision, withhold the guarantee of any or all obligations not yet guaranteed on behalf of the Borrower under outstanding commitments, and/or direct the Borrower's financial institution to: refuse to honor any instruments drawn upon, or withdrawals from, the Guaranteed Loan Funds Account or the Loan Repayment Account initiated by the Borrower, and/or refuse to release obligations and assignments by the Borrower from the Guaranteed Loan Funds Investment Account or the Loan Repayment Investment Account. 12. Remedial Actions. Upon a Default or declaration of Default under this Contract, the Secretary may, in the Secretary's sole discretion, take any or all of the following remedial actions: (a) With any funds or security pledged under this Contract, the Secretary may (i) continue to make payments due on the Note, (ii) make an acceleration payment with respect to the principal amount of the Note subject to Optional Redemption as provided in Section B of the Note, (iii) purchase Government Obligations in accordance with paragraph 10 of this Contract, (iv) pay any interest due for late payment as provided in the Note, this Contract, or the Fiscal Agency/Trust Agreements, (v) pay any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, and/or (vi) pay any reasonable expenses incurred by the Secretary or the Fiscal Agent/Trustee as result of the Borrower's Default. (b) The Secretary may withhold the guarantee of any or all obligations not yet guaranteed or the disbursement of any or all grants not yet disbursed in full under outstanding guarantee commitments or grant approvals for the Borrower under Sections 108 and/or 106 of the Act. (c) The Secretary may direct the Borrower's financial institution to: refuse to honor any instruments drawn upon, or withdrawals from, the Guaranteed Loan Funds Account or the Loan Repayment Account by the Borrower, and/or refuse to release obligations and assignments by the Borrower from the Guaranteed Loan Funds Investment Account or the Loan Repayment Investment Account; and/or direct the Borrower and/or the Borrower's financial institution to transfer remaining balances from the Guaranteed Loan Funds Account to the Loan Repayment Account. Contract for Fixed Rate Note, Entitlement, 5-29-03 11 (d) With respect to amounts subject to Optional Redemption, the Secretary may accelerate the Note. (e) The Secretary may exercise any other appropriate remedies or sanctions available by law or regulation applicable to the assistance provided under this Contract, or may institute any other action available under law, to recover Guaranteed Loan Funds or to reimburse the Secretary for any payment under the Secretary's Guarantee or any reasonable expenses incurred by the Secretary as a result of the Default. (f) All notices and submissions provided for hereunder shall be in writing (including by telex, telecopier or any other form of facsimile communication) and mailed or sent or delivered, as to each party hereto, at its address set forth below or at such other address as shall be designated by such party in a written notice to the other party hereto. All such notices and other communications shall be effective when received as follows: (i) if sent by hand delivery, upon delivery; (ii) if sent by mail, upon the earlier of the date of receipt or five Business Days after deposit in the mail, postage prepaid; (iii) if sent by telex, upon receipt by the sender of an answer back; and (iv) if sent by telecopier, upon confirmed receipt. The Secretary: U.S. Dept. of Housing and Urban Development Attention: Paul Webster, Director Financial Management Division 451 7th Street, SW, Room 7180 Washington, DC 20410 Borrower: Ben Martinez, Assistant Director Community Development Commission of National City 140 East 12tI St., Suite B National City, CA 91950 13. Limited Liability. Notwithstanding any other provision of this Contract, the Fiscal Agency/Trust Agreements or the Note, any recovery against the Borrower for any liability for amounts due pursuant to the Note, the Fiscal Agency/Trust Agreements and this Contract shall be limited to the sources of security pledged in paragraphs D, 5, or any Special Conditions of this Contract, as applicable. Neither the general credit nor the taxing power of the Borrower, or of the State in which the Borrower is located, is pledged for any payment due under the Note, the Contract, or the Fiscal Agency/Trust Agreements. 14. Incorporated Grant Agreement. The Contract and the Note are Contract for Fixed Rate Note, Entitlement, 5-29-03 12 hereby incorporated in and made a part of the Grant Agreement authorized by the Secretary on June 27, 2000 under the Funding Approval for grant number B-00-MC-06-0560 to the Borrower. In carrying out activities with the Guaranteed Loan Funds hereunder, the Borrower agrees to comply with the Act and 24 CFR Part 570, as provided in Subpart M thereof. 15. Special Conditions and Modifications: (a) Paragraph 5(c) of the Contract is amended by deleting the paragraph as written in its entirety and substituting therefor the following: "(c) A sole first priority lien in the name of the Secretary on the real property described in Attachment 3 hereof (the `Property'), established through an, appropriate and properly recorded deed of trust (the 'Deed of Trust'). The Deed of Trust shall contain such provisions as the Secretary deems necessary. "- (b) Guaranteed Loan Funds shall be used by the Borrower to carry out the following eligible activities, known as the 16th Street Main Fire Station, on the Property: (i) acquisition of real property, pursuant to 24 CFR 570.703(a); (ii) payment of relocation expenses, pursuant to 24 CFR 570.703(d); (iii)clearance and demolition, pursuant to 24 CFR 570.703(e); (iv) construction of a public facility, pursuant to 24 CFR 570.703(1). (c) The Borrower shall select a financial institution acceptable to the Secretary (the "Custodian") to act as custodian for the documents specified in (d) below (hereinafter referred to as the "Security Documents"). The Borrower and the Custodian shall enter into a written agreement containing such provisions, as the Secretary deems necessary. A fully executed copy of such agreement, with original signatures, shall be forwarded to the Secretary contemporaneously with the delivery of documents pursuant to (d) below. (d) Not later than five business days after receipt by the Borrower of the Guaranteed Loan Funds, the Borrower shall deliver to the Custodian the following: (i) The original recorded Deed of Trust signed by the Contract for Fixed Rate Note, Entitlement, 5-29-03 13 mortgagor securing repayment of the indebtedness evidenced by the Note. (ii) A deed of trust title policy, issued by a company and in a form acceptable to the Secretary, naming the Secretary as the insured party. (iii) A certified survey with a legal description conforming to the title policy and the Deed of Trust. (iv) An appraisal of the fee simple ownership interest in the Property specifying an estimate of fair market value of not less than $6,900,000. The appraisal shall be completed by an appraiser who is certified by the state and has a professional designation (such as "SRA" or "MAI"), and shall conform to the standards of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA"). (v) An opinion of Borrower's counsel on its letterhead, addressed and satisfactory to the Secretary, that the Deed of Trust is a valid and legally binding obligation, enforceable in accordance with its terms. (e) Paragraph 12 is amended by adding at the end thereof the following language: "(g) The Secretary may exercise any appropriate remedies to enforce the lien on the Property referred to in paragraph 15(a), amending paragraph 5(c)." (f) If any one or more of the covenants, agreements, provisions, or terms of this Contract shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Contract and shall in no way affect the validity or enforceability of the other provisions of this Contract or of the Note• or the rights of the Holder thereof. (g) (i) The Borrower acknowledges and agrees that the Secretary's guarantee of the Note is made in reliance upon the availability of grants pledged pursuant to paragraph 5(a) (individually, a "Pledged Grant" and, collectively, the "Pledged Grants") in any Federal. fiscal year subsequent to the Federal fiscal year ending September 30, 2003 to: (A) pay when due the payments to become due on the Note, -or (B) defease (or, if permitted, prepay) the full amount outstanding on Contract for Fixed Rate Note, Entitlement, 5-29-03 14 the Note. The Borrower further acknowledges and agrees that if the Secretary (in the Secretary's sole discretion) determines that Pledged Grants are unlikely to be available for either of such purposes, such determination shall be a permissible basis for any of the actions specified in paragraphs (ii) and (iii) below (without notice or hearing, which the Borrower expressly waives). (ii) Upon written notice from the Secretary to the Bortower at the address specified in paragraph 12(f) above that the Secretary (in the Secretary's sole discretion) has determined that Pledged Grants are unlikely to be available for either of the purposes specified in (A) and (B) of paragraph (i) above (such notice being hereinafter referred to as the "Notice of Impaired Security"), the Secretary may limit the availability df Pledged Grants by withholding amounts at the time a Pledged Grant is approved or by disapproving payment requests (drawdowns) submitted with respect to Pledged Grants. (iii) If after 60 days from the Notice of Impaired Security the Secretary (in the Secretary's sole discretion) determines that Pledged Grants are still unlikely to be available for either of the purposes specified in (A) and (B) of paragraph (i) above, the Secretary may declare the Note in Default and exercise any and all remedies available under paragraph 12. This paragraph (iii) shall not affect the right of the Secretary to declare the Note and/or this Contract in Default pursuant to paragraph 11 and to exercise in connection therewith any and all remedies available under paragraph 12. (iv) All notices and submissions provided for hereunder shall be submitted as directed in paragraph 12(f) above. [Rest of Page Intentionally Left Blank] Contract for Fixed Rate Note, Entitlement, 5-29-03 15 THE UNDERSIGNED, as authorized officials on behalf of the Borrower or the Secretary, have executed this Contract for Loan Guarantee Assistance, which shall be effective upon delivery of the Note and Guarantee as of the Public Offering Date (except that paragraph 4 hereof shall be effective when this Contract is executed on behalf of the Borrower and delivered to the Secretary). City of National City. California BORROWER BY: (Signature) (Name) (Title) (Date) SECRETARY OF HOUSING AND URBAN DEVELOPMENT BY: (Signature) (Name) Nelson R. Bregon General Deputy Assistant Secretary .for Community Planning and Development (Title) (Date) [Rest of Page Intentionally Left Blank] ATTACHMENT 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LETTER AGREEMENT FOR SECTION 108 LOAN GUARANTEE PROGRAM CUSTODIAL ACCOUNT Name of Institution (and Branch) Street City, State, Zip Code Date: [ ] This account is established for funds received by the Borrower under Note(s) guaranteed by the United States Department of Housing and Urban Development (HUD) under the Section 108 Loan Guarantee Program. (Guaranteed Loan Funds Account) [ ] This account is established for repayment of the Note guaranteed by HUD under the Section 108 Loan Guarantee Program. (Loan Repayment Account) [ ] This account is established as a debt service reserve under the Section 108 Loan Guarantee Program. (Debt Service Reserve Account) You are hereby authorized and requested to establish a custodial account to be specifically designated: " Trustee of United States Department of Housing and Urban Development." All deposits made in such account shall be subject to withdrawal therefrom by the Borrower named below and shall also be subject to withdrawal therefrom by HUD. No agent of the Borrower shall be authorized to withdraw funds from the account. You are also authorized to pay HUD at any time, upon its written demand, which need not name a specific amount, the entire amount in such account subject only to notice requirements contained in applicable regulations governing this institution, but in no event to exceed seven business days. You are further authorized, upon the request of HUD, to refuse to honor any instrument drawn upon or withdrawals from such account by parties other than HUD and to change the name of the aforesaid account to the "United States Department of Housing and Urban Development." In no instance shall the funds in the custodial account be used to offset funds which may have been advanced to, or on behalf of, the Borrower by the custodian institution. This letter is submitted to you in duplicate. Please execute the duplicate copy of the certification below, acknowledging the existence of such account, so that wemay present the copy signed by you to HUD. Name of Borrower By: [Signature] Title ************************************************************************ The undersigned institution certifies to the United States Department of Housing and Urban Development (HUD) that the account identified is in existence in this institution under Account Number: , and agrees with the Borrower. named above and HUD to honor demands on such account in the manner provided in the above letter, subject only to notice requirements contained in applicable regulations governing this institution, but in no event to exceed seven business days. The undersigned institution further agrees, upon the written request of HUD, to refuse to honor any instruments drawn upon or withdrawals from such account by parties other than HUD and to change the name of the aforesaid account to "United States Department of Housing and Urban Development." In no instance shall the funds in the custodial account be used to offset funds which may have been advanced to, or on behalf of, the Borrower by the custodian institution. Deposits in this institution are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration. Name of Institution By (Signature and Title) Date: ATTACHMENT 2 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LETTER AGREEMENT FOR SECTION 108 LOAN GUARANTEE PROGRAM CUSTODIAL INVESTMENT ACCOUNT Name of Institution (and Branch) Street City, State, Zip Code Date: [ ] This account is established to hold obligations and their assignments, such obligations having been purchased with funds from the Guaranteed Loan Funds Account. (Guaranteed Loan Funds Investment Account) [ ] This account is established to hold obligations and their assignments, such obligations having been purchased with funds from the Loan Repayment Account. (Loan Repayment Investment Account) [ ] This account is established to hold obligations and their assignments, such obligations having been purchased with funds from the Debt Service Reserve Account. (Debt Service Reserve Investment Account) You are hereby authorized and requested to hold obligations and assignments of those obligations in trust for the United States Department of Housing and Urban Development (HUD) in an account specifically designated: Trustee of United States Department of Housing and Urban Development." All obligations and assignments shall be subject to release to the Borrower named below and shall also be subject to release to HUD. No agent of the Borrower shall be authorized to release the obligations or assignments. You are also authorized to release the obligations and assignments to HUD at any time, upon its written demand, which need not name specific obligations and assignments, all obligations and assignments being held in such account subject only to notice requirements contained in applicable regulations governing this institution, but in no event to exceed seven business days. 7. You are further authorized, upon the request of HUD, to refuse to honor any request for release of the obligations and assignments from such account by parties other than HUD and to change the name of the aforesaid account to the "United States Department of Housing and Urban Development." In no instance shall the obligations in this account be used to offset funds which may have been advanced to, or on behalf of, the Borrower by the custodian institution. This letter is submitted to you in duplicate. Please execute the duplicate copy of the certification below, acknowledging the existence of such account, so that we may present the copy signed by you to HUD. Name of Borrower By: [Signature] Title ************************************************************************ The undersigned institution certifies to the United States Department of Housing and Urban Development (HUD) that the account identified is in existence in this institution under Account Number: , and agrees with the Borrower named above and HUD to honor requests for release on such account in the manner provided in the above letter, subject only to notice requirements contained in applicable regulations governing this institution, but in no event to exceed seven business days. The undersigned institution further agrees, upon the written request of HUD, to refuse to honor any request for release of the obligations and assignments from such account by parties other than. HUD and to change the name of the aforesaid account to "United States Department of Housing and Urban Development." In no instance shall the obligations in the account be used to offset funds which may have been advanced to, or on behalf of, the Borrower by the custodian institution. Deposits in this institution are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration. Name of Institution By (Signature and Title) Date: ATTACHMENT 3 Legal Description of Real Property [Borrower shall insert legal description] City of National City, California COUNCIL AGENDA STATEMENT :.ETING DATE July 15, 2003 itr-ITEMTITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CREATING A MID -YEAR CAPITAL IMPROVEMENT PROJECT TO CONSTRUCT A NEW FIRE STATION FACILITY AT 16TH STREET AND D AVENUE, AUTHORIZING A DISBURSEMENT OF $700,000 FROM A HUD SECTION 108 LOAN, AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH JEFF KATZ ARCHITECTURE TO PERFORM CONSULTING SERVICES FOR THE DESIGN OF THE NEW FIRE STATION FACILITY PREPARED Y STEPHEN KIRKPATRICK DEPARTMENT PUBLIC WORKS/ENGINEERING 619/336-4383 EXPLANATION SEE ATTACHED AGENDA ITEM NO.12 Environmental Review N/A SEE ATTACHED Financial Statement SEE ATTACHED STAFF RECOMMENDATIO /lo. / Adopt the Resolution creatin_Tthe mi.-year Capital Improvement Project, authorizing the Mayor to sign the Fire Station Design Agr7ement with Jeff Katz Arhitecture, and approving the Section 108 Loan Disbursement of $452,500. Approves! By= Finance Director \Ja Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Capital Improvement Project Sheet L., Contract Resolution No. 2003-104 'Ni A-200 (9r99) RESOLUTION NO. 2003 —104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CREATING A MID -YEAR CAPITAL IMPROVEMENT PROJECT FOR THE DESIGN AND CONSTRUCTION OF A NEW MAIN FIRE STATION FACILITY AT 16 STREET AND "D" AVENUE, AUTHORIZING A DISBURSEMENT OF $700,000 FROM A HUD SECTION 108 LOAN, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JEFF KATZ ARCHITECTURE TO PERFORM CONSULTING SERVICES FOR THE DESIGN OF THE NEW MAIN FIRE STATION FACILITY WHEREAS, the city has received approval of a $6.9 Million loan under Section 108 of the Housing and Community Development Act of 1974, as amended, for the construction of a new Main Fire Station; and WHEREAS, there have also been $202,500 in CDBG Funds allocated for this project. WHEREAS, the City desires to employ a consultant to perform a design for the new Main Fire Station Project; and WHEREAS, the City has determined that Jeff Katz Architecture is an architectural design firm and is qualified by experience and ability to perform the services desired by the City, and Jeff Katz Architecture is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby establishes a mid -year Capital Improvement Project for the design and construction of a new main Fire Station facility, by approving the following appropriation and transfer of funds: AMOUNT: $700,000 FROM: Account No. 196-2501 Capital Project Reserve Undesignated Fund Balance TO: Account No. 196-409-500-598-1587 Capital Project Reserve Fund PURPOSE: Design and construction of a new main Fire Station facility. Resolution No. 2003 —104 July 15, 2003 Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute an agreement between the City and Jeff Katz Architecture to provide consulting services for the design of the new Main Fire Station facility. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of July 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney EXPLANATION: In accordance with City Council direction of July 17, 2001, City and CDC Staff moved forward with the selection of an Architectural Team through the Request for Qualification process to accomplish the design of a new Fire Station. Also in accordance with City Council direction of the same date, Staff moved forward with making application and received approval for a HUD Section 108 Loan to fund $6.9M of the new facility design and construction costs. There have been a number of false starts along the way since the meeting in July of 2001, but the Architect team and the Section 108 loan remain in place for the project. There have also been $202,500 in CDBG Funds allocated for this project in previous fiscal years that remain allocated for this project. In April of 2003 the City Council held a workshop to again discuss the construction of a new fire station. Many options were considered and the workshop culminated in a decision to form a subcommittee to consider the options and make a recommendation to the entire City Council. Ilhe subcommittee included Mayor Nick Inzunza and Councilmember Ron Morrison. After a couple of meetings at which various options were discussed in detail, the subcommittee has decided on the preferred option and is today recommending a course of action to proceed with the fire station project. As proposed, the Fire Station Facility will be designed and constructed as a Fire Operations Facility. The project will include the complete demolition of all the structures on the existing site including the old Boy's and Girl's Club, the construction of a new 18,000 square foot Fire Station in the location of existing station, construction of a new drill and training area using 15th Street Right of Way and Old Boy's and Girl's Club property, and the relocation of the Fire Department Administrative functions to the Public Works Yard. Relocation of the Fire Administration will require that approximately 2,000 square feetof space be added to the current Public. Works Administration Building to provide adequate space. This will displace a portion of Public Works Administration staff so it will also require offices be constructed in the old Cabinet Shop building for the PW Supervisors. The .proposed approximately $9.0 million project meets all of the Fire Department's current and foreseeable future needs through the construction .of a new facility designed to meet essential service facility requirements. Public Works is also agreeable to the project. The budget for the project is as follows: Design fees: $655,000 Construction Cost: $7,745,000 Temporary Facilities $50,000 FFE $250,000 Const. Management $260,000 Special Inspection: $35,000 Total: $8,995,000 We are attempting to move quickly on the implementation of this project. As proposed, design will take approximately six months to complete. Construction will follow immediately and require approximately one year. Based upon this schedule the new Station will be operational in early 2005. The currently budgeted CDBG Funds and apportion of the Section 108 loan is proposed to fund the design cost. The remainder of the Section 108 loan (approx $6.45M), in combination with funding yet to be identified ($1.89M), is proposed for the construction of the project. The Fire Station Subcommittee is currently reviewing funding alternatives for the $1.89M differential and will recommend the best alternative to Council in the near future. In order to accomplish the construction of an operational Fire Station by early 2005 it is imperative that the design begin immediately and that is why it is before the Council today despite the $1.89M undetermined funding. ENVIRONMENTAL REVIEW: HUD funding required an environmental assessment under the National Environmental Protection Act (NEPA). The analysis resulted in a Finding of No Significant Impact (to the environment). Additional environmental review will be required per the California Environmental Quality Act (CEQA) when the development plans are finalized. FINANCIAL STATEMENT: The total cost of the new Fire Station Facility is approximately $9M. The fee agreed upon to perform the Professional Architectural Services is $655,000. $202,500 in CDBG Funds have been allocated in previous fiscal years is available for the design. It is recommended that $452,500 of the $6,900,000 Loan be disbursed at this time to fund the remaining portion of the design contract. If the authorization to accept a partial HUD Section 1.08 Loan disbursement request is approved the Loan Agreements and notes that are: also on today's agenda must be approved. At this time, the annual debt service repayment of the Section 108 Loan is proposed to come from the City's CDBG entitlement of approximately $1.4 million per year. The amount required for repayment will depend on how much of the 108 Loan is actually borrowed. Payments for a $452,500 loan being considered today will be approximately $33,000 annually for 20 years. If the entire $6.9 million 108 Loan is utilized between design and construction the total payment will be approximately $500,000 annually for 20 years. Terms for the remaining required approximately $1.9M have not yet been determined. CITY OF NATIONAL CITY CAPITAL IMPROVEMENT REQUEST 1. Project Title New Main Fire Station 2. Department Public Works 3. Project Number 4. Project Location 16th Street and D Avenue/Public Works Yard Department Contact 6. Phone Number Stephen Kirkpatrick 4383 7. Project Description and Justification Fire Station Facility will be designed complete demolition of all the structures construction of a new 18,000 square and training area using 15th Street Fire Department Administrative functions require that approximately 2,000 Building to provide adequate space.. also require offices be constructed This approximately $9.0 million option through the construction of a new This project funds the design of the be for that and constructed as a Fire Operations Facility. The project will include the on the existing site including the old Boy's and Girl's Club, the foot Fire Station in the location of existing station, construction of a new drill Right of Way and Old Boy's and Girl's Club property, and the relocation of the to the Public Works Yard. Relocation of the Fire Administration will square feet of space be added to the current Public Works Administration This will dislocate a portion of Public Works Administration staff so it will in theold Cabinet Shop building for the PW Supervisors. meets all of the Fire Department's current and planned future needs facility designed to meet essential service facility requirements. Fire Station. When required construction funding is identified another CIP portion of the work. project sheet will created 8. Project Detail Amount Site Acquisition Construction Other Total Costs Amount Design $655,000 9. Financing Source and Budget Schedule Year 1 FY 03-04 Year 2 FY Year 3 FY Year 4 FY Year 5 FY HUD Section 108 Loan $452,500 CDBG Finds $202,500 TOTALS $655,000 10. Operating Cost Increase (Decrease) Personal Services Maintenance and Operation Capital Outlay of Included above) Total Operj ,'. Cost Inc Year 1 Year 2 Year 3 Year 4 Year 5 4 11. Request (g D _ m nt Huiad A ova 1% f �- 47142,5 (Sig atur� jJ(Te) , ate) 7 Forma M-109 Rev c AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JEFF KATZ ARCHITECTURE oRIGINAr THIS AGREEMENT is entered into this 15 day of July, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and JEFF KATZ ARCHITECTURE (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to perform a design for the new Main Fire Station Project. WHEREAS, the CITY has determined that the CONTRACTOR is a Firm specializing in architectural design and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR, The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 1. The CONTRACTOR 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 CONTRACTOR shall appear at meetings cited in Exhibit 1 to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR 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, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen M. Kirkpatrick, P.E., Assistant Director of Public Works/Engineering, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jeff Katz, Principal thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR 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 1 shall not exceed the amounts described in the Additional Services to be Provided on an Hourly Basis section of the attached Exhibit 1 (the Base amount) without prior written authorization from the Project Coordinator. 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 CONTRACTOR 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. The length of this agreement shall be (500) five hundred working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Friday, July 15, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the CONTRACTOR 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 5 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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 CONTRACTOR. 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. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor 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 CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR, and each of its subcontractors, 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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 3 of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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 CONTRACTOR shall 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 4 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR agrees to indemify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, 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, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense 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 CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, 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 $1,000,000 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 $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT'S employees. 5 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed 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 ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. 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 financial stability that is approved by the City's Risk Manager. J. 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 CONTRACTOR 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 and the amount of controversy does not exceed $25,000, 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 that does not exceed $25,000 and which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration 6 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 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's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 To the CITY: Stephen M. Kirkpatrick Assistant Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Jeff Katz Principal Jeff Katz Architecture 7290 Navajo Road Suite 106 San Diego, Ca 92119 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 CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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. The CONTRACTOR 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 CONTRACTOR. 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 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. 8 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 other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit 1 — Scope of Services ▪ Exhibit A — Drawing and Specification List ® Exhibit B — flourly Rate Schedule ® Exhibit C -(Clarification of Responsibilities 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY JEFF KATZ ARCHITECTURE (Two signatures 1ec uired) By: Burton S. Myers, Director of Public Works/Engineering APPROVED AS TO FORM: By: (Name) George H. Eiser, III City Attorney (Title) By: Nick Inzunza, Mayor 10 EXHIBIT "A" Jeff Katz Architecture July 6, 2003 Mr. Stephen M. Kirkpatrick Assistant Director of Public Works/Engineering The City of National City Department of Public Works 1243 National City Boulevard National City, CA 91950' RE: Architectural Services National City Main Fire Station Scope of Work and Fee Proposal Dear Steve: Based on our meeting of July 2, 2003, I have prepared the following fee proposal for the design of the new main fire station project. It is my understanding at this time that the City wishes to proceed with Option B", which provides for a new, 18,000 square foot station on the existing station site, a new drill area and the relocation of the administrative functions of the department to the existing Public Works Building (also included is an approximate 1,750 square foot addition to the PW Building). The proposed construction budget for the project is approximately $7,800,000. The scope of services required is similar to that previously provided, and is based on the requirements for Schematic Design, Design Development, Construction Documents, Bidding and Construction Administration services. It is also understood that the City's desire is to have the design phases of the project completed within six months of Authorization To Proceed. We are proposing to offer the following scope of services: SCHEMATIC DESIGN PHASE Meet with Fire Department Design Committee to discuss examples which the committee has seen on their tour of existing stations in the County, to review areas which the Fire Department feels are examples of both good and poor design elements. Hold "Brainstorming" sessions with City of National City Fire Department and City of National City Public Works Department personnel to discuss features of the new station design in order to develop a detailed program for the project. 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 Fax (619) 698-9178 National City Main Fire Station July 6, 2003 Page 2 Review preliminary space needs analysis prepared previously and verify the square foot requirements for facility. The actual design of the station will be based on the results of our analysis. Meet with City of National City Fire Department to discuss budget, program and exterior design issues. Perform preliminary code and zoning review. Meet with City Building ind Planning Departments to review all requirements including design requirements and building accessibility issues. The purpose of this meeting will also be for the City to identify potential design issues and concerns before starting our design work. Meet with Engineering Department to review potential Right -Of -Way improvements. Develop Preliminary Building Floor Plans and Building Elevations. Develop conceptual site drawings indicating placement of structures and amenities on site. This will include the following: Investigate existing site conditions. Develop preliminary site and utility plans indicating building site orientation, site ingress and egress, and site utility information. Prepare preliminary grading plans Prepare preliminary landscape and hardscape plans. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project). Provide a written preliminary evaluation of the project, schedule and construction budget. Meet with City of National City Fire Department and City of National Public Works Department to review proposed site and building design. Make required modifications resulting from review. Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 /S National City Main Fire Station July 6, 2003 Page 3 Make required submissions to the City of National City (30% submittal). Drawings required for this submittal will include: Site Plan Schematic Floor Plan Schematic Building Elevations Conceptual Landscape Plans Preliminary Grading and Drainage Plans Exterior Color arA Material Sample Boards Massing study model Written description of proposed structural, mechanical andelectrical systems to be utilized in the project These drawings will include color and material callouts, as well as a colored building elevation drawing and colored Landscape drawings. Make required presentations to City of National City Planning / City Council to review proposed design. For the purpose of this proposal it is assumed that two design presentations will be required. Make required modifications to Schematic Design in order to obtain Schematic Design approval. It is assumed that required changes are minor in nature and will not require complete re -submittal to City other than for record purposes. After obtaining written approval of Schematic Design we will proceed into Design Development. DESIGN DEVELOPMENT PHASE Refine design of Floor Plan, Building Elevations and Site Plan. Coordinate building and site requirements with Geotechnical Engineer. Develop structural system consistent with design concept. Develop building mechanical, plumbing and electrical systems consistent with design concept. Coordinate with City systems for phone/data/cable and station alerting requirements. Jeff Katz Architecture - 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 I0 National City Main Fire Station July 6, 2003 Page 4 Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan and Roof Plan. Prepare preliminary interior material and color boards for review and selection. Furniture: As part of the outfitting of the completed building, we will provide a listing of required furniture, selected and color coordinated with the building design. Scope of work will include meetings as necessary to review requirements and present selections, development of furniture specifications and assistance with bidding furnishings to selected,,suppliers. Also included will be coordination with the Fire Department and City Purchasing Department to coordinate ordering and delivery of these materials. Furnishings are considered to be all elements not "attached" to the building. These items will not be included in the construction documents and will be bid out separately through the City Purchasing Department. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design. Make required submittal to City of National City for Design Development Review (60% submittal). Review meetings with City of National City as required to review status of project. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Construction Documents. CONSTRUCTION DOCUMENTS PHASE Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical, plumbing, electrical and landscape design (See Exhibit "A" for proposed drawing and specification list). It is assumed for this proposal that the City of National City will provide all required General and Supplementary Conditions and Bidding Information. Prepare demolition plans for the demolition of existing structures located within the subject parcel. For the sake of this proposal it is assumed that these plans will be incorporated into the new construction package and not issued as a separate set of documents. Demolition plans will incorporate recommendations for removal of hazardous materials (Lead and Asbestos only) as identified by the Environmental consultant. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 Fax (619) 698-9178 17 National City Main Fire Station July 6, 2003 Page 5 Construction Documents will incorporate Geotechnical requirements and recommendations for soils preparation, foundation and paving design. Provide documentation of "General Construction Activity Storm Water Pollution & Prevention Plans" and "Notice of Intent". Submit plans to local utility companies for review and approval. (Note: Any required Utility Company fees are not included). Submit plans to City of National City Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included). Update Construction Cost Estimate. Meet with City of National City as required to review final design and construction documents. BIDDING PHASE Provide final original drawings (mylars) and specifications for use in bid packages. For this proposal it is assumed that the City of National City will advertise, assemble and distribute bid packages. Interpret and clarify contract documents for contractors, and assist in issuing addenda as required. Attend a Pre -Bid walkthru at the site with all interested contractors. Participate in bid opening, review contractor's detailed cost breakdown, and assist the City of National City in evaluation of the bids. CONSTRUCTION ADMINISTRATION PHASE Construction contract administration services are based on a Twelve month construction period, from Authorization to Proceed through Punchlist Inspection. The following services will be provided: Attend Pre -Construction conference. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station July 6, 2003 Page 6 Review and approve or take other appropriate action upon Contractor's submittals and shop drawings as required by contract documents. Interpret contract documents (including all subconsultant disciplines) for proper execution and progress of construction, including responding to contractor's requests for information and clarification. Make one scheduled site visit every week during the course of construction (total of 52) to observe the project, and prepare site visit report. Site visit shall include meeting with contractor, City and Fire Department representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents. Provide two site visits per discipline (by the respective engineers) for civil, structural, electrical, mechanical and Landscape Architecture, to review progress of construction and conformance with construction documents. Make one additional site visit to perform Punchlist Inspection, and one additional visit to perform Final Inspection. Punchlist Inspection will include a detailed listing of all items remaining to be completed by the Contractor. Final Inspection will certify that all work has been completed in accordance with construction documents. Assist City in review of Contractor's initial and progress schedules. Assist in reviewing and processing contractor's progress payment requests, and certifying the amounts due to the Contractor. Process contractor's As-Builts, warranty information and related information by forwarding them to the City. ADDITIONAL SERVICES TO BE PROVIDED ON AN HOURLY BASIS The following items are not included in the Basic Services, and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis per the attached Hourly Rate Schedule (Exhibit 'B'). Revisions to Schematic Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval. Jeff I{atz. Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 /y National City Main Fire Station July 6, 2003 Page 7 Preparing separate construction document packages for "fast -tracking" construction work, preparing additional documents for alternate bid items (items which require additional design and documentation), or for preparing documents in connection with temporary facilities to house Fire personnel during design and construction. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation. Providing services in conjunction with evaluating substitutions proposed by the Contractor, and making subsequent revisions to Contract Documents resulting from such. Construction site visits provided in excess of the visits defined under the Construction -- Administration Phase which are requested by the City, or made necessary through delays in the construction schedule or other elements outside the control of the Architect (for either Architect or subconsultant engineers). Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings. Providing "Special Inspection" services required by law or the Contract Documents. Services of a Traffic Engineering Consultant if required by project design or City requirements. Preparation of drawings for work beyond the project boundary (site and immediate street frontage). Environmental Investigation Services to analyze the existing Fire Station and site for the presence of contaminated soils. Services in conjunction with any required discretionary approvals. Jeff I{atz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station July 6, 2003 Page 8 Preparation of Boundary Surveys, Title Reports, Deeds or other documents in conjunction with the project site. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost. In addition to the items noted above, the following items will be provided as part of the Basic Services: A topographic survey (for both the fire station and the administrative site) will be provided which will consist of site topography, obtaining invert elevations for existing utilities, horizontal and vertical location of existing surface features and improvements. Civil Engineering services for off -site improvements consisting of preparation of public improvement Documents for work in the right-of-way along C Street, D Street and 16th Street. Anticipated work will include cross sections of these streets to incorporate curb, gutter and sidewalk modifications. Also included is additional topo survey information for the required cross sections in order to establish grades for the new improvements. Provide Geotechnical Investigation Services as follows: Research existing and readily available records pertaining to the site to aid in evaluating geologic hazards which may be present. Drill approximately nine small diameter borings to a depth ranging from 10 to, 20 feet and sample the prevailing soils. Perform laboratory tests on selected soils to evaluate in -situ density, shear strength, compaction and expansion characteristics of the soils encountered. An R-value test will also be performed to evaluate preliminary pavement sections. Perform laboratory tests on samples taken to test for the presence of hydrocarbon contaminated soils (no additional borings are included specifically for the purposes of identifying contaminated soils). Prepare a written report documenting the findings and making recommendations regarding Geotechnical aspects of developing the property. Jeff I{atz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 ©71 National City Main Fire Station July 6, 2003 Page 9 Environmental Investigation Services to analyze all existing structures to be demolished located within the block bounded by C, D, 15th and 16th Streets for the presence of asbestos or lead containing building materials. Services will includeinspection of facilities, sampling and lab testing of sampled materials. The findings from this survey will be incorporated into demolition plans for the project. I propose to provide the stated basic services for a fixed fee of Six Hundred Fifty Five Thousand Dollars ($655,000.00). Invoices will be submitted monthly, in a format acceptable to the City, for the percentage o work completed during the month, on any particular phase. The proposed breakdown for the Basic Services charges will be as follows: Schematic Design Phase $135,000.00 Design Development Phase 90,000.00 Construction Documents Phase $362,000.00 Bidding Phase $5,000.00 Construction Administration Phase $60,000.00 Process As-Builts & Warranty Info $3 000.00 TOTAL $655,000.00 In addition to the Basic Services offered above, the following items will also be provided: It is difficult to anticipate blueprinting expenses for submittals to the City. Per our previous discussions, it is anticipated that 6 sets will be required for the schematic submittal (30%), 6 sets required for the design development submittal (70%) and 6 sets required for the Building Department submittal. In addition, one set of original mylars is required for bidding. All bid sets will be provided by the City. Based on this we are estimating the reimbursable expenses for blueprinting and delivery not to exceed Five Thousand Dollars ($5,000.00). SUBCONSULTANTS The following subconsultants are proposed for use on this project. Civil Engineering: Structural Engineering: Mechanical Engineering: Electrical Engineering: Landscape Architecture: Geotechnical: BDS Civil Engineers, Gordon Axelson, Vice President Oriel Engineering, Don Orie, Principal Walsh Engineers, Gene Walsh, Principal ILA+Zammit, Larry Zammit, Principal Parterre, Patrick O'Connor, Principal (WBE) Geocon, Inc. Joe Vettel, PE Jeff Katz Architecture • 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station July 6, 2003 Page 10 As you probably know, definition of construction cost is always an issue on projects. I have included as Exhibit 'C' a further description of responsibility with respect to the budget and construction cost for this project. The definitions listed are from the AIA Document B141, Owner/Architect Agreement. Although we will not be using the AIA document for our contract, these definitions are useful to understanding what the design team and the Owner's responsibilities are and should be a part of the final contract for the project. It was stated in our meeting of July 2, 2003 that the intent is to complete the design phase of the project in six months and have documents at that time that our ready to be bid out. In order to accomplish this aggressive schedule it will be necessary for the City to commit to prompt response and turn -mound time for all questions and submiitals to the City. Specifically, review of project submittals (as detailed above) must be accomplished in a maximum of 5 working days if we are to maintain this schedule. I will generate an overall project schedule which anticipates these submittal timeframes to allow the City to prepare, once we have been given authorization to proceed. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. As you know, I am excited to be working with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Resp ctfully, Jeff Katz, AIA Principal Jeff Katz Architecture • 7290 Navajo Road, Suite 10G • San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 Exhibit "A" DRAWING AND SPECIFICATION LIST It is anticipated that the following drawings will be provided. This list is not intended to be a complete list of all actual drawings provided. Final drawings will be as required to convey all pertinent information. Civil Civil Title Sheet Grading Plan Drainage and Utility Plan Horizontal Control and Site Plan Details Landscape Planting Plan Irrigation Plan Details Architectural Title Sheet Site Plan Demolition Plans Hardscape Plan Site Details Floor Plans (2 floors) Dimensioned Floor Plans (2 floors) Reflected Ceiling Plans (2 floors) Roof Plan Exterior Elevations Building Sections Wall Sections (4 sheets) Large Scale Plans Interior Elevations (6 sheets) Finish Schedule/Door Schedule/Window Schedule Details (9 sheets) Structural Typical Structural Notes Foundation Plan Framing Plans (2 floors) Details Mechanical HVAC Schedules HVAC Floor Plans Details Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119 (610).698--9177 • Fax (619) 698-9178 National City Main Fire Station Exhibit "A" Plumbing Plumbing Schedules Plumbing Site Plan Plumbing Floor Plans Details Electrical Electrical Site Plan Power Plans Lighting Plans Signal Plans Panel Schedules/Details It is anticipated that the following specification sections will be provided (Note: All Bidding and Contract Procedure Documents to be provided by City of National City): DIVISION 01 - GENERAL REQUIREMENTS 01010 01200 01300 01310 01410 01500 01600 01630 01700 01710 01710 01720 01740 Summary of Work Project Meetings Submittals Schedules and Reports Testing and Inspection Construction Facilities Material and Equipment Substitutions and Product Options Construction Procedures Contract Closeout Cleaning Project Record Documents Warranties DIVISION 02 - SITEWORK 02050 02080 02100 02220 02233 02280 02514 02225 02540 Demolition Asbestos and Lead Paint Removal (if required) Site Clearing Earthwork for Structures & Pavements Graded Crushed Aggregate Base Course for Pavements Termite Control Portland Cement Concrete Paving Excavating, Backfilling & Compacting for Utilities Pavement Markings & Related Signs Jeff Katz Architecture • 7290 Navajo Road, Suite 10G • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station Exhibit "A" 02620 Concrete Curbs, Gutters and Walks 02660 Exterior Water Distribution System 02720 Storm Drainage System 02730 Exterior Sanitary Sewer System 02810 Irrigation System 02832 Automatic Gate Operators 02900 Landscaping DIVISION 03 - CONCRETE 03310 Concrete Work DIVISION 04 - MASONRY 04320 Concrete Unit Masonry DIVISION 05 - METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 06 - WOOD 06100 Rough Carpentry 06181 Glue Laminated Members 06200 Finish Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07175 Water Repellent Coating 07200 Building Insulation 07500 Membrane Roofing 07620 Flashing and Sheet Metal 07720 Roof Accessories 07810 Unit Skylights 07920 Sealants DIVISION 08 - DOORS AND WINDOWS 08110 Metal Doors and Frames 08210 Wood Doors 08331 Sectional Overhead Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glazing Jeff Katz Architecture - 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 - Fax (619) 698-9178 National City Main Fire Station Exhibit "A" - DIVISION 09 - FINISHES 09100 Metal Support Systems 09200 Lath and Plaster 09250 Gypsum Wallboard 09330 Ceramic Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09680 Carpeting 09900 Painting DIVISION 10 - SPECIPPLTIES 10202 Metal Wall Louvers 10350 Flagpoles 10440 Identifying Devices 10500 Metal Lockers 10520 Fire Extinguishers and Cabinets 10800 Toilet Accessories DIVISION 11 - EQUIPMENT 11450 Kitchen Equipment DIVISION 12 - FURNISHINGS 12511 Window Blinds (Divisions 13 Not Used) DIVISION 14 - CONVEYING SYSTEMS 14200 Elevators DIVISION 15 - MECHANICAL 15010 Mechanical General Requirements 15100 HVAC 15200 Plumbing 15300 Fire Protection 15680 Fuel Storage Tanks 15885 Vehicle Exhaust Removal System Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Exhibit "A" DIVISION 16 Main Fire Station - ELECTRICAL 16010 Electrical General Provisions 16150 Emergency Standby Generating System 16200 Power Distribution Equipment 16300 Basic Materials and Methods 16400 Wiring Methods, Raceways and Conductors 16600 Lighting 16710 Cable TV Cable 16730 Fire Alarm System 16740 Public Address System 16750 Telephon9 System Rough -In 16800 Utilization Equipment Jeff I{atz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 Fax (619) 698-9178 Exhibit "B'° HOURLY RATE SCHEDULE The following rates apply to work performed on an hourly basis. Principal Architect $ 120.00 per hour Project Manager $ 95.00 per hour Specification Writer $ 90.00 per hour Construction Administrator $ 100.00 per hour Drafter $ 65.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 140.00 per hour Civil Engineer $ 120.00 per hour Mechanical Engineer $ 115.00 per hour Electrical Engineer $ 125.00 per hour Landscape Architect $ 100.00 per hour Reimbursable Expenses will be charged at 1.1 times the direct cost. Note: These rates will remain in effect until December 31, 2004, at which time they may be adjusted as a result of salary reviews. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 Exhibit "C" CLARIFICATION OF RESPONSIBILITIES The following articles are restated from AIA Document B141, Owner/Architect Agreement: 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner. 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods .of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. Jeff Katz Architecture 7290 Navajo Road, Suite 106 - San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 National City Main Fire Station Exhibit "C" 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize re -bidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Costa, 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architects responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 9.9 The Architect shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. Jeff Katz Architecture • 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 31 ITEM #: OLD BUSINESS 7/15703 7/1 0/2003 On May 6, 2003, Council directed staff to prepare a list of all alcohol licenses in the City and to review all the codes and regulations that apply. Myself and Councilman Morrison were also appointed to a subcommittee to review the information. Staff has compiled a list of licenses along with the related resolutions of approval and distributed the material to the subcommittee. It would now be appropriate to discuss the matter and initiate amendments to the code for Planning Commission consideration. Nick Inzunza Mayor SUMMARY OF LAND USE CODE REGULATIONS ON THE SALE OF ALCOHOL Any business proposing to sell alcohol, for on -site or off -site consumption, must first obtain a Conditional Use Permit. Previously established, lawful, nonconforming establishments selling alcohol are typically not affected by this requirement. A change of location would cause the need for a Conditional Use Permit, however. Restrictions differ somewhat for various types of establishments. These are listed below. Markets, convenience stores etc. that sell alcohol • No separation requirements, just a Conditional Use Permit needed.. Liquor stores ® Must be at least 660 feet from a school ® Must be at least 500 feet from another liquor store Restaurants that serve alcohol ® Must be at least 660 feet from a school ® No separation requirement from other restaurants selling alcohol ® Restrictions on entertainment and the hours of sale of alcohol (may be separately reviewed as part of a CUP for live entertainment) Bars, cocktail lounges, nightclubs ® Must beat least 660 feet from a school ® Must be at least 1000 feet apart • The bar/cocktail lounge distance requirements Use Permit Other establishments selling_ alcohol as an incidental private club, theater, bowling alley, etc. ® Must be at least 660 feet from a school ® Must be at least 500 feet apart may be waived by a Conditional use for on -site consumption; i.e., FETING DATE July 1S, 2003. City of National City, California COUNCIL AGENDA STATEMENT WRITTEN COMMUNICATIONS AGENDA ITEM NO. 14 ITEM TITLE AN APPEAL TO THE CITY COUNCIL FOR "STREET SWEEPING" SIGNS ON SEAWIND DR, CALLE DELGADO, AND MEADOW DR (VIVANCO) PREPARED BY Adam Landa 619/336-4394 EXPLANATION DEPARTMENT PUBLIC WORKS/ENGINEERING Mrs. Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of "Street Sweeping" signs on Seawind Drive, Calle Delgado, and Meadow Drive. According to Mrs. Vivanco, the street sweeper can not clean the street because there are vehicles parked there. The Public Works Department investigated the request to install "street sweeping" signs in this area. Our street sweeper has not reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate her request and he found that there was no problem with the proper operation of the street sweeper in the area. The Street Maintenance Supervisor does not believe parked vehicles in the area affect their ability to clean the streets. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs at this location. Mrs. Vivanco was notified in writing of this decision on July 3, 2003. Mrs. Vivanco is now appealing the decision to the City Council. Environmental Review N/A Financial Statement N/A TAFF RECOMMENDAT Approved By; Finance Director rfr. 1114146 I` Staff recommends that the "S £/eet Sweeping" signs .t be installed since there is no apparent problems at this location. BOARD 6 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Appeal Letter from Mrs. Vivanco Location Map Account No, Resolution No, A-200 f9/99. f' ' esh i.. 6411--6L/'7 PLAY b b E9- bLh -s b ic0 a a . :5 FlirnrC r`-'9d) ireme,22-D ci .0 q rrpf-rAi,-JnT 5u3)- boil Q -Y79 ron P ? a( � °Pro -) lam (? `a1 C)^ '? :' « n `a ---rprvi-n-y 4-o_ E.0oe Aurelia Vivanco 1432 Meadow Drive National City, CA 91950 May 29, 2003 Burton Meyers, Director City of National City, Public.Works 2100 Hoover, CA 91950 Dear Mr. Meyers: We would appreciate very much if you would have "No Parking on Tuesday between 7:00 a.m. —12 p.m." signs at the following streets: Seawingi Drive, Calle Delgado Drive and Meadow Drive. The street sweepers are not able to clean/sweep these areas because of the parked cars. Therefore, dirt and other debris piles and is causing mosquitoes, stench and a muddy site. This is very unsanitary, poses a safety issue, and makes our area look dirty all the time. If you would like to speak with me, please call me at (619) 479-1199. We thank you in advance for your review and consideration of this serious matter to us residents The following are signature of residents in this area. Sincerely, Aurelia Vivanco Attachments: ( ) Orr 0, -6 kkel" NAME ADDRESS TELEPHONE .f.ado to- Or ci-ty (6'1') , , fig it, /7,c „( 2,\ 6:/•(=i-; if./ 70 ' j- 9) L.47 / L/f 'Tha tJ11) el (6.19 I ' LA420.1-070'61 19 i RWS. HYVAQ/2! 2-57 0 0.0 kii V \ )1( r %id:7 Q //677ci / , gs-06 ei 1 yii ,-9b ))f ./:' V2 -3.5 ?C' 1,n, id2A--- lolop-ez, -'7-----7 z,-/ du 4/q3 , .f_To 6 -75-,,,a,, : A cst .:N1 e - 67'. .',2 ? -63 •• r?- kh.A_ 4 zy79 ° ' reS-7(.4 ,57 C / /2/ Z71 OR 4/ ‘..fy C. 3 3 SM' 4- _ ? ; -5-72 - ( c/ 5 / cd V 4.2 , 6)-(e,,,f,I t ii ,.- - - / g T `, -t) D r ) / 14. .--Or / „ , - , 4-,-----f---p_ 4,44.------ (A„,--'7,v, ) 6t,L :,_..e , 1 ,_4, 7- /3,:,-) C.) . / I sfm, .)/L„,f cA, - ) r/1 ... 14.0 _70 , , -70 AP-/-14 PO 0 7D74e-41--4,4 267 --32/e rroy, p R L.,„? 1„7-if n .4 /41/iv -so 1L0 X 50 IWO 415 .3 NAME 0;- ADDRESS TELEPHONE C No<ri,I/ v -r / 4-24 kian/r- f t-! 'V/ 5 cc23 ,__S-itc-vitcL PR ./`(-Jio (IS gi-e.?ie2z--q 1 too-PA2-0 P4zAfet, ,AJIC 9fiR_ L 17,/, C. ci K7 0 d-22 , ci2 2• 3 6. ,--",;().- cui.47 a pi- • /7--(G! / fe" -2 (1-3(„ 67 n-4 I ( .'17 9. 7- 17oq /- Ad( e " kr•-• s 04161C1 NAME ADDRESS C f TELEPHONE / 144 ei/ 8Liac) 7 Y\eckckLu dv.,5EP-1-766- 1 LI r5 41-17 aolce_ff -7- 424-, 9 - ff7- / )1f,-2-o)77- 37 4A, Ot_i()\ve_72, 194 ni1..6q2/0 ich‘iCl. M1t?k (44-- C4-1kt= vc_LA-)96 Log,/ /4 1,1e4ob cbei otr d)1)12 4. , ......,_i : I I , t 1 : i i i 1 i 1 1 1 -411111immmais A\ \AV o'l 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 July 3, 2003 Mrs. Aurelia Vivanco 1432 Meadow Dr. National City, CA 91950 Subject: STREET SWEEPING ON MEADOW DRIVE -8 The Public Works Department had investigated your request to install "street sweeping" signs in your area. Our street sweeper has not reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate your request and he found that there was no problems with the proper operation of the street sweeper in your area. The Street Maintenance Supervisor does not believe parked vehicles are affecting their ability to clean the streets in this area. Therefore, the decision of the Public Works Depart ent is not to install "street sweeping" signs in this area. Reviewed by: Stephen iN/ irkpatrick Assistant Director of Public Works BSM: tc and irector of Public Words ® Recycled Paper 7 WRITTEN COMMUNICATIONS ITEM #15 City of National City Memo To: Mayor and City Council From: Councilmember Luis Natividad CC: Date: 7/11/03 Re: Request for Additional Funding for Neighborhood Council Program (Councilmember) As you know, the new budget contains $2,500 to: "fund miscellaneous, non - personnel, operating costs associated with the City Council's new Neighborhood Council program." The supplies, postage and other miscellaneous costs associated with this new program are larger than the $2,500 set aside. I would like to ask the City Council's concurrence to ask the City Manager if an additional allocation of $7,500 can be added to the existing funding. 1 MEETING DATE 07/15/03 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 16 REQUEST THE MAYOR TO APPOINT A COMMISSIONER 0 THE HEAR NiCATIONS FACILITY AUTHORITY JOINT POWERS AUTHORITY Donald Condon, PREPARED BY Acting Fire Chief DEPARTMENT Fire 619/336-4550 EXPLANATION The City has contracted with Heartland Communications Facility Authority (HCFA) for fire, rescue, and emergency medical aid dispatch services since February 7, 1995. To ensure the continued delivery of these services at reasonable rates, the City became a member of the Heartland Communications Facility Authority Joint Powers Authority (JPA) effective July 1, 2003. HCFA was formed on June 25, 1986 as a Joint Powers Authority comprised of the Cities of El Cajon, Lemon Grove, Santee, and La Mesa and the Alpine Fire Protection District, Bostonia Fire Protection District (now East County Fire Protection District), Lakeside Fire Protection District and the San Miguel Fire Protection District. This JPA empowered the public agencies by law to acquire sites, construct, equip, staff, maintain, operate, and lease public buildings and related facilities for the purpose of communications. Current members of the JPA are Alpine, Bonita, Chula Vista, Coronado, East County, El Cajon, Imperial Beach, La Mesa, Lakeside, Lemon Grove, National City, San Miguel and Santee. The HCFA Commission shall govern the Authority. Each public agency that is a party to the WA, shall have one seat on the Commission, and shall fill each seat by appointment from its governing body. The Mayor and Council are eligible to fill the HCFA Commissioner position. The appointed Commissioner will be required to attend quarterly meetings held at 4:00 p.m. on the fourth Thursday of the month. The Commission meetings last an average of two hours. Commissioners are cnmpencated MP 00 for each regularly scheduledtxieetinng.. Environmental Review NIA Financial Statement N/A Account Nana STAFF RECOMMENDATION Request the Mayor to appoint one Commissioner to the HFCA JPA Commission. BOARD / COMMISSle ECOMMENDATIO@u N/A aTTAC MEN TS ( Listed R€IOW N/A Resolution No. A-200 (9/8G) FETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 15. 2003 AGENDA ITEM NO. 17 (-ITEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE SAN DIEGO OFFICE OF EDUCATION JUVENILE COURT AND COMMUNITY SCHOOLS AND WAIVER OF FEES PREPARED BY Burton Myers DEPARTMENT Public Works/Engineering EXPLANATION The San Diego Office of Education Juvenile Court and Community Schools is requesting use of the north room of the Community Center to hold a regional staff meeting for their teachers. The JCCS provides educational programs for students in grades 7 to 12 to help them earn their high school diploma. They are in the midst of building a new facility that is located in National City. They are asking to use the Community Center to hold three of their meetings until their new building is finished next year. The dates are August 21st, September 25th, and december 18th from 12:00 noon to 3:30 pm for 30 people. Cost: Building: $ 82.08 Custodial: 61.44 Total: $143.52 The JCCS is also requesting waiver of fees. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". However, it would take the approval of City Council to waive the fees. Environmental Review N/A Financial Statement Loss of $143.52 if waiver of fees is approved. twirta Approved By: Finance director Account No. STAFF RECOMMENDATIO Council decision on use of the •mmunity ter and waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for Use of the Martin Luther King, Jr. Community Center 2. Letter from the San Diego County Office of Education Resolution No. A-200 t999) 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: ) \ '!J u is cJ Business Address: 7 � 43 0 �/� Name of Applicant: �L .�Q )nrr� / a- t(-' G rl_ /t Address: t'i 70 Pc rn (-I"Up ! b( f Scud G� / Telephone Number: day (IALe GL9,— q C[ �j2-- evening (0 `7 �l s - ct (P 7 Type of Function: �Y7�,t1 rf1_ )+� . - Cc 51, Date Requested: Lt,L.tc,,.a.`t 0-I) 0)�� Decorating Time: / A/00/t (am/ Function Time: Clean up Time: Use of Kitchen: 3 : a0 (am/pm) to (am pm to no yes If yes, Time: Number of Participants: cep � i it ert t� • E - _-�' - (5 1'� Jn,,4t R. 4-Pa.r) .q ;5 , yr o (am/pm) to (am (am/pm) (am/ m) (am/pm) Will Admission be charged? AO If yes, Amount Will this be a fund raising event? Will alcohol be served? If yes, ABC Permit Submitted? Certificate of Insurance attached? o-4 tzr�G cua' Special configuration of tables or chairs required? 30 peOpiy . If yes)attach skeettj1ch.j. Special equipment required? ,&/( If yes, attach list. Copy of Rules & Regulations provided? Ly A Initial /71 (-Certificate of Insurance attached? How many times in the last two years have you used the Community Center? If applicable, how much did you pay for building and/or custodial fees? 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 maybe subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any .: sed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue an Taxation ode against Applicant's possessory interest in he City'; ility. SignGturs o Appl ate rev.02/03 3 a 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 J OEY1 �U P U � _ 6daeofty YU Salk Person in charge of activity 6-71 / Jc?) - r Address 145 (O Pakry) AU, S.OCi 9-) 5 `i Telephone((CIet) 1p c -- 1 q City facilities and/or property requested -try-)co Fv,-� C� Date(s) of use °- I 81- "60 j -16UA J9 icyo 3 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the. activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date Certificate of Insurance Approved by Name and Title rev. 02/03 SAN DIEGO COUNTY OFFICE OF EDUCATION 6401 LINDA VISTA ROAD, SAN DIEGO, CALIFORNIA 92111-7399 (858) 292-3500 Superintendent of Schools Rudy M. Cosrruiro. Ed D. Dear Charitable Donations Department: Per our conversation, I am sending you information regarding the San Diego County Office of Education (SDCOE) Juvenile Court and Community Schools program. The SDCOE Juvenile Court and Community Schools program offers a wide variety of educational programs to ensure that all students in the county have an opportunity to succeed and excel, both academically and personally. Following is our Mission Statement: The Juvenile Court and Community Schools will ensure that all students have equal access to a quality educational program which strengthens academic competence and enhances self-worth. Each student will realize his or her potential and become a positive, self-sufficient, and informed adult citizen. Over 1,900 young people are enrolled at approximately 97 sites located throughout San Diego County. Recent budget cuts have made it impossible for our teachers to get extra supplies, new supplemental books and other needed materials. We are trying to involve community businesses like yours in our students' lives. We deeply appreciate your immediate response to this request. Thank you for your time and consideration for a donation of any kind. Sincerely, Stacey C. Nickson Principal Debra Cosby -McFarland Parent Liaison Board of Education Nick Aquila- Ernie Dronenburg Susen Foy Jim Kelly SERVICE AND LEADERSHIP John Wirr Mary Lee, We are the Juvenile Court and Community Schools We are 30 teachers and other support staff. The JCCS provides an educational program for students in grades 7- 12 that can lead to earning a high school diploma, issued by the San Diego County Office of Education. Our teachers are licensed and credentialed by the State of California. San Diego County Probation Officers are on staff and assist with supervision. Every month we have a regional staff meeting, to improve Our teaching ability and students learning process. Our new building will be down the street from you and in front of the Red Lion Inn, It should be finished by 2004. The building will eventually be an administration facility where we would be able to hold our staff meeting on -site. But, until then we are hoping that you will help us. At -risk children from the city of National City will greatly benefit from our school program. We have three schools in that area that can allow students to obtain a diploma/scholarship and further their educations. Thank you for your consideration, Debra Cosby1cFarland ` City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE July 17, 7003 AGENDA ITEM NO. 18 ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITONAL USE PERMIT FOR A WIRELESS COMMUNICAITONS FACILITIY ON TOP OF THE PLAZA BONITA MALL (APPLICANT: VERIZON WIRELESS) (CASE FILE NO. CUP-2003-13) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION The project site is the main Plaza Bonita Mall building, which occupies about 6.6 acres of the roughly 70-acre mall property; it is zoned CSC-PD (Commercial Shopping Center - Planned Development). Verizon proposes to install a wireless communications facility on the roof of the building, about 60-feet east of the JC Penny department store. The facility consists of 12 panel antennas and necessary equipment, which will be placed inside a 10-foot tall, 450 square foot enclosure. The applicant's plans show the enclosure having an exterior fmish to match the mall building. The Planning Commission held a public hearing on this item at their June 16, 2003 meeting. They noted that the enclosure would completely screen the panel antennas and equipment, and that it was designed to match the mall building, resulting in a fully stealth facility. ( Environmental Review X NtA Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No, Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD f COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes - Carillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent - Pruitt ATTACHMENTS ( Listed Below.) 1. Planning Commission Resolution No. 22-2003 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and elevations A-200 8.99) Item no. July 7, 2003 RESOLUTION NO. 22-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF THE PLAZA BONITA MALL APPLICANT: VERIZON WIRELESS CASE FILE NO. CUP-2003-13 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on top of the Plaza Bonita Mall at a duly advertised public hearing held on June 16, 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-2003-13, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on June 16, 2003, support the following findings. 1. That the site for the proposed use is adequate in size and shape, since the 6.6 acre project site has sufficient area to accommodate the proposed facility, including the 450 square foot equipment enclosure. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by Plaza Bonita Road and Sweetwater Road, both arterials, and the wireless facility only requires one or two maintenance visits each month. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will assure that the proposed wireless facility will be adequately screened, and since its location near the center of the roof of the main mall building further reduces potential visibility of the facility from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of Verizon's wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility on top of the Plaza Bonita Mall. 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-2003-13, dated April 30, 2003. Additional antennas may be approved by the Planning Director if found to substantially confon with the design for installation shown on these plans. 2. The equipment enclosure shall include a roof or trellis cover, and have an exterior finish and color that is compatible with the existing mall building. 3. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 6. Building plans shall reference the 2003 edition of NFPA and the 2001 edition of the CA Fire Code. 7. All fire suppression system plans shall be submitted directly to the Fire Department for approval prior to installation. 8. 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. 9. 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. 10. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 7, 2003, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN OSR 'ohs :e,-+ �° s 100 0 100200 Feet PLAZA BONITA MALL ZONE BOUNDARY — m ®— — e CITY BOUNDARY RM-1-PUD N A LOCATION MAP Wireless facility at 3030 Plaza Bonita Road CUP-2003-13 NATIONAL CITY PLANNING DRN DATE 6/3/2003 INITIAL HEARING: 6/16/2003 PHOTO SIMULATIO Verizon Wireless Plaza Bonita 90 mw Neon et.Imono m vo n.ROUNC GR 6/T/95 9nn6 IINWI 1 90 NW. F,6O OWN. PLAZA BONITA ]W 6@9tl1A by 'WOOL OIS.G9190 SITE PLAN AS SHOWN 5- °o 0°0 4.3 O VeV ILAwireless I'Il&[19A1 G 9iFlY5 xwp a m WI07 Oa 9565 MI6 Sf. SIE iM X4 MO, G92121 mmxs: (ass) MO -MO iAY (69) 550-2152 WEST ELEVATION (A) EMINENT CABINETS MOUNTED ONTO (N) ONLY. STEEL PIATEO1M (N) VELUM 0IP,EIESS ANTENNAS BRA SECTOR 0 250' (4 TOP) MOUNTED BEHIND NP NAMING TO MATCH BUILDING T.O. (E) PENTHOUSE4 ELEV. 44'-0' SOUTH ELEVATION ABINES MOUNTED ONTO (II) GALV (N) EQUIPMENTCSSlEELTPLATFORM (N) 4'0 PARABOUC TREELESS ANTENNA 0 305' BEHIND REP SCREENING (NI) 'AEJ1O1 WIRELESS ANTENNAS GAMMA 0C1Ot 0 355' (4 11P) MOUNTED BEHIND REP SCREENING TO MATCH GUIDING. vfro VBIZCN lARGESS ANTENNAS ALPHA SECTOR OTSO (4 TIP) MOUNTED BEHIND RIP SCREENING TO MATCH GUIDING. (N) EXTERIOR SIDING TO MATCH (E) BUILDING (A) VERI20N 0IPE0E55 ANTENNAS BRA SECTOR 0 250' (4 11P) MOWED BEHOLD RR SCREENING TO MATCH BUILDING. (N) MAIIOV IIREIE55 ANTENNAS ALPHA SECTOR 0150'(4 TR) MOUNTED BENINO REP SCREENING TO MATCH BUEINNG. (A) EXTERIOR SUNG TO MATCH (E) BUILDING Fri 0) GUIDING E) BINDING n n PLAZA 00NITA TO (N) SCREENING /EON. U'-0' CENTER OF ,W/ENNA TO RODE OKA EIEV. 26-0 f AITIA GRADE EIEV. 0-O' T.0 IN) SCREENING Hfl. 11' 0' Noll: (N) EXTERIOR SUNG TO BE PANTED TO MATCH (E) BUILDING. / [FN1FA Cf_M'IFNNAS� 1.0. ROOF OEM NNISH GRADE EIiV 0. VMF �A I32=I-0 L G NrvMF 132.1-0 L 3 AwI A-3 AEETING DATE Tilly 17, 700'1 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 19 ITEM TITLE NOTICE OF DECISION — PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT WAL-MART, AT 1200 HIGHLAND AVENUE (APPLICANT: LARRY THORNBURGH FOR WAL-MART STORES INCORPORATED) (CAS E NO. CUP-2003-12) PREPARED BY DEPARTMENT Roger Po 36-4310 Planning EXPLANATION The project site is the new Wal-Mart, located at the southwest corner of Plaza Boulevard and Highland Avenue in the CG (General Commercial) zone. Construction of the roughly 136,000 square foot store and related parking and landscape areas is nearing completion. Previously the property was occupied by FEDCO, a large retailer who sold beer and wine at the site. Wal-Mart seeks approval to sell beer and wine for off -site consumption. The product, which consists of wine and wine coolers, would be located on a roughly 20-foot long aisle section near the middle of the store, more than 150-feet from the store entrance. Sales hours would be from 7:00 a.m. to midnight weekly. The Planning Commission held public hearings on this item at their May 19th and June 16th meetings. At the June 16th meeting, Commissioners questioned the Police Department representative about crime statistics and Police comments. They also heard testimony and received letters from community groups against the proposal. The Commission noted the proposed sales area was very small in relation to the store and that the potential for theft and on -site drinking were minimal due to strong Wal-Mart management, and the presence of on -site security. Environmental Review Financial Statement Categorical Exemption Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD 1 COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes - Carrillo, Flores, Baca, Martinelli, Reynolds Na es - Graham, Saludares, Alvarado Absent - Pruitt ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 21-2003 2. Location Map 3. 4. Resolution No, Site photos Reduced site plan and floor plan A-200 (9:99) Item no. 2 July 7, 2003 RESOLUTION NO. 21-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT WAL-MART, AT 1200 HIGHLAND AVENUE APPLICANT: LARRY THORNBURGH FOR WAL-MART STORES INCORPORATED CASE FILE NO. CUP-2003-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Wal-Mart, at 1200 Highland at a duly advertised public hearing held on May 19, 2003, and continued to the meeting of June 16, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff reports contained in Case File No. CUP-2003-12, 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, and continued to the meeting of June 16, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square foot Wal-Mart store has ample room available for the incidental sale of beer and wine. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project site is developed with a large retail store and has adequate access available via Highland Avenue and E. Plaza Boulevard, both arterials designed to carry a large volume of traffic, and since the proposed sales are expected to result in a negligible increase in existing traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the types and sizes of product that can be sold, and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer ands wine sales will allow Wal-Mart to offer a complete variety of products to its customers, similar to other existing large retailers. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permmnt authorizes the sale of beer an wine for off -site consumption at Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A and B, Case File no. CUP-2003-12, dated April 16, 2003. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be prohibited between the hours of 12:00 a.m. and 7:00 a.m. 4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 5. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 6. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 7. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 8. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 9. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 10. All disposable cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups or containers shall be given free of charge. 11. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 12. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003. 13. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 14. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displaag of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 17. No coin operated amusement devices shall be operated on the licensed premises. 18. 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. 19. 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. 20. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 7, 2003, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRMAN HEARING: 5/19103 DRAWN: 511103 INITIAL CG eis LOCATION MAP CUP FOR BEFR AND WINE SALES AT 1200 HIGHLAND AVENUE NATIONAL CITY PLANNING +'# .tangy, s:fA 4,4 NATIONAL CITY PLANNING DEPT. EXHIBIT .B CASE FILE NO. CUP-2003-12 DATE: 6/10/2003 t''''-e' p gdaa sas eoe�� ��� I;:; e+ �a e,. m alle ::: RI: N :1 1 i [II4 iv" 2 WI i n -+ S 10. IjI Fl %J L t iA a- Iiir IrIII 111 0 i!i� NATIONAL CITY STORE NO. 50ll PBdmWBz+pp@ Architects mEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 15, 2003 20 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — LA MESA R.V.- PARKING LOT SALE & SHOW G G' laudia Caro, Permit Tech. 33gE}PA PREPARED BcT[ ENT EXPLANATION Building and Safety This is a request from La Mesa R.V. to conduct a four -day recreational vehicle sale on the old Wards parking lot at the Plaza Bonita Shopping Center, from Thursday, July 31 through Sunday, August 3, 2003. The hours of the sale are 9:00 a.m. to 7:00 p.m. Any sales tax collected as a result of this sale is allocated to National City. Environmental Review Financial Statement The City has incurred $150.00 in costs in processing this Temporary Use Pen STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD < COMMISSION RECOMMENDATION ATTA ENTS ( Listed Below Resolution No. Application For A Temporary Use Permit with recommended approvals and/or stipulations. A 200 (9l80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND/OR STIPULATIONS/COMMENTS SPONSORING ORGANIZATION: La Mesa R.V. EVENT: La Mesa R.V. Sale and Show DATE OF EVENT: Thursday, July 31— Sunday, August 3, 2003 TIME OF EVENT: 9:00 a.m. to 8:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE STIP/COMMENTS [ ] FIRE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] FINANCE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x ] POLICE YES [ x ] NO [ ] SEE STIP/COMMENTS [ x } SPECIFIC STIPULATIONS / COMMENTS: FIRE 336-4550 1. Maintain Fire Department access at all times. FINANCE 336-4260 Any sales tax collected as a result of this sale must be allocated to National City. When filing the quarterly return with the State -Board of Equalization. A copy of the notice that is sent to the State - Board of Equalization is to be submitted to the Finance Department. A current business license must be on file in the Revenue & Recovery Division of the Finance Department for each vendor participating. (The Credit Union does not need a business license.) 07/08/2003 08:32 FAX ni" n0A0 0 0 to MAY CO. ENTRANCE tk tl% fn z -4 0 nit,/ ShoREB Wstfleici SHOPPINGTOWN PLAZA BONITA EMPLOYEE PARKING YOU MAY ONLY PARK IN THE SHADED AREA SHOWN noAD ENTRANCE 11111 I 5 . 12 me° Short C, PENNEY moNtoomenv WARD 4, swEETwtO 'o 07/09/2003 05:35 858374.8055 07/07/2003 15:01 61933643377 LMRV CITY OF NATIONAL OTY rAlot ntr nc PAGE 13 Type of Event: _ Public Concert Fair Festival Community Event Parade Demonstration _ Circue _ Block Patty "Motion Picture _ Grand Opening ,,Other. C..ms`t',_ Event Title: La, t R.V 4 1" Event Location: 1? 17i z 11'14 a isi\a.l j Event Dete(s): From " 1-N1-03 to FS • 3-03 Total Anticipated Attendance: Mon oayrY rr ( Participants) Actual Event Houre' ' ► (�,pm -"to 8'pd em� ��) Setup/assembly/consttuction Date: ~]- -01Stert time: 7 :oo9 :00cr ,./ Please describe the scope of your setup/assembly work (specific details): Pic k t'dot..1bv.,..es Dismantle pate:8' 14-0. Completion Time: (o ;Oft List any street(s) requiring closure as a result of this event. Include etreet name(s), day end time of closing and day end time of reopening. Sponsoring Organization: I IN.M R\j, A. For Profit �11 Not -for -Profit Chief Officer of Organization (Name) �,rvt'@c.� �„�.� Applicant (Name): i O ,1 Address: n j"' \ace. Pn - l Daytime Phone: 825 Fj)14-e0tIDEvening Phone: ( _jar Fax:f Contact Person "on slat" day of the event;T't w‘ -V"C tS,.a°,)t EmeliTTC tc �1 s vet eo Pager/Cellular: U n- - L•Ki4353 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I, 07/00/2003 09:35 0588748065 07/07/2003 15;01 61933643377 LMRV CITY OF NATIONAL CTY PAGE 03/02. PAGE 14 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose end provide amount(s): YES NO YES NO $ 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. \rl; toc' )a- 1 .'a(S M.j. \AP! \ U.a.'\\ e� �� be -k-1,-e_ )Lt rDt-5a n Q te. YES NO if the event involves the sale of cars, will the cars come exclusively from National City car dealers? IMO, list any additional dealers Involved In the sale: 2 07/08/2003 09:35 8588748055 07/07/2003 15;01 61933643377 LMRV CITY OF NATIONAL CTV PAGE 04/08 PAGE 15 YES NO Does the event involve the sale or use of alcoholic beverages? YES NO Will Items or services be sold at the event? If yes, please describe: Miler e YYl$S, TC1V Ya t �ifl t'�S" 5 t O ke e is YES INC 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. YES I NO Does the event Involve a fixed venue site? If YES, attach a detailed site map showing all street* Impacted by the event. _ YES INC Does the event Involve the use of tents or canopies? If YES: Number of tent/canopies Sires NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 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; A Alcoholic and Nonalcoholic Concession andlor Beer Garden areas. e> Food Conoession and/or Food Preparation areas Please describe how food will be served at the event: If you Intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable andlor Permanent Toilet Faclities Number of portable toilets: -4 (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 A Fencing, barriers and/or barricades > Generator locations andlor source of electricity > Canopies or tent locations (Include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures b 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 cane. Trash containers with Ills: ! Describe your plan for dean -up end removal of waste end garbage during and after the event; 3 07/09/2003 09:35 8588748065 07/07/2003 15:01 61933643377 LMPV CITY OF NATIONAL CTY PAGE 05/0D PAGE 16 Please describe your procedures for both Crowd Control and tnten* Security \t 1e i. l 1 I C e5 ._.,7tn.S+-e Cg09 prt YES NO Have you hired any Professional Security arganization to handle security arrangements for this event? OYES, please tist security Organization: csAi ewe —TN. —VS Security Organization Address: ThD La CZAA.t 2\r 7`- cieC YES Cc.+.. `1212 Security Director {Name):Otv1IN.PA)e. . Phone: RIA'19353 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 spectetors: P`lertse Indlcpte vile arrangement Ru,have made for providing First Aid Staffing and Equipment Please describe your Aoceeslblltty Plan for accesyat your event by individuals with disabilltl s: < 1 1, c � U-3,Je Please rovide a detailed description of your PARKING Meru Please describe your plan for DISAt31.EP PARKING: 1 r �•ric 1S _..?N4\c\e 4 PAGE 06f'9d PAGE 17 LMRV CITY OF NATIONAL CTY 07/08/2003 05:35 3588748055 07/07/2003 15:01 61933643377 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City perks. _ YES J)40 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; Type of Music: YES I.NO Will sound amplification be used? If YES, please Indicate; Start time: am/pm Finish Time am/pm YES "aN0 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 YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3101 07/03/2003 09:35 8588748065 07/07J2003 15:01 61933643377 CITY OF NATIONAL CTY LMRV °AfGC IT 7 / YEN PAGE .18 Event: Department Date For Office 'use On.C'y Approved? Yes No Specific Conditions of Approval Initial r u Council Meeting Date: Approved: Yes No Vote: BUILDING AND SAFETY DEPT RECEIVED JUL 082003 Kathteen Trees, Director Building & Safety Department NATIONAL CITY, CALIF 6 07/03/2003 09:35 9588748055 LMRV 67/07/2003 15:01 61933643377 CITY OF NATIONAL CTY PAGE 19 City of National City PU1S1_1C 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 i3.,: Me i'. *Al Person In Charge of Activity )aa a �-�' M•np.��t�,2r'rx Address �C Telephone aTthEni-j_ gebC Dates) of Use ) -31 j'3 `a 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 9r its agents, employees or contractors. Signature of Applicant QfflciaT Tide For, se curly Certificate of Insurance Approved Date I 07/08/2003 08:31 FAX Don Facsimile DATE: TO: FACSIMILE NUMBER: FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: r estitteld SHOP PIHGT001/N PLAZA BONITA 3030 Plaza Bonita Road National City, CA 531050 Telephone (616) 267.2850 Facsimile (618) 472.5652 GOQ0-1J-e -/Qe tteeolzd:? 6Lvu 1Qv \5(960 /6'T 0-7/ drA-at (-5 rC(. ;P(f2-a)4-(_ QP-0- gtiL. koitx a2441_ The contents of this facsimile (including attachments) alf you y be privileged edived the confidential. ement in array, Any unauthorized use of the contents is expressly p please advise us by telephone (reverse charges) Immediately and then shredlthe document. Thank you. City of National City, California COUNCIL AGENDA STATEMENT July 15, 2003 21 AGENDA ITEM NO. MEETING DATE ITEM TITLE TEMPORARY USE PERMIT — FIRST UNITED METHODIST CHURCH STREET FAIR GC . PREPARED BY Claudia Caro, Permit Tech.De WENT Building and Safety EXPLANATION ns request from the First United Methodist Church to conduct a street fair on Street between 8th and Plaza Blvd. The event will include carnival rides, food booths and musical entertainment. A private security company will be used. The times of the event are as follows: Setup dates Hours Teardown Thursday, August 14 Friday, August 15 Saturday, August 16 Sunday, August 17 Sunday, August 18 7 a.m. — 5 p.m. 3 p.m. —10 p.m. 11 a.m. — lO p.m. 12 p.m. — 10 p.m. 7 p.m. — 11 p.m. The church is requesting that C street be closed between 8th Street and 7 a.m. on Thursday until 11:30 p.m. on Sunday. The Fire Department alternate closure of C between 8th and 9th St. be used. The church is requesting a waiver of fees. The event and organization tni er 704. Plaza Blvd. from recommends that the qualify for a waiver Environmental Review Finan I r� curred $345 in costs for processing the T.U.P. through various City departments, a $50 inspection fee is being requested from the Finance Dept., and $125.98 from the Public Works Dept., totaling $520.98. The Finance Dept. is also requesting that a $2,500 bond be posted. Account No. STAFF RECOMMENDATION Approve the Application for a T� o�ra y U pp ppse Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) Resolution No, Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. 4-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: First United Methodist Church EVENT: Street Fair DATE OF EVENT: August 15-17, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] BUILDING AND SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x ] Health Department, San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: FIRE 336-4550 1. The Fire Department can not allow a cross street like C Avenue to be closed from 8"' Street to Plaza Blvd. for four days. 2. There are homes in the area and a fire hydrant at 9th Street and C Avenue that may be needed for firefighting. Also, should there be a medical emergency, a street closure to this extent could cost valuable time. 3.. The alternate request of C Avenue from 8th to 9' Streets could be accommodated with the provision that the above mentioned fire hydrant be left accessible and a path left for medical responses. 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 2. First United Methodist Church execute standard hold harmless with the City of National City. 3. That the City of National City and its officials, employees, agents and volunteers be named as additional insured on above policies. 4. Standard hold harmless signed. FINANCE 336-4330 1. A $2,500 bond and a $50 inspection fee are required for the carnival or circus. They must be paid at least 2 weeks prior to the start date of the event. 2. Each participating vendor must have separate business license. Vendors currently licensed by the City may operate on their existing license. A list of all approved vendors (with their address phone number and current National City business license number) is to be provided th the Revenue and Recovery Division of the Finance Dept. at least 2 weeks prior to the event for verification of business license numbers. 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 & Recovery Division, business license section. POLICE 336-4400 1. If event organizer hire private security, Police personnel will not be necessary. 2. If private security is not hired the 2 officers will need to be assigned on overtime each day of the event from opening to closing. PUBLIC WORKS 336-4380 1. 9`1' Street at C Avenue also needs to be closed; this will restrict access by residents in the 900 block of C Avenue. 2. City crews will need to post "No Parking" signs on C Avenue and barricade the streets on 8/14/2003. 3. Fair participants will need to retrieve barricades to corner at the end of the event for pickup by City staff. 4. Cost $125.98. BUILDING AND SAFETY 336-4210 1. Notify the property owners in the area at least 72 hours prior to the event. Provide the Building and Safety Department a copy of the notice and areas to be notified before mailing. Specifically notify the residents on C Avenue and 8`h and 9'h one block to the east and west of C Avenue. ENGINEERING 336-4380 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity call Charles at 336-4380. a C A 4412 ,.,1 64, o:,)1 'NJUd� 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 First United Methodist Church of National cit Person in Charge of Activity Benjamin A. Richardson Address 247 F Rt11 Straat, National City Telephone 619 477-2741 Date(s)ofUse 8/15/03-8/17-03 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 Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Type of Event: Festival _Public Concert )a Fair _ _ Parade _ Demonstration _ Circus Motion Picture __ Grand Opening _ Other ------- — Event Title: First United Methodi st Church St j Fair S -,) Event Location: c street hetween 8th & Plaza Blvd 4 Event Date(s): From 8/15/03 to 8/17/03 Total Anticipated Attendance:( 1000 —Participants) Month/Day/Year ( Spectators) Community Event Block Party Actual Event Hours: am/pm to am/pm 8/15 3p.m -Setup/assembly�construction.Date:Op a/i4/n'ABStart tim17 e:m7 a.m_m Please describe the scope of your setup/assembly work (specific details): Fntai1 the set up of amusements and rides for children. There will be sale of carnival -styled fast foods Dismantle Date: 8/18/03 Completion Time: 11 p.m. am/pm 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. C Street will need to be closed at the intersection of 8th St on the, north and at Plaza Blvd to the south. Streets will be closed at 7 a.m. on 8/14 and reopen 3/13/03 at 11:30 p.m. Sponsoring Organization: First United Methodist Church Chief Officer of Organization (Name) Rev. Juan Riingen Applicant (Name): Benjamin A. Richardson Address: 505 Ri vvrrend Way, c rnl a vista CA 91914 Daytime Phone: (619 427-6700 Evening Phone: (619) 482-7885 Fax: (619) 216-4755 Contact Person "on site" day of the event: Benjamin A. Richardson For Profit xx Not -for -Profit Pager/Cellular: Cell 619-994-0286 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS I Is your organization a "Tax Exempt, nonprofit" organization? .x. YES _ NO Are admission, entry, vendor or participant fees required? x_ YES _ NO If YES, please explain the purpose and provide amount(s): Eimrl Rai Scar $ 5500.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Volunteer Help $ Estimated Expenses for this event. $ % of gross Cia+ks f 1e 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. Carnival rides, amusements and prepared food sales. Santa Fe train, kiddie fun wheel, jump, super slide, Disney swing, mechanical bull, ride simulator, rock wall 2 _ YES NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: Food and beverages, carnival ride tickets YES _xNO 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. x_ 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 _x 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: prPpac-kagpd foods If you intend to cook food in the event area please specify the method: x GAS ELECTRIC _ CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 1 (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 or related structures > Scaffolding, bleachers, platforms, stages, grandstands ➢ 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.) 3 Number of trash cans: 3 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: volunteers 3 Please describe your procedures for both Crowd Control and Internal Security: USe of a security company X YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Allied Security { Security Organization Address: 7670 Opportunity Rd #210 San Diego CA 92111 Security Director (Name): Randy Davis - Phone: 858-874-8200 X 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: Lighting will ha prnvi dpcl by carnival npPrator Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Fi rct _pi r1 atati nn will ha mannarl at Fi rat tini tart Mathrulist rhnrnh airing all hours that the event is open Please describe your Accessibility Plan for access at your event by individuals with disabilities: Al 1 ri clan amncamani-s, Enna and ractrnnmc will ha nn grarla Please provide a detailed description of your PARKING plan: Parking will be strcct parking. First come, first served 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 2 parking spaces will be marked disabled parking. One at the corner of 8th & C St., the other at the corner of 9th & C St NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. t s related to your event? If YES, YES _ NO please state the number ofthere any musical rstages,nnumber eof bands and type of music. Number of Stages: 1 Number of Bands: b rhS Type of Music: ris contemporary, Christian, traditional x YES NO Will sound amplification be used? If YES, please indicate: Start time: 1 2: 00 p. mam/pm Finish Time 1 0 p. m .. am/pm xYES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 a.m. amlpm Finish Time 1 1 as . mam/pm Please describe the sound equipment that will be used for your event: microphone, amps, musical instruments, etc YES x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: __YES __ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use OnCy. Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval BUILDING AND SAFETY DEPT. RECEIVED JUN 0 6 2003 NATIONAL CITY, CALIF; 6 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 3. Name of the sponsoring organization First United Methodist Church of National City Type of Organization church (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x 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. x 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? x Yes (Please provide an explanation and details. TAYPq will brl pRia ran furor ganer:,ta.-by *lie sa r-J ^r " 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. x 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: x No (P lease sign the form and submit it with the TUP Application) Sign ture Da e 9 A CORD, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYY) 05/27/2003 PRODUCER (626) 254-5900 Hub International of California, I East Huntington Drive cite 100 Arcadia, CA 91006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED First United Methodist Church 242 East 8th Street National City, CA 92050 COVERAGES INSURERA: GuideOne Specialty Mutual Ins. Co. INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 9927318MV 01/01'/2003 01/01/2004 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) 5 1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 POLICY PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STOTH- TORV LIMITMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Use of City Facilities for Street Fair Carnival on August 15-17, 2003. The City of National City, its officials, employees, agents and volunteers are Additional Insureds only as respects operations of Named Insured. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDREP. RESENTATIV,E1 ACORD 25-S (7/97) © ACORD CORPORATION 1988 350781/ Ref:City of National City City of National City, California COUNCIL AGENDA STATEMENT 22 MEETING DATE AGENDA ITEM NO. July 15, 2003 ITEM TITLE TEMPORARY SALE Claudia Caro, Permit Technician 336-4210 PREPARED BY DEPARTMENT Building and Safety EXPLANATION This is a request from McCune Motors to conduct a three day used vehicle tent sale at the Plaza Bonita Shopping Center, from Friday, August 22- Sunday, August 24, 2003. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. Environmental Review Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. STAFF RECOMMENDATION Account No. N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No, Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/90) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: August 22-24, 2003 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS• YES [ x ] NO [ ] SEE CONDITIONS [ ] APPROVALS - PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS I. ] 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. Certificateof AI insurance mustAb�e attached to this permit. Organization i1/1 awe' /' o-ro gs Person in Charge of Activity M Address 4-o i� A- f r0 � I Ty v 6, l i sp � � / f s- Telephone 07 — 4177 / - 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 - e use of pu • is property or the activity taken under the permit by the permi - •r itsagnt ployees or contractors. Signat ` of Appli Official Title Date 1-or Office. Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert Parade Motion Picture Event Title: Fair _ Festival Demonstration _ Circus Grand Opening — Other_ T 1 (Jc Event Location: L'I Event Date(s): Fromk---) 2-r, to pp' Month/Day/Year Actual Event Hours: % pm to /0 Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): ;! i i4(c� 4'o C`P /e-s7-14-c-7,14,,c-, Community Event Block Party ic\ Total Anticipated Attendance:( Participants) ( Spectators) P • p Dismantle Date: ' ).S Completion Time: a-. 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. Ai Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): r' 1 M (--CAL Address: c.14-0 -6'-1 tol-\ l-'L C. Iku-v (..1 ,% _ ei( C� `—D Daytime Phone: ( 411 f (Q 1 Evening Phone: ( )4-71 1(0 I Fax: Contact Person "on site" day of the event: ( /� g"y 7 (Q , 11 l (� Email Pager/Cellular: Cp t (A— ` a-- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS y. For Profit Not -for -Profit 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO _ YES 7 NO 000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ , 000 Estimated Expeses 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. k A-tt t-'4) -MET-17- Spi,---c_6 fro Hub Creco►,4 A.1 t 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 x NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: YES NO 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. 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 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: If you intend to cook food in the event area please specify the method: 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 area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades D. 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: s Please describe your procedures for both Crowd Control and Internal Security: (L-L 6lJo r- v-- (Aj (A-4 4 M YES 7NO 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: Please indicate what arrangement have madq for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: /\J o f / (-77 0^L Please provide a detailed description of your PARKING plan: 0 Ai S( : CMA- -PAe-f 472E4 Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the M I6 V 77i, Jai ,( rr9 G� Aye' 'rNOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. event: )<,,,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: Number of Bands: (46' Type of Music: 7,YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time YES YES am/pm NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES )(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 $utLRSAFETY DEPT RECEIVED JUN 2 5 z003 NATIONAL CITY, CALIF. 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 (proceedst) Question 2) r-/, No (Please sign the form and submit it with the TUP Application) 2. Please state the for which the TUP ias soughme and t/ and then proceed to Question 3.pe of organization sponsoring event 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: (P lease sign the form and submit it with the TUP Zi001. 06/25/2003 12:31 FAX Facsimile %deliSHOPPiNl PLAZA BON]. TA 3030 Plaza Bonita National City, CA 91950 Telephone 267-2850 Facsimile (619) a i472a DATE: TO: (o/(9-510 FACSIMILE NUMBER: FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: etw,z (d)tiu�„e.�_—u...�;�1 ,hze- ,4elclr�%. a. �-er4-' 02 �vl ao 11-4Gui,t- as - z4 vaL. etk. 1442AY The contents of this facsimile (including attachments) may be privileged and confidential. My unauthorized use of the contents Is expressly f you have received the document in error, pleas advise us by telephone (reverse charges) immediately improhibited. land then shred the o um Thank you. City of National City, California COUNCIL AGENDA STATEMENT July 15, 2003 MEETING DATE ITEM TITLE TEMPORARY USE PERMIT - REQUEST BY THE BOYS & GIRLS CLUB FOR PERMISSION TO HOLD THEIR ANNUAL CASINO NIGHT AND SILENT AUCTION ON AUGUST 16, 2003 AND TO SELL BEER AND WINE. PREPARED BY Kathleen Trees 4210 DEPARTMENT Building & Safety AGENDA ITEM NO. 23 EXPLANATION The Boys & Girls Club is requesting permission to hold their annual Casino Night and Silent Auction on August 16, 2003. In addition, they are requesting permission to sell beer and wine at the event. The Municipal Code requires a TUP for the sale of alcohol on park land. Last year was the first year alcohol was sold at the event. The Boys & Girls Club is requesting a waiver of fees. The application and event qualify for a waiver of fees per City Council Policy #704. Environmental Review bIA Financial Statement The City has incurred in costs $191 for processing the T.U.P. through various City departments Account No. STAFF RECOMMENDATION Approve the Application for a Tempoary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD I COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below Resolution No Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/80) Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circus Motion Picture _Grand Opening _ Other Event Title: Ce S <" r ✓ n 1\L , 4L ( Event Location: / t j 3 U P Event Date(s): FromGi Anticipated ated Attendance: afi0 a - r p ( a- Participants) onth/Day/Yea( Spectators) CF/ vElpr 1120 _ C o Community yY41444 CiT}• 3 CAL/A: Actual Event Hours: (a a to y a/� /m Setup/assembly/constrtiction Date:t a /V ita, tart time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm 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: 1J 01, c 4 t 4, I L v v Chief Officer of Organization (Name) r F S Fla Applicant (Name): F S /> R.y Address: For Profit Daytime Phone: (ten) 4177-5" / vening Phonne: ( ) Fax: ( ) ho Contact Person "on site" day of the event: Email DC' n e . Uv:5 Pager/Cellular: NOTE: T HIS 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): ES NO (----CFES _ NO 'eel U $ )+ 5, OOc $ 5 ©M) $ /Djoou 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. („,k a tl, 4'I ope✓fo1,i5 Po N -- P , � L+s f kn n ' S _ "1'11 0- �( wln (lc /� fi ft Q' ril�^'' OF 4 s �,')i b ALI, 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: 2 V YES NO Does the event involve the sale or use of alcoholic beverages? YES 1--NO Will items or services be sold at the event? If yes, please describe: YES10 YES -''N-O YES YES 'ENO 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 eventinvolve 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. 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: If you intend to cook food in the event area please specify the method: 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 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: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for botr Crowd Control and Internal Secur t H (C I a YES LAO 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: ES 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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: 0.1 Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES ENO 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 (/ Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm YES ✓NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES Ii41O Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office The 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 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 3 IY Telephone �1-- / f Date(s) of Use 4ce 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 pe)7rpittee or its agents, employees or contractors. plicant v ti L261. 00e 06-_,(10,.., 3 14 ir Cal Official Title Date For Office Use Only Certificate of Insurance Approved ._______.— Date 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? t res (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3.6Th Name of the sponsoring organization �`j s Dt +,/s �l L Type of Organization C 1 t C (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? l—'es (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? i/�Yes (P)ease provide an ex anation and det Is. r o c CC r�1 5 (4.."f �� O 10 V I E' r ."7 k� 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. 1---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? l/Yes (Please provide an e planation 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: /67J a'v Funds were used to: No (P lease sign the form and submit it with the TUP Application) ff1', ii 2W3 Dated 9 OFF AGENDA ITEMS 1. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale July 18 — 21, 2003 9 am to 10 pm 2. Temporary Use Permit — National City Chamber of Commerce — Heritage Days Annual Parade of Vintage Cars and Auto Show Sunday, August 3, 2003 9amto4pm MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT July 15, 2003 ITEM TITLE PREPARED BY AGENDA ITEM NO. 2S TEMPORARY USE PERMIT — McCUNE MOTORS -USED VEHICLE '1'EN'1' SALE Claudia Caro, Permit Technician 336-4210 Building and Safety DEPARTMENT EXPLANATION This is a request from McCune Motors to conduct a three day used vehicle tent sale at the Plaza Bonita Shopping Center, from Friday, July 18, - Sunday, July 21, 2003. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. Environmental Review X _ N/A Financial Statement The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9/80) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: July 18 — 21, 2003 TIME: 9:00 a.m. until 10:00 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 ] NO [ 1 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. 06/25/2003 12:31 FAX fool WestfieldFacsimile . SHOP PIMOTOWN PLAZA BONITA 3030 Plaza Bonita Road National City, CA 91950 Telephone (619) 2674650 Facsimile (619) 472-5652 DATE: TO: (.0/x510, FACSIMILE NUMBER: FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: t / r tC irAlM,<_U..wLI -� ' ""dLxt, �.. q",ecJ- 69-a-PL iM- 02 ovc 18-av A,., �,,,t as 24 V) ebv_ oa-o-L- r 142.04 tuLdxt;Tes citLaJd4- The contents of this facsimile (including attachments) may be privileged and confidential. Any unauthorized use of the contents Is expressly prohibited. If you have received the document in error, please advise us by telephone (reverse charges) immediately and then shred the document Thank you. Type of Event: Public Concert Fair Festival —Community Event _ — Parade _ Demonstration _ Circus Block Party _ Motion Picture — Grand Opening Other Event Title: 67 16ft 61--k. a6-Agewc-L': (--CA-1--if Event Location: z(21.: °+ T3 IN-1 1 j IN Event Date(s): From 7- 1.6 to 7 / 0 Actual Event Hours: Total Anticipated Attendance: Month/Day/Year ( mto (0 a Setup/assembly/construction Date: Participants) Spectators) Start time: Please describe the scope of your setup/assembly work (specific details): It k -L- 40 u e—s he Dismantle Date: ci/ Completion Time: am/p n 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. tqA Sponsoring Organization: (•.l6 l sL.6 J !For Profit Not -for -Profit Chief Officer of Organization (Name) N Y M C C-d-rig AA /� Applicant (Name): D t-�C..C..1 14 (_- Address: —7_?< —0 11 M i\--( lO 0 P1/4--(... R-c_Ni 411 (I0 i Evening Phone: L J47 7 110 I Fax: (_)4-7 — £4 Daytime Phone: Contact Person "on site" day of the event: Email Pager/Cellular: tQ I (— 3 DA" g 1 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 j` NO Are admission, entry, vendor or participant fees required? YES \NO If YES, please explain the purpose and provide amount(s): $ ®k 000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ (;'Q ' 00 0 Estimated Exgenses 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 o any other pertinent inform n about the event. t Ai tS �-1-141 f./1KA_u but 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 NO Does the event involve the sale or use of alcoholic beverages? N4 YES NO Will items or services be sold at the event? If yes, please describe: �S \FRtc.E-5 _ YES IO 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. _ 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 )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: If you intend to cook food in the event area please specify the method: 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 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: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Pleafdescribe your procedures for both Crowd Control and Internal Security: iz-- ( �1—y \ ( t_ - V..)e© ?-lam . 6,r ct-i M A--( I- I -gyp YES X\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 xNO 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. (‘N1LL S Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: M�(21 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: IT) NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. )(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: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YES ,XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 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 BUILDING AND SAFETY DEFT; RECEIVED JUN 2 5 2003 NATIONAL CITY, CALIF 6 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 3. 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: No (P lease sign the form and submit it with the TUP Ap ' tion) atur 9 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 kAkC6tSG Moll Person in Charge of Activity E® ?-A 4 Address arg 40 n t\1 (o 124 ,C, / / Telephone 61 4211 1 9 4--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 ail claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other Ii. • i ty, includin attorneys fees and the costs of litigation, arising out of or relat:. o use blic property or the activity taken under the permit by the per a or 'ts a employees or contractors. Signa Official Title` Date 7-or Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT July 15, 2003 MEETING DATE ITEM TITLE TEMPORARY USE PERMIT - NATIONAL CITY CHAMBER OF COMMERCE — HERITAGE DAYS ANNUAL PARADE OF VINTAGE CARS AND AUTO SHOW AGENDA ITEM NO. C-- PREPARED BYClaudia Caro, Permit Tech. 3DEPARI'MENT Building and Safety 2la EXPLANATION This is a request from the National City Chamber of Commerce to conduct the Annual National City Heritage Days Annual Parade of Vintage Cars and Auto Show in Kimball Park from 9:00 a.m. to 4:00 p.m., on Sunday, August 3, 2003. The Parade of Vintage Cars will form at Cleveland Avenue and 20th Street at 8:30 a.m. Led by police reserves, the cars will drive down the Mile of Cars and past some historic homes, ending at Kimball Park at 10:00 a.m. There will also be food vendors, live international entertainment, games and local vendor booths. The Chamber is requesting to use the City's P.A. system and stage and also for the City's 1925 Fire Engine to be on display. City Council Policy No. 704 limits events in the park to a minimum of 6 weeks between events. The Lions Club 4`h of July event ends on July 6th leaving only 4 weeks between the events. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. 704. Environmental Review N/A X Financial Statement The City has incurred in costs $345 for processing the T.U.P. through various City departments and $392.00 for the Police Department and $300 for the Public Works Deparilrent#01046,037.00 STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees and waive the 6-week requirement for use of the park. BOARD / 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: National City Chamber of Commerce EVENT: Heritage Days Annual Parade of Vintage Cars and Auto Show DATE OF EVENT: Sunday, August 3, 2003 TIME OF EVENT: 9:00 a.m. to 4:00 p.m. APPROVALS: +4 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 [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. During the parade: • No Fire Department access is to be blocked at any time. • Right-of-way shall be given immediately to all emergency vehicles. • No fire hydrants FDC's, Fire Department connections shall be blocked at any time. 2. At Kimball Park: • The above stipulations shall remain in effect. • Also, a site map shall be provided describing the layout of vehicles, food booths, emergency access routes, etc. Fire apparatus requires a 20 foot width and a 13 foot 6 inch vertical clearance. • Fire extinguishers with a 2A:10BC rating will be required at least every 75 feet. FINANCE 336-4330 1. If vendors will be present on this event, a business license is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any vendors or an organization is registered not -for -profit, there will be no charge for the business license. However, a business license certificate must be obtained form the City Revenue and Recovery Division,•Business License section.. PARKS & REC. 336-4290 1. Parks & Rec. will coordinate event with other city departments if approved. 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 1. Minimum limits of one million dollars per occurrence of general liability insurance (Done). 1. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy (Done). 2. Standard hold harmless signed. (Done) 3. One million dollars for auto liability insurance including non -owned and hired auto (Done). POLICE 1. Police reserves will be requested to work but one regular officer will need to be assigned to the park command post on overtime (neighborhood police team is not available). 2. If reserves are not available at least two regular officers plus the command post officer will need to be assigned on overtime. 3. Total a. 1 Officer — 8 hours x $49.00 = $392.00 b. 3 Officers — 24 hours x $49.00 = $1,176.00 c. (Does not figure 2% increase effective 7/8/03) PUBLIC WORKS 1. Participation from street division is not requested. 2. Electrician and 1 Custodian to set up electrical and event setups 3. Cost $300.00 (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX 6/5/03) Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration Motion Picture _ Grand Opening Event Title: Festival Circus Other National City Auto Heritage Day Event Location: Kimball Park 61(9 *4?'O X Community Event)) �00,9 _ Block Party , C 94 Event Date(s): From Aug . 3.03to one day Total Anticipated Attendance: 6,000 Participants) Month/Day/Year ( ( Spectators) Actual Event Hours: q am/pm to 4 am/pm Setup/assembly/construction Date: 8/3/03 Start time: 7a.m. Please describe the scope of your setup/assembly work (specific details): Fnnd Craft Booths, Placement of cars for Auto Show, Stage and P.A. for and entertainment. Dismantle Date: 8/3/03 Completion Time: 5 am/pm 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. Parade of Vintage cars forms at 20th & Cleveland at 8:30a.m. and ends at Kimball Park at 10:00a.m. No street closing necessary. Sponsoring Organization: Natinnal r'ity Chanihar of Cnmmarce Chief Officer of Organization (Name) Edith A. Hughes Applicant (Name): National City Chamber of Commerce For Profit Not -for -Profit Address: 901 National City Boulevard, National City, CA 91950 Daytime Phone: (61 9) 477-91'19 Evening Phone: (61 9) 475-61 94 Fax: (614 477-5018 Contact Person "on site" day of the event: Patti Finnegan Edith A. Hughes Email Pager/Cellular: 392-2982 890-2128 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? l_ YES NO Are admission, entry, vendor or participant fees required? x YES NO If YES, please explain the purpose and provide amount(s): Auto entry fee - $10.00 craft booth - $30.00, game - $20.00, Free Admission $ 19,500 $1 9, 92.5 $ 3,575 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. To celebrate National City's Automotive History. Vehicles on show will include Antiques, Classics, Vintage, Customs, Race Cars, Trucks, Bikes and Motorcycles. Family event, open to the public. There will be live international enter- tainment, games and local vendor/craft booths. We also request th City's 1925 Fire Engine to be on display. We request use of City tables and chairs. Number needed to be confirmed later. NA 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 X NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: Food by the National City Chamber, Historical Society and Crafts X YES NO 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. x 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 evert involve the use of tents or canopies? If YES: Number of tent/canopies 1 Sizes 20x20 tent top only NOTE: A separate Fire Department permit is required for tents or canopies. X YES 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: Barbecued hamburgers and hot dogs will be sold by th National City Historical Snriaty and Chamber of Commerce. If you intend to cook food in the event area please specify the method: GAS y ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 6 (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) 5 regular, 1 handicap and Park restrooms > 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: provided Trash containers with lids: by City Describe your plan for clean-up and removal of waste and garbage during and after the event: Vendors will clean up their areas. 3 Please describe your procedures for both Crowd Control and Internal Security: Police Reserves _ YES x_ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: a Security Director (Name): Phone: _ YES X 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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: open Park area Please provide a detailed description of your PARKING plan: Parking around Park Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: letter will be sent to neighborhood residents NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X 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: 1 Number of Bands: Type of Music: Common; ty and school grcotps x— YES _ NO Will sound amplification be used? If YES, please indicate: Start time: / 0 am/pm Finish Time 3 am/pm YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Request City's P A system and Stage YES x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X 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 REQUESTFOR A WAIVER OF FEES 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? x Yes (proceed 4o Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization National City Chamber of Commerce Type of Organization Non -Profit (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? x 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. x 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? x Yes (Please provide an explanation and details. Participants and attendees may eat and shop in National City 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? x Yes (Please provide an explanation and details. To those who participate with a game booth, etc. 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: x No (P lease sign the form and submit it with the TUP Application) Signature ate 9 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 National City Chamber of Commerce Person in Charge of Activity Fr; rh A H„gha9 Address 901 National City Boulevard, National City Telephone (619) 477-9339 Date(s) of Use A„g,,t 1, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, 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 fhiaf Executive Officer June 3, 2003 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 11/21/02 THU 11:55 FAX 858 452 8004 WATERIDGE INS. I1002 . ACOA/!„ �:.:acr: rrv:c'+-sw.J+T•:.:,.: a;.• P:14M1tri PRODUCER Wateridge Insurance Services 10525 Vista Sorrento Pkwy #300 San Diego CA 92121 Ronald B. Guy Pane NO, 858-02-2200 Fe: tip. 858-452-6004 INSURED National City Chamber of Commerce 711 "A" Avenue National City CA 91950 + L�. ( IMa i;:a st% ? 1 �� , !, '�'.I : w1E 6�iti jl�Y.,y.�w�� l.. '!`- COVERA TO CERTIFY R IF1 a THAT THE 'amiss S O INSURANCE LISTED BELOW t�',WHA.E BEEN.liSUEDOTH OR5O NAMED, ,TM NDICATD, NOTWITHSTANDING OT I HSTANDNG YIRE UREME ,TE i3R CONDITION Or ANY CONTRACT OR OTHER OOCUMEAWiM RESPECT 'reW1 CH TIDCPERIOD INDICATED, NOT T BE ISSUED ANY REQUIREMENT, T, TERM CERTIFICATE MAY BE ISSUEDOR MAY PERTAIN, TIEITISURANCE AFFORDED OVINE POUCIE9 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OCCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS Slj(1WN MAY HAVE BEEN REDUCED CY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSUMNCE POLICY NUMBER • l e4t • i l ,G, „. DATE (MW00 fl tN1p sOWr�'S\i•• %^, ,h ., us. .z == • G6iiMM^, 11/21/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE coMPANY. A eland Casualty Company COMPANY B COMPANY C CO LTR GENERAL UABIUTY A X COMMERCIAL GENERAL LIABILITY -447-1 CLAIMS MADE I ^ I OCCUR OWNER' A CONTRACTOR'S PROT PAS038912516 AUTOMOBILE UABIU1Y ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON•OWNEO AUTOS GARAGE LIABILITY ANY AUTO DAS038912516 COMPANY 0 DATE(MMIDDIYY) DATE IMWOD/ YI 09/22/02 09/22/02 09/22/03 OMITS GENERAL AGGREGATE $ 4, 000, 000 PRODUCTS-COM►/OPAGG 34,000,000 PERSONAL A ADV INJURY 3 2 , 000 ,000 EACH OCCURRENCE $2 , 000 , 000 FIRE DAMAGE (Airy one NM $ 2,000,000 MED EXP (Any DO. Po'OM $ 10 , 000 09/22/03 COMBINED SINGLE LIMIT BODILY Perry Rion) BODILY INJURY (Pm aocldont) 31'000,000 PROPERTY DAMAGE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YHE PROPRIETOR) PARTNERSIEXECUTNE OFFICERS ARE: — OTHER A Property Coverage INCL EXCL PASO38912516 AUTO ONLY -EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE 09/22/02 09/22/03 S S rft1w4}:,�.'g 3 JTOSr IAI R CR EL EACH ACCIDENT 3 EL DISEASE • POLCY OMIT EL DISEASE • EA EMPLOYEE S ohAtOW Building $111,000 Contents 842,000 DESCRIPTION Or OPERATIONSROCATIONSNEHICLESISPECIAL ITEMS *EXCEPT g AN PT100 DAYS NOTICE NON OF PREMIUM. CERTIFICATE HOLDER IS NAMED � j`� 7,n�y,. } �`?IF a.7 �-G i L} }�A A'"(id—'61ixlyt yN;-�. J M I f iS u vr' ,I PJ r .4vS� I:yys.CAig.. L NRlt:�JC Y-�X�' r tL'4�.�4ART.ID.a t6I. E.1:eIG, ..!".SN W�. ffl -! CEItTIF16�47�Pfi,H L...9�.+R.a!' M �n`: iW:`'P� io>~cd r ilu :,, N a{i?� /J} .r %CI1 �.:.rSHOUL.,A s .. NATLCI l SHOULD ANY OF THE ABOVE bESCNBEO POLICIES BECANCELLEO BEFORETTiE ExPIRATION DATETHEREOF, THE ISSUING COMPANY WILL ENOEAVORTO MAIL 3O i DAYS WRITTEN NOTCE 10 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE ND OBLIGATION OR LIABILITY CITY OE' NATIONAL CITY 1243 NATIONAL CITY BLVD, NATIONAL CITY CA 91950 Ronald R. Guy ro! �K 1A 8 �2A ...,, •t[I Ik�Y: n�^vA's SST ME.,�':"n '",Fl° +"TE«,,'a'°.(:``�.sr•5;r=t kK`=t' ta{�..'%.4'�#"u=' ei ..�/r--4�cfm ,i4, i y�� I '"F g�epe`^.' ,.. l c ��-. 4Js.<-.::L*r*.,,=a �`�'xs::.s Alf.,�,li�1,��'�S�IE.��T!�Fal.'..'n ,::d�8�`• •�rr.:i,.:iF... �i- �-�vY OF ANY KIND UPON TKE comma', ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESEN RATRW MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING MATERIALS DISTRIBUTED TO THE CITY COUNCIL DURING THE MEETING National City - Alcohol, Tobacco and Other Drugs Prevention Task Force Policy Sheet Recommendations: To amend and strengthen conditions to the proposed conditional use permit (CUP 2003-12) for the sale of beer and wine at Wal-Mart located at 1200 Highland Avenue, National City, CA 91950. 1 Change condition # 3 to prohibit the sale of alcohol between the hours of 10:00 p.m. to 10:00 a.m., instead of 12:00 a.m. to 7:00 a.m. 2. Change condition # 7 to prohibit the sale of beer and wine with alcohol content greater than 12% by volume, instead of 15% by volume. 3. Add to the CUP, which requires the applicant to sell beer and wine at room temperature, (as per applicants business practice, as noted in original application). 4. Add to the CUP, which requires all sale clerks to attend a mandatory Responsible Beverage Service (RBS) certification/training approved by State ABC. 5. Add to the CUP, which reminds the applicant to adhere to existing City of National City Ordinance's regarding to elimination of tobacco sales to youth, (Chapter 9.38 Restricting the sale, self service display and promotion of Tobacco products to minors). 6. Add to the CUP, that request the applicant to clearly define by written procedure the process by which alcohol is to be sold, for Wal-Mart employees and city planning staff knowledge. Justifications: 1. 10am to 10pm sales operation - To reduce DUI, intoxification, underage drinking, and alcohol related youth violence in the National City community as result of late night and early morning beer and wine purchases. 2. Alcohol Content greater than 12% by volume — The "spirit and intent" of the applicant, is to sell wine products that appeal to the average customer. To ensure the greatest measures of safety and reduced access by youth to products like MD 20/20, Thunder Bird, Cisco, or Night Train which serve only one purpose - intoxication at the cheapest price. 3. Sell Beer and Wine at Room Temperature - To reduce the problems associated with the immediate drinking of beer and wine on the premises, nearby parking lots, at Kimball Park, in cars traveling on City streets and to preserve overall public safety. 4. Mandatory RBS - To ensure the highest business operation standards, and ensure operative training for proper ID checking and to discourage sales to obviously intoxicated persons. 5. Adherence to Elimination to Tobacco Self Service Display Ordinance - To preserve the High Marks (GRADE) given to National City by the American Lung Association's annual survey of City's compliance to tobacco prevention control and enforcement. 6. Create a Procedural Flow Chart for Alcohol Sales (for Wal-Mart Checker staff) - To educate all employees involved in the sale of alcohol at Wal-Mart, to ensure the highest level of business practice, discourage underage drinking sales violations, and sales to intoxicated persons. "Our goal is to ensure that Alcohol and Tobacco products are sold responsibly limit youth access to alcohol and tobacco. The community simply wishes for Wal-Mart to ensure the highest level of quality life and public safety, while attaining the highest standards for its business operation." Aurelia Vivanco 1432 Meadow Drive National City, CA 91950 May 29, 2003 Burton Meyers, Director City of National City, Public Works 2100 Hoover, CA 91950 Dear Mr. Meyers: We would appreciate very much if you would have "No Parking on Tuesday between 7:00 a.m. —12 p.m." signs at the following streets: SeawinnDrive, Calle Delgado Drive and Meadow Drive. The street sweepers are not able to clean/sweep these areas because of the parked cars. Therefore, dirt and other debris piles and is causing mosquitoes, stench and a muddy site. This is very unsanitary, poses a safety issue, and makes our area look dirty all the time. If you would file to speak with me, please call me at (619) 479-1199. We thank you in advance for your review and consideration of this serious matter to us residents The following are signature of residents in this area. Sincerely, t1• ) ex. rtj Aurelia Vivanco Attachments: ( ) fit 0 r 00.1. ov4hre, &(270 ND. NAME e ADDRESS TELEPHONE C") nicactow- Driie Vatioila (6%//) L0 747— /// a)C, (Cik, l<742/4 triL/kil (7i/ 41)/1176 - 70 Pic4fLa t713 c.Z/c, Ki=1,e72-- d 4/es- 5-0 'rid /Jr (f/p /11)-444-7 5-0 pi A Dr: (6 /9" ) 4/ 7° 49635 (-- as-0o S e4wi4l2), d/ q79-325%-- 2510 S&'"c rr_ tcf q JcT„-f Cerr-#) S-t 1-1 se/eke9 ' /4/z, bR 973-- 6-,Fr If'<- r 31 --"&•• .•'•.4 c.. .c•N e.4 33 Cc:4_ Cc ileac C RCrry 417cF f r), 1> SP 1-` 5Tif2e-L) "--(3/ CIA V42. 4 /432 J-14 r rt. 6-:," ri q52 I Cd6 te.:( OALL.G tDrk,z4Aw (\,, pLa0e74 0,0. ef4,4 o T07244 A /41./ itic:() _067 -3.Q/e A 47-411 D, 6-71 y19 AtDi:/ 4%U. CA i-4\ NU1L&7Me 614o to ci1,00X. 30 S t 610 AertiRSS ( (41) •fl -0 (Dcl I NAME ADDRESS • TELEPHONE �--aawgeizetli d i /V32 "-a dew- Dr- Ala tr M L t y 3Ytc, 6131 ,,., - 6,eqt cf. 747(3' o /Pima I Lt / et 4 r6LIQJ a /--q- io1;,Zs--- .3 fr74w/40 Pr 0)-37q&" 0. - iN/14/,.2, f / - 411 n0 73 M 5 ram. o-5-eitivnd PR zaiit9 ,g t, / 9S /41S/ne-‘4-Pii-r-o qt2s-c .m124 2 13 4- Pfr w n d ]k• ,(Jw `1/ Y S U / /� f oo 14EA901,1 Di. ,mac. 9 iyoq i e- r- Di • , '- 9,`9 l H y S , e a d c qt," ifl.G 9/PS CA4act. -7 ArbDlt:6 . �,o12 NAME ADDRESS 1 ELEPHONE _.. 4'1'1 '\ 177\;/..2Y ..f',1-. e..),/,,,e;c-/ ,,.(- i / /7,(-- - - 1 (-stZ ti(ni.--<,;(2)," A t t.kk .'--,(2)-- jv ( 6 i ; 7 itweiiiiiliD ie-//ii7Leho/A) \N -400 A w A71,g 7r9r Meado Ui d5PLI.--766 I di 0 41.40f-4—, 041(6; /71//76(-k-Aw-i- / 9- ff7- if,-9-eVz44,...7- ‘i f-A67_ 03 - 7 .1pA, 6\.\\NA "lh1-1- Rich ?,-t) .G• kAf L0/0-4 1`1-4 6n n chea c6eyit:o -I 14 nitikwiti on, VIL5 C4w i9(.-Lcm-po A-reizob PY- ne crr gigs eitt m edxdour cl)-04) II ��, City of National City f� `,. Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 July 3, 2003 Mrs. Aurelia Vivanco 1432 Meadow Dr. National City, CA 91950 Subject: STREET SWEEPING ON MEADOW DRIVE The Public Works Department had investigated your request to install "street sweeping" signs in your area. Our street sweeper has not reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate your request and he found that there was no problems with the proper operation of the street sweeper in your area. The Street Maintenance Supervisor does not believe parked vehicles are affecting their ability to clean the streets in this area. Therefore, the decision of the Public Works Depart ent is not to install "street sweeping" signs in this area. Reviewed by: Stephen M1„f(irkpatrick Assistant Director of Public Works BSM: tc and irector of Public Wor s