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HomeMy WebLinkAbout2003 09-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — SEPTEMBER 2, 2003 - 6:00 P.M. i OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF AUGUST 19, 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 9/2/03 PAGE 2 PROCLAMATIONS Proclaiming July 31, 2003 as "Latino Emerging Business Expo Day" Proclaiming August 20, 2003 as "California Hispanic Chamber of Commerce Day" Proclaiming August 21, 2003 as "Lieutenant Governor Cruz Bustamante Day" PUBLIC HEARINGS 1. Public Hearing — Zone variance for an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot. (Applicant: George Moreno) (Case File No. Z-2003-6) (Planning) 2. Public Hearing — Tentative Subdivision Map and Planned Development Permit for 28 condominium units on the west side of Interstate 805 between Plaza Boulevard and E. 12th Street. (Applicant: The Olson Company) (Case File Nos.: S-2003- 3PD-2003-2/IS-2003-2) (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. 3. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of only the title. (City Clerk) COUNCIL AGENDA 912/03 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2003-120 A Resolution of the City Council of the City of National City approving Change Order No. 1, accepting the work and authorizing the filing of a Notice of Completion for the 30th Street and Euclid Avenue Traffic Signal Interconnect Project. (Engineering Specification No. 99-14) (Public Works/Engineering) 5. Resolution No. 2003-121 A Resolution of the City Council of the City of National City authorizing the Mayor to approve contract Change Order No. 2 for the National City Street Surfacing Project. (Engineering Specification No. 02-02) (Engineering) 6. Resolution No. 2003-122 A Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Agreement with Maniflo, Inc. for the installation of conduit and data cable connecting Maniflo Information Systems between 1428 and 1442 Highland Avenue. (Engineering) 7. Resolution No. 2003-123 A Resolution of the City Council of the City of National City authorizing the acceptance of the final parcel map (33-2002) for the southwest corner of 8th Street and National City Boulevard, and the recordation of the same. (Engineering) 8. Resolution No. 2003-124 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the Agreement with Rodgers Police Patrol, Inc. to provide park security services at Kimball Park, Las Palmas Park and El Toyon Park. (Parks & Recreation) COUNCIL AGENDA 9/2/03 PAGE 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2003-125 A Resolution of the City Council of the City of National City authorizing the Mayor to execute a quitclaim deed for the abandonment of a sewer easement, and accepting a sewer access and maintenance easement for the parcel located at the northeast corner of 30th Street and "A" Avenue and directing the recording thereof. (Engineering) 10. Resolution No. 2003-126 A Resolution of the City Council of the City of National City authorizing the Mayor to execute modification No. 3 to Government License N6871192RP02P28 authorizing the City the non-exclusive use of approximately 0.1 acres of land on the north side of 8th Street between Harbor Drive and the trolley tracks. (Public Works/Engineering) 11. Resolution No. 2003-127 A Resolution of the City Council of the City of National City approving a Conditional Use Permit for a wireless communications facility on top of an office building at 2005 Highland Avenue. (Applicant: Cingular Wireless.) (Case File No. CUP- 2003-4) (Planning) 12. WARRANT REGISTER NO. 08 (Finance) Ratification of Demands in the amount of $1,585,818.80. 13. WARRANT REGISTER NO. 09 (Finance) Ratification of Demands in the amount of $178,891.74. 14. Claim for Damages: Antonio Martinez (City Clerk) COUNCIL AGENDA 9/2/03 PAGE 5 CONSENT CALENDAR (Cont.) 15. A request to set a Public Hearing for the removal of commercial property from Parking District "A" located on the west side of "A" Avenue between 18th Street and 20th Street and the expansion of the District on 20th Street between "A" Avenue and "D" Avenue. A Public Hearing to be set for September 16, 2003. (Public Works/Engineering) 16. A request to set a Public Hearing for the removal of commercial property from Parkingg District "C" located on the west side of Hoover Avenue Between 8th Street and 9Street. A Public Hearing to be set for September 16, 2003. (Public Works/Engineering) NON CONSENT RESOLUTION 17. Resolution No. 2003-128 A Resolution of the City Council of the City of National City memorializing the creation of the National City Community and Police Relations Commission, the establishment of duties of the Commission, and the declaration of the Mission Statement of the Commission. (City Attorney) ORDINANCE FOR ADOPTION 18. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by repealing Chapter 6.40 pertaining to fortune telling. (City Attorney) OLD BUSINESS 19. Report concerning filling of vacancies on Advisory and Appeals Board. (City Attorney) COUNCIL AGENDA 9/2/03 PAGE 6 OLD BUSINESS (Cont.) 20. Report on the request for the closure of A Avenue at Plaza Boulevard. (Public Works/Engineering) NEW BUSINESS 21. Request to use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce and waiver of fees. (Public Works) 22. Notice of Decision — Approval of a zone variance for a covered patio in the front yard setback of the American Legion building at 35 E. 18th Street. (Applicant: American Legion Post 255) (Case File No.: Z-2003-4) (Planning) 23. Temporary Use Permit — South Bay Community Church Fall Festival. (Building & Safety) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — Fire Station 108 Loan — Tuesday, September 16, 2003 — 2:00 p.m. — Large Conference Room, Civic Center Next Regular City Council Meeting — Tuesday — September 16, 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 11Jxrir.CaxtCa#icat WHEREAS, The Latin Business Owners Association of America is a national professional business trade organization committed to identifying and unifying Latino owned business across America. WHEREAS, The Latin Business Owners Association of America advocates for access and inclusion of Latinos, women, and small emerging business enterprises in supplier diversity, encourage corporate advancement, and facilitate community and economic investment. WHEREAS, The Latin Business Owners Association of America identifies and creates strategic partnerships with corporationsand public agencies as well as provide county -wide educational and procurement public forums to inform the business community on issues and economic trends that affect their businesses. WHEREAS, The Latin Business Owners Association of America established several programs and services to unify and empower Latino and emerging businesses including the Latin Business Resource Center, Access 2000, Entrepreneurial Business Development Training, and the Latino Emerging Business Expo. WHEREAS, This year represents the 2003 Latino Emerging Business Expo which provides a forum to promote shared regional economic growth for Latino, women, and emerging businesses with opportunities to contact private, public, and government entities who are committed to supplier diversity. Therefore, as Mayor of the City of National City, I do hereby proclaim July 31, 2003 as "Latino Emerging Business Expo Day" And call on all its citizens of the City of National City to join me in recognizing and commending The Latin Business Owners Association of America for creating a Latino Emerging Business Expo that creates opportunities and contributes to the well being of Latino Businesses across the country. Nick Inzunza Mayor A Proclamation WHEREAS, The California Hispanic Chamber of Commerce is the premier and largest regional Hispanic business organization in the nation that promotes the economic growth and development of Hispanic entrepreneurs. It represents the interest of 600,000 Hispanic -owned businesses in the State of California. WHEREAS, The California Hispanic Chamber of Commerce's approach to promote growth and success is three -fold. It works with the private sector to establish relationships; works with public sector agencies, state legislature, Congress, and state executive branch; and works with member chambers to develop stronger more effective grassroots organizations. WHEREAS, The California Hispanic Chamber of Commerce will host their 24th Annual State Convention & Business Expo titled "A New Generation: Creating Access, Growth, and Wealth" from August 20-23 in San Diego, California. WHEREAS, The goal of the California Hispanic Chamber of Commerce's Annual Convention is to promote the participation of Hispanic business owners in all aspects of the public and private sector issues; and to celebrate the educational, political, and economic success of this community. Therefore, as Mayor of National City, I take this opportunity to recognize the California Hispanic Chamber of Commerce and hereby proclaim August 20, 2003 as: "California Hispanic Chamber of Commerce Day" And call on all the citizens of the City of National City to join me in recognizing and commending the California Hispanic Chamber of Commerce for creating an opportunity that progressively advocates for the economic growth of the Hispanic community in California. Nick Inzunza Mayor WHEREAS, WHEREAS, WHEREAS, WHEREAS, frattainatirm Cruz Bustamante was raised in San Joaquin, California and has ascended from working in the fields of California's Central Valley to his elections as an Assemblyman, Speaker of the Assembly, and now as California's Lieutenant Governor. Cruz Bustamante was the first Latino to be elected to California statewide office since 1878. Cruz Bustamante has been California's Lieutenant Governor since 1998 and has achieved a number of items including: working to make college more accessible and affordable, protecting the health of our families, protecting the environment, and promoting international trade. Lieutenant Governor Cruz Bustamante serves as a Regent of the University of California, Trustee of the California State University, and Member of the State Lands Commission. WHEREAS, Lieutenant Governor Cruz Bustamante has been involved in strengthening reading, literacy, and access to learning materials, preventing energy exploitation, celebrating diversity and increasing tolerance, and responding to Native American issues. Therefore, as Mayor of the City of National City, I take this opportunity to recognize California's Lieutenant Governor Cruz Bustamante, and hereby proclaim August 21, 2003: "Lieutenant Governor Cruz Bustamante Day" And call on all the citizens of the City of National City to join me in recognizing and commending Lieutenant Governor Cruz Bustamante for progressively working and advocating for California's people. Nick lnzunza Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 1 7-ITERA TITLE PUBLIC HEARING —ZONE VARIANCE FOR AN ADDITION TO 1724 AND 1730 J AVENUE WITHOUT PROVIDING ADDITIONAL PARKING, AND RESULTING IN LESS THAN REQUIRED BUILDING SEPARATION FROM AN ADJACENT RESIDENCE ON THE SAME LOT (APPLICANT: GEORGE MORENO) (CASE FILE NO. Z-2003-6) PREPARED Y ' ` oger Post 336-4310 DEPARTMENT Planning 3 r EXPLANATION EXT. City Council set this item for a public hearing at their meeting of August 19, 2003. The attached report describes the proposed building addition as well as the two requested variances. l Environmental Review X N/A Categorical Exemption MIS Approval (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Zone Variance. Vote: Ayes - unanimous ATTACHMENTS ( Listed Below I. Background Report 2. Planning Commission Resolution No. 27-2003 including Findings and Conditional of Approval A-200 (Rev. 7I03 4. Site Photos Resolution No. 5. Notice of Exemption 6. Building Department Comments 7. Application 8. Applicant's Plans BACKGROUND REPORT Site characteristics The project site is a 12,500 square foot parcel on the northwest corner of E. 18th Street and J Avenue, in the RM-1-PD zone. It has about 100-feet of frontage on E. 18th Street and 125 on J Avenue. Currently, there are six small residential units on the parcel; this is the maximum allowed in the zone. Three of these (935 and 937 E. 18th Street and 1740 J Avenue) are in a triplex facing E. 18th, near the east end of the lot. Another (931 E. 18th Street) is a detached unit near the middle of the property, on the west side. The remaining two (1724 and 1730 J Avenue) are located side by side, at the northeast corner of the property. Each unit has between 340 and 460 square feet of floor area. Three on -site parking spaces are provided via a driveway off E. 18th Street. Two additional detached garages, located between 1724 and 1730 J Avenue were recently demolished; these units are currently vacant. Recently, a lot split (LS-2001-5) was approved to create a 5,750 square foot parcel adjoining the site to the west; it contains one single-family home. Apartments and single-family dwellings are located to the north and across E. 18th, to the south. Across J Avenue to the east is a small commercial building and some duplexes. Proposed use The applicant proposes to remodel and expand the two units at 1724 and 1730 J Avenue. The plans show an existing living room, kitchen and bath for each unit. The proposal involves expanding each of the 429 square foot studios into 802 square foot two bedroom dwellings and attaching them to form a duplex. The new construction will be in the rear of each dwelling. The proposed exterior will include a new gable roof section running north to south along the entire rear half of the duplex. The garages will be rebuilt and attached between the dwellings. Exterior materials include asphalt roof shingles and a white stucco exterior to match the existing dwellings. Variances are needed since a portion of the addition will be within eight -feet six -inches of another unit on the property (931 E. 18th Street). The Land Use Code requires a minimum separation of 15-feet between units. The expanded two bedroom units would also require one more parking space. The Code does not consider the driveway leading to the garages as being required parking. Analysis State law contains some unique requirements that pertain to Variances. Section 65906 of the State Planning and Zoning law reads as follows: "Variance from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification." In this case, the expansion will bring two substandard units into compliance with Land Use Code minimum floor area requirements. Specifically, the addition will result in the two units being increased in floor area to 802 square feet, just over the required minimum area of 800 square feet for a two -bedroom unit. Each unit will also have a larger, attached single -car garage. Previously, the garages were substandard in size, and in poor condition. These improvements should make each dwelling more livable for larger families, which are common in National City. Although a portion of the addition will be located relatively close to an existing unit on the property to the west, there should still be sufficient room for access between the buildings (eight -feet six -inches). Also, there is still adequate area available on the site to provide required private and common yard areas, which are located to the side or rear of each unit. Similar spacing between buildings also exists on nearby properties, which are developed with multiple detached units and apartment complexes. The project site is considered non -conforming with regard to current parking requirements since only five spaces are provided and Code would require a total of ten. The proposed addition will generate the need for one additional space (noted above). However, there is little area available on the property to provide this space without reducing yard areas. Also, adding another driveway to access new parking would merely replace an existing street parking space with an on -site space. Additional parking was provided at the site as a condition of the earlier Lot Split. Currently, the five on -site parking spaces result in a similar ratio of parking to units that several nearby properties, including the apartment buildings across E. 18th Street to the south. As indicated above, the justification for a variance must consider nearby properties which do not meet a particular development standard. Approval of a variance, however, can be viewed as making an existing deficient situation somewhat worse. For that reason they should be used sparingly. Probably the most significant special circumstance in this case is the layout of the existing structures. This could be alleviated by clearing the site and building a new multi -family project that met Code requirements and used the land more efficiently. The applicant has not shown interest in pursuing this option. Conditions of approval would require the applicant to provide new stucco and roofing on the existing portions of the units proposed for expansion. New landscaping is required from the front of the improved units, forward to the street. Standard Building Department comments are also attached. RESOLUTION NO. 27-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR AN ADDITION TO 1724 AND 1730 J AVENUE WITHOUT PROVIDING ADDITIONAL PARKING, AND RESULTING IN LESS THAN REQUIRED BUILDING SEPARATION FROM AN ADJACENT RESIDENCE ON THE SAME LOT APPLICANT: GEORGE MORENO CASE FILE NO. Z-2003-6 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot at a duly advertised public hearing held on July 21, 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. Z-2003-6 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 21, 2003, support the following findings: 1. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the existing close proximity of dwellings on the property restricts possible building addition locations. 2. That the requested variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since on -site parking, building separation, and outdoor area, at a level consistent with or greater than nearby properties, will be maintained for each unit. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the proposed building addition is permitted in the RM-1-PD zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes an addition to 1724 and 1730 J Avenue without providing additional parking, and resulting in less than required building separation from an adjacent residence on the same lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. Z-2003- 6, dated June 4, 2003. 2. The existing units at 1724 and 1730 J Avenue shall receive a new exterior coat of stucco and new roofing, to match the proposed addition area. 3. Building plans shall include a detailed landscape and irrigation plan showing planting and irrigation from the front of the project units forward to the street, including the parkway. 4. 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. 5. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permifr— Failure to return the signed and notarized Acceptance Form within 30 days of its receit. shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 6. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 4, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: ABSTAIN: HAI AN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Northwest corner of E. 18th Street and J Avenue Z-2003.E NATIONAL CITY PLANNING DRIB 7/8/0. INITIAL. HEARING: 7/21/03 SITE PHOTOS 1724 and 1730 J Avenue Project site looking northwest across E. 18 Street City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 June 17, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: Z-2003-6 1730 J Ave and 931 E 18th St. 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. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Zone Variance for an addition to 1724 and 1730 J Avenue without providing additional parking and resulting in less than required building separation. Project Location: Northwest corner of 18th Street and J Avenuc Contact Person: Charley Marchesano Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Project involves the expansion of two existing units on a property currently developed with six small dwellings. The affected units would be expanded from studios into two bedroom units, with remodeled garages. Applicant Name and Address: George Moreno 993 Surrey Drive Bonita, CA 91902 Exempt Status: ❑ Statutory Exemption. Categorical Exemption (Section 15301, Class 1 (e), Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Telephone Number: (619) 479-4051 Reasons why project is exempt: The proposal involves the remodeling and expansion of two small units on a previously developed parcel. No new units are proposed, and no environmental affects are anticipated. Date: Charley Marchesano Assistant Planner Recycled Paper NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number "- Gj- Y — f Filing Fee $ 75 Receipt No. 7/ ; oE4 I Date Received 4l rI d 3 By Ci E.A.F. Required Fee $ -, Related Cases SEE FILING INSTTRRU TIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEG DSPTION 1(((7 v d OF PROPERTY: (Attach if insufficient space) kj -46 (OF ,tj4Ij 4/ ae PROPERTY LOCATION Z�'�y� 51 42.50 / _l . �:► ,Q �c�°,� a.+/ / No. Street between / i �i'" and / ?T 1 COMBINED GENERAL PLAN/ZONING DESIGNATION 1, —/ Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section r number to use the above described property he following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): :;vh h-i S J e r e- rJJl1�/chi PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Signature (Si.; ature(/o, edges that this applicon 's being filed) Address: <- (. �l9O �j(� Phone No. 1 1 " � / ,- qa5/ Fax No.(/9' Date: 4 - Zone Variance Application Revised December, 1998 Page 2 of 4 Name: Signature ( S at) gnature acknowledges that this application is being filed) Address: vVV Phone No. // - C,1 P'/a7 Fax No. Date: �r� APPLICANT Name: (Please type o Signature: afore cue Sign appl. ation is tru Address: thermation submitted with this ate to the best of the applicant's knowledge). 9-In'cc Phone No. Kt, (%— r 2 Fax No i �v57 . � Date: /� - Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written finding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shall be subject to such cc ditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, 1998 Page 4 of 4 J'UN-09-2003 08:42 FROWN: 06/06/2003 11:16 FAX 6194795051 COMMONWEALTH TO:619 336 4321 P. 001/001 tEWIEMMINFOROGRO Et; OliiEMOVelili LAM mnE colla r—GCORGEa,cna,a•�m®a*t„r.taroeaaranr.. J MORENO&MARII.O[7L, 995 SURREY DRIVE ¶BONITA, CA 91902 Tiear4rNa 1000.9290-505 i rwN•. 62814311 Aal.l t WN. 561-080-21-00 4Deu October 24, 2002 J 0 63•DOC it 2002-0942525 OCT 25 • 2002 4254 F MI NON OM evE OWN del N *OR RBOOROCKS BRAIN DUD The naderaiyned declares that the documentary transfer tax is $UIsrl and is computed en the full value of the interact or property conveyed. The property is located in the city of NATIONAL CITY. FOR A VALUABLE CONBIDZEATION, receipt of which is hereby aekaowlidpad, ACT NOW REAL NSTATN & INVISTIONT, LLC , a California *baited liability ossepaw does hereby GRANT to GZORGE O. MORENO and MARMLON L. KORNNO, husband and wife as joist tenants the relieving deecribad real property in the City of NATIONAL CITY, County of SAN DIEGO, State of California: COMPLETE LEGAL DZ$CI IPTION ATTACBZD RRRBTO AND MADE A PART I122ZOP In Witness Whereof, said corporation has caused ite corporate name andlor seal to be affixed hereto and this inetrnmeat to be executed by its officers thereunto duly authorised. ACrNOWREAL PaBY: �WM� arersoresurosens, ' oocRrror tsez3 )se on ` bd•ro , th• .n,1 i a Not* a ,r is an obr said etSta, r 5t r war , ti. or ss$ Wn n tan l_11' ,) to C. e •a tit •au O(*S S •. tr a i td to is war.• ..LO a c• ise so lr w l n the io s eq i t *etkr to ae t7,tar • at • n01 to 0 noslrn r •st.tauP tad . t>r •/tasen-f is q• tfv hilhn mac, er 5, •atit- oa Da pal! of tuf- tk• r�r•ea Seta , eaten ea fh• anetrnmras• _ WITN883 elv Lend wi *Maki .e ttSltla%9ranteatBrE at AffiffiTSD AHOoB Snaeripty®: son rlrgo,Ca ape,ll.se-r. ar. Doer= 2002.942525 Papa: I of 2 ardor; CL-06-06-2003 53-27-33 alt A,1ltroe: anent 0/561-of0-21 1p/c70 5 , .e. UVL, W: Lf CC fc e. r/q opal. 9161at®ataA»s City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO, 2 (-ITEM TITLE PUBLIC HEARING — TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805 BETWEEN PLAZA BOULEVARD AND E. 12TH STREET (APPLICANT: THE OLSON COMPANY) (CASE FILE NOS.: S-2003-3/PD-2003-2/IS-2003-2) PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION This project is proposed for an underutilized, somewhat blighted property at a major gateway to our City. Many development concepts have been put forth over the years, all have been either poorly conceived or have met neighborhood opposition. The proposal before you would appear to be compatible with the area and addresses the need for homeownership opportunities in the City. The Planning Commission held public hearings on this item at their August 4 and August 18, 2003 meetings. The attached background report describes the development proposal in detail. Environmental Review N/A Financial Statement N/A Categorical Exemption Approved B Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Parcel Map and Planned Development Permit. Vote: Ayes -Unanimous ATTACHMENTS (Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 29-2003 Including Findings and Conditions of Approval 3. Location Map A -toe c° g�; Site Photographs Re of tion No. 5. Proposed Negative Declaration and Initial Study 6. , Department and Agency Comments 7. Applications 8. Applicant's Plans (Exhibits A -Revised, B-revised, and C) BACKGROUND REPORT The project site is a mostly rectangular 1.72 acre property adjacent to the west of Interstate 805 between Plaza Boulevard and E. 12th Street, in the General Commercial -Planned Development (CG-PD) Zone. It has 250 lineal feet of frontage along E. 12th Street and 115 feet along Plaza Boulevard; an additional 150 lineal feet of the property is separated from Plaza Boulevard by a 17 to 35 foot wide strip of CALTRANS right-of-way. The 300 foot deep lot slopes from 87 feet above sea level at its northeast corner to approximately 66 feet above sea level at its southwest corner. There are two unoccupied, dilapidated single-family homes on the property. Additionally, there are two existing wireless communications facilities, both are monopalms with small equipment enclosures, on the east side of the property adjacent to Interstate 805. Conditional Use Permits for the facilities were approved in 1999 and 2001. The two homes will be removed; the two wireless communications facilities will remain. A 16 unit apartment building and Maharlika Cafe and Grill are located adjacent to the west of the site, with Comfort Inn further to the west. Jimmy's restaurant is south of the site across Plaza Boulevard; there is also a bus stop adjacent to the site on Plaza Boulevard. Several single-family homes and Grace Bible Baptist Chapel are north of the site across E. 12th Street. The applicant proposes to build 28 townhouse style condominiums on the site. The units will be two - stories (36 feet) tall with a basement level two -car garage accessible from the rear of each unit. They will have a stucco exterior finish and tile gable roof. There will be two floor plans offered. The end units (Plan 2) will be 1,660 square feet with an optional den in the basement level garage. The rest of the units in each building (Plan 1) will be 1,455 square feet. All units will have three bedrooms and two and a half bathrooms. Each will have a front porch (approximately 150 square feet) and a 63 square foot second story deck accessible from the master bedroom. There will be a total of eight buildings on -site. Two rows of buildings, 14 units, will be located on the north half of the lot and two rows will be located on the south half. The units in the northernmost row will face E. 12th Street and the units in the southernmost row will face Plaza Boulevard. The two interior rows of buildings will face each other; they will be separated by a 23-foot to 35-foot wide landscape area. An access driveway will separate the northernmost and southernmost row of buildings from the interior rows. The northernmost row of buildings will be setback six to seventeen feet from E. 12th Street, and the southernmost row will be over 35 feet from Plaza Boulevard. Also, the northernmost building will be setback five and half feet from the west property line. All setback areas from street or interior property lines will be landscaped. Access to the site will be from the end of E. 12th Street, a cul-de-sac, via a private driveway; there is an emergency access driveway from Plaza Boulevard, which will be gated and locked. Since the access to the basement level garages is at the rear of each unit, they will not face any public streets or adjacent properties. Six guest parking spaces will be provided at various locations along the private driveway. Other significant site improvements include a total of 29,500 square feet of open space, where the Land Use Code requires 22,400 square feet. The open space is broken down as noted below: • 63 square feet per unit is private open space, where 265 square feet per unit is required. ® 950 square feet of the total open space will be improved for use as common recreational open space, where 7,465 square feet is required. • 26,750 square feet of open space (walkways, porches, landscape areas) is provided, where 7,465 square feet is required. The open space summary shown on the attached Exhibit A -revised is incorrect. Finally, to create level building pads, access driveways and walkways, eight retaining walls will be constructed at varic locations on the property. The walls will range from two to seven feet tall. The proposed project will have a density of 16 units per acre, which is consistent with the General Plan limit of 22.9 units per acre for multi -family residential development on commercially zoned property. Also, the residential infill development of a commercially zoned property, and the creation of new home ownership opportunities are consistent with General Plan policy objectives. Additionally, the proposed development should allow for mobility in the housing market, since the applicant plans to make the units available to first-time homebuyers. The design of the townhouses, with only seven of the twenty-eight units on E. 12th Street should enhance the residential character of the area. Also, the separation of the 28 units into eight small buildings is compatible with nearby development. Although, the units are 36 feet tall there are few one-story structures on the same side of 12th Street. The apartment building adjacent to the west of the site is two stories tall and the Comfort Inn further to the west, on the same side of E. 12th Street, is three stories tall. The units in the southernmost building are buffered from heavily traveled Plaza Boulevard by a minimum 35 foot wide landscape area. The development incorporates several desirable features encouraged by City Design Guidelines. The buildings have a considerable amount of wall plane and roofline variation. The windows include aesthetically pleasing details, such as multiple panes, trim and shutters. Each unit has a two -car garage, a front porch and a private balcony. The on -site landscaping consists of a good mix of trees, shrubs and ground cover. Also, plant sizes typically exceed those recommended by Design Guidelines. Plan show only one of the eight proposed retaining walls to be planted with vines; thus, a condition has attached requiring the retaining walls to be planted with vines where appropriate. The proposed development meets or exceeds most Land Use Code requirements, such as those for on - site parking, minimum unit size and maximum floor area ratio. However, the sloping topography of the site, the presence of two existing wireless communications facilities, and the location of CALTRANS right-of-way between the project site and Plaza Boulevard make it difficult for the applicant to meet all of the requirements. Thus, they are requesting the following exceptions from the Land Use Code, which are allowed for residential development in the CG zone: 1. Construction in the 20 foot front yard setback area along E. 12th Street. 2. Construction in the 10-foot side yard setback area for two story structures. 3. Less than a 25 foot wide court between the front of the two buildings within the interior of the property. 4. Less than 265 square feet of private open space for each unit. 5. Less than 7,465 square feet of common recreational space. The northernmost row of buildings will be built within the 20-foot front yard setback, since its placement here allows for minimal on -site grading, as encouraged by City Design Guidelines. The front of the development is oriented towards E. 12th Street because the section of CALTRANS right-of-way that separates most of the site from Plaza Boulevard makes it very difficult to orient the site toward Plaza Boulevard; thus, E. 12th Street is considered a front yard instead of a rear yards +,hich has a sri` r required setback area. The northernmost building will also be located within 1 `10-foot, side yard setback area; a greater portion of the adjacent two-story apaitinent building is 4ocat t the 10-foot side yard setback area than is proposed here. The 23 feet minimum separation between buildings 4 and 6, as shown on Exhibit A -revised, should be adequate because of the almost eight foot difference in building pad elevation, and because of the quality of the proposed landscaping between the two buildings. The Land Use Code requires a substantial amount of open space for multi -family residential units. The project does exceed the total open space requirements; however, much of the open space is common landscape area that does not satisfy the specific requirements for private open space or common recreational open space (tot lots, BBQ areas, pools, etc.). Each unit does include an approximately 150 square foot front porch, which should function as private open space as designed; however, the Land Use Code does not consider porches to be private open space. The applicant could provide additional common recreation open space; however it would likely result in a reduction of the total number of units and only an incremental gain in common recreation area. For example, if only 27 units total were proposed approximately 950 square feet of additional common recreational open space could be provided. The attached proposed Negative Declaration and Initial Study supporting it summarize the non- significant project impacts to the existing environment. In particular, the effects of traffic generated by the project on nearby roads are considered, as well as the effect existing noise levels will have on the residents of the proposed townhouses. Recommended conditions of approval are attached to this report. Engineering Department conditions require various street improvements (curb, gutter, sidewalk), a hydrology study, and a grading/drainage plan. Several technical requirements suggested by CALTRANS and the Noise Technical Study prepared for the project are included. Finally, conditions requiring a pedestrian staircase (if feasible) between the site and Plaza Boulevard, and coordination on the design of the retaining wall and landscape area along Plaza Boulevard with the City consultant preparing the Filipino Village plan have been included. Planning Commission held public hearings on this item at their August 4 and August 18, 2003 meetings. They heard one area resident voice support for the proposal. Commissioners discussed the costs and benefits of providing more common recreation area, the pedestrian staircase connecting the project with Plaza Boulevard and the need for the applicant to coordinate with the City consultant working on the Filipino Village plan. RESOLUTION NO. 29-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR 28 CONDOMINIUM UNITS ON THE WEST SIDE OF INTERSTATE 805 BETWEEN PLAZA BOULEVARD AND E. 12TH STREET APPLICANT: THE OLSON COMPANY CASE FILE NOS. S-2003-3/PD-2003-2/IS-2003-2 WHEREAS, application was made for approval of a tentative subdivision map for on property generally described as: A portion of 80-acre Lot 2 in Quarter Section 129 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map made by Morrill, No. 166, filed in the Office of the Comty Recorder of San Diego County, WHEREAS, the Planning Commission of the City of National City considered said Tentative Subdivision Map along with a Planned Development Permit application for a 28 unit condominium project for a 1.72 acre site bordered by 12th Street on the north, Interstate 805 on the east, and Plaza Boulevard on the south, at a duly advertised public hearing held on August 2003, and continued to the meeting of August 18, 2003, at which time oral and document - evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File Nos. S-2003-3, PD-2003-2 and IS-2003-2, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearings; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings, for said Tentative Subdivision Map and Planned Development Permit, held on August 4, 2003 and August 18, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION Find that the project will not have a significant effect on the environment and a(' '' the proposed negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, at a density of 16 units per acre, is consistent with the uses and density, which is 22.9 units per acre, allowed in the General Commercial (CG) Zone, and since there is no specific plan applicable to the property. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, and since there are no unusual geologic hazards on -site, and finally since the development mostly follows the existing contours of the site minimal grading will establish stable building pads. 4. The site is physically suitable for the proposed density of development, since the attached two-story units will buffer an established single-family neighborhood adjacent to the north from commercial development and traffic along Plaza Boulevard, and since site improvements will provide building sites with adequate slope for driveway access to each unit. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the rectangular shaped 1.7 acre property can accommodate development of 28 two-story townhouses with two -car garages, six on -site guest parking spaces, private access driveways, and common landscape areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since nearby local residential streets (11`h and 12`h Streets and R Avenue) and the local collector street (Palm Avenue) all have sufficient capacity to handle the additional 220 average daily trips without suffering a decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project design is compatible with the adjacent multifamily and commercial development, and since the project will buffer the established single- family neighborhood to the north from the commercial activity on Plaza Boulevard. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities foi moderate and middle income families, allowing for mobility in the housing market. FINDINGS FOR APPROVAL OF THE MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, shape, topography, location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since potential development of the site is forced towards the north and west property lines by the sloping topography of the site, the presence of two existing wireless communications facilities located along the east property line, and the close proximity and relationship of the site to the Interstate 805/Plaza Boulevard interchange. Additionally, the presence of the two existing wireless communications facilities and the sloping topography reduce the potential to provide functional on -site recreation areas. 2. That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since an adjacent apartment building, subject to the same development standards as the proposed project, is developed within the frc R yard and side yard setback areas, and provides less than required open spac... Additionally, several nearby multistory commercial buildings in the same zone are built to within 10 feet of 12°i Street. jk 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, t is permitted in multifamily elDevelntial opment PD)1Zonenwith an approved ePlannedl Development Commercial- PlannedP Permit. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-2003-2, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Dec aration Negativereflects peon City's independent judgment and analysis, and hereby approves atiand authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that, based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map and Planned Development Permit application subject to the following conditions: 1. This Tentative Map and Planned Development Permit authorize a condominium project of 28 townhouses for individual sale. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised, and Exhibit C, Case File no. S-2003-3/PD- 2003-2 dated 6/6/2003 for Exhibits A -revised and B-revised and 5/21/2003 for Exhibit C. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, except along Plaza Boulevard. The applicant shall coordinate the selection of the planting palette for the landscape areas adjacent to Plaza Boulevard with the City consultant preparing the Filipino Village plan, and landscape these areas accordingly. 3. A trash enclosure shall be provided in accordance with City standards, if individual trash service is unavailable. It shall have a stucco exterior to match the buildings. 4. If feasible, a direct pedestrian staircase shall be provided between the proposed development and Plaza Boulevard. 5. The applicant shall coordinate on the design of the retaining wall along Plaza Boulevard with the City consultant preparing the Filipino Village plan. 6. All exterior retaining walls shall be planted with vines where determined appropriate by the Planning Director. 7. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance. payment of taxes, etc. involved in the common ownrship of streets, parking areas, walks, buildings, and open spaces, p to approval final map. Said CC&R's shall be subject to approval as to content and form by thf City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 8. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 9. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. 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. 11. Mechanical ventilation will be provided by forced air units, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. A minimum of 15 CFM of outside air intake will be supplied per occupant in accordance with Section 1203.3 of the 1997 UBC. 12. Roof ceiling construction will be roofing on plywood, batt insulation will be installed in joist spaces, and the ceilings will be one layer of 5/8 inch gypboard nailed direct, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 13. All exterior walls will be 2 by 4 studs with batt insulation in the stud spaces, exteriors will be plaster or stucco, and the interiors will be 5/8 inch gypboard, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 14. All east, north and south facing windows and glass doors in the four units closest to Interstate 805 should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. Additionally, all south, east and west facing windows and glass doors in the seven units closest to Plaza Boulevard should be glazed with STC 32 glazing, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. The'glazing supplier should be required to submit test reports documenting the STC ratings. Th, ,t report should be done in an independent, accredited testing labora'try in accorau tie with ASTM E90. 15. All entry doors should be 1 % inch solid core wood doors with vinyl weatherstripping on the sides and top, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 16. There should be no mail slots in the entry doors, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 17. Any optical viewing devices installed in the entry doors should be the same thickness as the doors, the holes for these devices should be sized so that there is not more than 1/16 inch clearance between the device and the door, and the viewing device should be installed in a film of non -hardening sealant that completely fills the clearance between the device and the door, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. G.E. Silicone, U.S. Gypsum Acoustical Sealant or Tremco Acoustical Sealant or an approved equal should be used. 18. There should be no ventilation openings in the exterior walls or roof/ceilings without approved acoustical baffles, unless an acoustical consultant determines an alternative solution to be adequate to comply with recommendations of the Noise Study. 19. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 20. Exterior walls of buildings/walls/fences/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 21. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 22. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with 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. 23. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the soils report conducted by Geocon dated April 4, 2003. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. Soils report findings and recommendations are part of the Engineering Department requirements. 24. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 25. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 26. The driveway on Plaza Boulevard shall be an alley entrance type driveway with pedestrian ramps in the sidewalk. 27. The Engineering Department has reviewed and concurs with the conclusions and recommendations of the traffic report conducted by Linscott, Law and Greenspan dated May 1, 2003. The conclusions and recommendations are a part of the Engineering Department requirements. 28. 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. 29. A cost estimate shall be submitted with the plans. A performance bond equal i 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. 30. Street improvements shall be in accordance with City Standards. All missing street improvements (approximately 60' of sidewalk) shall be constructed. Abandoned driveway aprons (on 12th Street) shall be replaced with curb, gutter and sidewalks. 31. 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. 32. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 33. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 34. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 35. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 36. The final map shall be recorded prior to issuance of any building permit. 37. All new property line survey monuments shall be set on private property, unless otherwise approved. 38. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 39. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 40. The emergency access driveway from Plaza Boulevard must be blocked to daily traffic. 41. An encroachment permit must be obtained from the CALTRANS Permits Office for any work within the agency's right-of-way. 42. All roadway features (signs, pavement delineation, roadway surface, etc.) within the State right-of-way must be protected, maintained in a temporary condition, or restored. 43. Increased site runoff to existing state facilities is prohibited. 44. Before this Tentative Subdivision Map approval and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map approval and the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 45. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Planned Development Permit shall expire concurrently with the Tentative Map. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 18, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: kS1 P 0. bo5 ZONE BOUNDARY PROJECT LOCATION 5-2003-3/PD-2003-2 Site Photographs View of the site from the south side of Plaza Bouelvard View of the site from E. 12th Street City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Description: Subdivision for 28 townhouse style condominiums on a 1.72-acre site. In addition to the three story townhomes, counting a basement level garage, the project will include a private road for access to the homes and approximately 29,500 square feet (24 percent of the site) of landscaped open space area. (Case File Nos.: IS-2003-2, S-2003-3, PD-2003-2) Applicant: The Olson Company Address of Project: West side of Interstate 805 between 12th Street and Plaza Bouelvard ****************************************************************************** Project Discussion The proposed residential development is a conditionally permitted use at the site that is encouraged in the General Commercial -Planned Development (CG-PD) Zone by the City's General Plan. The project is designed so that it will not be negatively affected by noise from traffic on Interstate 805 and Plaza Boulevard. The nearby roadways can easily accommodate project traffic without a loss of performance. Finally, the project will reinforce the residential character of the area, and insulate the existing single-family homes to the north from commercial activity on Plaza Boulevard. Proposed Environmental Findings: 1. That the proposed Negative Declaration (IS-2003-3) has been considered together with any comments received during the public review process, and that based on the whole record (including the Initial Study and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (IS-2003-3). Recycled Paper City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR INITIAL STUDY Project plans & Environmental Assessment Form received on: May 2, 2003 Environmental Assessment Form Determined Complete by: Jon Cain, Associate Planner Case File No.: IS-2003-2 Reference Files: S-2003-3/PD-2003-2 Date: July 2, 2003 Initial Study completed by: Andrew Hoskinson, Date: July 10, 2003 Assistant Planner ****************************************************************************** Address of Project: West side of Interstate 805 between 12t Street and Plaza Boulevard Project Description Subdivision for 28 townhouse style condominiums Environmental Setting The 1.72 acres site includes undeveloped area, two vacant single- family homes, and two wireless towers with antennas and associated equipment ****************************************************************************** Conclusion: 1) X A Negative Declaration is proposed, since X. (a) There is no substantial evidence that the project may have a significant effect on the environment; or _ (b) The project may result in a significant environmental impact but revisions in the plans by the applicant mitigate or avoid the effects where clearly no significant effects would occur; or, 2) An EIR is required since the project may result in a significant environmental impact. RECOMMENDATION: That the decision -making body consider the proposed Negative Declaration together with any comments received during the public review process and find on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Recycled Paper There is no substantial evidence that the project will have a significant impact on the environment based on the following discussion of potential, non -significant impacts. The analysis is partially based on an Acoustical Analysis prepared by Davy & Associates Incorporated, a Soil and Geologic Reconnaissance prepared by Geocon Incorporated, a Traffic Letter Report prepared by Linscott Law & Greenspan, an Environmental Assessment Form prepared by The Olson Company, and plans prepared by Project Design Consultants. LAND USE: The proposed project is in conformance with the National City General Plan. The project will achieve a number of important General Plan policies, such as the creation of homeownership opportunities and residential development of commercially zoned property. The project requires several variations from Code requirements. The variations are for construction within two setback areas on the property, and for the provision of less than required private open space. The variations are minor in nature and are consistent with existing development in the area; thus, they will not result in a significant impact to land use. GEOLOGIC HAZARDS: Site reconnaissance and document review revealed that there is no groundwater present on the site and that the water table is approximately 26 feet below the grade surface. The low ground water table combined with the presence of a dense soil formation results in a low liquefaction potential on -site. Additionally, the nearest active fault, Rose Canyon Fault Zone, is over three and a half miles to the northwest of the site. Potential groundshaking at the site is no greater than anywhere else in the area. Thus, there are no adverse geologic conditions. REMOVAL OF EXISTING CONDITIONS: In the course of constructing the 28 townhouses and associated site improvements, two dilapidated residences will be demolished. Only one of the residences is currently occupied, the other residence has been abandoned and is boarded up. Based on the condition of the residences and the zoning classification of the properties, their demolition is not considered a significant impact. The two existing wireless communications facilities located on the eastern edge of the project site will remain. ALTERATIONS OF VIEWS: The proposed townhouses will be a maximum of 36 feet tall, and will be visible from Interstate 805 and nearby properties. The proposed development will have the most effect on the views from residences located on 12`" Street. Instead of a view of mostly vacant property, with two dilapidated homes, and existing nondescript commercial development on Plaza Boulevard, residents will have a view of the front of seven townhomes. The townhomes, which are a little taller than the apartments adjacent to the west of the site, should augment the urban character of the area. The addition of the new townhouses and the associated landscaping is expected to somewhat improve the overall appearance of the site. Thus, the project will not have a significant effect on views. TRAFFIC: Although the project site fronts on both Plaza Boulevard and 12th Street, vehicular access to it will be solely from 12th Street. There will be an emergency access gate at the southwest corner of the site, on Plaza Boulevard. The project will generate approximately 224 average daily trips (ADT). 12th Street and 11th Street between Interstate 805 and Palm Avenue, R Avenue between 12th Street and 11th Street, and Palm Avenue just north of Plaza Boulevard will be the primary street segments carrying project traffic. The first three of the above streets are local residential streets each with a capacity of over 1,200 ADT. The current ADT volumes for these three streets are between 300 and 400 ADT. Combining the project traffic and the current traffic volumes on these streets results in a low daily traffic volume, possibly as high as 550 ADT, relative to the capacity of the streets. The streets will still function at a Level of Service C or better. Palm Avenue is a collector street with a capacity of 10,000 ADT and a current volume of 9,200, according to San Diego Association of Governments' (SANDAG) Average Daily Traffic Volumes 1996-2000. Thus, this segment of Palm Avenue has adequate remaining capacity to accommodate the trips generated by the proposed townhomes. So the project will not have a significant effect on traffic. NOISE: The probable interior noise levels of the proposed townhomes and the probable noise levels at both of the outdoor recreation areas on -site were examined to ensure that the residents would not be subjected to a noisy environment. According to an Acoustical Analysis, prepared by Davy & Associates, traffic on Interstate 805 adjacent to the east and Plaza Boulevard adjacent to the south of the site is the primary noise generator in the area. The noise levels inside all townhom- on the site will be less than CNEL 45 with standard building construction including, glazing o; the windows, solid exterior doors, and batt insulation in the walls. The noise levels at the two outdoor recreation areas will be below the City noise standards because of the distance from Plaza Boulevard and Interstate 805 and because of the shielding effect of the buildings. Finally, all project construction will be subject to compliance with Title 12 Noise Control of the National City Municipal Code, and will be temporary in nature. Therefore, current and future residents in the area will not be significantly affected by.existing or future noise in the area, and the residential use itself will not have a significant effect on noise levels in the area. BIOLOGICAL: The 1.7-acre project site is partially developed with two single-family homes and two wireless communications facilities. A significant portion of the site remains undeveloped; however, the entire site is disturbed. There is little to no vegetation, except for the palm trees planted as part of the wireless communications facilities, of any type on the site. The palm trees will remain on the property, which is completely surrounded by urban development. Thus, the project will not have a significant effect on biological resources. AIR QUALITY: No air quality impacts are anticipated for this project. The development is consistent with the approved General Plan; therefore, the air emissions of this project have already been accounted for in the Regional Air Quality Strategy (RAQS). Additionally, the proposed infill housing is close to jobs, and services, which will lessen potential air quality impacts. WATER QUALITY: The proposed project will not have a significant effect on water quality. Stormwater runoff from the site will not directly enter the City's stormwater conveyance system. The site will be graded to ensure that stormwater runoff will first drain into one of the landscaped open space areas, which total approximately 24 percent (29,500 square feet) of the site area. Additionally, the building footprints and on -site paving have been minimized through the inclusion of basement level garages below the living area of each unit. ALTER COMMUNITY CHARACTER: Plaza Boulevard, in the vicinity of the project, is developed with commercial businesses. There are restaurants adjacent to the west of and across Plaza Boulevard to the south of the project site. However, the residential project is designed such that it will not have as great a presence on Plaza Boulevard as it will on 12th Street, which is developed with single-family homes. The close proximity of the townhomes to 12th Street and the architectural design of the homes should reinforce the residential character of 12th Street, and help to insulate the area from the commercial activity on Plaza Boulevard. Also, the infill development will enhance the urban character of the area along Plaza Boulevard. Thus, the project will not significantly affect the existing character of the community. ENVIRONMENTAL HEALTH HAZARDS: Petroleum hydrocarbon contamination (motor oil) was detected in soil samples conducted on the property. Only a few square feet of surface area were contaminated, and only to a depth of approximately two feet. The contaminated soil will be removed and properly disposed of by a qualified professional as part of site grading prior to construction. This will eliminate the potential for significant environmental health impacts. REFERENCES: • National City General Plan • National City Transportation Study • Title 12 of the National City Municipal Code • Environmental Assessment Form by The Olson Company • Acoustical Analysis by Davy & Associates Incorporated • Soil and Geologic Reconnaissance by Geocon Incorporated • Traffic Letter Report by Linscott Law & Greenspan THE CITY OF NATIONAL CITY, CALIFORNIA ENVIRONMENTAL ASSESSMENT FORM NOTICE The information you provide in this form will be used to determine whether or not an environmental impact report is needed. To avoid unnecessary project delays, the information you provide should be complete, accurate and unbiased. CITY OF NATIONAL CITY, CALIFORNIA PLANNING DEPARTMENT INITIAL STUDY GENERAL INFORMATION PLANNING DEPARTMENT FILE NO. (PLEASE PRINT OR TYPE) CUP/PDP TYPE OF PERMIT REQUIRED PERMIT APPLICANT The Olson Company NAME AND ADDRESS OF PERMIT APPLICANT The Olson Company, 9191 Towne Centre Dr. Suite L-101, San Diego, CA 92122 NAME AND ADDRESS OF THE PROPERTY OWNER Jiunn-Shiung and Sheau-Yuan Lin 2631 Inyaha Lane, La Jolla, CA 92037 NAME AND ADDRESS OF THE PERSON WHO PREPARED THE PLAN Kimberly Duran (see above) DATE PHONE NO. (858) 784-6527 DATE OF PREPARATION 5/1/03 LEGAL DESCRIPTION OF THE JOB SITE See attached legal description SITE ADDRESS 1800 Plaza Boulevard, National City, CA 91950 FOR RESIDENTIAL: NO. OF DWELLING UNITS 28 FOR COMMERCIAL: TYPE OF BUILDING SQUARE FOOTAGE FOR INDUSTRIAL: TYPE OF BUILDING SQUARE FOOTAGE OTHER: TYPE OF BUILDING SQUARE FOOTAGE CITY OF NATIONAL CITY, CALIFORNIA • INITIAL STUDY (General Instructions) The State of California requires cities to assess the environmental impact of all development projects befoLe permits for such action are issued. The attached. form will assist you in presenting the environmental effects of your project. The form consists of the following sections. A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its environmental setting. E.' ASSESSMENT OF .ENVIRON iFNTAL IATPACT You will be asked to respond to a series of yes/to questions. A "yes" answer will mean the project could have significant environmental effects. These answers will be reviewed by the Environmental Impact Committee to determine whether an Environmental Impact RepoiL will be required. C. STATEMENT OF NO SIGNIFICANT .ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section B, but still believe the proj will have no significant environmental effects. D. ADDITIONAL DATA You may be asked to answer other questions and submit additional information to determine whether an EIR is required for the project. If required information is tot submitted within four (4) months from receipt of written notification by the Planning Department, or an extended period of time acceptable to staff, the application and project shall be considered withdrawn. Ea CERTIFICATION You will he asked to certify the truth and accuracy of your statements. INITIAL STUDY (continued) A. Background Information 1. Give a brief description of the proposed project. Include within this discussion the principal engineering proposals. See attached project description. 2. Describe the environmental setting, including distinguishing natural and man-made characteristics. The discussion should be of the site without (before) the project and include the imme- diate areas surrounding the site. See attached environmental site description City of National City Planning Department Initial Study General Information A. Background Information 1. The Olson Company is requesting both a Conditional Use and Planned Development Permit for the development of an attached condominium project located on the North West corner of Plaza Boulevard and Interstate 805. The project will entail the construction of a 28-unit subdivision on the site, and will entail the following engineering proposals: complete grading of the site; addition of private streets; construction of condominium units; and construction of private utilities. 2. The site comprises approximately 1.73 acres of land and is presently used as a residence and cell tower location. There are two single-family residences on the site built prior to the 1960's. The portion of the site not covered with buildings consists of concrete driveways, sidewalks, and vacant land. The ground surface slopes to the southwest and is covered with dirt, trees, and natural vegetation (weeds). A subsurface investigation identified soil contamination composed of motor oil in a tiny localized area, at a depth of two feet. No aboveground or underground storage tanks exist on the site, and radon is not considered an issue that would require further action at this time. The home located on the east corner of the property is connected to a private septic system, however, no environmental concerns have been identified given only residential discharges would have occurred to this system. The property has not historically been used for agricultural puposes. INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT Answer the following questions by placing a check in the appropriate space in Column A. 6 Column A Column B Staff Analysis Specific Questions 1. Does the project significantly change the present use of the project area? (The project area includes the im- mediate location of the project, as well as more remote areas that may be directly or indirectly affected by construction and/or operation of X the project.) 2. Does the project alter any unique, natural or manmade features? X Yes Maybe No 'Yes Maybe No 3. Does the project affect the conser- vation of any natural or scenic re- sources or scarce natural resources? X 4. Does the project alter the biological habitat of flora, fauna or endangered species? Xr 5. Does the project alter or change ex- isting features of any ocean, beach, estuary, bay or tidelands? 6. Does the project alter the land form of topography in excess of 25 percent? 7. Will the project contribute to in- crease flooding? 8. Will the project increase the possi- bility of erosion or sedimentation? 9. Does the project involve any geologi- cal hazards? 10. Will the project increase the possi- bility of earth slippage? 11. Will the project contribute advers- ly to the quality of air? X X X X X X x X X X X X INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 12. Will the project affect the use of existing or proposed recreational areas? 13. Will the project affect areas of his- toric, archaeological or aesthetic value? (The setting of such sites includes surrounding areas, the nature of which are important to the under- standing and enjoyment of the site itself.) 14. Will the project accelerate the dev- elopment of adjoining non -urban areas? (Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area.) 15. Will the project tax the City's or other agency's ability to provide necessary facilities? 16. Will the project require any variance from existing environmental standards (air, water, noise)? 17. Will the project alter the character of existing communities? (Examples in- clude, but are not limited to: Changes in traffic patterns Effects on access within the com- munity to commercial establish- ments, schools, parks, etc. Introduction of activities not presently found within the community.) 18. Is the land use proposed by the pro- ject in opposition to the City's ex- isting- plans, programs, and policies? Yes Maybe No X Column B Staff Analysis Yes Maybe No x G INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? Yes Maybe No X 21. Will the project significantly change the average population density of the community? X 22. Will the project alter the lifestyle of the community? X 23. Will the project result in overcrowding, a lack of privacy for adjoining develop- ment within the community? X 24. Will the project alter or eliminate views? X 25 Will the project reduce solar access or opportunities for passive heating and cooling on the site or on nearby property or result in other effects on climate or micro -climate? X 26. Will the project result in increased light or glare? X 27. Will the project alter or limit access to public facilities or recreational resources? 28. Will the project affect existing transportation systems? X 29. Will the project affect the existing utility networks? 30. Will the project affect the existing community facilities or city services? 31. Does the project involve the demolition or removal of existing improvements? Column B Staff Analysis Yes Maybe No x x I INITIAL STUDY (continued) B. ASSESSMENT OF ENVIRONMENTAL IMPACT (continued) Column A 32. Does the project alter or improve the employment base of the community? Column B Staff Analysis Yes Maybe No Yes Maybe No 33. Could the project significantly affect the potential use, extraction, or conser- vation of a scarce natural resource? (Ex- amples include, but are not limited to: Developments which effectively pre- clude the extraction of the regions rock, sand, gravel, or other mineral resources. Uses which effectively preclude the multiple use of regional natural resources in scarce supply. Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply.) 34. Are any of the natural or manmade fea- tures in the project area unique, that is not found in other parts of the City, County, State, or nation? (Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguish- ing characteristics not found in other areas, or, only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or conveniences.) X City of National City Planning Department Initial Study General Information Statement of No Significant Environmental Effects Specific Questions with "Yes" Answers: 1. Does the project significantly change the present use of the project area? The proposed development of 28 attached condominium residential units will change the use of the project area from general commercial to residential multi -family. 17. Will the project alter the character of existing communities? The proposed development will have a minor impact on traffic patterns along Plaza Boulevard, 12th Street, and 11th Street, as these will be the main access streets for the project. Based on a Traffic Letter Report prepared by Linscott Law & Greenspan for The Olson Company dated April 30, 2003, Average Daily Traffic (ADT) volumes on a Plaza Boulevard right -in and right -out driveway (the development is currently designed with this ingress/egress strategy) will operate at Level of Service (LOS) B. In addition, ADT on 11th and 12th Streets will not be significantly increased, and the LOS will remain at its current capacity (designated as "C"). 19. Will the project require a change in zone, adopted community or general plan? At the City's discretion, the zoning could be changed from General Commercial to Residential. The Olson Company is not pursuing this land use change at this time. 20. Does the project require any variation from existing codes and ordinances? A variation from the 20' front yard setback along 12th Street will be requested due to the physical site constraints and a desire to maintain a walkable streetscape along the street. In addition, the units along 12th Street will maintain the same setback as the adjacent apartment building to the west (this building also encroaches into the setback area). 31. Does the project involve the demolition or removal of existing improvements? The development of new residential units on the site will require the demolition and removal of one abandoned existing single family home and a second single-family unit on the site. 32. Does the project alter or improve the employment base of the community? This project will improve the employment base of the community by providing jobs during the construction phase of the development. In addition, by expanding home ownership opportunities in the neighborhood, residents will potentially be able to live closer to employment and/or start a new small business in the community. ENVIRONMENTAL ASSESSMENT STATEMENT (continued) C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section B, but still think the project will have no significant environmental effects, indicate your reasons below. THIS IS VERY IMPORTANT. Attach additional pages, if necessary. See attached statement of no significant environmental effects. D. ADDITIONAL DATA 1. If there are any Army Corps of Engineers or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. Not applicable 2e Estimate the amount of grading in cubic yards. Cut 3,750 cubic yards Fill 5,500 cubic yards Geometric export 1,750 cubic yards 3. What are the maximum heights of man-made slopes, etc. Maximum height of man-made slopes is 10 feet E. CERTIFICATION I hereby acknowledge that the above Environmental Assessment Statement is true and accurate to the best of my knowledge. Date t 1 03 Date J l t /63 Signed Signed Pers n who , stfi"tl_fa�lcation 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 NATIONAL Ct 1.ANNINC DEPARTMENT ENGINEERING REQUIREMENTS FOR 28 NEW CONDOS AT PLAZA BOULEVARD & I-805 Date: May 28, 2003 To: Jon Cain, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, ,Assistant Director of Public Works/Engineering Subject: 28 NEW CONDOS AT PLAZA BOULEVARD & I-805 1. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Departments requirements. 2. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall: be prepared in accordance with 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 Depaihnent. 3. The Engineering Department has review and concurs with the conclusions and recommendations of the soils report conducted by Geocon dated April 4, 2003. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. Soils report findings and recommendations are part of the Engineering Department requirements. Recycled Paper Planning Department May 28, 2003 Page 2 4. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 5. The deteriorated portions of the existing street improvements (20' of sidewalk) along the property frontages shall be removed and replaced. 6. The driveway on Plaza Boulevard shall be an alley entrance type driveway with pedestrian ramps. 7. The Engineering Depai liuent has review and concurs with the conclusions and recommendations of the traffic report conducted by Linscott, Law and Greenspan dated May 1, 2003. The conclusions and recommendations are a part of the Engineering Department requirements. 8. 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. 9. 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. 10. Street improvements shall be in accordance with City Standards. All missing street improvements (approximately 60' of sidewalk) shall be constructed. Abandoned driveway aprons (on 12th Street) shall be replaced with curb, gutter and sidewalks. 11. 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. Planning Department May 28, 2003 Page 3 TENTATIVE MAP REQUIREMENTS 1. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 28con City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: June 23, 2003 To: Jon Cain, Associate Planner, Esq. From: Jeff Burriss, Deputy Fire Marshal c Subject: 1-805 & Plaza Blvd. & 12th Street Homes From the set of plans I have reviewed, I am unable to be sure there is an entrance from the 12th Street side of this project. If there is an entrance for the fire department from 12th Street, this department has'no objection to the project moving forward. t Recycled Paper City of National City Building and Safety Department 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4210 Fax: 619-336-4217 June 17, 2003 TO: Planning Department FROM: Kathleen Trees Building & Safety Department SUBJECT: S 2003-3 I-805, Plaza and 12th St. 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. '1 A OTT N3 DMA MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION .` May 29, 2003 To: Jon Cain, Associate Planner From: Paul Desrochers, Executive Director Re: Case file No. S-2203-, PD-2003-2 Thank you for the opportunity to review the subject condominium development. The change in architectural design is acceptable. All concepts shown so far are welcomed. Good design for this key parcel at the entrance to the city is important. A concern however is what appears to be a sound wall along Plaza Blvd. I can understand the need to lessen the traffic noise from the units. However, what will the wall and landscaping look like along Plaza Blvd. I am concerned about the wall being a target for graffiti. With the concept for Filipino Village and street enhancement in the area I suggest that the developers work closely with us and the consultant (will be hired by the first of July). The wall and landscaping could become some kind of an artistic entrance monument if we plan it right. Let us know what we can to facilitate the enhancement of this area. STATE OF CALIFORNIA—BUSINESS, TRANSPORT N AND HOUSING AGENCY DEPAi2TMENT OF TRANSPORTATION E tsTRICT 11 P. O. BOX 85406, MS 50 SAN DIEGO, CA 92186-5406 PHONE (619) 688-6954 FAX (619) 688-4299 TTY (619) 688-6670 June 5, 2003 Mr. Jon Cain City of National City Planning Development 1243 National City Boulevard National City, CA 91950 Dear Mr. Cain: We have reviewed the Planned Development Permit 2003-2 for 28 condos located at SR-805 and Plaza Blvd. and have the following comments: • The project proposed an emergency access entry on Plaza Blvd. close to the Southbound I- 805 exit ramp. From the Highway Design Manual (HDM) Index 504.8 Access Control, "Right in -right out access may be permitted beyond 60 m from the ramp intersection." Please ensure that this emergency access entry meets this requirement and as an emergency access it must be blocked to any through daily traffic. • Any work performed within the Department's right of way will require an encroachment permit. For those portions of the project within the Department's right of way, the permit application must be stated in both English and Metric units (Metric first and English in parentheses). Information regarding encroachment permits may be obtained by contacting our Permits Office at (619) 688-6158. Early coordination with our agency is strongly advised for all encroachment permits. ® All roadway features (signs, pavement delineation, roadway surface, etc.) within the State right of way must be protected, maintained in a temporary condition, or restored. ® It must be determined if grading would modify the exiting drainage from the proposed project and cause increased runoff to existing state facilities. This will not be allowed. • It is the Department's policy to encourage landscaping within our right of way to mitigate visual impacts. For more information and guidelines regarding landscape issues, please contact Larry Fagot, Caltrans Landscape Architect, Landscape Architecture North at (619) 688-6092. If you have any questions or need additional information please call Jim Buksa, Development Review Branch, at (619) 688-6968. NATIONAL CITY � 1NN,l�r' ,� pA �T 4E,NATE 11-SD-805 PM 10.28 GRAY DAVIS, Governor Flex your pc. Be energy efficient! Sincerely, BILL FIGGE, Chief Development Review and Public Transportation Branch "Caltrans improves mobility across California" Mr. Jon Cain June 5, 2003 Page 2 bc: GPound (MS 50) EGjuangco (MS 55) KJewel (MS 06) LFagot (MS 47) JBuksa (MS 50) PERMITS (MS 48) "Caltrans improves mobility across California" I.V YAZ ?Ol P. i IT�it1�I{:? 1 SWEETWATER R AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org May 15, 2003 Mr. John Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES "JIM" DOUD, CHAIR., W.D. "BUD- POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S. "SKI" WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Subject: Water Availability West of 1-805, between Plaza Boulevard and 12th Street Case No.: S-2003-3, PD-2003-2 for 28 Condominium Units SWA Gen. File: Water Availability Dear Mr. Cain: This letter is in response to an Application for Conditional Use Permit and Tentative Subdivision Map for the planned development of condominiums on the subject property, within the Sweetwater Authority ("Authority") service area. There is a 6-inch main on the north side of 12th Street fronting the property, and an 8-inch main in the center of Plaza Boulevard. Please note that these water mains dead end. The Authority's records indicate that there are two domestic services to two of the parcels. Enclosed is a copy of 1/4 Sec. 129 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide domestic service or fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. If the owner pays the appropriate fees, provides the required fire flow information, and enters into agreement with the Authority for water facility improvements, if A Public Agency Serving National City, Chula Vista and Surrounding. Areas Mr. John Cain, Associate Planner City of National City Planning Department Re: Water Availability May 15, 2003 Page 2 of 2 required, water service can be obtained at a pressure ranging from a maximum of 72 p.s.i. to a minimum of 62 p.s.i. If you have any questions, please call Mr. Francisco J. Montijo at (619) 422- 8395, ext. 643. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:FJM:jg Enclosures: Photocopy of SEC. 129 map Aerial of site location Service papers (2) Pc: Ms. Kimberly Duran The Olson Company 9191 Towne Centre Drive, Suite L-101 San Diego, CA 92122 Jiunn-Shiung Lin and Sheau-Yuan Lin 2631 Inyaha Lane La Jolla, CA 92037 �:\engr\Gen\Water Availability\PI A7A AT 805.doc NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map x Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number " 7- )3 — Filing Fee $ . 1$2:5 Receipt No3l poz Date Received s f 2 jbBy — -: E.A.F. Required Fee $b Related Cases r P - "ZOOS t SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. 557-420-4, 24, 22, 26, 27, 32 ASSESSOR PARCEL NO. PROPERTY LOCATION NW corner of Plaza Boulevard / Interstate 805 COMBINED GENERAL PLAN/ZONING DESIGNATION G C- P D (General C omin e r c a l/ Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 Planned Development) CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Karen Mossberg Name: Gregory M Rh; el rlc 1 1 Signature Signature ��1 'I\ (Signature acknowledges that this (Signatuaknowledges that this application is being filed) application is being filed) Address: 701 B Street Suite 800Address: 701 B Street Suite 800 San Diego, CA 92101 San Diego, CA 92101 Phone No. (619) 235-6471 Fax No. (619) 234-0349 Phone No. (619) 235-6471 FaxNo. (619) 234-0349 Date: Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Jiunn-Shiun�; Lin Signa (Sig e ac .wledg: • t ' this application is being filed) 2631 Inyaha Lane Address: La Jolla, CA 92037 Phone No. �j / GJ /0 i Z. Fax No. (858) 522-0018 Date: 6O 3 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 Name: Sheau-Yuman Lin Signature (Signature ac le ges that this application is being filed) Address: 2631 Inyaha Lane La Jolla, CA 92037 Phone No. Fax No. (g5r8� 52_20 Date: g/f ! 6 3 APPLICANT Name: Kimberly Duran, (Please ty Signature: representing The Olson Company Signature rti es that the in ormation submitted with this application is true an accurate to the best of the applicant's knowledge). Address: 9191 Towne Centre Drive, Suite L-101 San Diego, CA 92122 Phone No. Fax No. Date: (858) 784-6527 (858) 455-5197 Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 NATIONAL CITY, CALIFORNIA APPLICATION for x Conditional Use Permit x Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 Case Number Filing Fee $ Date Received E.A.F. Required Related Cases PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY P D - z 003 — 9-- S ReceiptNo.'9168 d3 By'� —1 Fee $ LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) See attached legal description PROPERTY LOCATION NW corner of Plaza Boulevard and I-805 between Plaza Boulevard and No. 12th Street Street COMBINED GENERAL PLAN/ZONING DESIGNATION GC—PD (General Commercial/ Planned Development) Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 ( REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: See attached justification request PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Jiunn-Shi Name: ng Lin Name: She au -Yuan Lin Si^_nature �j�1111��:7 Signature (S1 ( re ac ovule :es t at this (Sign° re c owedges that this application is be j g filed) application is being filed) Address: 2631 Inyaha Lane La Jolla, CA 92037 Phone No. Address: 2631 Inyaha Lane La Jolla, CA 92037 Phone No. Fax No. (858) 522-0018 FaxNo. (858) 522-0018 Date: `50 (03 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: Kimberl (Please typ Signature: - - (Signature c rti es that the ix*Iformation submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9191 Towne Centre Drive, Suite L-101 Duran ,reore San Diego, CA 92122 Phone No. (858) 784-6527 Fax No. Date: (858) 455-5197 L(-1-2-e(o Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient accessto streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; an. 3. That the propasus''will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, you are not required to provide justification of these findings; however, the information can be useful to Planning' Staff when compiling their report. Please provide any additional information which may Ix helpful when considering the application. Conditional Use/Planned Development/Planned Unit Development Permit Application,, Revised December, 1998 Page 4 of 4 September 2, 2003 ITEM #3 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 September 2, 2003 MEETING DATE AGENDA ITEM NO. 4 1-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING THE CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE 30TH STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT IN NATIONAL CITY, SPECIFICATION NO. 99-14 PREPAREDY Din Daneshfar GE A T ENT Public Works/Engineering 336-4387 EXPLANATION See attached explanation. X Environmental Review N/A Financial Statement The final total construction cost is $382,840.36Approved By. This amount is within the estimated budget for the project. Funding is available through br, nnatice Director Account No.313-409-500-598-6543. The amount of the final payment (10% retention) is 8,284.04, which will be due following the recording of project acceptance. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSIO RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 2003-120 esolution 2. Change Order Number One 3. Contract Final Balance 4. Notice Of Completion A-200 (9 92) RE: A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY APPROVING CHANGE ORDER NUMBER ONE, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR 30TH STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT, SPECIFICATION NO. 99-14 On July 16, 2002 by Resolution No. 2002-101, the City Council awarded a contract to HMS Construction, Inc. for the Traffic Signal Interconnect on 30th Street from National City Boulevard to Euclid Avenue and on Euclid Avenue from 30th street to the City Limits, Specification No. 99-14. Based upon the estimated bid quantities, the total bid cost for the project was $376,334.00. The project included the interconnection of the existing twelve traffic signals. The purpose of the signal interconnection was to facilitate the communication between the existing traffic signal controllers in the field and the traffic computer system at the City Hall. During the construction phase, certain bid quantities were adjusted to reflect the actual installed improvements in the field. As the result of the adjusted quantities, the total contract amount was increased per each pertinent bid unit price in the amount of $1,669.80. The progress payments included the revised costs. At the City's request the existing fiber optic splice closure, at the intersection of Plaza Boulevard and Euclid Avenue, was removed and replaced with a larger closure in order to accommodate the proposed 36 fiber optic cable, and splices. This change of condition required testing of the existing fiber optic cable, cutting, and re -splicing of all existing terminations in the new fiber optic splice closure. The cost due to this change of condition was $4,836.56. The revised/additional work that includes the quantities are further detailed in the attached Change Order Number One and Contract Final Balance. On June 13, 2003, the final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The project acceptance process was delayed due to the discrepancies that were found on the contractor's payroll submittals. The payrolls had to be corrected prior to acceptance of the project. The Contractor has recently provided the City with the required documents, and indicated that the established wage rates for the project have been met. The purpose of the Change Order Number One and Contract Final Balance is to finalize the contract quantities and construction completion time, and to address the revised/additional work. The total original contract amount for the construction is increased in the amount of $6,506.36 with a final cost at $382,840.36. The project is funded by the federal Congestion Management Air Quality (CMAQ) funds. RESOLUTION NO. 2003 — 120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1, ACCEPTING THE WORK, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE 30th STREET AND EUCLID AVENUE TRAFFIC SIGNAL INTERCONNECT PROJECT (Engineering Specification No. 99-14) WHEREAS, on July 16, 2002, by Resolution No. 2002-101, the City Council awarded a contract to HMS Construction, Inc. for the Traffic Signal Interconnect Project on 30th Street to the city limits, Engineering Specification No. 99-14. Based upon the estimated bid quantities, the total bid cost for the project was $276,223.00; and WHEREAS, the project included the interconnection of the existing twelve traffic signals for the purpose of facilitating the communication between the existing traffic signal controllers in the field and the traffic computer system at the Civic Center; and WHEREAS, at the City's request, pursuant to Change Order No. 1, the existing fiber optic splice closure at the intersection of Plaza Boulevard and Euclid Avenue was removed and replaced with a larger closure in order to accommodate the proposed 36 fiber optic cable, cutting, and re -splicing of all existing terminations in the new fiber optic splice closure, at the cost of $4,836.56. NOW, THEREFORE, BE IT RESOLVED that all work required to be done by HMS Construction, Inc., Engineering Specification No. 99-14, for the 30th Street and Euclid Avenue Traffic Signal Interconnect Project has been completed, and the City Council of the City of National City hereby accepts said work, authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. approved. ATTEST: BE IT FURTHER RESOLVED that Change Order No. 1 is hereby PASSED and ADOPTED this 2nd day of September, 2003. Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: d�� George H. Eiser, Ill, City Attorney City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 CHANGE ORDER NUMBER 001 Page 1 of 2 To: Mr. Jeff Sumner, Project Manager HMS Construction 1225 Linda Vista Drive San Marcos, CA 92069 Date: February 7, 2003 Project: 30`h Street and Euclid Avenue Traffic Signal Interconnect Specification No. 99-14 Description of Change: This change order is prepared to describe the additional work, and to address the new construction completion time. Discussion: The original quantities of the items No. 2, 3, 5, and 6 were adjusted (increased/decreased) based upon the actual work done in the field. The attached contract final balance highlights these items. The work was incorporated into the contract and paid for at the pertinent bid unit price. At the intersection of Plaza Boulevard and Euclid Avenue, the existing fiber optic splice closure did not accommodate the proposed 36 fiber optic cable, and splices as shown on the construction plans for the above project. In order to complete the interconnection, the existing closure had to be removed, and replaced with a larger closure. This required also testing of the existing fiber optic cable, cutting, and re -splicing of all existing terminations in the new fiber optic splice closure. This change is included in the attached contract final balance (Item No. 14). Contract Price Adjustment: As the result of the change of condition, the total contract price was increased in the amount of $6,506.36 from the original amount at $376,334.00 to a new contract total price at $382,840.36. Contract Time Adjustment: The waiting time for the purchase and delivery of the items was 25 working days. Therefore, the project was suspended during waiting period and as a result of the additional work the contract completion time was extended 15 working days. The contract completion date was originally established as December 31, 2002. The actual final project completion date would be April 7, 2003. 1 ® Recycled Paper CHANGE ORDER NUMBER 001 Page 2 of 2 This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and incidentals for continuing the work within time as adjusted above. HMS Construction will not be entitled to damages or additional payment for delays as described in the 1997 edition of Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work within the time as adjusted above. Failure of the Contractor to complete the work within the time allowed by this change order will result in damages being sustained by the City as specified in the Subsection 6-9 of the Contract Specifications. Recommended for Approval by: Daneshfar, City Project Manag Approved "703 Dat 4cff Sumnor ALtb 1.4 t Date •-Apaje r,—. aaage , HMS Construction Burton S. Myers Date Director of Public Works /City Engineer City of National City Resolution Number Date 2 CONTRACT FINAL BALANCE TRAFFIC SIGNAL INTERCONNECT ON 30TH STREET & EUCLID AVENUE 1- SPECIFICATION NO. 99-14 FINAL INSPECTION DATE: 5/30/03 PROJECT NO. 6543 __ COMPLETION DATE: 9/2/03 BASE BID Page 1 of 2 NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 ITEM Electrical Conduit (2" PVC) Pull Box (No. 6) Replace Exist. Pull Box With New (No. 6) Splice Vault Fiber Optic Cable (36-Fiber, Single Mode) Fiber Optic Cable (6-Fiber, Single Mode) W/Fan-Out Kit Fiber Optic Modem W/C-2 Cable and Conn. Fiber Optic Modem (Rack Mounted) Splice Closure (In No. 6 Pull Box) (With Fusion Splices) Splice Closure (In Splice Vault) (With Fusion Splices) Splice To Existing Fiber To City Hall Storm Water Pollution Prevention Control Construction Traffic Control 14 Extra Work QNTY 20,000 42 5 2 20,000 900 13 6 13 1 1 1 1 UNIT LF EA EA EA LF LF EA EA EA EA LS LS LS UNIT PRICE $9.59 $450.00 $450.00 $1,463.00 $2.30 $12.40 $1,737.00 $1,812.00 $706.00 $3,024.00 $3,670.00 $13,173.00 $40,800.00 ORIGINAL AMOUNT $191,800.00 $18,900.00 $2,250.00 $2,926.00 $46,000.00 $11,160.00 $22,581.00 $10,872.00 $9,178.00 $3,024.00 $3,670.00 $13,173.00 $40,800.00 ACTUAL QUANTITY 20,000 43 4 2 20,106 1,015 13 6 13 1 1 1 1 ACTUAL AMOUNT $191,800.00 $19,350.00 $1,800.00 $2,926.00 $46,243.80 $12,586.00 $22,581.00 $10,872.00 $9,178.00 $3,024.00 $3,670.00 .$13,173.00 $40,800.00 New Splice Closure (CO#1) Total 1 EA $4,836.56 $4,836.56 $381,170.56 1 $4,836.56 $382,840.36 Page 2 of 2 CONTRACT FINAL BALANCE TRAFFIC SIGNAL INTERCONNECT ON 30T" STREET/EUCLID AVENUE SPECIFICATION NO.99-14. FINAL INSPECTION DATE: 5/30/2003 PROJECT NO.: 6543 COMPLETION DATE: 9/2/2003 The final total contract price for the bid to date is $382,840.36. The total time provided for completion in the contract is changed from 80 working days to 95 working days. The Contractor accepts this Final Balance as full compensation for the work. Recommended for Approval by: aneshfar, City Project Mana Approve .ipff Sumner, 4540Aluo r, HMS Construction, Inc. Stephen M. Kirkpatrick Acting Director of Public Works /Engineering Date �5-; c�O0� Date Date City of National City Resolution Number Date RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 2, 2003, of the TRAFFIC SIGNAL INTERCONNECT PROJECT, SPECIFICATION NO.99-14 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at 30th Street/Euclid Avenue, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with HMS CONSTRUCTION, INC Name of Original Contractor The following work and material were supplied:Electrical, General Concrete/Pavement Work General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NLA Joint tenants, tenants in common, or other owners Dated: , 2003; Signature nf Owner , Nick lnzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2003, at , California. Signature: NICK INZUNZA, MAYOR FORMS/NOC2-8 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 5 (ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NUMBER 2 FOR THE NATIONAL CITY STREET RESURFACING PROJECT, SPECIFICATION NO. 02-2 PREPARED Y Stephen M. Kirkpatrick DEPARTMENT Engineering 336-4383 EXPLANATION Contract Change Order No. 2 is to adjust the quantities in the current contract due to the addition of E. 5th Street west of Harbison Avenue, and E. 24th Street between Prospect Street and Grove Street. This is a unit price contract. The pay quantities in the contract that need to be increased are Line Item Numbers 4, 5, 6, 7, 14, 15, 16, 21, 25 and 27. Because of the deletion of Civic Center from Harbor Drive to Tidelands Avenue, 7th Street from Arcadia Avenue to Pleasant Lane and Arcadia Avenue from 7th Street to 8th Street from the original bid, the quantities that need to be decreased are Line Item Numbers 3, 8, 9, 10, 11, 13, 19, 22, 23, 24 and 28. Together, this results in an overall increase in the cost of the project of $51,877.01 from $2,000,860.16 to $2, 052,737.17. This amount is within the approved budget for this project. (,,,_. The project is now 95% complete. There will be a final inspection and agreement on quantities, followed by a balancing change order and a recommendation of acceptance. It is not anticipated that the project cost will significantly change from its current cost. Environmental Review X N/A Financial Statement The total cost of the project Approved was estimated to be $2,270,000.00. Funding is available through Finance Director Account Number 109-409-500-598-6035, 125-409-500-598-6035, 307-409-500-598-6035, 343 500-598-6035, and 345-409-500-598-6035. Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 2003-121 1. Resolution 2. Contract Change Order Number 2 c 02-2 A-200 19 993 RESOLUTION NO. 2003 —121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO APPROVE CONTRACT CHANGE ORDER NO. 2 FOR THE NATIONAL CITY STREET RESURFACING PROJECT (Engineering Specification No. 02-02) WHEREAS, on February 4, 2003, the City Council passed Resolution No. 2003-22, awarding a contract to SJH Construction, Inc. for the National City Street Resurfacing Project, Engineering Specification No. 02-2; and WHEREAS, Change Order No. One was approved on August 5, 2003, and increased the contract amount from $1,890,377.18 to $2,000,860.16, a difference of $110,482.98; and WHEREAS, Change Order No. Two is necessary to adjust the quantities in the current contract due to the addition and deletion of various streets within the scope of the contract, which increases the current contract amount from $2,000,860.16 to $2,052,737.17, a difference of $51,877.01. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that Change Order No. Two for the National City Street Resurfacing Project, Engineering Specification No. 02-2 is hereby approved. PASSED and ADOPTED this 2nd day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER NO. 2 DATE: September 2, 2003 PROJECT: National City Street Resurfacing Project FY 02-03, Specification No. 02-2 TO: David R. Hummel, President Hanson SJH Construction, Inc. P. O. Box 639069 San Diego, CA 92163-9069 DESCRIPTION OF CHANGE: This change order is written to increase/decrease the current bid quantities of work completed for each bid item as shown below. Current Contract (Includes CCO 1) Quantity Adjustment Increase(+)/Decrease(-) Adjusted Contract No Item Descri , tion Unit Unit Cost Quantity Amount Quantity Amount Quantity Amoun 1 Mobilization LS $21,323.1 1 $21,323.10 0 $0 1 $21,32 2 Clearing and Grubbing LS $1,000.00 1 $1,000.00 0 $0 1 $1,000 3 Unclassified Excavation CY $21.29 800 $17,032.00 -720 $ 15,328.80 80 $1,703 4 Remove and Replace Street Section 1.5"AC on 8" Base SF $2.54 59,614 $151,419.56 5,312 $13,492.48 64,926 $164,912 5 Remove and Replace Street Section 2" AC on 10" Base SF $2.55 85,859 $218,940.45 4,744 $12,097.20 90,603 $231,031 6 Remove and Replace Street Section 3" AC on 8" Base SF $2.52 107,031 $269,718.12 22,574 $56,886.48 129,405 $326,60z 7 Remove and Replace AC Onl TON $60.82 1,185 $72,071.70 461.56 $28,072.08 1,646.56 $100,14: 8 Pavement Millin l LF $0.73 62,390 $45,544.70 -11,016 $ 8,041.68 51,374 $37,50; 9 Pavement Fabric SY $0.75 126,589 $94,941.75 -19,069 $ 14,301.75 107,520 $80,641 10 AC Overla TON $45.00 12,246 $551,070.00 -446 $ 20,070.00 11,800 $531,01 11 Manholes EA $200.00 65 $13,000.00 -11 $ 2,200.00 54 $10,801 12 Monuments EA $150.00 9 $1,350.00 0 $0 9 $1,35 13 Remove and Replace Cross Gutter SF $15.86 6,079 $96,412.94 -1,066.5 $(16,914.69) 5,012.5 $79,49 14 New Cross Gutter SF $16.59 1,124 $18,647.16 73 $1,211.07 1,197 $19,85 15 Remove and Replace Sidewalk SF $6.30 6,990 $44,037.00 1,155 $7,276.50 8,145 $51,31 16 New Sidewalk SF $5.25 6,411 $33,657.75 485 $2,546.25 6,896 $36,20 17 Remove Concrete SF $3.47 1,350 $4,684.50 0 $0 1,350 $4,68 18 Remove and Replace Curb and Gutter LF $27.72 3,388 $93,915.36 0 $0 3,388 $93,91 19 New Curb and Gutter LF $22.47 1,723 $38,715.81 -8 $(179.76) 1,715 $38,53 20 Traffic Striping LS $23,000.0 0 1 $23,000.00 0 $0 1 $23,0( 21 Pedestrian Ramis EA $1,365.00 15 $20,475.00 4 $5,460.00 19 $25,92 Page 1 CONTRACT CHANGE ORDER NO. 2 uurrent Lu (Includes C No Item Description Unit Unit Cost Quantity 22 Reinstall Traffic Loops EA $285.00 154 23 Remove and Replace SF $10.00 2,655 24 New Driveway SF $5.88 4,528 25 Remove and Replace SF $7.14 6,694 26 Remove and Replace EA 1,426.00 , 1 27 New Gravity Wall CY $1,113.00 3 28 Remove and Replace SF $42.00 363 29 Remove and Replace LS 1 30 Clean and Fig Seal Medians on Harbor Drive SF $0.06 36,041 Current Contract Total Ad' usted Ad w/chan uantities CCO #2 usted Contract orue ntract CO 1 Amount $43,890.00 $26,550.00 $26,624.64 $47,795.16 1,426.00 $3,339.00 $15,246.00 $2,870.00 $2,162.46 2,000,860.16 Quantity Adjustment Increase + /Decrease - Quantit -391.25 1,625.25 Amount $ 4,275.00 $(5.00) $ 2,300.55 $11,604.29 $333.90 $(3,486.00) $51,877.01 Adjusted C--,ract Quantit 2,654.5 4,136.75 8,319.25 36,041 DISCUSSION: The quantity in Line Item No. 3 is being decreased by 720 cubic yards because the amount of unsuitable material encountered on all sites was minimal. This decreases the amount by $15,328.80. The quantity in Line Item No. 4 is being increased by 5,312 square feet because of added removal and replacement of street section 1.5" of AC on 8" of base to correct failed street section encountered at various sites. This increases the amount by $13,492.48. The quantity in Line Item No. 5 is being increased by 4,744 square feet because of added removal and replacement of street sections 2" of AC on 10" of base to correct failed street section encountered at various sites. This increases the amount by $12,097.20. The quantity in Line Item No. 6 is being increased by 22,574 square feet to include the 3" of AC on 8" of base needed to complete the added improvements on E. 5th Street west of Harbison Avenue and E. 24th Street between Prospect Street and Grove Street. This increases the amount by $56,886.48. The quantity in Line Item No. 7 is being increased by 461.56 Tons of asphalt because of added work on Euclid Avenue between 16th Street and 18th Street. This increases the amount by $28,072.08. The quantity in Line Item No. 8 is being decreased by 11,016 linear feet of pavement milling because of the deletion of three locations from the original bid quantities. This decreases the amount by $8,041.68. Amoun $39,615: $26,545. $24,324.( $59,399 $1,426.( $3,672 $11,760. $2,870.1 $2,162. $2,052,72 Page 2 CONTRACT CHANGE ORDER NO.2 The quantity in Line Item No. 9 is being decreased by 19,069 square yards of pavement fabric because of the deletion of three locations from the original bid quantities. This decreases the amount by $14,301.75. The amount in Line Item No 10 is being decreased by 446 Tons of asphalt because of the deletion of three locations from the original bid quantities. This decreases the amount by $20,070.00. The amount in Line Item No. 11 is being decreased by 11 manholes since they were not required to be readjusted. This decreases the amount by $2,200.00. The amount in Line Item No. 13 is being decreased by 1,066.5 square feet of removal and replacement of cross gutter because the existing condition was deemed to be adequate and replacement was not necessary. This decreases the amount by $16,914.69. The amount in Line Item No. 14 is being increased by 73 square feet to render for the construction of new cross gutter needed to provide proper drainage. This increases the amount by $1,211.07. The amount in Line Item 15 is being increased by 1,155 square feet of sidewalk that was not accounted for in the original estimate. This increases the amount by $7,276.50.. The amount in Line Item No. 16 is being increased b/ 485 square feet of new sidewalk needed to complete the necessary improvements on 5" Street West of Harbison Avenue. This increases the amount by $2,546.25. The amount in Line Item No. 19 is being decreased by 8 linear feet of new curb and gutter from the original estimate. This decreases the amount by $179.76. The amount in Line Item No. 21 is being increased by 4 extra pedestrian ramps added to make the current improvements conform to ADA standards. This increases the amount by $5,460.00. The amount in Line Item No. 22 is being decreased by 15 traffic loops because Civic Center Drive was deleted from this Contract. This decreases the amount by $4,275.00. The amount in Line Item No. 23 is being decreased by 0.5 square feet of alley apron from the amended quantity increase by CCO No. 1. This decreases the amount by $5.00. The amount in Line Item No. 24 is being decreased by 391.25 square feet of new driveway from the amended quantity increase by CCO No. 1. This decreases the amount by $2,300.55. The amount in Line Item No. 25 is being increased by 1,625.25 square feet of remove and replace driveway needed to repair damaged existing driveway not accounted for in the original estimate. This increases the amount by $11,604.29. Page 3 CONTRACT CHANGE ORDER NO. 2 The amount in Line Item No. 27 is being increased by 0.3 cubic yards of new gravity wall because of added extra wall. This increases the amount by $333.90. The amount in Line Item No. 28 is being decreased by 82 square feet of retaining wall since it was deleted from the Contract because it was determined by City staff that it did not need to be removed and replaced. This decreases the amount by $3,486.00. 0 Page 4 CONTRACT CHANGE ORDER NO. 2 CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $51,877.01 from the current contract price of $2,000,860.16 to a new contract price of $2,052,737.17. 2. The contract time is unchanged. The contract completion date was previously established as Monday, September 15, 2003. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Hanson SJH Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: (V Carlos C. Perez M., Engineering Technician I APPROVED BY: 2'1 O Da e 81z4 Jo3 avid R. II t K,,,,;, Qe.,, vP/ LP0 Date Hanson SJH Construction, Inc. Mr. Wilde, Assistant Se retary Han n SJH Construction, Inc. Dae /co Stephen M. Kirkpatrick, Date Acting Director of Public Works/Engineering Page 5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 7, 7003 AGENDA ITEM NO. 6 (-ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH MANIFLO INC. FOR THE INSTALLATION OF CONDUIT AND DATA CABLE CONNECTING MANIFLO INFORMATION SYSTEMS BETWEEN 1428 AND 1442 HIGHLAND AVENUE PREPARED BY Charles Nissley EXPLANATION 336-4396 DEPARTMENT ENGINEERING Maniflo, Inc. is the owner of the properties located at 1428 and 1442 Highland Avenue. The two properties are separated by a third parcel located at 1436 Highland Avenue. It is the desire of Maniflo, Inc. to connect their information system with a privately owned data cable between their properties. Originally they requested a private utility easement with the owner of 1436 Highland Avenue. Their request was denied. Maniflo, Inc. is now seeking an encroachment agreement for the area shown in Exhibit B to install the proposed underground conduit and data. The width of the encroachment area shall be twenty-four (24) inches to allow for the placement of conduit and cable. It is recommended the Resolution be adopted allowing the encroachment. Environmental Review XN/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION It is recommended the Resolution be, adopted allowing the encroachment. BOARD / COMMISSION RE O ENDATION N/A ATTACHMENTS ( Listed Below ) 1.Resolution 2. Encroachment Agreement 200 (B J91 Resolution No. 2003-122 RESOLUTION NO. 2003 —122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH MANIFLO, INC. FOR THE INSTALLATION OF CONDUIT AND DATA CABLE CONNECTING MANIFLO INFORMATION SYSTEMS BETWEEN 1428 AND 1442 HIGHLAND AVENUE WHEREAS, Maniflo, Inc., the owner of the properties located at 1428 and 1442 Highland Avenue, is seeking an encroachment agreement to install underground conduit and data cable to connect Maniflo, Inc. information systems between the two properties which are separated by a third parcel located at 1436 Highland Avenue; WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Maniflo, Inc., and directs the City Clerk to record the same. PASSED and ADOPTED this 2"d day of September, 2003. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure as shown on Exhibit "A" within a CITY easement or right-of-way for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER'S land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER' s sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish 'the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY' s easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. The parties agree that the former encroachment agreement approved by City Council Resolution No. 10,926 on January 2, 1973 is hereby superseded. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: . l�- 7 ©O� KID P. AUPA©A Person in Responsible Charge (Print Name) C67lcl) 60q 4815 24 hr. Phone Number MAW IFLO Nit0 CY_______CetA NbEI 1NG Firm Name OWNER/APPLICANT etch hcLnc[ Printed Name & Signature Printed Name & Signatt I Z I4t IHLAND AVE t4P 11O � C.Lry, cA atcl 5Q Mailing Address (616) 474'15L Phone Number P.S. Attach notary certification for the name shown above. Acknowledgement Notary only. JS:jha2 I I 1 Use California All Purpose CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �u -f st 6 On (J4 1.111i ad©3 before e,LEow&ADO q.11IiA No1 ' Pireu Dale„„ Name Titter .011icer (e.g.. "Jane One. Notary Public ) personally appeared tIAd1L 1t&d R 6 PqName(s) of S ner(s) W ersonally known to me ❑ proved to me on the basis of satisfactory evidence LEONARDO A. PITA Commission # 1374030 Notary Public --California San Diego County MyComm. BpfresSep10,2006 tk i 9 , QgpQo4 to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ha stae/they executed the same in his/her/their authorized capacit (ies), and that by Weilier/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 d and official seal. Sign 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: z rt4 ©Qeu1 Q.Ut Q 4.. LLI Q LLt Document Date: Q. IU I g r a a 9 J Number of Pages: 2-- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Li Corporate Officer — Title(s): Partner — ❑ Limited ❑ General • Attorney -in -Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: `ek%1 , v" vTZ1Sa ,'a`^'°v^".='CX.Y- •0_%w`' .` •'; ; Nkn'a7�C,/, 1999 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-879-6827 RIGHT THUMBPRINT OF SIGNER Top of thumb here EXHIBIT A LOTS 31 AND 38 OF BLOCK 131 OF RANCHO DE LA NACION QUARTER SECTION 154 SUB OF PORTION 10 ACRE LOT 9. k 0- 0 2. .Sr /ZJ. t42 w al PAR 131. I t4-4 .2t LOT 14 250 — o /.zer:, GP tie 9. 96 PAR 2 �, �.44PM4521/85 -57/.07't4" E aJ4 2 0 0 °3 3 f 4 0,035011,10.00,41 4. 311 0006.000 DG7 li SAN DIEGO COUNTY ASSESSOR'S MAP 800N 560 PAGE 13,. 3o ISTH 3 ST \ / (o rn 14 TH 9T OP 0.04 P.C. 3 S O 02 AC Cal) 105.LF POR - L 15TH ST „1yM 69r0 02 O 20 ST OP .ss. o r Att 9 20 7 9a74V71 11 I6TH yY e Ib 11 /5 /4 10 3 13 o- AA •ice PAR I /3/. le be-c El LOT 10 O N7/' OW \ .3,,.E-3ap'J PAR 2 80 - - �NC COR 1DT10 5� 5'r I4oPM 4521 Id Sy-< 30 KMD 1 • ,SO CSEC 154 e ® POR. N 30 5 LOT 9 20 - X 4r—+ ST ,„ CD TITS MAP WAS PREPARED FOR ASSE55937E PURPOSES OILY. to AMMERY 6 THE DATA SHOWN. ASSESSOR'S PARCELS MAY 1DT WRY CIM U7GL SUMMON OR MONDD CROVAACE5. - 96 s 16TH ST ,560 -13, ® „700. 10/30/01 XS CHANGES kir K OLD NEW Ni 13,/7 27,28 5.7 68616 73 /747 771123 77 58- .goaz e .28 5 , 29 5 2a3Z 02 1438 ...111- ■■■,. ---■- iNOV 0 9 2001 MAP 1190 - RHO DE LA MAP 166 - RHO DE LANAC ONN POR OSEC SUB 1OF POR 10 AC LOT 9 154 ROS 13498,14509 z z Z 2 2 tAi'v, RY- . c=y F.,--7.-(2 . Wr1 a;sffS. Si- ear."Y' XfrAW.,..oka,Angwe , - _ Ex HINT 1?> City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 7 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD\ 8TH STREET AND NATIONAL CITY BOULEVARD PARCEL MAP (33-2002) PREPARED BY Adam Landa DEPARTMENT Engineering 336-4394 EXPLANATION BDS Engineering, representing the Community Development Commission, has submitted a final parcel map for the southwest corner of 8th Street and National City Boulevard for the City Council approval, acceptance, and filing with the County Recorder. The parcel map consists of 4 parcels. The map includes street dedication on National City Boulevard, Roosevelt Avenue, 8th Street and Plaza Boulevard. The tentative map has been reviewed and approved by the Planning Commission, Resolution No. 33-2002, dated December 2, 2002. The final parcel map, grading plan, and street improvements plans have also been approved by the Public Works/Engineering Department. Environmental Review X N/A Financial Statement N/A Approved BY: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Parcel Map Resolution No. 2003-123 8th1 A-200 (9 99 ) RESOLUTION NO. 2003 —123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FINAL PARCEL MAP (33-2002) FOR THE SOUTHWEST CORNER OF 8T" STREET AND NATIONAL CITY BOULEVARD, AND THE RECORDATION OF THE SAME WHEREAS, at a regular meeting of the Planning Commission held on December 2, 2002, the Planning Commission adopted Resolution No. 33-2002, approving the tentative parcel map for four (4) parcels located at the southwest corner of 8th Street and National City Boulevard generally described as: A consolidation of Lots 1 through 24 in Block 9; Lots 1 through 24 in Block 10 of National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 348 filed October 2, 1882, in the Office of the County Recorder of San Diego County together with 9th Street between National City Boulevard and Roosevelt Avenue vacated and closed to public use per City Council Resolution 2003-3, recorded January 23, 2003 as File No. 2003-0082074 of official records of the County Recorder of San Diego County. WHEREAS, all requirements of the tentative parcel map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the final parcel map for four (4) parcels located at the southwest corner of 8th Street and National City Boulevard is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final parcel map with the County Recorder. PASSED and ADOPTED this 2nd day of September, 2003. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. e ser, Ill, City Attorney PARCEL MAP NO. 0,' CASE FILE No. LS-2001-2 IN THE CITY OF NATIONAL CITY SHEET 1 OF 3 SHEETS OWNER'S CERTIFICATE WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND CONSOLIDATED BY THIS MAP AND WE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP CONSISTING OF 3 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. WE HEREBY DEDICATE TO THE PUBLIC THOSE PORTIONS OF NATIONAL CITY BOULEVARD, ROOSEVELT AVENUE, EIGHTH STREET AND PLAZA BOULEVARD. FOR USE AS A STREET AS SHOWN ON SAID MAP. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, A PUBLIC BODY, CORPORATE AND POLITIC, AS OWNER. BY: I L DATE: 415/1)3 NAME: BENJAMIN MARTI TINE: ACTING EXECUTIVE DIRECTOR - - - STATE OF CALIFORNIA)) SS COUNTY OF SAN DIEGO) ON Fl/'3,G7A73 BEFORE ME oktmprox Alio A NOTARY PUBUC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED BENJPMIN MARTINEZ, PERSONALLY KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME IN HIS AUTHORIZED CAPACITY, AND THAT BY HIS SIGNATURE ON THE INSTRUMENT THE PERSON, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON ACTED. EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL SIGNATURE T PRINTED AHk%WYYk LL'M MY COMMISSION EXPIRES ON%f 44921d5 PRINCIPAL PLACE OF BUSINESS !NOV 24/190 COUNTY. nrcrs\000,\f010 ,ti\,.o 1 [WL PARCEL MAP OF A CONSOLIDATION OF LOTS 1 THROUGH 24 IN BLOCK 9; LOTS 1 THROUGH 24 IN BLOCK 10 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348 FILED OCTOBER 2, 1882, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH 9TH STREET BETWEEN NATIONAL CITY BOULEVARD AND ROOSEVELT AVENUE VACATED AND CLOSED TO PUBLIC USE PER CITY COUNCIL RESOLUTION NO. 2003-3 RECORDED JANUARY 23, 2003 AS FILE NO. 2003-0082074 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL MAP GUARANTEE BY: CHICAGO TITLE COMPANY ORDER NO. 23038373-U13 DATE: JULY 9, 2003 MAYOR AND CITY CLERK CERTIFICATE OF APPROVAL STATE OF CALIFORNIA) COUNTY OF SAN DIEGO SS WE NICK INZUNZA, MAYOR AND MICHAEL R. DALLA, CITY CLERK OF NATIONAL CITY, CAUFORNIA HEREBY CERTIFY THAT THE CITY COUNCIL BY RESOLUTION No HAS APPROVED THIS PARCEL MAP CONSISTING OF 3 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAS ACCEPTED ON BEHALF OF THE PUBLIC THOSE PORTIONS OF NATIONAL CITY BOULEVARD, ROOSEVELT AVENUE, EIGHTH STREET AND PLAZA BOULEVARD AS DEDICATED AND SHOWN ON SAID MAP. BY: DATE: NICK INZUNZA, MAYOR NATIONAL CITY, CALIFORNIA BY: DATE: MICHAEL R. DALLA CRY CLERK OF NATIONAL CRY, CALIFORNIA THOMAS A JONES LS. 6622 LICENSE EXPIRES 12 3i-03 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT MID LOCAL ORDINANCE AT THE REQUEST OF COMMUNITY DEVELOPMENT COMMISSION, CITY OF NATIONAL CRY ON JANUARY 8, 2003, AND ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS SHOWN HEREON, AND I WILL SET ALL OTHER MONUMENTS OF CHARACTER AND AT THE POSITIONS INDICATED BY. THE LEGEND IN THIS MAP WITHIN 30 DAYS AFTER COMPLETION OF THE REQUIRED IMPROVEMENTS AND ALL SUCH MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED (SEE LEGEND ON SHEET No. 2). I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ATE CITY ENGINEER'S CERTIFICATE I, BURTON S. MYERS, CITY ENGINEER OF THE CITY OF NATIONAL CITY HEREBY STATE THAT THIS MAP DOES NOT APPEAR TO BE A MAP OF A MAJOR SUBDMSION FOR WHICH A FINAL MAP IS REQUIRED PURSUANT TO SECTION 66426 OF THE SUBDMSION MAP ACT. I FURTHER STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE TENTATIVE PARCEL MAP, AND ANY APPROVED ALTERATIONS THEREOF, THIS MAP CONFORMS WITH THE REQUIREMENTS OF THE SUBDMSION MAP ACT AND LOCAL ORDINANCES APPUCABLE AT THE TIME OF APPROVAL AT THE TIME OF APPROVAL OF THE TENTATIVE FLAP. THIS MAP WAS EXAMINED BY ME OR UNDER MY DIRECT SUPERVISION MID I AM SATISFIED THAT IT IS TECHNICALLY CORRECT. RYIM�+�^�xA BURTON S. MYERS BEE. CITY ENGINEER R.C.E. 24928 EXPIRES: 03-31-05 DATE. $/t'z/e3 RECORDER'S STATEMENT FILE NO. FILED THIS_DAY OF 2003 AT M. IN BOOK OF PARCEL MAPS AT PAGE AT THE REQUEST OF THOMAS A JONES. GREGORY J. SMITH COUNTY RECORDER FEES: $12.00 BY: DEPUTY COUNTY RECORDER LC. 182-1731 CASE FILE No. LS-2001-2 15 14 1I13 BUOCI 8 NATIONAL CITY 12_. I I ivaP 13 481 819 10 PEL. 1 P.M. 18733 W^ NATIONAL CITY - N IT«36' W 33022' I 1 L •T 1 14 SECT. 1 MAP NO. I6 BLOCK I W.C. I JMMBAP 1 SNSU8 I'/ISI N 1 2 3 8 9 10 BOULEVARD (ROOM AVENUE PER REC. R-1) N)T«,T WT ( 17«YT Y) N IT443s' W 330.22' (33023 PER REC. R-3) —�` (33024' PER ISO R-I) — Imo- — T _0 2,,2 21 20 19 18 17 N 11NNA1 CITY A4' N '. 348 16 1121314S6 7 wCI 411135 9 910.9 00ND 2.5' B06 DISC N WEIL PER R.05. 14492 (PONT Na 1230 N*1,826,55232 C COWARD) SCALE FACTTH 1.R 0023/ 22 21 20 15 N 174435' W N 1744'36' W 14 13 800.45' 550.45' 314.17 NATIONAL CITY MA,' N•. 3 8 23 ............ SETT" 24 260.20 25025 s ® -- N IT45'DO' W 29020' 2f425' 3 Ti 7444'42' W 290.25 N 1T45'02' W 33020' N 17«'4Y Wes_ _ 330.25' m� '� f`1-- i. _ — — — '--{C- — .y — — — — — N 1T45.02- W 33021' (N 174451" W 1,33023' fmN� 9�4) �-...- " \ N IT«'42' W 3M124' (N 17«'51' W $ I30Z1' PEA RFL. R-,) -� f �� AVENUE l�T AWXLE PFR PEC R-I) ? MAP NO. 343 ty>,4 (N 1T«'04' W PER RED. R-2)____ _ROOSEVELT BLOCK 55 '94. BLOCK 56----- --- - N m37'23•W BLOCK MAP CK 5 �, BASIS OF BEARINGS PER R.O.S. 44492 —�_- - NMAP NO. CAT 48 MAP 348 -� --- Z ce ' FOUND 2.5' MIP.S DSC DI um. WELL PER R.0.5. 1,492 Z (POINT NO. 1232) N 14=1,824,035.47 E=6296,13209 DUBBED SCALE FACTOR 1.00002 RECORD REFERENCE LEGEND (NEC PER R-1) INDICATES RECORD PER MAP NO. 348. (REC PER R-2) INDICATES RECORD PER RECORD OF SURVEY NO. 10378. (REC PER R-3) INDICATES RECORD PER RECORD OF SURVEY N0. 13498. (REC PER R-4) INDICATES M DRAWING PER CITY OF4NATIONAL CITY HORIZONTAL CONTROL MONUMENTATION LEGEND ® INDICATES FOUND LEAD AND DISC STAMPED RCE 26112 PER RECORD OF SURVEY MAP NO. (0378. () INDICATES FOUND LEAD AND DISC STAMPED PEE 5195, NO RECORD. © INDICATES FOUND LEAD AND DISC STAMPED RCE 19073, NO RECORD. 004 ONL FILE L\ PROJECTS \030J\ENG2\PARCCOAAPS\PM-2 DWG 4 15 14 13 NOTE: EASEMENT FOR PUBLIC S, INGRESS AND GAS AND TO SANG DIEGO GAS AND ELECTRIC COMPANY P00003-0D539OFFEOFFlCIAL. 2RECORDS3 .0 FILE NO. PARCEL NAP Lo-r 2 14 SEC. 11541 MAP NO, 1601 BLOCK I U W C. 11MBALLS SUBDI ISION 2 S MAP NO. 105 8 9 10 \0. SHEET 2 OF 3 SHEETS BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE NOD 83. ZONE 6 GRID BEARING BETWEEN CITY OF SUN DIEGO CONTROL STATIONS 1232 AND 1230 PER RECORD OF SURVEY MAP NO. 14492 I.E. N 10137'23' W THE DISTANCE COMBINED= ROUND DISTANCEALE FA.CTOR AT STATION 1230 IS 0 COMBINED SCALE FACTOR.0GRID THE GRID CONVERGENCE AT STATION 1230 IS-0028'17.332" QUOTED REARIN S FROM EREFERENCE MAPS OR OEEDS MAY OR MAY NOT BE IN SAID LEGEND O INDICATES SET 3/4' IRON PIPE, 18' IN LENGTH, WITH DISC STAMPED LS. 6622. ❑ INDICATES SET LEAD WIM DISC STAMPED LS. 6622 AT PARCEL CORNER. A INDICATES SET LEAD WITH DISC STAMPED LS. 6622 AT A 5.00' OFFSET. Qo INDICATES SET LEAD WTD1 DISC STAMPED LS. 6622 AT A BOO' OFFSET. • INDICATES FOUND MONUMENT AS NOTED PER MONUMENTATION LEGEND ON THIS SHEET. OF NATIONAL CITY • INDICATES FOUND STREET SURVEY DRAININGMONUMENT 45-R ClCITYCONTROLUM, NO. 4544 H UNLESS NOTED OTHERWISE. ( ) INDICATES RECORD PER RECORD RESIDENCE LEGEND ON THIS SHEET. PARCEL MAP BOUNDARY NOTES TOTAL NUMBER OF PARCELS = 4 TOTAL GROSS TOTAL NET AREA 3 3.33CRES (1451613 ACRES 1.7 49SO.FT.)FT) CURVETABLE C1 89'5013 10 C2 9000'53 ARC LENDTH i000 15.71' 15.7i C3 891907' 10 CIO 15.71' C4 9R0027 10.00' 15.71' EASEMENTS TO BE QUITCLAIMED 1' N O'(NAL CRY ENT FOR PDEED RECORDED IAN TO CRY OF OCTOBER 9. 1919 AS DOC. NO. 20009 IN BOOK 798, PAGE 27 OF DEEDS. 2. EASEMENT FOR RIGHT-OF-WAY TO T.C. MAC AULAY AND MARGARET S. MAC AULAY PER DEED RECORDED JUNE B.-1927 AS DOC. NO. 33912 IN BOOK 1369 PAGE 62 OF DEEDS. 3. SEWERRECORDED OF N4TINN.CRY PER E PAGE95OF AUGUST 1919 AS OF DOC. NO. 15850 IN BOOK 792 4. EASEMENTOF �NCPERDEED RECORDED AUGUST 1, 1419 AS DEEDS.. NO. 16821 IN BOOK PAGE792 5 EASEMENT WIRES DIEGO COMPANY PER DEED RECORDED JULY6GAS , ELECTRIC1937 IN BOOK 671 PAGE 127 OF OFFICIAL RECORDS. 6. COMPANY PEUR GAS UNE TO SAN R DEED RECORDED JULY DIEGO6, 19376INEBOOKIC 661 PAGE 419 OF OFFICIAL RECORDS (NO WIDTH SET FORTH IN OEEO). L.C. 182-1731 CASE FILE No. LS-2001-2 P CL. 1 PM. 18733 LOT 1 14 SEl 1b4 MAP NO. 16 BLOCK I W C. 1 IMBAL LS SUBDI 1S15N MAP NO. 105 2 3 S 9 NATIONAL CITY �- N 1T44'Si W 33022' _I -'tiW-1.11114. xITiSH'N �l2T •y?� C2 PARCEL 1 N 62' 0.52 HET ea5�\ Z N 0 PARCEL MAP NO. 1 LOT 2 14 SEL. 11541 MAP NO. 16 BLOCK 1 W C. 1{IMBAL LS SUBDI /151 N MAP NO. 105 1 2 3 S 9 10 BOULEVARD (NA1pt19L AVENUE PER REC. -I) (N 6T44'47 6) 1T44'36' W 330.22• (33024' PER 5.0 R-3) --� .. — ' N 1744'36' W 660A5'. N 1744'36' W 580.45' N 1T44'36' Cl 1T45Y5 9S101I 152.20 - --\ /-`-" �2R00 28025' 28020 J 24129' J` ® N 1705'02' W 29020' - A 28025' N 1M4'd2' W 29025' H 1T45'02' W 330.Z0' -4 -- N 1T444T W - ��• -'��- — - - H 1TM'42' W 33024' (N ,T44'51' W a 330.23' PER REC. R-4)--��✓�. �� N IT45'02' W 339.21' (N 1T4 .20_1 (N ITM'Of• W PER REC. R-2) p LT = AVENUE (RRS AW 4 E XR �6. R-1) \ 00SC6W1m348R � �i • AP NO 55 z4 MSS MSC lx Na BLOCK 56 1637'zs ^ W6R48• MAT N0. ,,4E Z\ RO.S. 14492 CO' �, BASIS OF EA%tIN6S PER R.0.5. 14492 1 NO. 1230) 3 N 1T 6j6' N 7214'31' E 18.00' 8200' PARCELE4 SEE DETNL WA" N 2T15W E �8.83 ry=911�$6 E 400.98 314.17' PARCEL 2 0.^9 NET ACRE N 1744'35' W 292.45' 25145' (N 1TN47 W) (33023' PER REC. R-3) -fti N 72.1 '31' E 4.C7 17121.0W 39.00' N 1744'36' W z PARCEL 3 I= 0.60 NET ACRE ""I PER WELL 5.11,626,652.32 E=6,297,641.87 COMBINED SCALE FAC70R 22 21 20 DBryo NATIONAL I MAP NO. 3 1.D000p37 3D5 DWG !IL vrzaECTSNO204\LNGF\PAR0EIMAPS\FM -3 DWG 15 14 13 ® .9.L45.1 w - Z LJ z� HEREON 3.1 FOUND 25' BRASS DEC II MON. WELL PER R.OS. 14492 (PONT N0. 1232) N=182483567 E.6.298.132.69 CONNED SCALE FACTOR 1'0000255 N 6214'35' 2.00 PARCEL 1 SHEET 3 OF 3 SHEETS N 2 81124' E N 4611'S6' E 9 PARCEL 2 2 DN O SCALE L.C. 182-1731 CASE FILE NA. LS-2001-2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE SECOND AMENDMENT TO THE AGREEMENT TO THE AGREEMENT WITH RODGERS POLICE PATROL, INC. TO PROVIDE PARK SECURITY AT KIMBALL PARK, LAS PALMAS PARK AND EL TOYON PARK. PREPARED BY DEPARTMENT MIGUEL DIAZ PARKS & RECREATION EXPLANATION THE CURRENT CONTRACT WITH RODGERS POLICE PATROL, INC. EXPIRES ON AUGUST 31, 2003. WE ARE REVIEWING THE SECURITY PROGRAM NEEDS IN THE PARK AT THIS TIME. A REPORT ON THE SECURITY PROGRAM TO THE COUNCIL IS FORTH COMING. WE ARE WAITING ON INFORMATION TO COMPLETE THE REPORT. RODGERS POLICE PATROL, INC. HAS AGREED TO EXTEND THE CURRENT CONTRACT WITH THE CITY OF NATIONAL CITY FOR A PERIOD OF 60 DAYS WHILE WE REVIEW THE SECURITY PROGRAM. THIS WILL ALLOW THE CITY TO CONTINUE PARK SECURITY SERVICE BETWEEN SEPTEMBER 1, 2003 THROUGH OCTOBER 31, 2003. SERVICES WILL CONTINUE NIGHTLY PATROLS OF OUR (3) MAJOR PARKS. THIS WILL ALLOW THE CITY TO REVIEW THE SECURITY PROGRAM FOR THE PARKS. THE COST FOR EXTENDING THE 60 DAYS WILL REMAIN THE SAME AS OUR EXISTING CONTRACT RATE $375.00 PER MONTH, PER SITE FOR THE TOTAL OF $2,250.00. I - Environmental Review NIA (-Financial Statement FUNDS AVAILABLE IN ACCT. #105-442-000-299-0000 Approved By. Finance Director Account No. STAFF RECOMMENDATION RECOMMEND APPROVAL BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) CONTACT AMENDMENT Resolution No. 2003-124 A-200 l9 99) RESOLUTION NO. 2003 — 124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH RODGERS POLICE PATROL, INC. TO PROVIDE PARK SECURITY SERVICES AT KIMBALL PARK, LAS PALMAS PARK AND EL TOYON PARK WHEREAS, on August 21, 2001, the City Council adopted Resolution No. 2001-121 authorizing the Mayor to execute an agreement with Rodgers Police Patrol, Inc. to provide park security services at Kimball Park, Las Palmas Park and El Toyon Park from September 1, 2001 to August 31, 2002; and WHEREAS, Resolution 2002-115, adopted on August 6, 2002, authorized an amendment to the Agreement to extend the term from September 1, 2002 to August 31, 2003; and WHEREAS, the Park and Recreation Department desires to continue park security services with security patrols of Kimball Park, Las Palmas Park and El Toyon Park beginning September 1, 2003, and expiring October 31, 2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is authorized to execute a second amendment to the agreement between the City of National City and Rodgers Police Patrol, Inc. to provide park security services to Kimball Park, Las Palmas Park and El Toyon Park from September 1, 2003 to October 31, 2003. Said Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 2"`r day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND RODGERS POLICE PATROL, INC. This Second Amendment to Agreement is entered into this 2"d day of September, 2003, by and between the City of National City ("CITY") and Rodgers Police Patrol, Inc. ("CONTRACTOR"). RECITALS A. WHEREAS, on September 1, 2001, CITY and CONTRACTOR entered into an agreement entitled "Agreement by and between the City of National City and Rodgers Police Patrol, Inc." for park security services to Kimball Park, Las Palmas Park and El Toyon Park; and B. WHEREAS, said Agreement was subsequently amended on August 6, 2002, to extent the term of the Agreement. C. WHEREAS, the CITY and CONTRACTOR desire to amend the Agreement to extend the services for two (2) months at the current estimated cost to the CITY; and NOW, THEREFORE, said Agreement is hereby amended by adding Section 24 to read as follows: "24. PERIOD The term of the Agreement is hereby extended for two (2) months, from September 1, 2003 to and including October 31, 2003." Except as otherwise provided herein, all of the provisions of the Agreement for park security services to Kimball Park, Las Palmas Park and El Toyon Park, dated September 1, 2001, and amended on August 6, 2002, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first herein set forth. -- Signature Page to Follow -- Second Amendment Rodgers Police Patrol, Inc. Page Two CITY OF NATIONAL CITY RODGERS POLICE PATROL, INC. (two signatures required) By: By: NICK INZUNZA, Mayor Title: By: Title: QPfa APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 9 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE ABANDONMENT OF A SEWER EASEMENT AND ACCEPTANCE OF AN ACCESS EASEMENT AT NORTHEAST CORNER OF 30TH AND "A" AVENUE AND DIRECTING THE RECORDING THEREOF PREPARED BY Adam J. Landa DEPARTMENT Engineering 336-4394 EXPLANATION Mr. David S. Guaderrama, the owner of 101 E. 30th Street, is attempting to develop a condominium project at this site. There is an existing sewer easement within the area of the proposed condominium building, which would need to be vacated (See Exhibit "B" of plat for Sewer Vacation). The existing sewer main has been abandoned and a new sewer main has been built on "A" Avenue and 29th Street. 29th Street west of "A" Avenue has been vacated therefore the only access for maintenance of the sewer main is through the existing sewereasement. The existing sewer easement could be abandoned through a Quitclaim Deed and a new access easement relocated outside of the proposed building site could be granted (See Exhibit "B" of Sewer Access and Maintenance Easement). Mr. Guaderrama has granted a new Sewer Access and Maintenance Easement, therefore the City can sign the Quitclaim Deed. Environmental Review � N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the abandonment of existing Se er Easement and accept the new Sewer Access and Maintenance Easement. '1, BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Easement and Quitclaim Deed 3. Sewer Access and Maintenance Easement Resolution No. 2003-125 A-200 L999� Access RESOLUTION NO. 2003 —125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED FOR THE ABANDONMENT OF A SEWER EASEMENT, AND ACCEPTING A SEWER ACCESS AND MAINTENANCE EASEMENT FOR THE PARCEL LOCATED AT THE NORTHEAST CORNER OF 30TH STREET AND "A" AVENUE AND DIRECTING THE RECORDING THEREOF WHEREAS, David S. Guaderrama, owner of 101 East 30th Street, has requested the abandonment of a sewer easement, and has granted a sewer access and maintenance easement to the City for the construction of a new condominium project on the parcel located at the northeast corner of 30th Street and "A" Avenue; and WHEREAS, the existing sewer main has been abandoned and a new sewer main has been built on "A" Avenue and 29th Street; and WHEREAS, the existing sewer easement should be abandoned and a new sewer access and maintenance easement relocated outside the proposed project site. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a quitclaim deed for the abandonment of a sewer easement as shown on the attached Exhibit "A". BE IT FURTHER RESOLVED that the City Council hereby accepts a sewer access and maintenance easement, granted by instrument dated August 5, 2003, and as shown on the attached Exhibit "B", and hereby directs the City Clerk to record the same. PASSED and ADOPTED this 2nd day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney EXHIBIT 'A' LEGAL DESCRIPTIONS A STRIP OF LAND 10.00 FEET IN WIDTH OVER, UNDER AND ACROSS ALL THAT PORTION OF BLOCK 2 AND 29TH STREET IN BUDD VILLA TRACT, IN THE CITY OF NATIONAL CITY, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1067, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1907, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF 10 ACRE LOT 6, QUARTER SECTION 152, RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NO. 166 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869, 5.0 FEET NORTHERLY OF THE SOUTHWESTERLY CORNER THEREOF; THENCE PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 6, NORTH 70°57'39" EAST, 235.64 FEET; THENCE NORTH 54°00'39" EAST, 218.80 FEET TO A POINT ON THE NORTHERLY LINE OF RIGHT-OF-WAY FOR 30TH STREET ACCORDING TO FILE NO. 168030 AND 168031 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 27, 1967 AND ACCORDING TO RECORD OF SURVEY NO. 11931 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 88-592484, NOVEMBER 17, 1988, SAll) POINT BEARS SOUTH 78°13'17" WEST, 219.89 FEET FROM THE INTERSECTION OF SAID NORTHERLY LINE OF RIGHT-OF-WAY FOR 30TH STREET AND THE CENTER LINE OF "B" STREET ACCORDING TO SAID MAP NO. 1067, BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 54°00'39" EAST, 57.14 FEET; THENCE NORTH 21°56'39" EAST, 143.81 FEET; THENCE NORTH 8°00'21" WEST; 113.75 FEET TO A POINT ON A LINE PARALLEL WITH AND 25.00 FEET SOUTHERLY AT RIGHT ANGLES OF THE CENTER LINE OF SAID 29TH STREET. THE SIDE LINES OF SAID 10-FEET WIDE LAND ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE NORTHERLY LINE OF SAID 30TH STREET RIGHT-OF-WAY AND TO TERMINATE ON THE LINE PARALLEL WITH AND 25.00 FEET SOUTHERLY OF SAID 29TH STREET. TOTAL AREA IS 3,147 SQUARE FEET, MORE OR LESS. PREPARED BY: I- 3- 173 WILLIAM YEN, RCE 33730 OQckpF ES: iot. i(�,L2\NPM C. tJ NO 33730 b�`� EXP. 6-34 4 6)7. tv1 ° ..k' OF CAit Q EXHIBIT 'B' PLAT FOR SEWER EASEMENT VACATION 29th STREET (STREET CLOSED) N70°54'58"E 163.25' N70'54'58"E 138.53' V DD#2 PORTION OF DD#1 VACATED -� HEREON POR &ILK 2 cip c R=20.00' ti� A=82°48'38" T.P.O.B L=28.91' / L1 " - - SW CORNER OF LOT 6, QUARTER SECTION 152, --P MAP 166 EXISTING EASEMENTS: J 5' 219.89' N78°13'17"E 286.28' 30th STREET DD#1: EASEMENT FOR SEWER PURPOSES TO CITY OF NATIONAL CITY PER INST. # 75-054059 O.R. REC. 3-11-1975 DD#2: EASEMENT FOR SEWER PURPOSES TO CITY OF NATIONAL CITY PER INST. # 88-567855 O.R. REC. 11-4-1988 LINE DATA: 1p, L1: N54°00'39"E 57.14' L2: N8'00'21 "W 113.75' L3: N 19°05'02"W 40.00' Al: N70'57'39"E 235.64' A2: N54°00'39"E 218.80' A3: N19'02'21"W 5.00' 29th STREET —ti N18'56'52'W 289.70' OF CLOSED "B" STREET QOFESS%O, • \PM C. O NO 33730 cc EXP.6-30-2006 sr� Ply V`r O cAUFO� 7-3-03 RECORDING REQUESTED BY: CITY OF NATIONAL CITY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENT TO fla0>v-b s . C-,a0, iGl r• Z 30 .`' S i i Srar e- D GRANT OF SEWER LINE ACCESS EASEMENT Title No. N/A Escrow No. N/A APN 362-180-31 THE UNDERSIGNED GRANTORS DECLARE DOCUMENTARY TRANSFER TAX IS $0.00 CITY TAX $0.00 ❑ Computed on full value of property conveyed, or ❑ Computed on full value less value of liens or encumbrances remaining at time of sale, ❑ Unincorporated area; O City of National City, and FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, David S. Guaderrama and Sophia Guaderrama (hereinafter "GRANTORS") hereby GRANT to City of National City (hereafter "GRANTEE"), its successors or assigns, upon, over and across the following described real property in the County of San Diego, State of California: SEWER ACCESS AND MAINTENANCE EASEMENT WITHIN BLOCK 2 AND "A" AVENUE AND 29TH STREET IN BUDD VILLA TRACT ACCORDING TO MAP 1067, AND AS SHOWN ON EXHIBIT 'A' AND 'B' ATTACHED HERETO Dated L jX 'C 1.) 7� STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } S.S. David S. Guaderrama &Guadrrama On before me, (here insert name and title of the office), personally appeared personally know to me (or proved to me on the basis of satisfactory evidence) to be the person(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 persons(s) acted, executed the instrument. WITNESS my hand and official seal Signature Type of Document: ' ,4MT 6f fi-zuek Date of Document: —30-03 State of California County of -fly U (E% 6 On 1 `.��U` 03 , S.S. before me, v ,Wi fsox) , a Notary Public in and for the State of California, personally appeared D9///.6 5 . 67/i1/4 DER'9 '4 4Ni) {'11//h' .111015ve24vi1 personally known to me ( ) to be the person)whose namit4ii subscribed to the within instrument and ack owledged to me that-hi/We i executed the same. in bls/tr authorized capacity es , and that by hiS/t r hei ignatur@as on the instrument the person(), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature FCn NOTARY STAMP A. ROBISON Comm #1238020 j NOTARY PUBLIC-CALIFORNIA 1! San Diego County. !Ay Comm. Expires Oct. 15,2003 .. a iu State of omia County of S.S. On before me, , a Notary Public in and for the State of California, pe nally appeared personally known to me (or proved to me on the basis subscribed to the within instrument and acknowledg authorized capacity(ies), and that by his/her/their signature(s) of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature satisfactory evidence) to be the person(s) whose name(s) is/are me that he/she/they executed the same in his/her/their the instrument the person(s), or the entity upon behalf FOR NOTARY STAMP EXHIBIT 'A' LEGAL DESCRIPTIONS EASEMENT FOR SEWER LINE ACCESS AND MAINTENANCE A STRIP OF LAND 15.00 FEET IN WIDTH OVER, UNDER AND ACROSS ALL THAT PORTION OF BLOCK 2 AND "A" AVENUE AND 29TH STREET IN BUDD VILLA TRACT, IN THE CITY OF NATIONAL CITY, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1067, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19, 1907, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID BLOCK 2, SOUTH 70°54'58" WEST, 10.00 FEET TO A POINT ON A LINE WHICH IS 30.00 FEET EAST, MEASURING AT RIGHT ANGLES, OF THE CENTERLINE OF SAID "A" AVENUE; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY, MEASURING AT RIGHT ANGLES, OF THE CENTER LINE OF SAID "A" AVENUE, SOUTH 18°59'12" EAST, 167.64 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78°13'17" EAST, 126.97 FEET TO THE POINT OF TANGENCY OF A 40.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THE CENTER OF WHICH BEARS NORTH 11°46'43" WEST, 40.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID 40.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 97°18'19", A DISTANCE OF 67.93 FEET TO A POINT OF TANGENCY IN THE EASTERLY LINE OF THE WESTERLY 532.50 FEET OF 10 ACRE LOT 6, RANCHO DE LA NACION, ACCORDING TO MAP THERE OF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869; THENCE ALONG THE EASTERLY LINE OF THE WESTERLY 530.00 OF SAID 10 ACRE LOT 6, NORTH 19°05'02" WEST, 159.11 FEET TO A POINT ON A LINE PARALLEL WITH AND 25.00 FEET SOUTHERLY, MEASURING AT RIGHT ANGLES, OF THE CENTER LINE OF SAID 29TH STREET. THE SIDE LINES OF SAID 15-FEET WIDE LAND ARE TO BE EXTENDED OR SHORTENED TO TERMINATE ON THE LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF SAID "A" AVENUE AND TO TERMINATE ON THE LINE PARALLEL WITH AND 25.00 FEET SOUTHERLY OF SAID 29TH STREET. TOTAL AREA IS 5,310 SQUARE FEET, MORE OR LESS. PREPARED BY: WILLIAM . YEN, RCE 33730 W'LY LINE OF EXHIBIT 'Be PLAT FOR SEWER ACCESS & MAINTENANCE EASEMENT // 30' i 29th STREET (STREET CLOSED) N'LY COR. BLK2, MAP 1067 R=20.00 L =82'48'38" L=28.91' N70'54'58"E 163.25' -10.00' 532.5' 2 PD'R _B I\ !MAP 10 87 T.P.O.B. sti,Rs°.s4 `,1! -1°4 1 _ \'A t+NE _DATA: ir) L1: N78'13'17"E 126.97' L2: N19'05'02"W 40.00' EXISTING EASEMENT: N70'54'58"E 138.53' i i ,SEWER ACCES MAINTENANCE EASEMENT DEDICATED HE L =97'18'19" L=67.93' N78'13'17"E 286.28' 30th STREET DD#1: EASEMENT FOR SEWER PURPOSES TO CITY OF NATIONAL CITY PER INST. #88-567855 O.R. REC. 1 1-4-1988. z EON 29th STREET O n 0) co N N 18`56`52"W \-C.L. OF C RECORDING REQUESTED BY CITY OF NATIONAL CITY AND WHEN RECORDED MAIL DEED TO ANTS UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: Name: David S. Guaderrama Address. 101 E. 30th Street, Suite D City of State: National City, CA 91950 APN No. 562-180-31 SPACE ABOVE THIS LINE POR RECORDER'S USE QUITCLAIM DEED OF EASEMENT Title No. N/A Escrow No. N/A THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS $ 0.00 CITY TAX $ 0.00 [ ] Computed on full value of property conveyed, or [ ] Computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated area: [X] City of National City , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of National City, a Municipal Corporation hereby, REMISE, RELEASE AND FOREVER QUITCLAIM to any and all person(s) or entity(ies) having a legal or equitable interest in the hereinafter described real property all right, title, interest and claims to the following described real property: SEWER EASEMENT WITHIN BLOCK 2 AND 29TH STREET, IN BUDD VILLA TRACT, ACCORDING TO MAP 1067, AND AS SHOWN ON EXHIBIT "A" AND "B" ATTACHED HERETO. County of San Diego, State of California Dated Nick Inzunza, Mayor State of California County of } } SS. On before me, {here insert name) Notary Public, personally appeared , personally known to me (ot proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrucment 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 hand and official seal. Signature Affix seal within border MAIL TAX STATEMENTS AS DIRECTED ABOVE adam/WAL City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 10 (ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A RENEWAL OF GOVERNMENT LICENSE FOR THE NON- EXCLUSIVE USE OF PROPERTY BETWEEN 8TH STREET TROLLEY STATION AND HARBOR DRIVE AT THE NAVAL BASE SAN DIEGO PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION Government License N6871192RP2P28 authorizes the City the non-exclusive use of property between 8th Street Trolley Station and Harbor Drive at the Naval Base San Diego. The Navy property is being used for a bus stop and landscaping. The Government License will expire on August 31, 2003. The new extension will extend the non- exclusive use of the property to August 31, 2008. CEnvironmental Review X N/A • Financial Statement N/A STAFF RECOMMENDATION Approve the Resolution,-. BOARD / COMM! N/A ON RECOMMENDATION ATTACHMENTS t Listed Below i 1. Letters 2. Modification of Contract Approved By: Finance Director Account No. Resolution No. 2003-126 A-200 Ai 9'2'. RESOLUTION NO. 2003 — 126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE MODIFICATION NO. 3 TO GOVERNMENT LICENSE N6871192RP02P28 AUTHORIZING THE CITY THE NON-EXCLUSIVE USE OF APPROXIMATELY 0.1 ACRES OF LAND ON THE NORTH SIDE OF 8th STREET BETWEEN HARBOR DRIVE AND THE TROLLEY TRACKS WHEREAS, on November 20, 1991, the City entered into a five-year term license agreement (November 1, 1991-October 31, 1996) with the Department of the Navy for the non-exclusive use of a 10-foot wide strip of land (approximately 0.1 acres) on the north side of 8th Street between Harbor Drive and the trolley tracks for a bus stop and landscaping purposes; and WHEREAS, in October 1996 the City signed Modification No. 1 to the license agreement for the continued non-exclusive use of the property for an indefinite term, beginning November 1, 1996; and WHEREAS, the Department of the Navy subsequently revised its policy regarding indefinite term agreements and authorized only five-year term agreements which required the execution of Modification No. 2 on October 6, 1998, to change the term of the license agreement to five years (September 1, 1998 to August 31, 2003); and WHEREAS, the City desires to renew the subject license to allow the continued use of the United States Government owned property for a bus stop and landscaping. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute Modification No. 3 to Government License N6871192RP02P28 with the Department of the Navy, authorizing the City the non-exclusive use of approximately 0.1 acres of land on the north side of 8th Street between Harbor Drive and the trolley tracks through August 31, 2008. Said document is on file in the office of the City Clerk. PASSED and ADOPTED this 2"d day of September, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk 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 March 11, 2003 Ms. Karen P. Ringel Real Estate Contracting Officer Department of the Navy Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132-5190 Subject: Government License N6871192RP02P28 Dear Ms. Ringel: This letter is in reference to your letter that we received on February 20, 2003 regarding the renewal of Government License N6871192RP02P28, which authorizes the City of National City the non-exclusive use of property between 8th Street trolley station and Harbor Drive at the Naval Base San Diego. This letter constitutes formal notice that the City of National City desires to renew the subject license to allow its continued use of Navy property for a bus stop and landscaping. My staff and I look forward to working with you on this license renewal. Please contact Rhonda Darling at (619) 336-4582. Sincerely, Burton S. Myers Director of Public Works/City Engineer Recycled Piper DEPARTMENT OF THE NAVY SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND 1220 PACIFIC HIGHWAY SAN DIEGO, CA 92132 - 5190 11011 Ser 5GRM.TR/1018 AUG 1 3 Al Mr. Burton S. Myers Director of Public Works/City Engineer 1243 National City Blvd. National City, CA 91950 tt' Dear Mr. Myers: Enclosed are three copies of proposed Modification Three to U.S. Government License N6871192RP02P28, which authorizes the City of National City the non- exclusive use of property between 8�' Street trolley station and Harbor Drive at the Naval Base San Diego. Please have an authorized representative sign, date, and return all three copies of the proposed modification. A fully executed duplicate original will be returned for your records. If you have any questions, please contact Ms. Teresa Rios, Realty Specialist, at (619) 532-3455. Sincerely, CHAEL J. RIDGEN eal•Estate Coontracting Officer By direction of the Commander Enclosure: 1. Proposed Modification Three to License N6871192RP02P28 (3 copies) C) C c.o co AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE N6871192RP02P28 PAGE OF PAGES 1 1 1 2. AMENDMENT/MODIFICATION NO. THREE (3) 3. EFFECTIVE DATE 1 SEPTEMBER 2003 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable) 'SUED BY CODE SGRM.TR SOUTHWEST DIVISION NAVAL FACILITIES ENGINEERING COMMAND REAL ESTATE DEPARTMENT, CODE SGRM 1220 PACIFIC HIGHWAY SAN DIEGO, CA 92132-5187 7. ADMINISTERED BY (Bother than Item 6) CODE 8. NAME AND ADDRESS OF CONTRACTOR (No., sheet county, State and ZIP Code) CITY OF NATIONAL CITY 1234 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 EXPIRES: 31 AUGUST 2008 9A. AMENDMENT OF SOLICITATION NO. 98. DATED (SEE ITEM 11) 10A. MODIFICATION OF CONTRACT/ORDER NO. N6871192RP02P28 1013. DATED (SEE ITEM 13) CODE NAVSTA, SD FACILITY CODE N00245 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ❑ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, 0 is not extended. Offers must acknowledge��receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: submitted orefcl--Bt sepa8raatletter and returningleartc includes atreframendmentf the solicitationwand-amendmenof numberrss. FAILURE OF YOUR of the offer MAY RESULT INEREJECTION RECEIVED F YOUR OFFER.If by vi tue of this DESIGNATED you THE to change an otter alrPeady submitted soh change may be SPECIFIED telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIED THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDERED IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: XX D. OTHER (Specify type of modification and authority) BY MUTUAL AGREEMENT OF BOTH PARTIES E. IMPORTANT: Contractor ❑ is not, a is required to sign this document and return 3 copies to the issuing office. 14. DESCRIPTION OF AMEN DMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible) THE INTENT OF THIS MODIFICATION IS TO MAKE THE FOLLOWING CHANGE: 1) ARTICLE 2, OF THE LICENSE IS HEREBY AMENDED BY DELETING THEREFROM THE DATE "31 AUGUST 2003" AND INSERTING IN PLACE THEREOF THE DATE "31 AUGUST 2008". ALL OTHER TERMS AND CONDITIONS TO REMAIN UNCHANGED. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) MICHAEL J. FRIDGEN REAL ESTATE CONTRACTING OFFICER 5B. CONTRACTOR/OFFEROR BY 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA BY 16C. DATE SIGNED (Signature of Person Authorized to Sign) (Signature of Contracting Officer) STANDARD FORM 30 (REV. 10-83) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 11 (-ITEM TITLE RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE. (APPLICANT: CINGULAR WIRELESS) (CASE FILE NO. CUP- 2003-4) PREPARED BY Roger Post (336-4310) DEPARTMENT Planning EXPLANATION The Council voted to approve this item at the August 19, 2003 meeting. The attached resolution is necessary to follow through on the action. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No, ATTACHMENTS ( Listed Below l fesolutjpn Resolution A-200 (9i99) RESOLUTION NO: 2003 —127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON TOP OF AN OFFICE BUILDING AT 2005 HIGHLAND AVENUE APPLICANT: CINGULAR WIRELESS. CASE FILE NO. CUP-2003-4 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a wireless communications facility on top of an office building at 2005 Highland Avenue at the regularly scheduled City Council meeting of August 19, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-4 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on August 19, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 9,000 square foot office building has' sufficient roof area to accommodate the proposed 196 square foot 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 Highland Avenue, an arterial street with adequate capacity to handle the additional 1-2 vehicle trips per month generated by the unmanned wireless facility. 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 addition will appear similar to the existing building and be designed to completely screen the wireless antennas. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Cingular Wireless communications network, resulting in enhanced service for its customers. Resolution No. 2003 —127 September 2, 2003 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a wireless communications facility at 2005 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. CUP-2003-4, dated 5/15/03. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. 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. 3. Building plans shall show the enclosure completely screening the antennas, including any GPS antennas, and with an exterior and roof matching the office building. 4. Building plans shall show the roof access ladder being secure from unauthorized use. 5. No signage shall be placed on the roof enclosure. 6. All exposed conduit, cables, etc. from the facility shall be painted to match the building, located as needed to minimize its visibility. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 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 Califomia Title 24 energy and handicapped regulations. 9. The deteriorated portions of the street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 10. A permit shall be obtained from the Engineering Department for all work performed within the Public Right -of -Way. 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Resolution No. 2003 — 127 September 2, 2003 Page Three Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 2nd day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 7) a., George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE September 02, 2003 AGENDA ITEM NO. 12 / ITEM TITLE WARRANT REGISTER #08 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #08 per Government Section Code 37208. 9 ( Environmental Review Financial Statement Not applicable. N/A Approved By: Finance Direc o Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,585,818.80. BOARD / COMMISSION ECOM EN ATION P - ATTACHMENTS ( Listed Below Resolution No. 1. Warrant Register #08 2. Workers Comp Warrant Register dated 08/13/03 3. Payroll Warrant Register dated 08/13/03 A -too (9.99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 02, 2003 AGENDA ITEM NO. 13 (-ITEM TITLE WARRANT REGISTER #09 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #09 per Government Section Code 37208. Environmental Review N/A (.Financial Statement Not applicable. Approved By: Finance Direc Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 178,891.74. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below ) 1. Warrant Register #09 2. Workers Comp Warrant Register dated 08/20/03 2 A-200 (9 99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 14 (-ITEM TITLE CLAIM FOR DAMAGES: Antonio Martinez PREPARED BY Michael R. Dalla, CM ARTMENT City Clerk EXPLANATION The claim of Antonio Martinez arises from an occurrence on July 20, 2003 and was filed with the City Clerk's Office on July 31, 2003 Environmental Review X_X___ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No, A -zoo �9 99 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 2, 2003 (-ITEM TITLE A REQUEST TO SET A PUBLIC HEARING FOR THE REMOVAL OF COMMERCIAL PROPERTY FROM PARKING DISTRICT "A" LOCATED ON THE WEST SIDE OF "A" AVENUE BETWEEN 18TH STREET AND 20T" STREET AND THE EXPANSION OF THE DISTRICT ON 20T" STREET BETWEEN "A" AVENUE AND "D" AVENUE . (Public Hearing to be set for Sept. 16, 2003) PREPARED BY EXPLANATION Mr. John Ball is requesting that his commercial property on the west side of "A" Avenue between 18th and 22nd Streets be removed from the Residential Parking District "A". The residences located at 1922, 1928, and 2122 "A" Avenue will not be affected and will stay within the Parking District. The Council at their meeting on August 5, 2003 expressed an interest in expanding the District on 20th Street between "A" Avenue and "D" Avenue. It is requested that a Public Hearing be set for these two issues on September 16, 2003, at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. DEPARTMENT AGENDA ITEM NO. 15 Public Works/Engineering Adam Landa 336-4580 CEnvironmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Have a Public Hearing. i BOARD / COMMISSIx RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 1. Letter from Ball Automotive Group dated June 23, 2003 2. Location Map A-200 (9 991 June 23, 2003 Mr. Adam J. Landa City of National City Department of PublicWorks Dear Mr. Landa, • Automotive Group "ON THE MILE OF CARS" ACURA I am requesting that the curbside located on the west side of A Avenue located between 18th St. and 20th St. which is used by the Ball Automotive Group as vehicle storage lots should not be restricted to permit parking Also, the curbside on the west side of A Avenue between 21st St. and 22nd St. directly in front of the Ball Honda service facility should not be restricted to permit parking The properties fronting these curbs are used by Ball and therefore should not be restricted by permit parking I appreciate your efforts in assisting Mr. George Quinn in his efforts to correct the designation of the locations described above.. Thank you. Sincerely, John Ball President Ball Automotive Group -1935 National City Boulevard u National City, California 91950-5519 SIGN LOCATION MAP v v z 02:10A J.e:I=I]d co D r r D C IT :URRENTLY REQUIRES PERMIT PERMIT REQUIRED PEQUFST CHANGE ON SST SIDE TO NO PERMIT REQUIRED FROM 21ST TO 22ND ST ON "A" AVE A NO PERMIT REQUIRED 20TH TO 21ST ST. ON WF'ST SIDE OF "A" AVE NO SC4 S2=1V3 a3sn 11de WEST SIDE z 10 1VNOLL OF "A" AVE Avg. FITT CURRENTLY REQUIRES PERMIT REQUEST TO EXTEND NO PERMIT REQUIRED FROM HILLCREST MANOR TO END OF AT BALL PROPERTY ON WEST SIDE OF ON "A" AVE TO 20TH ST. 0 r n �o 0 co NO PERMITREQUIRED REAR OF HILLCREST MANOR "A" AVE ,MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 2, 2003 AGENDA ITEM NO. 16 (ITEM TITLE A REQUEST TO SET A PUBLIC HEARING FOR THE REMOVAL OF COMMERCIAL PROPERTY FROM PARKING DISTRICT "C" LOCATED ON THE WEST SIDE OF HOOVER AVENUE BETWEEN 8TH STREET AND 9TH STREET (Public Hearing to be set for Sept. 16, 2003) PREPARED BY EXPLANATION Mr. Robert Woods, from Sid's Carpet Barn, located at 132 W. 8th Street, is requesting that his commercial property on the west side of Hoover Avenue between 8th Street and 9th Street be removed from the Residential Parking District "C". The two existing dwellings have been removed from the lots and the area is now being used for employee parking. Since there are no longer residences on the property, the permit parking signs should be removed. There are no other residents on Hoover Avenue between 8th Street and 9th Street. Staff recommends that the Public Hearing be set for September 16, 2003 at 6:00 pm in the City Council Chambers. Notification will be given to the affected property owners and the Public Hearing will be noticed in accordance with law. DEPARTMENT Public Works/Engineering Adam Landa 336-4580 Environmental Review N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Have a Public Hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) 1. Letter 2. Location 3. Photos Resolution No. A-200 19 99• SID'S CARPET BARN, INC. CURTIS ALLAN FLOORCOVERING 132 W. 8TH STREET NATIONAL CITY, CA 91950 (619) 477-7000 FAX: (619) 477-6120 July 11, 2003 Public Works Director City of National City 1243 National City Boulevard National City, CA 91950 Dear Public Works Director: 0 ce The purpose of this letter is to request the removal of a `No Parking" sign located on the 800 the street from our business. block of Hoover Avenue, across The no parking sign states that only those vehicles with a "C" area permit are allowed to park on the street between the hours of 7:00 am to 7:00 pm, Monday through Friday. An inquiry to the Public Works Department has determined that the signs were originally place there for residents who lived in the houses that were 816 and 822 Hoover Avenue. Those houses have since been razed, and we combined the two lots and built an employee parking lot which was completed in December of 2000. As there are no more residential buildings in the 800 block of Hoover Avenue, we request that the Public Works Department remove the posted signs that state the "C" area permit requirement. This would help alleviate some of our customer parking during our busy times. Should you need any additional information from me or have any questions, please contact me at (619) 477-7000, extension 3011. Thank you for your assistance in this matter. Very truly yours, C. LJ ROBERT C. WOOD, Vice President Page 1 of 2 file://C:\WINDOWS\TEMP\P7300003.JPG 7/31/03 Page 1 of 2 fi 1e: //C :\WINDOWS\TEMP\P 7 3 0 00 04. J P G 7/31/03 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 17 (-ITEM TITLE RESOLUTION MEMORIALIZING THE CREATION OF THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION, THE ESTABLISHMENT OF DUTIES OF THE COMMISSION, AND THE DECLARATION OF THE MISSION STATEMENT OF THE COMMISSION PREPARED BY George H. Eiser, I,,I� DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review X N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 2003-128 Proposed resolution Memorandum dated August 26, 2003 Partial minutes of February 25, 2003 Council meeting regarding Citizens Advisory Board A-200 19 99) RESOLUTION NO. 2003 — 128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEMORIALIZING THE CREATION OF THE NATIONAL CITY COMMUNITY AND POLICE RELATIONS COMMISSION, THE ESTABLISHMENT OF DUTIES OF THE COMMISSION, AND THE DECLARATION OF THE MISSION STATEMENT OF THE COMMISSION WHEREAS, at the City Council meeting of February 25, 2003, the Council considered the Report of Findings and Recommendations of the National City Community Police Relations Task Force; and WHEREAS, at said meeting, the Council, by minute action, created the National City Community and Police Relations Commission, established the duties of the Commission and declared the Mission Statement of the Commission; and WHEREAS, it is now the desire of the City Council, by adoption of this Resolution, to memorialize the above -mentioned actions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: Section 1. That there is created the National City Community and Police Relations Commission ("the Commission"). Section 2. That the Commission shall be comprised of nine (9) individuals appointed by the Mayor with the approval of the City Council. Of the nine members, seven (7) shall be voting members, and two (2) shall be non -voting members. Of the seven voting members, four (4) shall be residents of the City of National City. One of the two non -voting members shall be a member of the National City Police Officers' Association, and one of the non -voting members shall be a member of a human rights organization. Section 3. A majority of the voting members of the Commission shall constitute a quorum. A majority of a quorum shall be sufficient to conduct the business of the Commission. Section 4. That the Commission shall be subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq.). Section 5. That the duties of the Commission shall be: (a) To receive citizen complaints regarding police conduct. (b) To request supplemental information from the Police Department. (c) To allow parties the opportunity to mediate their disputes. Resolution No. 2003 —128 September 2, 2003 Page Two (d) To make an annual report of its findings and activities to the City Council. Section 6. That in carrying out its duties, the Commission shall fall under the overview of the Chief of Police. Section 7. That the following shall be the Mission Statement of the Commission: The Commission will (1) provide a forum for citizens to voice their concerns about police conduct, practices and policies; (2) examine police practices and policies as they pertain to conduct issues; and (3) identify opportunities to ameliorate adversity between the National City Police Department and citizen complaints. It is the intent of the Mayor and City Council that because of our actions, the relations between the citizens of this city and the Police Department will improve, and positive communications and cooperation between the Police Department and community will be facilitated. PASSED and ADOPTED this 2nd day of September, 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and City Council DATE: August 27, 2003 FROM: City Attorney SUBJECT: Resolution Memorializing the Creation of the National City Community and Police Relations Commission At the City Council meeting of February 25, 2003, the City Council considered the Report of Findings and Recommendations of the National City Community Police Relations Task Force. At that meeting, the Council, by minute action, created the National City Community and Police Relations Commission (the "Commission"). To implement the creation of the Commission, the Council also took the following actions: 1. Provided that the Commission shall be comprised of nine individuals appointed by the Mayor with the approval of the City Council. Of the nine members, seven shall be voting members, and two shall be non- voting members. Of the seven voting members, four shall be residents of the City of National. City. One of the two non -voting members shall be a member of the National City Police Officers' Association and one of the non -voting members shall be a member of a human rights organization. 2. Established the following as the duties of the Commission: (a) To receive citizen complaints regarding police conduct. (b) To request supplemental information from the .Police Department. (c) To allow parties the opportunity to mediate their disputes. (d) To make an annual report of its findings and activities to the City Council 3. Provided that in carrying out its duties, the Commission shall fall under the overview of the Chief of Police. ® Recycled Paper August 27, 2003 Page Two 4: Declared the Mission Statement of the Commission as follows: The Commission will (1) provide a forum for citizens to voice their concerns about police conduct, practices and policies; (2) examine police practices and policies as they pertain to conduct issues; and (3) identify opportunities to ameliorate adversity between the National City Police Department and citizen complaints. It is the intent of the Mayor and City Council that because of our actions, the relations between the citizens of this city and the Police Department will improve, and positive communications and cooperation between the Police Department and community will be facilitated. The proposed resolution would memorialize these actions of the City Council in writing. In addition, the resolution would address the following "housekeeping" items pertaining to the functioning of the Commission: (a) Provide that a majority of the voting members of the Commission shall constitute a quorum, and that a majority of a quorum shall be sufficient to conduct the business of the Commission. (b) Provided that the Commission shall be subject to the requirements of the Ralph M. Brown Act (Government Code Section 54950 et seq.). GEORGE H. EISER, Ill City Attorney GHE/gmo Book 85/Page 46 2/25/03 Component #4 Management Compensation Survey appeared to be acceptable as proposed except that Councilman Morrison would participate with the staff in recruiting consultants and then have the top three consultants come before and be selected by the City Council. Component #5 Headhunter appeared acceptable as proposed. A recess was called at 1:05 p.m. The meeting was reconvened at 2:05 p.m. All members were present. 2. Citizens Advisory Board Laverne Mitchell, National City, expressed her belief that there was disparity in enforcement by the National City Police Department and that there was a need for better relations with the community. Mary Martin, National City, said she was against a citizens police review board. Mayor Inzunza reviewed the historical background surrounding the issue of a Police oversight commission. Motion by Inzunza, seconded by Natividad, that we create a Citizens Police Oversight Commission. Carried by unanimous vote. Motion by Natividad, seconded by Inzunza, that we make a seven person commission with each councilperson appointing one member and the Mayor appointing three and that committee will work with the City Manager and City Attorney to develop a framework and duties of the board. Following advice from the City Attorney, the motion was amended to, the Mayor appoints with the approval of the Council and the Council to submit names for selection. The second was withdrawn. The National City Community Police Relations Findings and Recommendations was "Recommendations" was reviewed in detail. Councilman Natividad clarified that the official name for the newly created board should be "The National City Community and Police Relations Commission." There was consensus on the name. There was no vote. Recommendation la: "This entity may be comprised of 9 individuals appointed by the Mayor and City Council — 7 voting members and 2 non- voting members (representing the POA and a human rights organization) — of the 7 voting members, 4 must be residents of National City," was discussed in detail. There appeared to be consensus on the number of commission members (9 ). Recommendation lb: "This entity may fall under the authority of the Police Chief" was discussed and modified. The word "authority" was changed to "overview." Modified wording was offered as follows: "The commission will work with the Police Department to provide information necessary to make recommendations" and "the City Manager direct staff to assist the commission." There was no vote on these changes. Recommendation lc: "This entity may review all Internal Affairs findings;" Recommendation ld: "...make recommendations to the Chief to sustain or not sustain la findings;" and Recommendation le: "hear citizens' appeals of la findings" were not acceptable. Recommendation lf: "request supplemental information from the Police Department;" Recommendation 1g: "allow parties the opportunity to mediate their dispute;" Recommendation lh: "receive citizens complaints regarding police conduct;" and Recommendation 1i: "make an annual report of its activities and findings to the City Council," were all acceptable. The maker and second of the previous motion, included Recommendations la, lb, if, 1g, 1h and li as modified as part of the motion. distr Book 85/Page 47 2/25/03 Task Force Report of ibuted. Item IV Book 85/Page 48 2/25/03 The need for a mission statement was discussed. It was suggested that the mission statement that appeared on page 4 of the task force "Findings and Recommendations" be used as the basis for a mission statement. Additional wording was suggested as follows: "It is the intent of the Mayor and City Council that because of our actions, the relations between the citizens of this city and the police department get better and to facilitate positive communication and cooperation between the police department and community." The motion as amended was approved by unanimous vote. It was requested that notice be given for vacancies on the new National City Community and Police Relations Commission and that interviews and appointments take palace the first meeting in April. ADJOURNMENT The meeting was adjourned to the Next Regular Meeting to be held on March 4, 2003, at 6:00 p.m., Council Chambers, Civic Center. The meeting was adjourned at 3:07 p.m. The foregoing minutes were approved at the Regular Meeting of March 18, 2003. CITY OF NATIONAL CITY ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 SECOND READING AGENDA ITEM NO. 18 (-ITEM TITLE AN ORDINANCE AMENDING TITLE 6 OF THE NCMC BY REPEALING CHAPTER 6.04 PERTAINING TO FORTUNETELLING PREPARED BY EXPLANATION Rudolf Hradecky i2tY DEPARTMENT City Attorney 336-4222 Through oversight, Chapter 6.04, which pertains to fortunetellers, was not included for repeal in the revision of the Business Tax Chapters adopted on June 3, 2003, by Ordinance 2003-2224. The only establishment in the City has been in business for thirty (30) years, and has maintained a $1,000 fidelity bond in effect throughout that period. There have been no complaints against the business. The revised Business License provisions and the Penal Code provide more than ample consumer fraud protection. The business license can be revoked for consumer fraud, and criminal prosecution under the Penal Code can be initiated for fraud violations. Consequently, separate regulation no longer serves a useful purpose. Chapter 6.40 is now recommended for repeal. ( Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9 99( ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 6.40 PERTAINING TO FORTUNETELLING BE IT ORDAINED by the City Council of the City of National City that Title 6 of the National City Municipal Code is hereby amended by repealing Chapter 6.04 pertaining to fortunetelling. PASSED AND ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 OLD BUSINESS AGENDA ITEM NO. 19 / ITEM TITLE REPORT CONCERNING FILLING OF VACANCIES ON ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. J CEnvironmental Review X N/A Financial Statement N/A (-STAFF RECOMMENDATION Review and file report. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum A-200 (9 99) Resolution No. TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and City Council DATE: August 22, 2003 FROM: City Attorney SUBJECT: Filling Vacancies on Advisory and Appeals Board There are currently four vacancies on the Advisory and Appeals Board, a City board comprised of seven members. I was requested at the August 19 City Council meeting to report on whether it was legally permissible to have the Mayor and/or Councilmembers appointed to fill the vacancies on the Advisory and Appeals Board. ISSUE The question presents the issue of whether the positions of Mayor and Councilmember are incompatible with the positions of Advisory and Appeals Board member. DISCUSSION At common law, the simultaneous holding of incompatible public offices is prohibited. Offices are incompatible if there is "any significant clash of duties of loyalties between the offices, if the dual office holding would be improper for reasons of public policy, or if either office exercise a supervision, auditory, or removal power over the other. (38 Ops. Cal. Atty. Gen. 113). The common law doctrine of incompatibilities applies only to public "offices," and not to public "employees." If only one position is a public office, then there is no issue of incompatibility at common law. While it is sometimes difficult to differentiate between the two terms, a position is more likely to be considered an "employment" where the person is hired rather than elected or appointed, the duties are not specified by statute, the person is referred to as an employee, there is no fixed term of office, the person does not establish policy, and the person does not exercise legislative executive, or judicial functions. (67 Ops. Cal. Atty. Gen. 409, 410, 411). ® Recycled Paper Filling Vacancies on Advisory and Appeals Board August 22, 2003 Page Two Where a common law incompatibility exists, abstention is not available to cure the incompatibility; rather, the office first held is automatically vacated. (66 Ops. Cal. Atty. Gen. 382). ANALYSIS The position of city councilmember has specifically been found to be a public office. (82 Ops. Cal. Atty. Gen. 74). Although I have found no direct authority finding the position of Advisory and Appeals Board member to be a public office, similar positions (e.g., planning commissioner, water district board member) have been held to be public offices. With this in mind, and based on the criteria discussed above, it is my opinion that the positions of Mayor, Councilmember, and Advisory and Appeals Board member are all public offices. An incompatibility of public offices exists where, among other factors, one office holds an "auditory" or "removal" power over another. In the present case, the Mayor and City Council hold an auditory power over the Advisory and Appeals Board because pursuant to Section 15.04.070 of the Municipal Code, an individual may appeal a decision of the Board to the City Council. Further, the Mayor and Council have both an appointive and removal power over the members of the Board. In certain limited cases, state law authorizes the simultaneous holding of what would otherwise be considered incompatible offices. For example, Mayors and Councilmembers may simultaneously serve on boards of joint powers agencies of which their city is a member, such as the Sweetwater Authority. However, no statutory exception exists which would permit the simultaneous holding of the offices of Mayor, Councilmember and Advisory and Appeals Board member. CONCLUSION It is my opinion that under the law pertaining to incompatible offices, it is not legally permissible for the Mayor and/or Councilmembers to serve simultaneously on the Advisory and Appeals Board. GEORGE H. EISER, Ill City Attorney GHE/gmo OLD BUSINESS City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2 2003 AGENDA ITEM NO. 20 (-ITEM TITLE REPORT ON THE REQUEST FOR THE CLOSURE OF A AVENUE AT PLAZA BOULEVARD PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering Environmental Review N/A Financial Statement Approved Y: Finance Director $3,500. This could be absorbed into the Public Works Operating Budget. Account No. STAFF RECOMMENDATION City Council review the altrnatiy outlined in the report and provide direction to staff. sik BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 1. City Attorney's memorandum dated August 26 2003 2. Picture of Gate 3. Pictures of signage A-200 ,9 991 Explanation: The City Council directed that staff investigate the installation of traffic diversion barriers at the intersection of A Avenue and Plaza Boulevard. The proposed barriers would not allow vehicles to access the 900 block of A Avenue (known as Brick Row) from Plaza Boulevard. Access to the 900 block of A Avenue would only be allowed from Ninth Street. The Council direction resulted from numerous complaints from the neighborhood that the patrons of a business establishment located at the intersection of National City Boulevard and Plaza Boulevard are parking on A Avenue adjacent to residences and causing commotion during the evening hours. The City attorney prepared the attached memorandum dated August 26, 2003 discussing the legality of closing a street within the City. In order to barricade the 900 block of A Avenue at Plaza Boulevard, two conditions must be satisfied under Section 21101 of the California Vehicle Code: First, the closure must implement the Circulation Element of the General Plan. According to the Planning Director the barricading of the street would satisfy this requirement. Specifically, General Plan policy (See page 50, Transportation and Circulation Policy 16) states: Identify suitable techniques to divert vehicles from local neighborhood streets without adversely affecting overall circulation. Potential improvements should be determined after obtaining input from affected neighborhood residents and shall be consistent with State regulations. Secondly, the street must not serve a "regionally significant' transportation function. That is, a closure must not infringe upon the rights of other citizens of the greater metropolitan area to travel from community to community. It is the opinion of the Acting Public Works Director barricading the 900 block of Avenue does not serve a regionally significant transportation function. However, barricading this street invokes some Fire Department issues regarding access. Specifically, the Fire Department requires that the barricade must be removable so that an emergency vehicle has unrestricted access to the street. This requirement is based upon Fire Code that dictates that if a street is longer than 150 feet it must be designed with a means to turn -around, such as a cul-de-sac or hammerhead. There is not physically enough room for either of these alternatives, so a gate or removable bollard will be necessary. Public Works is proposing a gate similar to the gate shown in the attached photograph. The gate pictured is located at El Toyon Park. The gate that we propose to install at A Avenue would be painted a reflective yellow. It would have at least four red type N signs installed on it and a large road closed sign hung on the center. These signs would be on both sides of the gate. It would remain locked at most times and emergency personnel would be provided a key. The cost of the gate, including the signs, is approximately $3,500. It would need to be manufactured and it is likely that it will require two months from the time of approval until it is installed. There is some concern that the gate would not meet the "historical' look that the City has been striving to achieve in the area. However, when closing streets, we must follow the California Traffic Control Manual Guidelines for signage. More decorative bollards are an alternative to the gate, but the cost is greater and the same signage is required. While investigating this issue something came to light that I would be remiss if I did not offer as an alternative to barricading the street to solve the parking problem. Currently the 900 block of A Avenue is a Permit Parking area. The parking is restricted from 6:00 pm to 6:00 am Monday through Friday, and all day Saturday and Sunday. Signs stating the parking restriction are in place. As previously stated, the complaint has been that motorists are parking on A Avenue adjacent to residences and causing commotion during the evening hours. The quickest and perhaps the most directly responsive to the complaint is increased parking enforcement on the street. The downside of this action is that, from a staffing perspective, the restriction may be difficult to enforce in the evening hours. Parking Enforcement has typically been a daytime hours job. Police Officers that are on duty in the evening could issue the citations, but parking enforcement is not a normal part of their duties. TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Acting City Engineer FROM: City Attorney SUBJECT: Authority to Close Streets DATE: August 26, 2003 At recent City Council meetings, the issue of barricading "A" Avenue has been discussed. This memorandum discusses the extent of the legal authority which the City has to close or barricade streets. The authority of a city to impose regulations in the area of traffic control, including street closure, is based solely on State enabling legislation. In other words, unless expressly provided by the State Legislature, a city has no authority over vehicular traffic control (Vehicle Code Section 21). The governing Vehicle Code provisions for closure of city streets are Sections 21 101 and 21 101.6. Authority to close streets is granted by Vehicle Code Section 21101 under the following circumstances: (1) When the street is no longer needed for vehicular traffic (Subsection (a)). (2) Closure during regular school hours for the purpose of conducting driver training programs (Subsection (d)). (3) Temporary closure for special events, parades, etc. (Subsection (e)). (4) Closure to implement the circulation element of a general plan (Subsection (f)). It would appear that with respect to barricading of "A" Avenue, the applicable Vehicle Code provision would be Subsection (f) of Section 21 101 . The authority to close streets under this provision was considered by our local Fourth District Court of Appeal in City of Poway v. City of San Diego, (1991) 280 Cal.Rptr. 368. In that case, the court invalidated the City of San Diego's attempt to close one of its streets to traffic from outside the city. The particular street in question, Pomerado Road, was located within the City of San Diego and extended beyond San Diego's city limits into the City of Poway, and was thus considered "regional" in nature. ® Recycled Paper Authority to Close Streets August 26, 2003 Page Two In its decision, the court first considered whether San Diego's action met the requirements of Vehicle Code Section 21101(f), that the closure "implement the circulation element of a general plan." Secondly, assuming the first requirement was met, the court questioned whether a local authority could close "a regional roadway in order to prevent the local inconveniences created by large volumes of through traffic through the local authority's jurisdiction." In the San Diego case, the court answered both of these questions in the negative. In its decision, the court set forth the following general principles: "A proper interpretation of the term 'jurisdiction' as used in section 21101, subdivision (f) is a narrow one which recognizes that one local authority's actions within its own jurisdiction may not infringe upon the rights of other citizens of the greater metropolitan area to travel from community to community on publicly owned and controlled streets and highways... Regionally significant streets or highways perform a regional, not municipal function. The fact that some hardship is created by the intensive use of a road upon those whose homes or businesses are located along the roadway is not dispositive in light of these well - established principles. A parochial decision that goes beyond the scope of section 21101 to close part of a functional regional road that crosses two or more jurisdictions, by means cif a general plan or its amendment, is inconsistent with settled law...." Thus, in order to implement the barricading of "A" Avenue, two conditions must be satisfied under Section 21 101 of the Vehicle Code: (1) The closure must implement the circulation element of the general plan. (2) The street must not serve a "regionally significant" transportation function. That is, closure must not infringe upon the rights of other citizens of the greater metropolitan area to travel from community to community. Lastly, in determining whether to barricade "A" Avenue, the prohibition set forth in Section 21 101 .6 of the Vehicle Code must be considered. That Section provides, in relevant part: 2 Authority to Close Streets August 26, 2003 Page Three "Notwithstanding Section 21101, local authorities may not place gates or other selective devices on any street which deny or restrict the access of certain members of the public to the street, while permitting others unrestricted access to the street." In other words, Section 21101.6 does not permit the installation of barricades that would allow access by residents of a street or neighborhood, while blocking access by other residents of the city. fr) GEORGE H. EISER, Ill City Attorney GHE/gmo g 6-76 7-1996 MARKINGS Traffic Manual 'P' Marker 300 mm L L,; �n �n Pavementce\ I I I I� (Left) (Right) Figure 6-52 TYPICAL OBJECT MARKERS (Type N, P and R) 900 mm 1800 mm (See Note) � I 'R' Marker Pavement Suraface 600 mm 1 1050 mm I (See Note) POLICY 'N' Marker (Yellow) is used below and on the same post with a W56 or W57 Arrow sign to warn of an abrupt turn. Background may be either yellow retroreflective sheeting or yellow non -reflective background with 9 each, yellow acrylic cube -corner retroreflective elements. • 'N' Marker (Red) is normally used below and on the same post with the W31 END sign to mark the end of a street or highway. Background may be either red retroreflective sheeting or red non -reflective background with 9 each, red acrylic cube -corner retroreflective elements. 'N' Marker (Orange) is used in a construction zone in the same manner as the Yellow - 'N' Marker. Background shall be orange retroreflective sheeting. 'P' Marker isused to mark an object in a paved area, within 2.44 m of the traveled way, where traffic may pass on only one side of a fixed object. Background shall be yellow retroreflective sheeting with alternating black opaque stripes. ° In a construction zone, this marker has a white retroreflective background with alternating orange retroreflective stripes. Note: When placed on, or in front of, a crash cushion, this height should be approximately the same height as the crash cushion. Y 'R' Marker is used to mark an object within the roadbed where traffic may pass on either side of a fixed object. Background shall be yellow retroreflective sheeting with alternating blace opaque stripes. In a construction zone, this marker has a white retroreflective background with orange retroreflective stripes. Note: The bottom of the marker is normally mounted 0.3 m above the pavement surface. NOT TO SCALE 5-26 TRAFFIC CONTROLS Traffic Manual 1-1996 BRIDGE CLOSED may be substituted for ROAD CLOSED, where applicable. The ROAD CLOSED sign shall not be used where traffic is maintained or where the actual closing is some distance beyond this sign. ->te ROAD CLOSED C2 5. LOCAL TRAFFIC ONLY Signs (C3, C3A) The LOCAL TRAFFIC ONLY signs should be used where through traffic must detour to avoid a closing some distance beyond the sign, but where local traffic can move up to point of closure. The sign shall carry the legend ROAD CLOSED [XX] MILES AHEAD —LOCAL TRAFFIC ONLY or, optionally for urban use, ROAD CLOSED TO THRU TRAFFIC, and should be accompanied by appropriate warning and detour signing. The words RAMP CLOSED or BRIDGE CLOSED may be substituted for ROAD CLOSED where applicable. ROAD CLOSED 10 MILES AHEAD LOCAL TRAFFIC ONLY C3 ROAD CLOSED TO THRU TRAFFIC C3A 6. WEIGHT LIMIT Signs (R20, R2OB R20D) A WEIGHT LIMIT sign shows the gross weight or weight per axle that can be permitted on the roadway or bridge. Weight restrictions should be consistent with state or local regulations and shall not be imposed without the approval of the authority having jurisdiction over the highway. When weight restrictions are imposed, a marked detour should be provided for vehicles weighing more than the limit posted. WEIGHT LIMIT 41 8T j 12T �1 16T (OVER_AXLES) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 2, 2003 AGENDA ITEM NO. 21 /ITEM TITLE REQUEST FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE NATIONAL CITY CHAMBER OF COMMERCE AND WAIVER OF FEES PREPARED BY Stephen Kirkpatrick 336-4580 DEPARTMENT Public Works EXPLANATION The National City Chamber of Commerce is requesting use of the Martin Luther King, Jr. Community Center on Wednesday October 8, 2003 for the 47th Annual Salute to the Navy Luncheon. They are requesting the Center from 9:00 a.m. until 3:00 p.m. They will be expecting approximately 150 military and civilian guests. Costs: Building: $703.56 Kitchen: 60.00 Custodial: 111.70 Total: $875.26 A waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted `Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center". Environmental Review N/A Financial Statement Loss of $875.26 to the General Fund if waiver of fees is approv Approved By: Finance Director ed. Account No. STAFF RECOMMENDATION -( It is recommended that Council apprce the use of the Martin Luther King, Jr. Community Center as requested and that Council make a decision regarding the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Martin Luther King, Jr. Community Center 2. Letter from the National City Chamber of Commerce dated August 13, 2003 A-200 9 gg APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: National City Chamber of Commerce 901 National City Boulevard - National City, CA 91950-3203 Edith A. Hughes, Chief Executive Officer 901 National City Boulevard - National City, CA 91950-3203 Address: Telephone Number: day (619) 477-9339 evening (619) Type of Function: Salute to Navy Week Luncheon Date Requested: Wednesday, October 8, 2003 Decorating Time: 9:00 A.M. (am/pm) to11:00 A.M. (am/pm) Function Time: 11:00 A.M. (am/pm) to 2:00 P.M. (am/pm) Clean up Time: 2:00 P.M. (am/pm) to3:oo P.M. (am/pm) Use of Kitchen: no x yes If yes, Time: 9 •oo a.M(am/pm) to 3.00 p.M. (am/pm) Number of Participants: 200 Will Admission be charged? yes If yes, Amount $ 0 00� Will this be a fund raising event? No Will alcohol be served? No If yes, ABC Permit Submitted? N/A Certificate of Insurance attached? n„ F;1 P Special configuration of tables or chairs required? To 06 « e- If yes, attach sketch. Special equipment required? yes If yes, attach list. P.A. - Stage - Flag Copy of Rules & Regulations provided? yes Initials `. -- Certificate of Insurance attached?On File How many times. in the last two years have you used the Community Center? 4 t;me/f applicable, how much did you pay for building and/or custodial fees? nothing I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the Cer Signature of Applicant Date / rev.02/03 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization National City Chamhpr of CommorrP Person in charge of activity Edith A. Hughes or Jeff Phipps Address 901 National City Boulevard Telephone (619) 477-9339 National City, CA 91950 City facilities and/or property requested Martin Luther King, Jr. Community Center Date(s) of use Wednesday, October 8, 2003 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or 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. C (%, 0 <51 f3%a3 Signature of Applicant Official Title Date Certificate of Insurance Approved by Name and Title rev. 02/03 THE CHAMBER August 13, 2003 Stephen Kirkpatrick, Acting Director Public Works Department City of National City 1243 National City Boulevard National City, CA 91950 RECEIVED PUBLIC WORKS DEPARTMENT 03 AUG 14 PM 12: 13 Cii'Y 01= NATIONAL CITY. CA. 901 National City Boulevard National City, CA 91950-3203 Business: 619 477-9339 Fax: 619 477-5018 E-mail: thechamber@nationalcitychamber.org Web site: www.nationalcitychamber.org Dear Stephen: This is to request that the City waive fees and any other charges associated with using the Community Building for the 47th Annual Salute to Navy Luncheon. The event will take place on Wednesday, October 8, 2003. As in the past, the event is held by the Chamber of Commerce, hosted by the Kiwanis Club of National City, with the support of the City of National City. We expect more than 150 military and civilian guests, to include the City Council, City Department heads and other appointed and elected officials from throughout the region. The event will be catered. We will need to use the kitchen, tables and chairs, as well as the speaker system in the Community Building. All other equipment will be provided by the caterer. Thank you for your consideration and support of this request. Sincerely, Edith A. Hughes Chief Executive Officer 'Building for the New Millennium" City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 22 AGENDA ITEM NO. ITEM TITLE NOTICE OF DECISION — APPROVAL OF A ZONE VARIANCE FOR A COVERED PATIO IN THE FRONT YARD SETBACK OF THE AMERICAN LEGION BUILDING AT 35 E. 18Tx STREET (APPLICANT: AMERICAN LEGION POST 255) (CASE FILE NO.: Z-2003-4) PREPARED BYgfP DEPARTMENT EXPLANATION Roger G. Post, 336-4310 Planning The project site is an 11,300 square foot lot at 35 E. 18th Street in the Heavy Commercial (CH) zone. Approximately half of the property is developed with a one-story block building occupied by American Legion Post 255. The building is located 10 and a half feet from the front property line. The other half of the property is a surface parking lot serving the building. The applicant proposes to build an approximately 390 square foot covered patio on the front of the building. The patio will be extend to the front property line, thus it will be located within the required front yard setback area, which is five feet in the CH zone. A low split face block wall topped with an iron security fence and covered with a canvas awning/roof will enclose the patio area. Planning Commission held a public hearing on this item at their August 4, 2003 meeting. There was no public testimony in support of or opposition to the item at the hearing. The Commission discussed the intended use and typical hours of use of the patio. They voted to approve it, since the development of the patio in the front yard setback is consistent with the existing development pattern in the area, and since the large landscaped parkway in front of the building would remain. Environmental Review Financial Statement N/A X N/A 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 / CCM JISSIQN.RECOMMENPAIION 1'he Planning commission approved the Lone Variance. Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Martinelli, Reynolds, Pruitt Absent- Baca ATTACHMENTS 1 Listed Below. ) 1. Planning Commission Resolution No. 28-2003 3. Site photographs 4. Patio Elevations 2. Location Map Nays- Graham Resolution No. A-200 (9/99) RESOLUTION NO. 28-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A VARIANCE FOR A COVERED PATIO IN THE FRONT YARD SETBACK OF THE AMERICAN LEGION BUILDING AT 35 E. 18TH STREET APPLICANT: AMERICAN LEGION POST 255 CASE FILE NO. Z-2003-4 WHEREAS, the Planning Commission of the City of National City considered a Variance application for a covered patio in the front yard setback of the American Legion Post 255 Building at 35 E. 18th Street at a duly advertised public hearing held on August 4, 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. Z-2003-4 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 4, 2003, support the following findings: 1. That because of special circumstances applicable to the property, including location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since there is a large landscaped parkway, along the section of E. 18th Street in front of the American Legion building, which should function similarly to a front yard in this area where most properties do not have landscaped front yards. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since several properties in the area, and in the Heavy Commercial zone, have structures located within the front yard setback. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the American Legion Post 255, a private club, is an established use in the Heavy Commercial zone. BE IT FURTHER RESOLVED that the application for Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a covered patio within the front yard setback area at 35 E. 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. Z-2003-4, dated 6/23/2003. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The areas to be covered shall include the planter area between the patio structure and the sidewalk and the parkway between the sidewalk and the street. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Exterior walls of buildings to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. A Knox Box shall be installed to allow for emergency access. 6. Access to the existing gas meter shall remain open and accessible. 7. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 8. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwitk' the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 18, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, MARTINELLI, REYNOLDS NAYS: GRAHAM ABSENT: BACA ABSTAIN: N A PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Variance for patio in front yard setback area at 35 E. 18th Street .12:15.560. PSI. aD® NATIONAL CITY PLANNING DRN. DATE: 7/22/'' HEARING: 8/4/03 s Site Photographs View of the front of the American Legion Building from E. 18th Street View of the front yard at 35 LitgO, `,4 ZjtS: . 18th Street and the adjacent auto repair building FACE ❑F EXISTING BUILDING PREFABRICATED CANVAS AWNING �(flrtr� I I I I I 1 I 1 IR❑N SECURITY FENCE ® CMU BL❑CK WALL W W R SEE DETAIL AT LEFT < SIlL FLFVATI_\ FACE OF EXISTING BUILDING PREFABRICATED CANVAS AWNI IRON SECURITY FENCE 8"x8"x16" SPLIT FACE BLOCK AMERICAN LEGION POST 225 EXST AWNING TO BE REMOVED \ I11111111/11111111I/III II/III►i�I11111111111111111ug��i>rlli!" 111111111111111111111111/IIUIIIIIII/{II/I/t111111/t1l/1IIII/I/ilul/f/tIU{/i/111 11 IIIII/IIIIIIlIII VIEW WORK FRONT ELEVATION SCALE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2003 AGENDA ITEM NO. 23 1 ITEM TITLE TEMPORARY USE PERMIT — SOUTH BAY COMMUNITY CHURCH FALL FESTIVAL PREPARED BY Claudia Caro, Permit Tech Building and Safety EXPLANATION This is a request from the South Bay Community Church to conduct a fall festival in the church parking lot located at 2400 Euclid Ave. from 6 p.m. to 10:00 p.m. on Friday, October 31, 2003. The event will consist of carnival style game booths, concession stands, inflatable fun zones, an obstacle course and boxing ring. The church band will perform in the parking lot. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. Environmental Review Financial Statement The City has incurred $150.00 in processing this Temporary Use Permit Application. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Tempor of Approval and grant the waiver of fees. Use Permit subject to compliance with all Conditions BOARD f COMMISSION RECOMMENDATION 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 AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: Friday, October 31, 2003 TIME OF EVENT: 6 p.m. to 10:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING (SAN DIEGO COUNTY YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 8/13/03) CONDITIONS OF APPROVAL FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Fire protection appliances (Fire Sprinkler System, Fire Hydrants, etc.) shall not be blocked at any time, access must be clear from point of entry (street) to the appliance/connection. 3. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 4. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five feet. 5. 40-B:C dry chemical fire extinguishers shall be provided where deep fat flyers are used. 1-A:10-B:C fire extinguishers are required in each cooking booth. 6. All canopies used in cooking area are to be flame retardant treated, with an approved State Fire Marshal seal attached. 7. Provide metal cans with leads and label "Hot Coal Only" for used charcoal disposal. 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 numbers 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 of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained from the City Revenue and Recovery Division, business license section. Indoor Restrooms (Handicapped Accessible) Outdoor Parking Entrance Entrance To Parking A = American Food Booth B = Boxing Ring C = Coffee House (gym window) I = Information Booth G = Two Game Booths J = Jousting Arena K = Kids' Bounce House M = Mexican Food (kitchen) MZ= Maze O = Obstacle Course P = Puppet Show S = Stage SP = Speed Pitch Y = Youth Group Booth D = Dumpster Generator Disabled Parking Parking D 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 n'A Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys foes 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 Advni i.;-rCcd-or Official Title Date el L9 103 1-or Office Use Only Certificate of Insurance Approved Date 7 Type of Event: Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Event Title: Fe01 Fe-Sf/Ya 1 Event Location: south1361Y Commtin ;ty Church, 21f12o EIit_416 ! Nat'I C/ /0/31 /03 to /0/31 J03 Total Anticipated Attendance:0 Event Date(s): From ( Participants) Month/Day/Year ( Spectators) Actual Event Hours: 6 am rr to /6 am/0 Setup/assembly/construction Date: ®0/3/%3 Start time: Please describe the scope of your setup/assembly work (specific details): boofh sel�Up Cceen#Pies a- (-ta.6✓es) , decrra,h`odl- cMa irS G#-Ci . qUG v��Fpt c4F 0 1 _Corr punity Rt 47ot Circ NA?00 _ Block Other f C "R✓at /Tl; C Clay 440: 9'-4 gar» Dismantle Date: / 0/31/03 Completion Time: /Z 'm 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. 0/1 Sponsoring Organization: SDufh 1301y & r)'?mdn1/y Church °A vi c1 A • Jo nei Chief Officer of Organization (Name) q Applicant (Name): g U1'h Ri,J �0l Address: �4fl0 Eudid five c / Nat'l CoLy c /q 0-0 Daytime Phone: (6/9 2b7-550:Evening Phone: ( f') ¢25 I721 Fax: ((!eiS 2b73370 Fz ,i-h fzr99'otl Contact Person "on site" day of the event: For Profit ✓ Not -for -Profit Email V'Uf cI o5er-iU Pager/Cellular: (L/%) 7 _ 7040 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? ®/YES /NO y Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): kNA n la 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. fe-livccO eovtsis G,L cls %�€2 _- b00%kis1 c pn cessi,h siLand5 (L) t e�nr Buie, for Par- l,G>rLu-th 6a-ra per i'r��; which Will be ou,/5,de. We will hates fnyTlai-itb/., 'f t n zones (4 LCI- cje Lpu r s e, 3 o us k /i% area k� ri, i61 4ur a7yen and cr t'.P9.uI outside . The re 1,001 be ctn Q r'Por Ct c pa ries ir/Sid� our .fc elm aS well. (�ur Ole c ester d i-- our c.uFch A sIies 601) ltvl (/i7/ r�_en SRrfi i an l 14r-ee Brit 5 cam ospko (e_, as wn a >f l C rY144/ r.t e. 11U lift //O 1 -Qe i4 Y, i tv4 1 YES NO If the event involves the sale of cars, will the cars corx e,,o oti s rt ty from II National City car dealers? If NO, list any additional dealers.involved in the sale: I f 4 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: con C.esSic✓) -god / / e' s 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 /Z Sizes / o X l0 NOTE: A separate Fire Department permit is required for tents or canopies. YES VNO 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: Ceocr°s- inJ i "s41-i,LC4 Style aCi booth, oak/Dors)? pcitchvi service- wi vlc1ou) ¢a � yr» cta^ege If you intend to cook food in the event area please OTHER (Specify): fV)i� GAS ELECTRIC (CHARCOAL (P fy) > Portable and/or Permanent Toilet Facilities Number of portable toilets: I (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: 8 /V Trash containers with lids: to Describe your plan for clean-up and removal of waste and garbage during and after the event: dean - � cs-w is scheed cded -throughout evevi; r 71-t9 do spy- checks and another teculi will do The Pima clean-vp aRcr ever4¢- 3 Please describe your procedures for both Crowd Control and Internal Security: W- ht.v. a secur'i'r 1&u'1 ('3 mem) -f-ha-f- are. egvipwii-14 radios Gad shz)r/s marked "scuar'i%+l cold two ofP- r1 pftoer, will b& walkj, ' ground dur,'45 eifent YES /NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: 6101 Security Organization Address: t7� Security Director (Name): '% Phone: n% VYES 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: )ijGtk will be en. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. First aid will be availaldat our- irt�'orma / -i loco i octr sccurylJ team has beer ,'insfructe Grand/., a#j mow ,iva�� Please describe your Accessibility Plan for access at your event by individuals with disabilities: • W� huv- h cat cli cape d pa✓'k-,'rrq s+-Ells 4 h&s+avcs . /}l1 c✓eMts wilt be �✓td lave/ Please provide a detailed description of your PARKING plan: We ha t& a /0)-0 FarL1` i'�_ our Itt off s fne,�t�ar 'rt� available Please describe your plan for DISABLED PARKING: t)ijk ar irtnoarr.ed in our 1D71- 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: �1s�r i b(.-ii'on p7 �� ers 3 wl s ()or -fij evert t' ®s4-ier6 of 1 oc4 / 19us; Hess -es. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 1/YES NO Are there any musical entertainment features related to your of event?mIf cYES, please state the number of stages, number of bands and type Number of Stages: i Number of Bands: C 9 �" f j Type of Music: I`S ' co Shporar veers Ixf 'YES NO Will sound amplification be used? If YES, please indicate: Start time: 7 am/ Finish Time —amlr& 1YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 5. 30 am/ ' rr Finish Time 0 am3 Please describe the sound equipment that ill be used for your event: oat-d®or at.wel/H'ec/ sound &v�*vo - iPoua-spLe,01�rs 'fir vetr'tous a'rl%a-3phon.eS, 0.41d nivate- equiprne/41. YES 1 NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: n(i) YES NO Any signs, banners, decorations, special lighting? If YES, please describe: one- banner ¢'aari,5 a` 1! t i9 f TvAi I 06t 3) 6 g230 poi 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 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 ✓'b(tifh Cem dsq `J Chu teA Type of Organization Chuurc (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) / V No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) Oo to Date 9