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HomeMy WebLinkAbout2003 11-11 CC AGENDA PKTAGENDA OF A SPECIAL MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD SPECIAL MEETING - TUESDAY — NOVEMBER 11, 2003 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL TO BE RECEPTIVE TO YOUR CONCERNS IN THIS COMMUNITY. YOUR PARTICIPATION IN LOCAL GOVERNMENT WILL ASSURE A RESPONSIBLE AND EFFICIENT CITY OF NATIONAL CITY. WE INVITE YOU TO BRING TO THE ATTENTION OF THE CITY MANAGER ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. PLEDGE OF ALLEGIANCE TO THE FLAG AND INVOCATION BY MAYOR NICK I NZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 21, 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 11/11/03 PAGE 2 PRESENTATION National City Tennis Club (Council initiated) PROCLAMATIONS Proclaiming the Opie Family as: "2003 NAVY FAMILY OF THE YEAR" Proclaiming October 18, 2003 as: "SAN DIEGO PHILIPPINE LIBRARY & MUSEUM DAY" Proclaiming November 2, 2003 as: "MASSING OF THE COLORS AND SERVICE OF REMEMBERANCE DAY" Proclaiming November 8, 2003 as: "ELKS OF THE WORLD DAY" Proclaiming November 11, 2003 as: "CHARLES EDWARD REED DAY" PUBLIC HEARING 1. Public Hearing — Tentative subdivision map for development of 16 single-family homes with a separate parcel for private streets and an open space area, on 1.3 acres on the east side of N. Highland Avenue, approximately 50 feet south of Bucky Lane. Applicant: Urban Innovations, LCC. Case File No. S-2003-4. (Planning) 2. Public Hearing — Conditional Use Permit for a private event hall a 1830 Sweetwater Road in the Sweetwater Town and Country Shopping Center. (Applicant: BBB, Inc.) (Case File No.: CUP-2003-21) (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. COUNCIL AGENDA 11/11/03 PAGE 3 CONSENT CALENDAR (Cont.) 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 the title only. (City Clerk). 4. Resolution No. 2003-152 Resolution of the City Council of the City of National City authorizing the Mayor to execute an extension of the City's ambulance services agreement with American Medical Response for basic and advanced life support services. (Fire) 5. Resolution No. 2003-153 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Modular Building Concepts, Inc. to provide temporary modular buildings. (City Manager) 6. Resolution No. 2003-154 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. to provide engineering and environmental services, and to assist implementing the Jurisdictional Urban Runoff Management Program in compliance with the Regional Water Quality Control Board. (Public Works/Engineering) 7. Resolution No. 2003-155 Resolution of the City Council of the City of National City accepting the work and authorizing the filing of a Notice of Completion for the National City Street Resurfacing Project. (Engineering Specification No. 02-2) (Public Works/Engineering) COUNCIL AGENDA 11/11/03 PAGE 4 CONSENT CALENDAR (Cont.) 8. Resolution No. 2003-156 Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Agreement with Restructure Petroleum Marketing Services of California for the installation of five groundwater monitoring wells on East 8th Street, east of Salot Street. (Engineering) 9. WARRANT REGISTER NO. 16 (Finance) Ratification of Demands in the amount of $851,073.95. 10. WARRANT REGISTER NO. 17 (Finance) Ratification of Demands in the amount of $619,401.59. 11. WARRANT REGISTER NO. 18 (Finance) Ratification of Demands in the amount of $910,622.24. 12. WARRANT REGISTER NO. 19 (Finance) Ratification of Demands in the amount of $335,601.32. 13. Consolidated Cash and Investment Report as of July 31, 2003. (Finance) 14. Claim for Damages: Anita Brinkley (City Clerk) 15. Claim for Damages: Jason Lao (City Clerk) COUNCIL AGENDA 11/11/03 PAGE 5 ORDINANCE FOR ADOPTION 16. An Ordinance of the City Council of the City of National City rezoning certain parcels of real property pursuant to the Land Use Code from CL to RS-2 at the southeast corner of 8th Street and N Avenue. Applicant: City initiated. (Case File Nos. GP-2003-3, ZC-2003-2) (Planning) OLD BUSINESS 17. Report to the City Council on the issue of the Seawind Drive area "No Parking — Tow -Away -Street Sweeping" signs election. (Public Works/Engineering) NEW BUSINESS 18. Request to use the Community Center by the Sweetwater Union High School Marine Corps JROTC and waiver of fees. (Public Works) 19. Temporary Use Permit — McCune Motors - Used Vehicle Tent Sale (Building & Safety) 20. Temporary Use Permit — San Diego Auto Connection — Used Vehicle Tent Sale. (Building & Safety) 21. Notice of Decision — Denial of a Conditional Use Permit for a church at 1920 Sweetwater Road in the former Sweetwater Theaters building, in Sweetwater Town and Country Shopping Center. (Applicant: Cornerstone Church (Case File No.: CUP-2003-20) (Planning) 22. Discussion of City Council Budget. (Council initiated) COUNCIL AGENDA 11/11/03 PAGE 6 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT In Memory of: Mr. Emmanuel Mathew Sales James W. Craze, Senior Volunteer Next Regular City Council Meeting — Tuesday — November 18, 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 FILFRESS Z Z. APR.19.9: 7t0B AM P.001 Welcome Back!! National City Tennis Club Teams 3.5 & 4.0 Level -San Diego Area Champs Team 4.0 Level members: 1. Ted Balagat, Team Captain; 2. Robert Ang; 3. Rogello Papa; 4. Benjamin Vianzon; 5. Victor Toledo; 6_ Ramil Arroyo; 7. Randy Arroyo; 8. Nelson Sellona; 9. Elmer Dulay; 10. Sabino Ding; 11. Efren Macalos; 12. Rey Yamane; 13. Rey Gredonia. Team 3.5 Level members: 1. Mar Rajas, Team Captain; 2. Nelson Asignadon; 3. Rudy Zapanta; 4. Andre Garda; 5. Fresco Dino Jr.; 6. Pete Edelor; 7. Rico Gabat; 8. Aris Valera; 9. Manny Guerero; 10. Ambet Rulo; 11. Francisco Arrieta; 12.. Cesar Magno; 13. Jojo Sado; 14. Nasrodin Usman; 15. Roily Hernandez. (Photo courtesy of Susan delos Santos.) Kongratulations to 3.5TeamiemIers for winning the Area Championship in Upland, CA, July 13, 2003. c fraclamation WHEREAS, The Opie family has made National City their home for the past seven years. Mrs. Opie attended Otis Elementary School, National Jr. High School and graduated from Sweetwater High School. Mr. Opie is from Portland, Oregon. Together they have a daughter named Hannah, who is eight years old and attends Otis Elementary as a third grader. The Opie family has been described as dedicated, close, open and solid. WHEREAS, Mr. Opie is an E-5 Maintenance Control Supervisor/Log Book Clerk at North Island. He recently completed a tour of duty abroad the USS Constellation and after retiring from the Navy he wants to pursue a college education to become an elementary school teacher. Mrs. Opie is a student at Southwestern College where she is working on an Associate of Arts degree. WHEREAS, Mr. and Mrs. Opie are involved in their daughter's school activities, such as volunteering in their daughter's classroom, attending school field trips, and assisting in fundraising functions. The future goal they want for their daughter Hannah is for her to attend college. Now therefore, as Mayor and City Council of the City of National City, we do hereby proclaim The Opie Family as: "2003 Navy Family of The Year" Nick Inzn Mayor Lui at' i ad Co cil ber t Ron Morrison Councilmember Fideles Ung Councilmember --£3 7..-4\t --_ s.- ter: - ."a Proclamation WHEREAS, The San Diego Philippine Library and Museum is a Historical -Heritage Center and its objective is to preserve and keep records of the history and heritage of the Filipinos in San Diego particularly in the Gaslamp Quarter where the first wave of immigrants first set foot, in the United States. WHEREAS, The San Diego Philippine Library and Museum promotes diversity, tourism, and trade; and is the center of education on matters pertaining to the history and heritage of the Filipinos and the Philippines . WHEREAS, Celebrations such as Fiesta Filipiniana are held annually as a street fair, to further promote the Philippine Library and Museum. This highly successful event is attended by people from different sectors of the county. WHEREAS, The Heritage Gala "Today for Tomorrow" is the annual charity ball whose main goal is to raise funds for the enhancement, development and growth of the Philippine Library and Museum Now therefore, as Mayor and City Council of the City of National City, we do hereby proclaim October 18, 2003 as: ' "San Diego Philippine Library & Museum Day" And call on all citizens to recognize San Diego Philippine Library and Museum as a foundation of Filipino learning. -Oee())' Nick Inzunza Mayor Luis Co , cil ember Ron Morrison Councilmember Fideles Un Councilmember Proclamation WHEREAS, The Military Order of the World Wars (MOWW) is a national service organization dedicated to sustaining our great nation, its principles, and blessed opportunities. WHEREAS, The Military Order of the World Wars has nine decades of service promoting national security, patriotism, good citizenship, and service to the. country. WHEREAS, The Military Order of the World Wars is involved in such activities that include an extensive educational program focused on youth, recognizing outstanding cadets with MOWW medals, and presenting a Distinguished Service Award to a recognized patriot. WHEREAS, One of the utmost important ceremonies by The Military Order of the World Wars is the Massing of the Colors. This is a colorful, patriotic and religious ceremony in which "Old Glory" is honred, and the men and women who have served this nation are remembered. WHEREAS, This year marks the 49`h anniversary of the Massing of the Colors and Service of Remembrance Ceremony. Therefore, as Mayor of the City of National City, I do hereby proclaim November 2, 2003 as: "Massing of the Colors and Service of Remembrance Day" And call on all its citizens of the City of National City to join me in recognizing and commending The Military Order of the World Wars for actively working to preserve and maintain the integrity and principles of our country. Nick Inzun a Mayor Fr ice Mayor Ron Mon Councilmember Luis tivid Cou cilme Fideles Ungab Councilmember z. y g '�Yuct�yi T._ 4' it of Xationa, (Its ,) xoclanta#tyan WHEREAS, The Improved Benevolent, Protective Order of Elks of the World was granted a copyright as an organization on September 28, 1898. The Elks is the largest predominately Black fraternal organization in the world, with Lodges and Temples in the United States, Canada, Mexico, West Indies, Virgin Islands, Panama, Alaska, and the Bahamas. WHEREAS, The purpose of the Elks is that the welfare and happiness of its members be promoted and enhanced; the nobleness of soul and goodness of heart Be cultivated so that the principles of Charity, Justice, Brotherly and Sisterly Love be inculcated; that its members and families be assisted And protected; and the spirit of patriotism be enlivened and exalted. WHEREAS, The major departments of the Elks are the Grand Lodge Education Department, History Department, Medical Department, Veterans Affairs Department, National Youth Department, Civil Liberties Department, Antlered Guard Department, and the Hobson R. Reynolds National Shrine Department. Through the efforts of its members and various departments, the Elks sponsor extensive educational scholarship programs, youth summer computer literacy camps, and children with especial needs, parades, and unequaled community services activities throughout the world. - Now therefore, as Mayor and City Council of the City of National City, we do hereby proclaim November 8, 2003 as: "Elks of the World Day" And call on all citizens to recognize Elks of the World as a community services organization throughout the world. Nick lnzun"ia Mayor Ron Morrison Councilmember Fideles Ungab Councilmember 7 WHEREAS, WHEREAS, WHEREAS, WHEREAS, 1,r1Tdamatiuxt Charles Edward Reed has had a long career serving the people, especially young people, in National City. He began his public school teaching career in 1956 and taught exclusively at Sweetwater Union High School and National City Junior High/National City Middle School, for thirty-eight years. Mr. Reed founded and still directs the National City Community Concert Band, which is sponsored by the City of National City, the National City Adult School, and the National City Chamber of Commerce. Mr. Reed served as a Mentor Teacher for several years, and in 1989 was selected as one of three San Diego County Teachers of the year. Mr. Reed has coordinated and provided the music for the Annual Port District Sponsored Concert for National City for the last three years. Now therefore, as Mayor and City Council of the City of National City, we do hereby proclaim November 11, 2003 as: "Charles Edward Reed Day " And call on all citizens to recognize Mr. Reed as a dedicated contributor to the Performing Arts. tivid cilmember Nick Inzunza Mayor Ron Morrison Councilmember Fideles Ungab Councilmember tic City of National City, California COUNCIL AGENDA STATE ENT MEETING DATE November 11, 2003 AGENDA ITEM NO. 1 ITE TITS PUBLIC HEARING -TENTATIVE SUBDIVISION MAP FOR DEVELOPMENT OF 16 -SINGLE-F ILY HOMES, WITH A SEPARATE PARCEL FOR PRIVATE STREETS AND AN OPEN SPACE AREA, ON 1.3 ACRES ON THE EAST SIDE OF N. HIGHLAND AVENUE, APPROXIMATELY 50 FEET SOUTH OF BUCKY LANE. APPLICANT: URBAN INNOVATIONS, LCC. CASE FILE NO. S-2003-4. PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXPLANATION This project is proposed for vacant property on the east side of N. Highland Avenue, approximately 50 feet south of Bucky Lane. The site has been cleared of several substandard houses and a drive-thru dairy. It is currently owned by the Community Development Commission (CDC). CDC has entered into a development agreement with the applicant, and conceptual development plans have been approved. EXT. The Planning Commission held a public hearing on this item at their September 15, 2003 meeting. The attached background report describes the development proposal in detail. Environmental Review X N/A Categorical Exem( Approval Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. AR I1 f COMMISSION RE C ENDATIO Approved By: Finance Director Account No. The Planning Commission recommends approval of the Tentative Subdivision Map Vote: Ayes -Unanimous ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 31-2003 Including Findings and Conditions of Approval 3. Location Map A-200 ( ev.7 Resolution No. 5. Notice of Exemption 6. Department and Agency Comments 7. Application 8. Applicant's Plans (Exhibits A -Revised, B-revised) e BACKGROUND The location of the proposed subdivision is on a 1.3 acre property on the east side of N. Highland Avenue approximately 50 feet south of Bucky Lane. The vacant, rectangular site is zoned General Commercial (CG). It has just over 285 feet of frontage on N. Highland Avenue and is approximately 250 feet deep. The topography of the disturbed, somewhat recently graded site is rather uneven. Community Development Commission (CDC) owns the site. They purchased the site and cleared several substandard houses and a drive-thru dairy from the property. CDC has entered into a development agreement with the applicant, and recently approved the conceptual development plans. The site is surrounded by urban development. There is a bakery and single-family homes adjacent to the north in the CG and the Single -Family Residential (RS-2) zones respectively. Park Villa apartments are located to the east and an open space area associated with the apartment complex is located adjacent to the south in the Multi -Family Residential -Planned Development (RM-2-PD) zone. Diamond Dot Market and a church are located across N. Highland Avenue to the west in the City of San Diego; N. Highland Avenue is the boundary in this area between the cities of National City and San Diego. The applicant proposes to divide the property into 17 lots; 16 of the lots will be for development of single-family homes. The remaining lot will encompass private streets (for access to all of the new lots), six surface parking spaces, and over 3,000 square feet of open space. The private streets will be 20 feet wide, except where it connects with N. Highland Avenue on the north half of the property, where it will be 30 feet wide. The 16 lots proposed for residential single-family development will all be rectangular in shape; they will range is size from 2,129 square feet to 2,934 square feet with an average lot size of 2,546 square feet. Each lot will have between 28 and 43 feet of frontage on a private street. Exceptions from the Subdivision Ordinance have been requested to allow the use of private streets, lot sizes of less than 5,000 square feet and less than 50 feet of street frontage for each lot. Each home will be two -stories tall, and will include an attached two -car garage and a fireplace. There will be two floor plans. Plan 1 will have three bedrooms and three bathrooms and will be 1,379 square feet in size. Plan 2 will have four bedrooms and three bathrooms and will be 1,494 square feet in size. The homes will have gable and hip roofs and a stucco finish and simulated wood siding with three color schemes. All of the homes will have four foot front yard setbacks from the proposed private street and rear yards between 10 and 20 feet deep; the typical rear yard will be between 10 and 13 feet deep. Nine of the sixteen homes will have a one -foot setback on one side, and between six and ten feet on the other side. The garage for each home will be accessible from the private street at the front of each home. An exception has been requested to allow less than required front and side yard setback areas. Site grading is needed primarily to level the property and to provide stable building pads. As part of site grading, precision masonry block retaining walls will be constructed along portions of the south, east and north property lines. The private yard areas and the open space lot will all be landscaped with a mix of groundcover, shrubs and trees. The proposed subdivision and future development of single-family homes is consistent with several General Plan goals, such as the creation of home ownership opportunities and the infill of vacant commercially zoned property with residential development. Additionally, the proposed density of approximately 16 units per acre is less than the 22.9 units per acre allowed under the CG General Plan/Zone designation. Also, the proposed homes are larger than the minimum required unit sizes encouraged by the General Plan. Finally, the proposed development is consistent with the applicable specific plan for this area that requires a minimum five foot setback along Highland Avenue. As noted above, the development achieves several important goals of the City, which would not be possible without the requested exceptions from the subdivision ordinance. However, even with exceptions, the proposed subdivision and development will be quite functional. It will have several characteristics (private streets, small lots, and common open space) typical of a small planned unit development. The development will not infringe upon the use of the commercial property and single-family homes to the north on Bucky Lane, nor upon the apartment complex adjacent to the east, since adequate setbacks from those uses are proposed and since vehicular access to the property will be solely from Highland Avenue. Each home will have a useable, private yard and a two -car garage, and the open space area at the center of the subdivision should be a good amenity for the future residents. The proposed homes comply with Land Use Code requirements and incorporate several elements encouraged by City Design Guidelines. Each home has significant roofline and wall plane variation, and will be constructed of high quality materials, such as simulated wood siding and stucco exteriors. The homes will have a varied exterior appearance, since there are five different architectural exterior treatments (each with minor differences between the exterior architectural details) and three color schemes. Plans show two -car garages that are five inches less than the minimum required 20-foot width; a condition requiring 20-foot interior garage width has been attached. When originally submitted, the Building and Safety Department commented (see attached department comments) that the proposed homes within three feet of a side property line would not meet Building Code requirements; the revised plans, which are attached, fully address this comment and will comply with Building Code requirements. In addition to standard conditions of approval from the Engineering Department and Sweetwater Authority for subdivisions, the conditions from Sweetwater Authority require preparation and submittal of a set of water main design plans. Conditions of approval from San Diego Gas and Electric require the applicant to coordinate with them regarding the possible relocation of an existing utility pole along N. Highland Avenue and to select trees and large shrubs that will not interfere with the overhead transmission lines. Planning Commission held a public hearing on this item at their September 15, 2003 meeting. There was no public testimony, however the Commissioners discussed the subdivision design, the need for reduced setback areas, and the provision of off-street parking. They also discussed the potential affordability of the homes and the fact that the property would not be conducive to commercial development once divided. They voted to recommend approval of the subdivision and initiated a General Plan Amendment / Zone Change from CG to Multi -Family Residential -Planned Development (RM-2-PD) pending approval of the project. RESOLUTION NO. 31-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP FOR DEVELOPMENT OF 16 SINGLE-FAMILY HOMES, WITH A SEPARATE PARCEL FOR PRIVATE STREETS AND AN OPEN SPACE AREA, ON 1.3 ACRES ON THE EAST SIDE OF N. HIGHLAND AVENUE, APPROXIMATELY 50 FEET SOUTH OF BUCKY LANE APPLICANT: URBAN INNOVATIONS, LLC. CASE FILE NO. S-2003-4 WHEREAS, application was made for approval of a tentative subdivision map for on property generally described as: That portion of Lot 69 of the ex -mission lands of San Diego (commonly called Horton's Purchase) in the City of National City, County of San Diego, State of California, according to Map thereof No. 283, filed in the Office of the County Recorder of San Diego County, March 9, 1878. WHEREAS, the Planning Commission of the City of National City considered said Tentative Subdivision Map for development of 16 single-family homes with a separate parcel for private streets and an open space area, on 1.3 acres on the east side of N. Highland Avenue, approximately 50 feet south of Bucky Lane at a duly advertised public hearing held on September 15, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. S-2003-4 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 held on September 15, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the General Commercial (CG) General Plan /Zone designation provides for residential infill development and since the General Plan promotes home ownership opportunities. Also, the proposed subdivision is in conformance with the specific plan for the area that requires a minimum five-foot setback along Highland Avenue. 2. The site is physically suitable for the proposed type of development, since the Preliminary Geotechnical Investigation prepared for the project does not identify any geologic hazards that make the site unsuitable for two-story residential development. 3. The site is physically suitable for the proposed density of development, since the approximately 16 units per acre proposed is less than the 22.9 units per acre allowed in the CG zone, and since the site is located on a major arterial road adjacent to an existing multi -family development. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and since the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the depth (252 feet) of the site makes it impracticable to divide it consistent with the subdivision/development pattern of the nearest residential subdivision. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and future development pattern is compatible with the adjacent commercial and residential properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. BE IT FURTHER RESOLVED that, based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map subject to the following conditions: 1. This Tentative Subdivision Map authorizes the division of six lots into 17 lots, with exceptions for less than required street frontage, creation of private streets, lots of less than 5,000 square feet and reduced front and side yard setbacks. Sixteen of the 17 lots shall be developed with single-family homes, and the lot 17 shall be a common lot that encompasses the private street and open space areas. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B-revised, Case File no. S- 2003-4, dated 8/6/2003. 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. 3. Two -car garages shall have a minimum interior width of 20 feet. 4. The walkway, shown on the above referenced plans, from street D to the south property line shall not be constructed. Landscaping shall be planted in its place. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, surface parking areas, and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 6. 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. 7. 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. 8. 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. 9. 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. 10. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 11. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 12. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the 7 adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Engineering Department requirements. 13. 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. 14. 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. 15. 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. 16. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (25' driveway) shall be replaced with curb, gutter and sidewalks. 17. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction storinwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 18. The final parcel 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. 19. 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. 20. Separate water and sewer laterals shall be provided to each dwelling. 21. 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. 22. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 23. The final map shall be recorded prior to issuance of any building permit. 24. All new property line survey monuments shall be set on private property, unless otherwise approved. 25. 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. 26. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 27. Exterior walls of buildings/ freestanding fences/ retaining walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 28. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 29. The property owner shall submit a set of water main design plans and profile for review and approval by Sweetwater Authority Engineering Department. 30. The property owner shall coordinate with San Diego Gas and Electric regarding possible relocation of a utility pole along N. Highland Avenue. 31. Where there is a possibility for on -site landscaping to interfere with the transmission of overhead lines, trees and shrubs with a mature height of 15 feet shall be use, and they shall not be planted within 10 feet of a utility pole. 32. Prior to recordation of the Final Map 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. 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 Tentative Subdivision Map 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. 33. Approval of the tentative subdivision 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to t. applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 6, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: BACA ABSTAIN: CHAIRMAN 1740 la V, PROPOSED SUBDIVISION ZONE BOUNDARY aiDO 12.) CITY BOUNDARY MaktregM LOCATION MAP Subdivision of a 1.3 acre site into 16 lots for future development with a single-family home on each new lot S-2003-4 NATIONAL CITY PLANNING DRN. DATE: 8/29/03 INITIAL HEARING: 9/15/03 /) SI lb PHOTO NOTICE OF EXEMPTION U — Gregory J Smith Recorder/County Clerk APRY1 6 2003 BY DEPUTY To: 0 Office of Planning and Research P.O. Box 3044, 1400 Tenth Street, Room 222 Sacramento, CA 95814-3044 ❑ County Clerk of San Diego County Project Title: Highland Park Homes From: (Lead Agency) The Community Development Commission of National City 140 E. 12th Street, Suite B, National City, CA 91950-3312 Project Location — Specific: The project site is located on the east side of Highland Avenue between Eta Street on the south and Buckv Lane on the north in the northern portion of the citv1217-249 N. Highland Avenue). Project Location — City: National City Project Location — County: San Diego County Description of Project: The project involves the construction of sixteen (16) single-family detached zero lot -line homes on approximately 1.3 acres of vacant property. The units will be two-story in height with private outdoor space for each unit, three (3) and four (4) bedrooms, and attached garages. Name of Public Agency Approving Project: Community Development Commission of National City Name of Person or Agency Carrying Out Project: Urban Innovations, LLC — developer Exempt Status: (check one) ❑ Ministerial (Sec. 21080(b)(1); 15268); ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a); ❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c); El Categorical Exemption. State type and section number: Categorical Exemption Class 32. CEQA Guideline Section 15332 ❑ Statutory Exemption. State code number: Reasons why project is exempt: The project is exempt from the California Environmental Quality Act (CEQA) because the project meets all of the criteria of CEQA Guidelines Section 15332 In -Fill Development Projects, because the project is consistent with the residential general plan and zoning designations for the property, the site is less than five acres (1.3 acres), the site has no value as habitat for endangered, rare or threatened species (site is vacant), the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. Lead Agency Contact Person: Benjamin Martinez Area Code/Telephone/Extension: 619-336-4256 If filed by applicant: 1. Attach certified document of exemption finding 2. Has a Notice of Exemption been filed by the public agency approving the project? 0 Yes 0 No Signature: Date: H Sign d by Lead --7,_, „„____ ❑ Signed by App]i D IN 1- HE (y tle 19 SAN DIEG( COUNTY ON`_ APR 1 8 i -=OSTED_4PR 1 6 2003 REivIOvE RFTURN't U TO AOSEN' y ON LDEPUTY 4—pri I 1 5j •w 3 Title: 4sSIS�N -f Di rec-to f\ City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 ENGINEERING REQUIREMENTS FOR NEW CONDOS AT HIGHLAND AND BUCKY LANE Date: June 13, 2003 To: Jon Cain, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Burton S. Myers, Director of Public Works/Engin Subject: NEW CONDOS AT HIGHLAND AVENUE AND BUCKY LANE 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 Department. 3. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. jt 411 Recycled Paper Planning Department June 13, 2003 Page 2 4. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 5. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report fmdings and recommendations shall be part of the Engineering Department requirements. 6. 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. 7. 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. 8. 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. 9. Street improvements shall be in accordance with City Standards. Abandoned driveway aprons (25' driveway) shall be replaced with curb, gutter and sidewalks. Planning Department June 13, 2003 Page 3 10. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project (. TENTATIVE MAP REQUIREMENTS 1. The final parcel 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. Separate water and sewer laterals shall be provided to each dwelling. 4. 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. 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall be set on private property, unless otherwise approved. 8. 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: bucky 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: CUP 2003-4 N Highland Ave 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. Specifically openings are not allowed within 3' of the property line. Provide a minimum 3' setback on all sides of the building or eliminate the openings and provide a 1-hour rated wall. NATIONAL CITY N NO DEPARTMENT A Sempra Energy® utility June 5, 2003 Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: File No. S-2003-4 Tentative Map, N. Highland, East of Epsilon Street Dear Mr. Cain: I have reviewed the reduced size plans for the proposed tentative map noted above. San Diego Gas & Electric (SDG&E) has 2 — 69kV overhead electric transmission lines on N. Highland, paralleling this project. It is unclear from the conceptual grading plan if a utility pole is in conflict with Street "A". Additionally, SDG&E requires trees be selected that will reach a maximum height of 15- feet at maturity and be planted a minimum of 10-feet away from poles at maturity to avoid interference with the overhead transmission lines. All irrigation should be placed so as to irrigate away from the poles to avoid wood rot. By copy of this letter, I am requesting the developer to forward full-size sets of preliminary grading and landscape plans to me for review. If you have any questions, please do not hesitate to call me. Sincerely, 4�c.ec�z�/L Kathy Babcock Land Management Representative (858) 654-1271 Cc: Urban Innovations Rodriguez + Simon Design Associates, Inc. Robbins, Jorgensen Christopher Architects SWEETWATER AUTHORrTY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org June 6, 2003 Mr. Jon Cain, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY, 2003 CASE NO.: S-2003-4 TENTATIVE MAP SUBDIVISION FOR SIXTEEN SINGLE-FAMILY DETACHED HOMES AT N. HIGHLAND AVENUE, EAST OF EPSILON STREET, NATIONAL CITY SWA GEN. FILE: WATER AVAILABILITY, 2003 GOVERNING BOARD JAMES "JIM" DOUD. CHAIR W.D. "BUD" POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S. "SKP WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER -v. MARISA FARPON-FRIEDMAN SECRETARY . Dear Mr. Cain: IONAi `s.1C DEr;'rt; y vy This letter is in response to the tentative subdivision map no. S-2003-4 for the sixteen single-family detached homes located on Highland Avenue east of Epsilon Street within the Sweetwater Authority ("Authority") service area. There is an eight -inch water main on the east side of Highland Avenue fronting the subject parcels. The Authority's records indicate that there are three domestic one -inch copper services that serve APN numbers 551-470-19, 25, and 26. Parcel numbers 48 and 15 have a one and one half -inch service that fronts the property through the Delta Park Apartments. Enclosed is a copy of/4 SEC. 131-A map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. The Authority requires that your agency submit a set of water main design plans and profile for review by Sweetwater Authority Engineering Department. A Publiater Agency Serving National City, Chula Vista and Surrounding Areas Mr. Jon Cain, Associate Planner Re: Water Availability - N. Highland Avenue, N.C. June 6, 2003 Page two Please note that the Authority requires a ten -foot horizontal separation between sewer and water laterals. If the Owner pays the appropriate fees, provides required fire flow information, and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 83 p.s.i. to a minimum of 73 p.s.i. If you have any questions, please call Francisco J. Montijo at (619) 422-8395, ext. 643. Sincerely, SWEETJVATER AUTHORi T Y Hector Martinez Deputy Chief Engineer HM:FJM:ss Enclosure: photocopy of SEC. 131-A map Pc: Mr. James L. Hammett 2085 Logan Avenue San Diego, CA 92113 Stevens Cresto Engineering, Inc. 9620 Chesapeake Drive, Suite 107 San Diego, CA 92113 Mr. Donald Condon City of National City Fire Department 333 E. 16th Street National City, CA 91950 I:\engr\Gen\Water Availability\N Highland Avenue East of Epsilon Street.doc tt I IFtrtfilfh`b„,. \L CI'F.°' NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map 7- 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 5 - 2- w S y 11 Filing Fee $ le? t'S— Receipt No. Date Received%AC a g 5 By E.A.F. Required t9/°` 5 Fee $ SW Related Cases A2.2 3 -3 SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 551-470-15, 17-19, 43 & 48 PROPERTY LOCATION N. HIGHLAND AVE. EAST OF EPSILON ST. COMBINED GENERAL PLAN/ZONING DESIGNATION MIXED USE—CG/RS-2 Tentative Parcel/Subdivision Map Application Revised March, 2003 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: STEVENS CRESTO ENGINEERING, Name: INC. Signature ( Signature (Sign a ac ledges that this (Signature acknowledges that this plication is being filed) application is being filed) Address: 9620 CHESAPEAKE DR., #107 Address: SAN DIEGO, CA 92123 Phone No. 858-694-5660 Phone No. Fax No. 858-694-5661 Fax No. Date: 5/20/03 Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). JAMES L. HAMMETT for Name: 1RB, N INN =TIONS, LLC Name: Signatur �'j:� WAWA Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 2085 LOGAN AVENUE Address: SAN DIEGO, CA 92113 Phone No. 619-234-2582 Phone No. Fax No. 619-234-3025 Fax No. Date: 05/20/03 Date: Tentative ParceUSubdivision Map Application Revised March, 2003 APPLICANT Name: JAMES L. HAMMETT for URBAN INNOVATIONS, LLC (Please type or print) aratagam • Signature: .10111��Womb (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2085 LOGAN AVENUE SAN DIEGO, CA 92113 Phone No. 619-234-2582 Fax No. 619-234-3025 Date: 05/20/03 Tentative Parcel/Subdivision Map Application Revised March, 2003 Chairman Nick lnzunza Members Ron Morrison Luis Natividad Frank Parra Fideles Ungab Executive Director Paul Desrochers April 23, 2003 NAL;ONAL Ol i .-a NNGNG DEPARTMENT 40/IN Preserving History... Shaping the Future Community Development Commission of National City Roger Post, Planning Director City of National City 1243 National City Boulevard National City, CA 91950 SUBJECT: North Highland Property located between Eta and Bucky Lane Dear Mr. Post: The purpose of this letter is to advise you that the CDC supports the creation of a subdivision map for the development of 16 single-family homes on the above - subject property owned by the CDC. The developer, Urban Innovations, Inc., received final approval of a Disposition and Development Agreement on April 16, 2003 to develop this project. incerely, en Martinez Assistant Directo 40 East 12th Street, Suite B National City, California 91950-3312 Phone (619) 336-4250 Fax (619) 336-4286 www.ci.national-city.ca.us City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 11, 2003 AGENDA ITEM NO. 2 /ITEM TITLE PUBLIC HEARING - CONDITIONAL USE PERMIT FOR A PRIVATE EVENT HALL AT 1830 SWEETWATER ROAD IN THE SWEETWA1hR TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: BBB, INC.) (CASE FILE NO.: CUP-2003-21) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. The project site is located at 1830 Sweetwater Road in the Sweetwater Town and Country shopping center, in the former bowling alley, at the rear of the center adjacent to Bally's Total Fitness. The property owner has been unsuccessful in attracting a retail use to the long vacant building. Planning Commission held a public hearing on this item at their October 6, 2003 meeting. The City Council set this item for public hearing at their meeting on October 21, 2003. The attached background report describes the development proposal in detail. EXPLANATION CEnvironmental Review Financial Statement N/A X N/A Categoncal Exemption MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD L COMMIS1 N RE C MENDATI N The Planning Commission approved the Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Pruitt, Graham Absent- Baca ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 34-2003 Including Findings and Conditions of Approval 3. Location Map A-200 ( ev. lfte Photographs Resolution No. 5. Notice of Exemption 6. Department Comments 7. Applications 8. Applicant's Plans (Exhibit A, Case File No. CUP-2003-21) BACKGROUND REPORT The proposed project is located at 1830 Sweetwater Road in the 24 acre Sweetwater Town and Country shopping center. The center is zoned General Commercial -Planned Development (CG-PD). The former bowling alley building, which has been vacant for almost seven years, is located at the rear of the center (south side) adjacent to Bally's Total Fitness; it is most easily accessed from the Sweetwater Road driveway adjacent to Starbucks. The building is partially isolated from the rest of the center by a drainage channel, on the north side. There are approximately 130 parking spaces located adjacent to the building. Nearby uses, all within the shopping center, include Bally's Total Fitness adjacent to the east, Longs Drug Store to the north, and other various commercial uses to the west. State Route 54 is adjacent to the south of the site. The applicant proposes to remodel the interior of the former bowling alley. The remodel, which will be done in phases, will create a total of 30,000 square feet of private event space. The first phase will include the improvement of one approximately 10,000 square foot event space, a showroom, renovation of the entry hall, and restrooms. The second and third phases will entail the creation of two additional 10,000 square foot event spaces, and a catering area. The private event hall will be used for weddings, parties, meetings, quinceaneras and other similar events. The applicant would like to expand her business to this location, since her existing facility, located in south San Diego on Palm Avenue, is fully booked into 2005 (see attached photos showing the existing facility). Event packages including event coordination, photography, limousine service, event security, catering, and bartending will be offered. Typically 350 to 400 people will attend the events; the largest event the applicant has hosted was for 800 people. The facility will be available on Friday, Saturday and Sunday evenings from 6:00 p.m. to 1:00 a.m. Additionally, the applicant expects to occasionally receive bookings for meetings during the week. If clients choose to have alcohol at their events, the applicant will provide bartenders and beverage servers from 7:00 p.m. and 12:00 a.m.; however, the client must obtain a one -day license from Alcohol Beverage Control (ABC) in order to provide the alcohol. The proposed use will put a large commercial building, which has been vacant for over seven years, back into use as encouraged by the General Plan. With interior tenant improvements, the 40,000 square foot former bowling alley will be a very suitable structure for a private event hall. Since the building is located in an existing shopping center, the Land Use Code does not require parking for the individual use, but rather for the entire center. The use could generate significant parking demand, especially when phases II and III are completed and just over 30,000 square feet of assembly area is available. Without appropriate management this could, on occasion, adversely affect other businesses in the center. According to the center's property manager, parking is not anticipated to be a problem, since the center has a considerable number of parking stalls. Although the center was built in phases over 20 years ago, it still exceeds the ratio of parking stalls to floor area (1 space per 200 square feet of floor area) currently required for new shopping centers by the Land Use Code. Additionally, the manager has indicated there are several ways they could address any future parking problems, such as required valet parking for events over a certain size. Also, the shopping center layout and hours of operation (non -peak business hours) further reduce the potential for parking conflicts. Conditions restricting events over a certain size to evenings, and requiring signs within the center to direct patrons of the event hall to the parking areas adjacent the building have been attached. J Traffic generated by the use can easily be accommodated by Sweetwater Road, a prime arterial road with a capacity of 50,000 Average Daily Trips (ADT) and a current volume of less than 22,000 ADT. No modifications to traffic signals or other public improvements are required. Despite the fact that the applicant is not selling alcohol, alcohol may be part of many of the events held at the site as previously described. Therefore, the National City Police Department has recommended several conditions to ensure the public safety. The conditions consist of following: • Notify the Police Department seven (7) days in advance of any event at which alcoholic beverages will be served, and allow the Police to inspect such events. • Require Responsible Beverage Service Training for all those who will serve alcoholic beverages. • Prohibit consumption of alcoholic beverages outside of the building. • Provide security guards; one guard per every 100 guests, and at least one guard inside the building and one outside in the parking lot. • Prohibit the sale of alcoholic beverages during any event. • Require the catering manager to post the one -day ABC license in a public place. • Require review of the business for compliance with conditions of approval after the first year of operation. The applicant has indicated that they provide security and responsible beverage service training at their existing facility, and would also do so in their proposed location. Planning Commission held a public hearing on this item at their October 6, 2003 meeting. Although there was no public testimony, the commissioners discussed the consumption of alcohol on -site, event security and the availability of parking within the center. They approved the Conditional Use Permit, finding tthat the large commercial building is suitable for the proposed event hall, and that with specific conditions of approval regulating the consumption of alcohol and times of operation, it should not have an adverse effect on nearby businesses in the center. 2 RESOLUTION NO. 34-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE EVENT HALL AT 1830 SWEETWATER ROAD IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: BBB, INC. CASE FILE NO. CUP-2003-21 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a private event hall at 1830 Sweetwater Road in the Sweetwater Town and Country Shopping Center at a duly advertised public hearing held on October 6, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2003-21, 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 October 6, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 40,000 square foot building in the 30 acre shopping center is appropriately designed for a private event hall, and since adequate parking is available in the center for the existing commercial use plus the proposed event hall. 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 Sweetwater Road, a prime arterial road with a capacity of 50,000 Average Daily Trips (ADT) and a current volume of less than 22,000 ADT, can accommodate the trips generated by the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the private event hall will be housed in a former bowling alley building within the fully developed and professionally managed Sweetwater Town and Country shopping center, and since the non -peak business hour operation of the event will minimize potential parking conflicts within the center. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the 40,000 square foot former bowling alley building will be put back into use after remaining vacant for over seven years, and since the applicants will be able to serve the many potential clients they could not otherwise serve at their existing Southbay event hall, which is fully booked into 2005. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a private event hall at 1830 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2003- 21, dated 8/21/2003. 2. Event hours for groups of over 400 shall be limited to Friday, Saturday and Sunday evenings between 5:00 p.m. and 1:00 a.m. 3. Adequate directional signage within the shopping center shall be provided subject to approval by the Planning Director. 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. All persons who will be serving alcoholic beverages shall receive and complete training in Responsible Beverage Service. 6 No consumption of alcoholic beverages or possession of open alcohol beverage containers shall be allowed outside of the building where the event is held. 7. When alcoholic beverages are served, the facility shall have a minimum of two licensed, uniformed security guards. Additional security guards shall be on site as required to maintain an on -site ratio of one security guard for every 100 guests inside the building. At least one security guard shall be inside the building and one security guard is to patrol the parking lot to prevent consumption of alcoholic beverages in the parking lots and surrounding areas. 8. The Police Department shall be notified seven (7) days in advance of any event at which alcoholic beverages will be served. The Police Department will be allowed access to inspect such events. 9.. The sale of alcoholic beverages during any event is prohibited. 10. The catering manager shall have the one -day ABC license posted in a public place. 11. Review of the business for compliance with conditions of approval shall occur after the first year of operation of the business. 12. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed. upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 13. 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. 14. No events requiring paid admission shall be held. 15. The facility shall not function as an entertainment venue. Concerts, wrestling matches, etc. shall not be held. 16. The facility shall remain incompliance with the Noise Ordinance (Title 12) of the Municipal Code. 17. Repeated occurrences of unruly behavior shall constitute grounds for revocation of this permit. 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 October 6, 2003, by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: ABSTAIN: BACA MID sviee-rwATER ROAD crTY NTY OF SAN STAT RO( 54 PROJECT LOCATION AY CITY BOUNDARY ZONE BOUNDARY OS 100 0 100 Feet rW"'"1 MS OM ORD LOCATION MAP Private Event Hall at 1830 Sweetwater Road CUP-2003-2 NATIONAL CITY PLANNING DRN. DATE:. 9/24/03 INITIAL HEARING: 10/6/03 SITE PHOTOS :7-AR:AZI4SIZZZ.517. ' TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Project Location: Center Contact Person: CUP-2003-21 1830 Sweetwater Road, in the Sweetwater Town & County Shopping Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a private event hall. Applicant Name and Address: BBB Inc./Blanca Nieto 1770 Palm Avenue San Diego, CA 92154 Telephone Number: (619) 575-0937 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal would permit a private event hall within an existing shopping center. There will be no physical expansion of the existing structure as part of this project. Date: ANDREW HOSKINSON ASSISTANT PLANNER PP led Panel' September 16, 2003 TO: Andrew Hoskinson, Associate Planner FROM: Ray Allen, Lieutenant 2,S N SUBJECT: C.U.P. 2003-21 NATIONAL CITY PLANNING DEPA I have reviewed the C.U.P. for 1830 Sweetwater Road. When I received the information from you, I called A.B.C. to determine the licensing requirements for an establishment that is being proposed. I was directed to Business and Professions Code Section 23399.1. This section states a license is not required when there is no sale of an alcoholic beverage, the premises are not open to the general public, and the premises are not maintained for the purpose of keeping, serving, consuming, or otherwise disposing of alcoholic beverages. There are some conditions that the Police Department would like on the conditional use permit to assist us in any event where alcoholic beverages will be served. These conditions are listed below: All persons who will be serving alcoholic beverages should receive training in Responsible Beverage Service. No consumption of alcoholic beverages outside of the building where the event is held. In any event that alcoholic beverages are served, the facility should have security guards. The recommended ratio is one security guard for every 100 guests inside the building. At least one security guard should be inside the building and one security guard to patrol the parking lot to prevent consumption of alcoholic beverages in the parking lots and surrounding area. The Police Department may come into inspect without prior notification during any event that has alcoholic beverages served. The Police Department should be notified seven days in advance of any event where alcoholic beverages will be served. No sale of alcoholic beverages of any kind during any event. The catering manager shall have the one -day ABC license posted in a public place for inspection by law enforcement officers during inspections. A one-year permit to review the applicant's compliance with the conditions of the C.U.P. If you have questions, please call me at (619) 336-4514. City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: September 11, 2003 To: Planning Dept. From: Jeff Burriss, Deputy Fire Marshal Subject: 1830 Sweetwater Rd. The fire dept. has no problem with this building being used for the proposed purpose. When formal plans are submitted to the Building & Safety Dept. there may be some plan corrections required. Rervrled Patter APPLICATION for NATIONAL CITY, CALIFORNIA Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number CAJ i' ® 9 7 3 ` a1 Filing Fee $ 32-5- Recei No. Date Received 17 By E.A.F. Required (A Fee $ Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) PROPERTY LOCATION IT .-C* : ›ee Gc rp No. Street between H'Uji cC .5 and COMBINED GENERAL PLAN/ZONING DESIGNATION �a Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 05;2U;03 WED 17:51 FAA B19 525 2973 FROM : P[C 1EER IND 05/2O/O3 WD 15:12 BU'RNHAM FAX hU. 9 21,3 353 0548 J0HN BURNBdi MST ReWarnlbAspastis totpasoa Caseload Voe Dordopoloat Rook (C.lQlllr tL126), or (avow t$ ioono forabovedrroetbrt tM Mom �t+iuM0111611101) ofw� bwtidri s mac Oro `` 'lar-e- swarm 4;. tsdatmsdipw did Ogg orWoo Notl) + +te Awes Moo No. Fait No. Deli: IOd .19lr-'' hoot Aug, 20 2003 04:32PM P2 Moos AldE 52 11.114 Road for artMaras 4 moms did to APPLICANT Name: Twit- rL1e+0 (Please type or print) Signature: (Si ature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). / 7'70 Mr/in A& Address: Phone No. (Opi 3) ``5s7f 0537 Fax No. C (PO) 575 " 09,37 Date:Uf a2i3 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 E:C I TT "A.; I ", Legal.. De®cript-ton PARCEL A: LOTS 1, 3, 4, S, S, i'LL 6, 9 AND 11 or SWEETRATER TOWN Ia CW CENTER, IN THE C:XTY or NATIONAL CITY, COUNTY OF SAN OIECO, CAI.SFCSRntA, ACCORDING TO MAP THEREOF O. 8432, FILED IN T COUNT\ RFCDRDER OF SAN DIF:CO COUNTY, DECEMBER 10, 1976. PARCEL 6: FACLLS 1 AND 4 OF PARCEL MAP NO. 12663, IN THE CITY OF N CCUNTY OF SAN D'rFCO, STATE OF CALIFORNIA, ACCORDING TO MA' IN THE OFFICE OF TH£ COUNTY RECORDER OF SAN DIEGO GOUTY, PP.F.CBL C: WOO-EY.CLUSIVS EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGKE AND PARKING OF MOTOR VEHICLES OVER LOT 10 OF SWEETWATER TO SHOP?IN0 CENTER IN THE CITY OF NATIONAL CITY, COUNTY OF S OF cALIFORJIA, ACCORDING TO MAP THEREOF NO. 6432, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1976 PARCELS 2 AND 3 OF PARCEL MAP NO. 12603, IN THE CITY OF NA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY TOGETHER WITH AN EASEMENT FOR INETALLATION,.1'.AINTENANCE AN! USE OF MONUMENT SIGNS OVER, AND AN EASEMENT FOR REPAIR, MA NOii-EXCLUSIVE ADVERTI.iiING AND DECORATIVE PURPOSES OF THE E TowER LOCATED UPON SAID LOT 10 AND AN EASEMENT FOR INSTAL MAINTENANCE AND N0N-EXCL"JSIVE USE OF PYLON SIGNS OVER SAID PARCELS 2 AND 3, ALL AS SET FORTH AND CONTAINED IN THAT CE DECW;EcATION OF RE9TRICTIoNS AND GRANT OP EASEMENTS DATED D ASO RECORDED DECEtt6ER 20, 1076, RECORDER'S FILE NO. 76-437" 3UPPLEMENTEU AND AMENDED BY THAT CERTAIN SUPPLEMENTAL DECT RESTRICTIONS AHD GRANT OF EASEMENTS RECORDED MARCH 10, 1993 FY:i.E NO. 23-076025, AND BY THAT CERTAIN SECOND SL'PF'LEMON'fiAI, ' ZSTRICTIOM5 AM3 GRANT OF RASEMESi'l.3 RECORDED NOVEP?B.ER 1, 19, 99-412013E. EXH.IEL'r "A.•_i" NTRY SHOPPING STATE OF OFFICE OF 'ICNAL CITY, THEREOF FILFD RCN 7, 1963. S AND EGRESS N & COUNTRY N DIEGO, STATE THE OFFICE OF AND OVER TONAL CITY, THEREOF PILMO RCH 7, 1967, NON-EXCLUSIVE ENANCE AND STING WA'PER• ION, -AT 10 ANO LAIN EMBER 14, 1976 9, AS TTON OF RECORDER'S OCCLAPATION OF 5 AS FILE N;. Fiesta Hall & Blanca's Bridal Bazaar 1770 Palm Ave 311 Broadway San Diego 92154 Chula Vista 91910 (619) 575-0937 (619) 427-7561 Mr. Rogea- Post City of National City 1243 National City Boulevard National City, Ca. 91950 August 19, 2003 Dear Mr. Post: My name is Blanca E. Nieto aka B.B.B. Inc. I am currently renting the property located in the Town & Country Center located at 1830 Sweetwater Road in National City. My ojective for the property is to do specail events. For example, Weddings, XV anos, Baptisms, Anniversarys, Birthday Partys, Graduations, Reunions, Meetings, Christmas Parties, Festivals, and Catering. We coordinate all these special events such as choosing the right colors, choosing the right flowers, decorations, setting appointments with the Fotographer, Videographer, Disc Jockey, Master of Ceremonies, etc. We also specialize in outside catering and offer all these services. In all of our events the clients are allowed to bring their own alcoholic beverages such as beer, wine, hard liqour and mixed drinks. We provide the bartenders for every event which their job is to prepare all the drinks and check every guests ID if they are under 21 years of age. The amount of hours that we serve the alcoholic beverages are only five hours (7:00pm - 12:00am). We also have security guards at every event (1 guard for every 100 guests) and they supervise from the beginning of the event until the end We always have a guard at the entrance to make sure every guest that is invited has an invitation to go in that way we don't have anyone who was not invited to come in. At this time we are located at 1770 Palm Ave San Diego, Ca which is Fiesta Hall 1, our main office. We also have a Bazaar, which is located at 311 Broadway in Chula Vista. That location offers Tuexedos, Invitations, Photography and other services for your speacial events. The reason we are interested in getting another location is because we are booked until the year 2004 and we have a waiting list of people who want us to cater their special events. I have been in this business for over 28 years. The busniess has grown rapidly and about two years ago we made our business into a coorporation. Our office hours are Monday thru Friday 10:00am to 7:00pm, Saturdays 10:00am to 5:00pm and closed Sundays. Our event hours are from 6:00pm to 1:00am. This could be a good oppurtunity for the city of National City and the community. It will bring a lot of revenue to the city for example, hotels will be renting for guests out of town, the shopping malls will be used for buying formal wear etc. This is a project that will benefit everyone. We hope we can get your help to get this done soon so we can start on peoples special events. If you have any questions please feel free to call me at (619) 575-0937. Thank You, l0 ITEM #3 11/11/03 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd MEETING IRATE ITEM TITLE City of Nationai City, California COUNCIL AGENDA STATEMENT 11/11. /03 AGENDA ITEM NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING STAFF TO INVOKE SECTION 17, "EXTENSION", OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE PREPARED BY Walter Amedee, EXPLANATION Management Analyst II DEPARTMENT Fire The City's Ambulance Services Agreement with American Medical Response (AMR) will expire on November 30, 2003. AMR, at no cost to the City, has been providing basic and advanced life support ambulance transportation services to the City since October 1, 1987. As a contingency measure and to ensure that ambulance services to the City are not interrupted, Staff is requesting permission to invoke Section 17 entitled "Extension". of the agreement. This section allows the City to unilaterally extend the agreement twice for one (1) year periods if needed. Each one (1) year extension requires the mutual consent of both parties to extend the Contract Term. Attached are copies of correspondence to and from AMR seeking and receiving concurrent agreement approving the enactment of the first one (1) year extension. With the approval of this Resolution, a written notice will be sent to AMR on or before November 30, 2003 enacting the first one (1) year extension. Environmental Review N/A Financial Statement No financial impact; the Ambulance Services Agreement is a fee for service with no City revenue subsidy. STAFF RECOMMENDATION LBOA.REP / COMMISSION RECOMMEN 9AT!ON N/A Account No. Authorize Staff to implement Section 17 of the AMR Ambulance Services Agreement to ensure the continued delivery of ambulance services to the City. ATTACI4MENTS ( Listed D 1pw „ Resolution n No. 2003-152 1. Resolution authorizing e city s e Chief to invoke Section 17, Extension . 2. Current Ambulance Services Agreement, Section 17, "Extension" (page 37). 3. Letter dated 09/17/03 to AMR seeking extension of the current Ambulances Services Agreement. 4. Letter dated 09/18/03 from AMR concurrently agreeing to extension. A-230 silo; RESOLUTION NO. 2003 — 152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE CITY'S AMBULANCE SERVICES AGREEMENT WITH AMERICAN MEDICAL RESPONSE FOR BASIC AND ADVANCED LIFE SUPPORT SERVICES WHEREAS, on October 1, 1987, the City and Hartson Medical Services ("Hartson") entered into an agreement entitled "Agreement between the City of National City and Hartson Medical Services for Basic and Advanced Life Support Services". Said Agreement has been assigned to Med-Tans, dba American Medical Response ("AMR"); and WHEREAS, the term of said Agreement was subsequently extended on May 21, 1996, March 21, 2000 and November 14, 2000, with the current term of said Agreement to expire on November 30, 2003; and WHEREAS, the City and AMR now wish to extend the Agreement for an additional one-year period, pursuant to Section 17 of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a written notice extending the Agreement between the City of National City and AMR for Basic and Advanced Life Support Services, up to and including November 30, 2004. Passed and adopted this 11`h day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney a reduction in net revenues from those received under the rate structure described in paragraph "A" above, AMR shall be allowed to increase rates sufficient to fully recover the net revenue lost within the City of National City by the changes in Medicare Reimbursement rates or methodology. Such rate increases will take affect thirty (30) days after such notification to CITY and shall be based upon the impact from the prior fiscal years actual collections. In the event the increases required to offset the loss of revenue from the Medicare Reimbursement changes are greater than the statewide mean rates outlined above, the rates AMR implements to offset the financial impact of the Medicare adjustments shall supercede the statewide ambulance system rates above until such time as the statewide mean rates are equal to or greater than the Medicare adjusted rates. III. Section 17, Page 37 shall be deleted in its entirety. In lieu thereof, the following shall be inserted. Section 17 - EXTENSION Upon the execution of this amendment the term of this agreement shall be extended for a period of three additional years beyond the current expiration date of November 30, 2000, provided that either party may, at any time during the extended term, cancel this extension by (A) giving one - hundred eighty (180) days prior written notice of such cancellation subject to the conditions found in Section A.1 below: Or, (B) with mutual consent of both parties two additional extension periods of one year each shall be implemented. Section II — Additional Responsibilities - In addition, AMR agrees to the following: 1. Subject to the provisions of sub -paragraph "2" below, AMR shall provide CITY with a loan over the term of this agreement to meet CITY's costs of establishing and providing ALS First Responder Capability. AMR shall, upon request of CITY, provide CITY with a maximum of three annual loan installments based on CITY'S actual costs of establishing and providing an ALS First Responder Capability. The First such installment shall not exceed the amount of $17,420. The second annual installment shall not exceed the amount of $20,290, and the third annual installment shall not exceed the amount of $23,360. Such installments shall be made upon request of CITY at their sole discretion. However, AMR shall not be obliged to provide loan funding if such request follows, or comes within ninety (90) days of receiving a Notice of Termination of this agreement from CITY. l City of National City Fire Department 333 E. 16th St., National City, CA 91950-4507 Phone: (619) 336-4550 Fax: (619) 336-4562 September 17, 2003 Mike Murphy, Vice President of Operations American Medical Response 8808 Balboa Avenue, Suite 150 San Diego, CA 92123 Dear Mr. Murphy, The purpose of this letter is to inform you of the City of National City's intent to exercise Section 17 of our current agreement. The City of National City with the mutual agreement of American Medical Response is seeking the extension of the current Ambulances Services Contract for an additional one (1) year period beginning December 1, 2003. In accordance with Section 17 of the Contract, both parties are to mutually agree upon an extension. To ensure uninterrupted ambulance services to the City, I feel compelled to implement this extension. Please respond by September 29, 2003 so I may take the necessary actions to insure continued Paramedic and Ambulance Services to National City. If you have any questions please contact me directly at (619) 336-4552. Sincerely, Lao Donald Condon, Acting Fire Chief Copy: NCFD file Recycled Paper AMERICA'N MEDICAL RESPONSED. . September 18, 2003 Donald Condon, Acting Fire Chief National City Fire Department 333 E. 16th Street National City, CA. 91950-4507 Dear Chief Condon: I am in receipt of your letter dated September 17, 2003 and, pursuant to Section 17 of the contract by and between the City of National City and American Medical Response (AMR), we concurrently agree to exercise the option to extend this contract for one (1) year period beginning December 1, 2003. AMR is looking forward to the continuation of this partnership. Please do not hesitate to contact me directly if there are any questions, concerns or if AMR can be of any assistance to you and your department. Sinceyely, M' hael M rphy D rector of Operations AMR -San Diego 3 RROR RaIhna Avani iP 1ino 9 Rf1 Can nF.en C0 02122 MEETING DATE 11 /1-1 /03 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 5 ITEMTITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT BE1'WFEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INCORPORATED FOR TEMPORARY FACILITIES DURING CONSTRUCTION OF THE NEW HEADQUARTERS FIRE STATION PREPARED BY Randy Kimble, DEPARTMENT City Manager Assistant to the City Manager EXPLANATION The Fire Department will require temporary facilities during construction of the new fire station. The temporary facilities will consist of five (5) modular buildings and will be located at the Public Works Facility. The modular buildings will be leased and the total price will include delivery, set-up, and related services provided by the leasing company. Selection of Modular Building Concepts, Incorporated as the provider was based on total costs including monthly lease payments and associated delivery and set-up costs. Refer to Attachment "A", Cost Model Analysis. The term of the lease is twelve (12) months with a month -to -month lease option not to exceed six (6) months. Twelve (12) month lease cost including damage waiver is $38,124. Delivery, set-up and related costs, including tax, are $39,834. The units will be delivered and set-up during the week of December 1 — 5, 2003. The Fire Department will move operations from the Headquarters Fire Station to the temporary facility on January 12, 2004. Environmental Review x NIA Financial Statement Funds in the amount of $77, 958 for a twelve (12) month lease are available in account #250-409-500-598-1588. 12127 TAFF RECOMMENDATION Approve Resolution. d Pprfbasing Agent -.. �v� fc/a}/0 Donald Condon, Acting Fire Chief SOAR®I COMMISSION RECOMMENDATION N/A AT TACT MENTS ( Listed (Below ) A. Cost Model Analysis. B. Agreement between the City of National City and Modular Building Concepts, Inc. C. Resolution authorizing the Mayor to sign a Lease Agreement with Modular Building Concepts, Inc. Account No. Steve Kirk a Actili Public Works Du. 1�� g ck Res;o2003-1 93 A-200 (9/80) RESOLUTION NO. 2003 —153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MODULAR BUILDING CONCEPTS, INC. TO PROVIDE TEMPORARY MODULAR BUILDINGS WHEREAS, the CITY desires to employ a CONTRACTOR to provide temporary modular buildings for the establishment of temporary fire station facilities during construction of the new fire station headquarters; and WHEREAS, the CITY has determined that Modular Building Concepts, Inc. is a provider of modular buildings and is qualified by experience and ability to perform the services desired by the CITY, and Modular Building Concepts, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with Modular Building Concepts, Inc. to provide temporary modular buildings for the establishment of temporary fire station facilities during construction of the new fire station headquarters. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 11th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Modular Buildings - Temporary Fire Station 10/20/03 Two quotes received with a 36 x 60 unit(s) including kitchen, bath, dorm area modeled for cost analysis. uiiding Concepts Unit Function Unit Size Square Feet Rent/Term months Mo. Rent Delivery Set-up Damage Walver/M o Seismic Tie Downs Skirting Occ Rating Offices/Day Rm 12 x 60 720 12 345 235 125 34 1,260 1,800 B-2 Storage 12 x 40 480 12 295 235 95 29 840 1,300 n/a Storage 12 x 40 480 12 295 235 95 29 840 1,300 n/a Kitchen/Dine/Dorm 24 x 60 1,440 12 1,955 700 3,248 195 2,660 3,900 B-2 Restrooms/Showers/Locker 12 x 60 720 ;;; , B-2 Misc platforms/stairs, etc 11,490 Sub Totals 3,840 $ 2,890 $ 1,405 $ 15,053 $ 287 $ 5,600 $ 5,887 Total 12 Month Costs (rent/damage waiver) $ 38,124 Sub Total 72,351 Delivery/Set- up/Skirting/Steps/Seismic tie downs $ 27,945 Tax 5,607 Dismantle/Removal 6,282 Grand Total 77,958 Availability: 30 days Kitchen/Dine/Dorm 36 x 60 2,160 18 4,685 1,542 3,218 Not Avail 2,060 1,747 R-3 Restroo / ke ms/Showers Loc r ............ Availability: 72 Days with kitchen, bath & dorm areas: Modular Concepts 36 x 60 2,160 12 1,955 700 14,738 195 2,660 3,900 Mobile Modular 36 x 60 2,160 18 4,685 1,542 3,218 Not Avail 2,060 1,747 Cost Modeling on a 36 x 60 Kitchen, bath, dorm area unit @ 12 Month Lease period with setup: Totals Modular Concepts 23,460 700 14,738 2,660 3,900 45,458 Mobile Modular 56,220 1,542 3,218 2,060 1,747 64,787 y;aatuve;;y epaaSy AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INC THIS AGREEMENT is entered into this 11th day of November 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Modular Building Concepts, Inc ( "MBC"). RECITALS WHEREAS, the CITY desires to obtain temporary modular buildings for the establishment of temporary fire station facilities. WHEREAS, the CITY has determined that the MBC is a provider of modular buildings, and is qualified by experience and ability to install and rent modular buildings. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage MBC to install modular buildings of the CITY's Public Works Facility, to rent said modular buildings to the CITY, and to remove said modular buildings upon the expiration of the rental period. MBC represents that all services required hereunder will be performed directly by MBC or under direct supervision of MBC. MBC agrees that it shall have a licensed sub -contractor deliver and install the modular buildings 2. SCOPE OF SERVICES. MBC will provide all modular buildings and perform services as set forth in the attached Exhibits "A" — "G". MBC shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from MBC, from time to time reduce or increase the Scope of Services to be performed by MBC under this Agreement. Upon doing so, the CITY, and MBC agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 30% from the base amount. Agreement between the City of National City and Modular Building Concepts, Inc. 3. PROJECT COORDINATION AND SUPERVISION.. Fire Chief Donald Condon hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. MBC shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for MBC. Mr. Ken Kerper, President thereby is designated as the Project Director for MBC. 4. COMPENSATION AND PAYMENT. The compensation for MBC shall be based on monthly billings covering actual work performed and lease costs. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit's "A" — "G" shall not exceed the schedule given in Exhibits "B" — "F" (the Base amounts) without prior written authorization from Fire Chief Donald Condon. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" — "G" as determined by the CITY. MBC shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. MBC and the CITY acknowledge that this Agreement is subject to the prevailing wage requirements of the California Labor Code. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by MBC for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement, upon request of the CITY. Contemporaneously with the transfer of documents, MBC hereby assigns to the CITY and MBC thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. MBC shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. MBC agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize MBC's written work product for the CITY's purposes, and MBC expressly waives and disclaims any residual 2 Agreement between the City of National City and Modular Building Concepts, Inc. rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by MBC shall relieve MBC from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither MBC nor MBC's employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of MBC and MBC's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of MBC and its employees. Neither this Agreement nor any interest herein may be assigned by MBC without the prior written consent of the CITY. Nothing herein contained is intended to prevent MBC from employing or hiring as many employees, or subcontractors, as MBC may deem necessary for the proper and efficient performance of this Agreement. All agreements by MBC with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of MBC or any of MBC's employees except as herein set forth, and MBC expressly agrees not to represent that MBC or MBC's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that MBC, its agents, servants, and employees are as to the CITY wholly independent contractors and that MBC's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. MBC, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. MBC, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. MBC represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. MBC represents and covenants that MBC shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for MBC to 3 Agreement between the City of National City and Modular Building Concepts, Inc. practice its profession. Prior to installation of the modular buildings, MBC shall obtain all necessary building permits and related permits from the CITY. 11. STANDARD OF CARE. A. MBC, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of MBC's trade or profession currently practicing under similar conditions and in similar locations. MBC shall take all special precautions necessary to protect MBC's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, MBC warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning MBC's professional performance or the furnishing of materials or services relating thereto. C. MBC is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project MBC has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless MBC has notified the CITY otherwise, MBC warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by MBC to use due diligence under this sub -paragraph will render MBC liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. MBC shall not discrimi- nate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. MBC will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. MBC agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to MBC certain confidential information to enable MBC to effectively perform the services to be provided herein. MBC shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. MBC shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the 4 Agreement between the City of National City and Modular Building Concepts, Inc. information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of MBC, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of MBC without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to MBC by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. MBC shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, MBC shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. MBC shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. MBC agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of MBC's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. MBC shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by MBC under this Agreement. 16. INSURANCE. MBC, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: [] A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. 5 Agreement between the City of National City and Modular Building Concepts, Inc. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of MBC's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, MBC shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agree - Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If MBC does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. ment. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the 6 Agreement between the City of National City and Modular Building Concepts, Inc. Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60- day's written notice to MBC. During said 60-day period MBC shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by MBC in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to MBC as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by MBC, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and MBC shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by MBC's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting MBC; (2) a reorganization of MBC for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of MBC. F. In the event the CITY terminates this Agreement without cause, MBC shall be paid all rent and other charges specified in this Agreement, up to the date the modular buildings are removed. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by 7 Agreement between the City of National City and Modular Building Concepts, Inc. registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To MBC: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Kenneth Kerper, President Modular Building Concepts. Inc. 12580 Stotler Court Poway, California 92064 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, MBC shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. MBC also agrees not to specify any product, treatment, process or material for the project in which MBC has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. MBC shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. MBC shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which MBC has a financial interest as defined in Government Code Section 87103. MBC represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, MBC shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, MBC shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which MBC shall obtain from the City Clerk. 8 Agreement between the City of National City and Modular Building Concepts, Inc. MBC shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by MBC. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement, together with all attached exhibits, supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against 9 Agreement between the City of National City and Modular Building Concepts, Inc. the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MODULAR BUILDING CONCEPTS, INC. (Two signatures required for a corporation) By: By:Nick Inzunza, Mayor Kenneth Kerper, President APPROVED AS TO FORM: Bv• George H. Eiser, Ill (Name) City Attorney (Title) 10 Agreement between the City of National City and Modular Building Concepts, Inc. A Exhibit "A" — Temporary Fire Station Modular Buildings Modular Building Concepts, Inc will provide the following goods and services in accordance to price quotes listed in exhibits "B" — "F": 1. One 12 foot by 60 foot (#459) and One 24 foot x 60 foot (#190/93) Modular Units. 2. One 12 foot x 60 foot (#1260) Modular Unit. 3. Two 12 foot X 40 foot (#1240) Modular Units. 4. All units to be delivered to the City of National City Public Works Facility, set-up with seismic tie downs, steps and skirting installed. 5. All units to be delivered and set up as described "Site -Plan" - Exhibit "G". 6. Stairs, platforms and related items to be included in delivery and set up as per Exhibit "G". 7. Lease Term shall be 12 months followed by a month -to -month option not to exceed a six-month period. 8. Monthly Lease costs including damager waiver for all units $3,177. 9. Cost for Delivery/Set-up/Skirting/Seismic tie -downs, steps shall be $23,637. 10. Delivery of units to site shall occur the week beginning December 1, 2003 and completed on or before December 5, 2003. 11. Final installation work shall be coordinated with the National City Public Works Department and completed prior to December 19, 2003. 12. Cost to dismantle and return of units and related accessories . xiµ shall be completed within 60 day from notice by the City that the lease will end. 09/22/03 BON 10:59 Modular Building Concepts Inc. Company National City Fire Dept. Address ODULAR BLDG CONCEPTS kt.(� QUOTATION By Ken Kerper 12580 Poway Stotler California Court 92064 Contact Randy Kimble 1858) 679-1185 Fax 679-6804 Phone 619.250.1866 Date 9/22/03 Fax 619.336.4562 ISize ** X ** I Sq.Ft. ** [New [] Used X I Unit # ** IDeliver To: National City PURCHASE Base Price $ Delivery $ Set -Up $ Steps ( ) $ Total $ LEASE Term 12 Months. Rate S 1955 /Mo. Steps (0) $ 0 /Mo. Delivery $ 700 Set-up $ 1800 Dismantle *Prevailing Rate *Prevailing Rate Return OPTIONS (Check Box if Desired) * Physical Damage Waiver $ 195 /mo. SeismicTie Downs (38) $ 2660 Remove Tie Downs S 760 Skirting (3121in.ft.) $ 3900 Remove Skirting $ 546 Remove or install tires $ 10 ea.. Remove or install axles $ 75 ea. El CI NOTE: ** Above noted price is for one 12x60 (#459) and one 24x60 (#190/93). * Estimated costs for dismantle and return will be similar to delivery and installation if the scope of work remains the same. Lease rate includes all modifications to 24x60 to comply with attached floor plan dated 9/22/03, 12x60 quoted "as is" with no modifications. Quotation based on specifications and floor plan dated: 9/22/03 TERMS: Purchase - 25% deposit due on order, balance within 10 days of beneficial occupancy. on e — Deposit equivalent to one month's rent due upon order. Net 10 days thereafter - Tax and license (where applicable) not included. Licensing fees subject to California State Law. Quote effective for 30 days. Client responsible for permits and permit fees. Units subject to availability. Square footage is approximate. Delivery, set-up, dismantle, and return charges subject to MBC, Inc. Terms and Conditions. The "foundation system" consists of steel piers and wood pads and may not meet City or County approval. MBC, Inc. recommends that client consult with Building Department to determine all requirements prior to installation. Site assumed to be level within 2°A° and accessible by truck. Special handling to deliver or set-up unit will be an additional charge. Client responsibe for clerininy and damage charges, if any. Used units sold "As Is" with no warranty expressed or implied. * 10% of rental rate, $1000 deductible, contents not covered. The below signed party approves this quotation and the Terms and Conditions on Page Two. APPROVED DATE M D U L A A N 1-4 N V Dorm Dorm 2 0 to to so Dorm 3 1< 10' 5' 10' Breakroom 12'x40' j Dorm 4 10' 60' Kitchen 15' 10' 9c- - - - 8' Base and upper cabinet with double bowl sink, water heater and garbage disposal by MEG. nationl2 Standard Features Floors '26 ozCommercial grade carpeting Walls .......,,„..„. 114" prefinished wood panelling Calling ,,....... .,8' suspended acoustical ceiling Roof 30 Ga. galvanized metal roof Siding 5/8" T1.11 plywood (or equal) grooved 8" o.c. Doors 3'xe'8" metal dad hollow core with dead bolt 3-6 Refrigerator and range by client Unit #193 Unit #190 NOTE: Client responsible for range hood, and fire protecting walls as rid Windows 46'x39" sliding windows with bronze aluminum frames Lighting 2.x4' recessed fluorescent light fixtures HVAC Electric healing and cooling. tApprox 12,000 BTU per 250 sq. ft.) insulation Floor : R-11, Exterior Wens : R"11, Roo: R-19 Electrical Single phase,100 amp sub panega),110 V duplex receptacles Code California Dept. of Housing (DOH) type 5, non rated, B-2 commercial coach Client National City Fire Dept Size 24x60 Unit # 190/93 Date 9/22/03 Modular Building Concepts 12680 Stotler Ct. Poway Ca. 92064 Ph (868)879-1185 Fx (558)6794804 Dimensions Are Approximate. Features sullied to change. 6089 6L9 8S9 XVd 6S:01 ROW CO/ZZ/60 MODULAR BLDG CONCEPTS V E 16i 60' 12' 9' 13' Locker Area or ? IX11><UX17-771 Sinks Shower Area ixnxrxr1 Restroom Area Urinal �� Locker Area or ? Standard Features Floors Commercial linoleum (shower area), Commercial tile elsewhere Walls FRP (shower/restroom), 1/2" vinyl covered drywall elsewhere Ceiling 8' suspended acoustical ceiling Roof 30 Ga. galvanized standing seam Siding 5/8" T1-11 plywood (or equal) grooved 8" o.c. Doors 3'x6'8" metal clad hollow core with dead bolt 4!"` Windows 3B"x12" obscured sliding window with bronze aluminum frames Lighting 2'x4' recessed fluorescent fight fixtures HVAC Electric heating and cooling, Size: 4 - Tort Insulation Floor : R-11, Exterior Walls : R-11, Roof : R-19 Electrical Single phase, 200 amp sub panel, 110 V duplex receptacles Code Cal. Dept. of Housing (DOH) type 5, non rated, B-2 commercial coac Client National City Fire Dept, Size 12x60 Unit # 459 Date 9/22/03 Modular Buildtng Concepts 12580 Stotler Ct. Poway Ca. 92064 Ph (858) 679.1185 Fx {858)679.6804 Dimensions Are Approximate. Features subject to change. EAQ4 A/4 QCQ 0 0 Modular Building Concepts Inc. Company National City Fire Dept. Address_ 2580 ;'rotirr Gout! 'QUOTATION (12'x60') By Ken Kerper Contact Randy Kimble Poway Califurrra 92064 (Y,S4) fi79. 11H'_+ Fzx C79-G804 Phone 619.250.1866 Fax 619.336.4562 Date 9/23/03 Size 12 X 60 Sq.Ft. 720 New ❑ Used X Unit # Pending Deliver To: National City PURCHASE LEASE OPTIONS (Check Box if Desired) Base Price $ Delivery $ Set -Up $ Steps ( ) S Total $ Term Rate Steps (0 ) Delivery Set-up Dismantle Return 12 Months. $ 345/Mo. $0/Mo. $ 235 $ 125 *Prevailing Rate *Prevailing Rate *Physical Damage Waiver $ 34/mo. SeismicTie Downs (18) $ 1260 Remove Tie Downs $ 360 Skirting (144 !init.) $ 1800 Remove Skirting $ 252 Remove or install tires $ 10 ea.. Remove or install axles $ 75 ea. o o NOTE: * Estimated costs for dismantle and return will be similar to delivery and installation if the scope of work remains the same. Quotation based on specifications and floor plan dated: Model 1260 TERMS: Purchase - 25% deposit due on order, balance within 10 days of beneficial occupancy. I.eQae —Deposit equivalent to one month's rent due upon order. Net 10 days thereafter. Tax and license (where applicable) not included. Licensing fees subject to California State Law. Quote effective for 30 days. Client responsible for permits and permit fees. Units subject to availability. Square footage is approximate. Delivery, set-up, dismantle, and return charges subject to MBC, Inc. Terns and Conditions. The "foundation system" consists of steel piers and wood pads and may not meet City or County approval. MBC, Inc. recommends that client consult with Building Department to determine all requirements prior to installation. Site assumed to be level within 2% and accessible by track. Special handling to deliver or set-up unit will be an additional charge. Client responsibe for cleaning and damage charges, if any. Used units sold "As Is" with no warranty expressed or implied. * 10%, of rental rate, $1000 deductible, contents not covered. The below signed party approves this quotation and the Terms and Conditions on Page Two. APPROVED DATE M 0 ! L A fS Modutar Bonding Concepts Inc. Company National City Fire Dept. Address_ I?58€ l 'may (858) EiY9 118n Stotler. California Fair 670-080A CourI 920154 -QUOTATION (12'x40') By Ken Kerper Contact Randy Kimble Phone 619.250.1866 Date 9/23/03 Fax 619.336.4562 Size 12 X 40 Sq.Ft. 480 New ❑ Used X Unit # Pending Deliver To: National City PURCHASE LEASE OPTIONS (Check Box if Desired) Base Price . S Delivery $ Set -Up S Steps ( ) $ Total $ Term 12 Months. Rate $ 295/Mo. Steps (0) S 0 /Mo. Delivery $ 235 Set-up $ 95 Dismantle *Prevailing Rate *Prevailing Rate Return * Physical Damage Waiver S 22/mo. SeismicTic Downs (12) S 840 Remove Tie Downs $ 760 Skirting (104 lin.ft.) $ 1300 Remove Skirting S 182 Remove or install tires S 10 ea.. Remove or itall axles $ 75 ea, Q ❑ NOTE: * Estimated costs for dismantle and return will be similar to delivery and installation if the scope of work remains the same. Quotation based onspecifications and floor plan dated: Model l 240 TERMS: Purchase - 25% deposit due on order, balance within 10 days of beneficial occupancy. Lease •- Deposit equivalent to one month's rent due upon order. Net 10 days thereafter. Tax and license (where applicable) not included. Licensing fees subject to California State Law. Quote effective for 30 days. Client responsible for permits and permit fees. Units subject to availability. Square footage is approximate. Delivery, set-up, dismantle, and return charges subject to MBC, Inc. Terms and Conditions. The "foundation system" consists of steel piers and wood pads and may not meet City or County approval. MBC, inc. recommends that client consult with Building Department to determine all requirements prior to installation. Site assumed to be level within 2% and accessible by truck- Special handling to deliver or set-up unit will be an additional charge_ Client responsibe for cleaning and damage charges, if any. Used units sold "As Is" with no warranty expressed or implied. 10% of rente rate, $1000 deductible, contents not covered. The below signed party approves this quotation and the Terms and Conditions on Page Two. APPROVED DATE Ma D L A R Modular Building Concepts, Inc. 12mo StcderCA Panay. California 42D0a Ph, CA64) 879.1186 Fax 1A58) 67D4a04 ION StarldgrdF°yarures Floors ....—VB" oarnmercial grade Ste Walls 1i4" prefnished wood panelling Calling8' suspended acousdcai ceiling Roof 30 Ge, galvanized metal roof Siding ...._..._5.8" T1.1 { plywood for equal) grooved 8" o.c. Doors ...,...... 3k6'6" metal clad hollow core with dead boll St ndard Models (Model 820 - 1260) Windows,48"x39'alTdinpwindows with bronzearuminumframes Lighting 2 x4' recessed fluorescent light fixtures WAG Electric heating and cooling, (Approx 12,000 BTU per 250 sq. ft. ) insulation ,..,Floor : R-11, Exterior Walla : R-11, Roof: F2.11 Etsctdear 110o208 V single phase 100 amp sub panel, 110 V duplex receptacles Code California Dept, of Housing (DOH) type 5, non rated, B-2 commercial coach Model 1260 60' 40' 10' --)1 Model 1030 \\A Model 1240 Randy • Approximately half of my t2x40's have a partition as shown above. Since you prefer a'shell' I will try to locate one for you. Model 820 k a Specaratiors and No plans aatJed Os change. Dimensions are approcirale. /tattoons not locNded. Options Ova lade cn nnuesr. E Modular Building Concepts Inc. Company National City Firc Dept. Address_ t258n Stotler Cuurt -QUOTATION (12'x40') By Ken Kerper Contact Randy Kimble I oway C riurni;i 92064 (HSt) Eij' 11E111 Fax 679-08(d Phone 619.250.1866 Fax 619.336.4562 Date 9/23/03 Size 12 X 40 Sq.Ft. 480 New Q Used X Unit # Pending Deliver To: National City PURCHASE LEASE OPTIONS (Check Box if Desired) Base Price - Delivery Set -Up Steps ( ) Total Term Rate Steps (0 ) Dc1 very Set-up Dismantle Return 12 Months. S 295/Mo. $0/Mo. S 235 $ 95 *Prevailing Rate *Prevailing Rate * Physical Damage Waiver Seismic T ie Downs (12) Remove Tie Downs Skirting (104lin.ft.) Remove Skirting Remove or install tires Remove or install axles $ 29 /mo. $ 840 $ 760 $ 1300 S 182 S10ca.. $ 75 ea, NOTE: * Estimated costs for dismantle and return will be similar to delivery and installation if the scope of work remains the same. Quotation based on specifications and floor plan dated: Model 1240 TERMS: Purchase - 25% deposit due on order, balance within 10 days of beneficial occupancy. Lease -• Deposit equivalent to one maonth's rent due upon order. Net 10 days thereafter. Tax and license (where applicable) not included. Licensing fees subject to California State Law. Quote effective for 30 days. Client responsible for permits and permit fees. Units subject to availability. Square footage is approximate. Delivery, set-up, dismantle, and return charges subject to MBC, Inc. Terms and Conditions. The "foundation system" consists of steel piers and wood pads and may not meet City or County approval. MBC, Inc. recommends that client consult with Building Department to determine all requirements prior to installation. Site assumed to be level within 2% and accessible by truck. Special handling to deliver or set-up unit will be an additional charge_ Client responsibe for cleaning and damage charges, if any. Used units sold "As Is" with no warranty expressed or implied. * 10% of rental rate, $1000 deductible, contents not covered. T e below signed party approves this quotation and the Terms and Conditions on Page Two. APPROVED DATE M 0 D U L A H Modular Building Concepts, Inc. Stoller CA Poway. Catiromia 92D04 Ph. 058) 879.11115 Fax (858J e79-ed04 ,Standprd 119afures Flabrs . 11a" commercial grade Ilia Walls 114" proltnishod wood panelling Coning ... ..... ,8' suspended acoustical ceiling Roof 30 Ga. gatvanited metal roof Siding ...—5/8" Ti- f 1 plywood (or equal) grooved 8" o.c. Doors .............-3k611" metal dad hollow owe with dead bolt Standard Models (Model 820 - 1260) Windows .46"x3A'sliding windows with bronze, efu min um frames Lighting 25(4' recessed fluorescent light fixtures HVAC Electric heating and cooing, (Approx 12,000 ETU per 250 sq. ft.) lnautation Floor : R-11, Extertor Walls : R-11, Roof : R-11 Etectdcal 1101208 V single pheso 100 amp sub panel" 110 V duplex receptacles Coda California Dept. of Housing (DOH) type 5, non rated, B•2 commercial mach Ir 10' Model 1260 60• )1 40' 10' —31 Model 1030 IttaINNI Model 1240 Randy • Approximateryhalf of my 12x40's have a partition as shown above. Since you prefer a'shell' I will try to locate one for you. Model 820 T r" k 'x Vb0 Spad capons and floor pinny subject totfiSngs. Dlxuneloe$ ua apprwhare. tt. 5 oms nit Induced. Options avalarre on ra:luas/. 09/22/03 MON 11:02 FAX 858 679 6804 MODULAR BLDG CONCEPTS %/ (�008 Modular Building Concepts, Inc. Quotation Terms and Conditions Construction Standards and Codes Fngwsal based on a California Department of Housing (D.O.H.) approved, Type V, non -fire rated, B-2 occupancy, Title 25, commercial coach and Modular Building Concepts. Inc. (hereinafter referred to as "MBC, Inc.") standard construction, finishes and colors unless otherwise stated. Each structure will bear the California D.O.H- insignia certifying State compliance. Design and construction will be in accordance with typical industry standards and the most recent version of the Uniform Building Code (1J.B.C.), Uniform Mechanical Code (U.M.C.), and the National Electric Code (N.E.C) as adapted by the California Department of Housing (D.O.H.). Specifications, floor plan, method of installation, and pricing, subject to change according to D.O.H. and local Building Department requirements. Sprinkler systems (if required) not included_ rue protection systems (when requested) will be in conformance with D.O.H. Standards only. Modular Building Concepts, Inc. Scope of Work Modular Building Concepts, Inc. is responsible for providing and installing a Department of Housing (D.O.H.) approved structure on a steel pier and wood pad "foundation" only. Client shall be responsible for-, all site development, utility connections. handicap access, permits and permit fees, providing ask access to site for delivery of structure and determining local code requirements. Code Compliance Statement MBC, Inc. is not responsible for code compliance with any regulatory agency other than California D.O.H. Compliance with special code or requirements due to occupancy or use of such structure will not be the responsibility of MBC, inc. without prim knowledge in writing. Compliance with any other code requirements, i.e.c City or county, will require complete information or specifications in writing prior to bidding and/or engineering Compliance with local Fie Marshall shall be the client's responsibility. Permits/Inspectlons Building permits, installation permits, electrical permits, sewer and water permits, permit fees, requirements resulting from pamuts and on site inspection fees by Department of Housing, or any agency, arc specifically excluded. Drawings Standard drawings will be provided with each new structure if required. Additional drawings, "wet stamped" drawings or rmgin ng for structure will be extra. Drawings or engineering for ramps, decks, stops, foundation, or tie downs will be an additional charge. Delivery/ Return Delivery Pilot cars, transportation permits. traffic control fees, or permit fees of any kind ate not included. Ovawidth structures, oveshdght structures, remote sites or sites with limited access may require special handling additional equipment jacking into position, pilot tars or permits. Fees for this work shall be an additional cost to the client if MSC, Inc. manufactures a new structure for a client, bang shall begin no later than 10 days after factory completion or upon delivery and set-up on site, whichever occurs fast. On "in stock" units, billing shall cue 10 days after receipt of signed lease or upon delivery and set-up. whichever occurs lust Set Up Set-up includes placing the structure on a steel pier and single wood pad "foundation" with piers 6' to 8' on muter. Site must be fiat and level within 2" in all directions, accessible by truck and coach without special handling, free from all obstructions (it: buildings, cars, treesjences, etc.), and capable of adequately supporting die entire streetuie. Minimum required soil compaction is 1,000 p s.f. EXCLUSIONS- Skieting, tie downs, concrete foundation, jacking structure into position, use of forklift or crane, removal of tires, wheels, axles or hitch, raising or lowering of structure, setting building below grade, prevailing wages, stand-by time, state approved foundation, on site inspection fees, returning tires, wheels, axles, or bitch to MBC, Inc. Settling of coach is not covered under MBC, Inc., warranty. Maximum floor height above grade is 36". installations exceeding 36" may be an additional charge. NOTE: If load bonding department requires a change from MBC Inc's standard set-up, costs will be based on scope of work and billed to the client. Additional charges for Set-up & dismantle 7Iay all quotes are based on Determining additional installation or dismantle charges in advance due to "non standard" conditions is impractical. "normal" conditions where site is flat and level within 3" in all directions and accessible by truck. The following punintum estimated charges tune be used as guidelines: Actual costs will be based on scope of work and time and materials. Remove or install tire: S15 ea.. Remove or install axle: S75 a., Remove or innstali hitch: 575 ea, Lower or raise unit 6"-I8": $100-125 per "floor", Jack unit into position: 575-125/hr. per "floor", Rental of forldift and operator: $250- 350/day, install seismic tie downs: S65-75 ea., Remove seismic tie downs: S15-20 as., Install s>irting: $12-14 lim.ft Remove skirting S2-3limit. Pilot ear: $l.25lnite each car (Min. S125), Transportation pe nit: S75 pa "flood'.. Engineer approved `wee stamped" foundation plans utilizing steel pins, wood pads & seismic tie downs: S95 a.,.DO13 approved plans for new units: $125 ea. SeismicTte Downs If tie downs are required, prices will be based on installation in dirt and acceptable subterranean conditions (no rocks or excessively hard soil)). EXCLUSIONS: engineered plans or calculations, pull out tests, oohs test, removal of tie downs, patching of asphalt or concrete after removal not included. Client is responsible for determining location and depth of all underground utilities. MBC, Inc- highly recommends contacting "Dig Aced' at least 3 days poor to tie down installation to determine existence of any in ground gas, water, electric, phone, data or irrigation lines. MBC. Inc. or their contractor will not be responsible for any damages to or liability from bitting utility lines. Quantity of tie downs based on manures: irer recommendations and local building code. Installation of tie downs in concrete or asphalt will be extra. Utilities PLUMBING -Connection of sewer and water lines excluded. Alf lines 'stubbed below floor only. Client is responsible for labor and materials to manifold and ,__ " .. ,. "....,.eCrtOn damage plumbing and or fixtures. Client is responsible for all damages sad repairs. ACT I AL - Conn' :'fitsm:�:. t is l sub -panels an— may --o- interconnecting of sub -panels. Inkecon noction of ELECTRICAL -Connection of electrical to source excluded- Multi -unit structures require sub - panels or main distribution panel not included- incorrect service or improper connection to panel may damage HVAC, electrical or lighting systten. Client is responsible for all damages and repairs. Dismantle of tires, Dismantle is for a "typical" dismantle. EXCLUSIONS: Jacking out of position, raising or lowering osmium rental of forklift or crane, installation wheels, axles, bitch removal of; skirting, tie downs, foundation, decks, ramps, steps, awnings or any other items on or around unit Client responsible for disconnecting utility lines and returning unit in the same condition as received (less normal wear and tear), and damages and cleaning ehages- Steps and Ramps or unstable, client is STEPS - Not included. Temporary metal steps ate sva laNn. for an additional fee. If site is ualevel and MBC steps are too high/low responsible for securing step and/or providing safe access. Client shall not modify MSC s s. If stops are not returned with trailer, eflani will be charged a pick-up fee. Client is responsible for meeting all ADA and OSHA entrance/eat requirements. Steps are not OSHA compliant. RAMPS/DECKS - Not included. Exhibit it "G" NORTH Station 34 Temporary Quarters National City Public Works Compound 10/9/03 Fence between Paradise Creek & PP/ Val 4 Feat be(reee fence & mode units Eleelneal Sub Paid 100 AMP, single Phase 20 fed bewirn sand/gravel bin and modular unit v Police Evidence Storage Co:tabs:r 12 between PO Storage & modular unit Electrical Sub Panel 100 AMP, Single Phase Tel 4560 Capain Office/ Report Writing Sand & Gravel slarage 88 feet E iecheai sub Panel 200 AMP, single phase, V `9ecbical Sub Panel tO AMP, single phase Bacolod Sub Panel 100 / P-angle N Tel 458& \ Captain \OFrst Report Writing 95 feet City of National City, California COUNCIL AGENDA STATEMENT rnEETING DATE November 11, 2003 AGENDA ITEM NO. 6 ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING FIRM TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES AND TO ASSIST IMPLEMENTING JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM (JURMP) IN COMPLIANCE WITH THE RWQCB ORDER 2001-01. PREPARED BY Din Daneshfar 336 4387 EXPLANATION DEPARTMENT Public Works/Engineering See attached explanation. Environmental Review N/A Financial Statement Approved By: ,, a Finance'Director a This agreement is for Contract cost with a `Not to Exceed amount of $188,000. Fu nds s are available in Account NOs.125-422-222-299 ($175,000) and 001-422-000-299 ($13,000). Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below j Resolution No. 2003-154 1. Resolution 2. Proposed Agreement Form (3 original copies) A-200 (9 99? EXPLANATION: On August 18, 2003, a Request for Qualifications was issued for providing environmental/engineering services to assist National City in complying with the National Pollutants Discharge Elimination System (NPDES) permit requirements for the 2003-04 fiscal year. The requested environmental/engineering services under this agreement include a wide range of environmental/engineering services needed to ensure that the National City's program is in compliance with various requirements of the NPDES permit. On September 8, 2003, proposals were received from the following six (6) consulting firms: 1. D-Max Engineering, Inc. 2. BDS Engineering, Inc. 3. PBS&J 4. SCS Engineers 5. RBF Consultants 6. FLC Consultants San Diego, CA 92121 Lemon Grove, CA 91945 Encinitas, CA 92108 San Diego, CA 92123 San Diego, Ca 92124 San Diego, CA 92121 A consultant selection committee was established consisting of Public Works/Engineering staff. All of the proposals were evaluated and the top three (3) proposers were invited for an interview. Based on the results of the proposal evaluations and the interviews, D-max Engineering firm was found to be qualified to perform the work. Upon selecting D-Max Engineering, the City entered into negotiations with this firm to determine the scope of work, schedule and associated fees. The scope of work is based upon the requirements of the NPDES permit (Order No. 2001-01). All of the Copermittees in the region shall comply with the provisions conditioned in this permit. Based upon this process, it was determined that the following environmental/engineering tasks to be accomplished. The contract before Council for approval is for the general environmental and engineering services for this program. It includes the following tasks: • Coordinate the program • Review the City's current Storm Water Pollution Prevention Documents. • Update the City's Jurisdictional Urban Runoff Management Program (JURMP). Develop Data Management. • Assist the City to Comply with its Inspection Program. 1 q • Implement Standard Urban Runoff Mitigation Plan (SUSMP). • Implement Land Use Planning For New Development And Redevelopment Component • Review the City 's Storm Water Ordinances and Propose Applicable Amendments. • Implement Dry Weather Analytical Monitoring and Field Screening. • Prepare JURMP Annual Report. • Develop Assessment of Program Effectiveness. • Implement Watershed Urban Runoff Management Programs. • Perform Training and Education. For more detailed review of the scope of work, please see Exhibit "A" of the attached contract. The total cost of this project is $188,000 (Not -To- Exceed Amount). 2 RESOLUTION NO. 2003 — 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC. TO PROVIDE ENGINEERING AND ENVIRONMENTAL SERVICES, AND TO ASSIST IMPLEMENTING THE JURISDICTIONAL URBAN RUNOFF MANAGEMENT PROGRAM IN COMPLIANCE WITH THE REGIONAL WATER QUALITY CONTROL BOARD WHEREAS, the City desires to employ a consultant to provide engineering and environmental services, and to assist implementing the Jurisdictional Urban Runoff Management Program ("JURMP") in compliance with the Regional Water Quality Control Board; and WHEREAS, the City has determined that D-MAX Engineering, Inc. is a engineering firm specializing in water and environmental sciences and is qualified by experience and ability to perform the services desired by the City, and D-MAX Engineering, Inc. is willing to perform such services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an Agreement with D-MAX Engineering, Inc., to provide engineering and environmental services, and to assist implementing the Jurisdictional Urban Runoff Management Program ("JURMP") in compliance with the Regional Water Quality Control Board. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 11th day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: nliar;_itt- George H. Eiser, Ill City Attorney ORIGINAL AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 11th day of November, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with engineering and environmenatal services and to assist complying with the National Pollutants Discharge Elimination System (NPDES) permit requirements. WHEREAS, the CITY has determined that the CONTRACTOR is eligible, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 25% from the base amount. Revised 5/2001 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Arsalan Dadkhah thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A' shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the team of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product, for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rightsgranted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised 5/2001 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CON RACT'OR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'Sagents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the 3 Revised 5/2001 term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR' s employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmaental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL, INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the 4 Revised 5/2001 services to be provided herein. The foregoing obligation of this section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. N 5 Revised 5/2001 C. Comprehensive general liability insurance,, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, Revised 5/2001 or relating to, this Agreement, or breach thereof, which is not regolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. U. in the event of termination, ali finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, 7 Revised 5/2001 direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Arsalan Dadkhah Project Manager/Principal D-Max Engineering, Inc. 8380 Miramesa mall, Suite 222 San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 8 Revised 512001 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Anaenummaein io riris A teerrtetu rile tertus of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised 5/2001 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Contractor) (Two signatures required) By: By: Nicholas Inzun7a, Mayor (Name) Reecr/h.d/feeteil (Title) 7 APPROVED AS TO FORM: * By: (Name) George H. Eiser, III City Attorney (Title) * See attached letter dated November 3, 2003. 10 Revised 5/2001 D-MAx Engineering, Inc. Consultants in water & environmental sciences November 3, 2003 Mr. Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City, CA 91950 Subject: Corporate Resolution Dear Mr. Daneshfar: S w- r i - 41•111 IMF MN war 1011111111wdlle —411.16/111.41 Please be advised that I serve as the President and the Secretary of D-MAx Engineering, Inc., a California corporation. I am legally authorized to sign documents on behalf of the company as the President and the Secretary. Sincerely, D-MAX Engineering, Inc. 4,0/al azea Arsalan Dadkhah, Ph.D., P.E. President D-MAx Engineering, Inc. Consultants in water & environmental sciences �'�� EN JwtN nv .�. ENSrael< EXHIBIT "A" Scope of Services The scope of the services for this project will include but not limited the following tasks: Project Coordination. Provide all project coordination necessary to perform the work for the City's National Pollutants Discharge Elimination System (NPDES) program implementation. Project coordination will include biweekly/monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination is: Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meeting, including agenda and meeting minute preparation and distributions. Review the City Storm Water Documents. The purpose of this task is to update us with all of the City's storm water implementation activities. This task will include reviewing the following documents.: ® The City Of National City JURMP a The City's first year JURMP annual report a The RWQCB comments on the City's annual report a The City's responses to the RWCQB comments a Results of the City's audit by EPA and RWQCB a The City's Standard Storm Water Mitigation Plan Checklist Review a All correspondences with RWQCB Update the City's JURMP. Upon our in-depth review of the City's JURMP we will propose the required updates to the City. Once approved by the City, we will update the appropriate sections. Sections that may be updated include a list of the construction sites, changes in industrial/commercial facilities information based on the latest inspections, and land use planning requirements. 8380 Miramar Mall ■ Suite 227 ® San Diego, CA 92121 i (858) 455-9988 21 Fax (858) 455-9978 City of National City October 9, 2003 Page 2 � ` - MIN iIMIWAMIIII NW AIN 11WMI AV iii 41111AliA This task will also include re-evaluating of the industrial facility priority list. The criteria for classification will include the type of industrial activity (SIC codes), material used in industrial processes, waste generated, pollutant discharge potential, size of the facility, sensitivity of the receiving water, proximity to the receiving water, non -storm water discharges, whether the industrial site is subject to the Statewide General Permit and any other relevant factors. We will re-evaluate the existing industrial facility list based on the above criteria to identify the priority of the existing industrial facilities. Data Management. In order to facilitate annual reporting, and to manage the JURMP inspection program on a day-to-day basis, data must be tracked and stored in a reliable, easy - to -use manner. There are two basic types of information that must be gathered and collected regarding storm water compliance inspections: inventories of facilities and inspection information. D-Max has created a database using Access that is capable of storing, managing, and manipulating this data. A custom database will be designed for the City of National City to meet the City's individual needs. We have previously used this data management system with seven other municipalities and received positive comments from the cities. The database will incorporate the City's business license data and contact information for all of the businesses that are subject to inspection. In this program, blank electronic inspection forms are developed for each business and completed once the actual inspection is finished We will tailor the database to accommodate the City's existing collected data and future data. Assist In City's Compliance Inspection Program. We will assist the City compliance inspection team with the following services: ® Preparation of the appropriate municipal, construction, industrial and commercial forms • Assist in field inspections • Provide assistance in data entry into databases SUSMP Implementation. We will assist the City in reviewing and evaluating the construction application projects including the following services • Assistance in complying with requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP) • Review the erosion and sediment control plans • Review the submitted storm water pollution prevention plans (SWPPP) City of National City October 9, 2003 Page 3 —qiiMilinlE111 s spa MI sMA= I --- AIM VWMN wv - ilils • Assistance in selecting and implementing BMPs • Conduct educational presentations as required in Section 9 of the City's JURMP ® Prepare construction SWPPPs for the City Capital Improvement Projects Land Use Planning For New Development And Redevelopment The municipal Permit requires the Copermittees to: • Assess their General Plan ® Modify the development project approval process, including developing a Model SUSMP • Revise environmental review process • Conduct an educational effort focusedon new development and redevelopment We will work with the City Planning Department to ensure the above requirements have been met. Review the City Storm Water Ordinance. We will review the City Storm Water Ordinance to ensure compliance with the Municipal Permit. Additionally, the Permit requires each Copermittee to review and update its grading ordinances to require implementation of BMPs and other measures during construction activities. We will prepare a list of requirements for the City staff in order to modify the City storm water ordinance and grading ordinances. Dry Weather Analytical Monitoring and Field Screening. This task will include conducting one round of field screening in accordance with the requirements of the RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. This task will include the followings: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, rodents and other animals in the vicinity of the outfall. . Field Analysis: At each site the flow and its temperature will be measured and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature, • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen ▪ Ammonia Nitrogen City of National City October 9.2003 Page 4 '_"'�- C MN MI NMI i1Wa �nA ® Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents_ ® Total hardness • Surfactants (MBAS) ® Oil and grease ® Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria Total Coliform bacteria • Fecal Coliform bacteria Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study. The report will include our interpretation of the field data and test results as to the possible presence of IC/Ids. Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling ® Contacting dischargers Sampling for laboratory analysis ® Documenting source investigations At the conclusion of the follow-up investigations a summary report will be prepared summarizing the findings, conclusions and recommendations. Preparation of JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report serves to document the activities that the City has conducted during tile past reporting period of July 1, 2002 through June 30, 2003. In order to prepare the required report we will conduct the following: Coordinate Information Transfer with City personnel /5 City of National City October 9, 2003 Page 5 --eink M --- NIB .1111111 --- Mmow—*15.0 4111111llA Contacting several City departments to acquire information on the program implementation and special activities carried out through the year. We will have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Prepare Annual JURMP Report This task includes the preparation of the Annual JURMP Report in accordance with the Municipal Permit Section I. This includes addressing the following: • Comprehensive Description of Activities Land -Use Planning Construction Existing Development Education Illicit Discharge Detection and Elimination Public Participation Assessment of JURMP Effectiveness Fiscal Analysis • Documentation/Accounting of Activities Illicit Discharges Report Inspections Conducted Enforcement Actions Education Efforts • Public Participation Mechanism • JURMP Revisions • Special Investigations • Budget • Ineffective Management Measures ® Identification of Water Quality Improvements ® Copermittee Collective Activities Training and Education. D-MAx will conduct educational workshops at the City's request to target audiences identified in Section 9 of the JURMP document. Educational content will cover a variety of topics related to storm water quality and watershed concepts listed in Section 9.2 of the JURMP and be tailored to each specific audience. Suggested workshops and target audiences include the following: Planning and Public Works/Engineering Departments 1k City of National City October 9, 2003 Page 6 MIN - = �MNM M - - - A V 1011111Wi tAA The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in Section 9.2 and to address new Permit requirements relevant to each department. The Permit requires changes in land -use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's Standard Urban Storm Water Mitigation Plan. The workshop will be targeted towards public works employees and will also cover the general concepts of Section 9.2, and further address changes in public works operations required by the Municipal Permit. Such changes include construction site management requirements and implementation and maintenance of best management practices. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in Section 9.2 and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Additionally we assist the City staff to develop educational pamphlets to be sent to residential, industrial and commercial facilities, preparing articles to be published in the local newsletters. Assessment of Program Effectiveness. The County of San Diego in association with assessment work group has developed some methodologies for assessing the effectiveness of the storm water program. These methodologies require gathering and presenting all the information of the copermittee's activities including BMPs and identifying expected effects on the storm water pollution prevention. We will assist the City to evaluate the effectiveness of the City's program in accordance with the County and work group proposed methodologies. Watershed Urban Runoff Management Programs. City of National City is located within the San Diego Bay watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will attend the watershed Copermittees on behalf of the City of National City and conduct the group requirements per the City instructions. Representing The City in Various Meeting. D-MAx will represent the City of National City in various meeting including those with other Copermittees, Regional Board or work groups. Other Storm Water Services. It has been our experience with other local municipalities that storm water related situations arise from time to time that require immediate or expert /7 City of National City October 9, 2003 Page 7 GIS services a Any other unexpected services -_i �ONIS a-- 1111 .1.1111VWNAV —4WWWIrdb Cost Summary We have summarized our estimated not -to -exceed costs for the scope of services presented herein as follows: Attached are Exhibits "B', "B-1", and "C". 1� '=II VI MINI - --MO MI MIAttA V ,1.1.11111►i, arse EXHIBIT "B" Task Description Project Coordination Review the City Storm Water Related Documents Cost (Not -To -Max) Update the City's JURMP Data Management Assist In City's Compliance Inspection Program SUSMP Implementation $3,500 $12,000 $15,000 $15,000 $25,000 $25,000 Land Use Planning For New Development And Redevelopment Review the City Storm Water Ordinance $7,500 $5,000 Dry Weather Analytical Monitoring and Field Screening Follow -Up Investigations $14,000 $8,000 Preparation of JURMP Annual Report $20,000 Training and Education $15,000 Assessment of Program Effectiveness $8,000 Watershed Urban Runoff Management Programs $10,000 Representing The City in Various Meeting $5,000 Other Storm Water Services To Be Determined TOTAL $188,000 8380 Miramar Mall ® Suite 227 i San Diego, CA 92121 M (858) 455-9988 a Fax (858) 455-9978 w_ - NIA 1=IVAAr All N,as MI B111 Mt MIN A V EXHIBIT "B-1" SCHEDULE OF FEES The following presents our current schedule of fees. LABOR Classification Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Project Senior Principal Hourly Rate $ 45 50 60 55 65 75 85 95 110 Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel (identified with an asterisk "*"). Field and hourly services will be charged portal to portal from our office, with a two-hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. Charges for subcontract personnel will be made according to the corresponding standard hourly rates listed above. OTHER CHARGES Subcontracted services, such as subconsultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking; outside copying/printing, etc., will be charged at cost plus 15%. Client will be responsible for any applicable taxes in addition to the fees due for Services. The mileage charge for personal vehicles used on projects will be the current rate as established by the Internal Revenue Service. Company -owned vehicles will be charged at a rate of $6 per hour (subject to a 4-hour minimum), plus $0.50 per mile. 8380 Miramar Mall ® Suite 227 ® San Diego, CA 92121 s (858) 455-9988 ■ Fax (858) 455-9978 Exhibit C Project Schedule JUL 2004 AUG 2004 SEP 2004 OCT 2004 Tasks NOV 2003 DEC 2003 JAN 2004 FEB 2004 MAR 2004 APR 2004 MAY 2004 I JUNE 2004 Review the City Storm Water Related Documents Update the City's JURMP Data Management Assist Compliance City's Ins • ection Pro •ram SUSMP Implementation Land Use Planning For New Development And _. Review the City Storm Water -- - Ordinance Dry Weather Analytical Monitoring and ,. ... Field Screening Follow -Up Investigations Preparation of JURMP Annual Resort Training and -- Education Assessment of Program Effectiveness Watershed Urban Runoff Management Programs Representing The City in Various Meeting Other Storm Water Services --- City of National City, California COUNCIL AGENDA STATEMENT .EETi G DATE NOVEMBER 1 i , 2003 AGENDA ITEM NO. 7 f ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY STREET RESURFACING PROJECT, SPECIFICATION NO. 02-2 PREPARE Y Stephen M. Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION See attached Environmental Review XN/A Financial Statement / A The total cost of the project was $2,052,757.17. Approved By: V y� $2,270,000. was budgeted for project in Account Numbers 109-409-500-598-6035, 125-409-5Rn 9q�tf`�cz U 5, 307- 409-500-598-6035,343-409-500-598-6035. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Notice of Completion Resolution No. 2003-155 02-2 A-200 (9:991 Explanation: On February 4, 2003 by Resolution No. 2003-21 the City Council awarded a contract in the amount of $1,890,377.18 to Hanson SJH Construction for the National City Street Resurfacing Project, Specification No. 02-2. There has been two change orders approved by Council since the initial award. Contract Change Order No. 1 was done to increase the quantities in Line Item No. 16 for additional new sidewalk, Line Item No. 18 for additional remove and replace of curb and gutter, Line Item No. 19 for additional new curb and gutter, Line Item No. 23 for additional remove and replace alley apron, Line Item No. 24 for additional new driveway and the addition of Line Item No. 29 for the removal and replacement of an inlet frame and cover and Line Item No. 30 clean and fog seal medians on Harbor Drive. This increased the construction cost by $110,482.98 from $1,890,377.18 to $2,000,860.16. It was approved by Council on August 5, 2003. Contract Change Order No. 2 was done to increase/decrease the quantities in the original bid, which resulted in an increase of the fmal construction cost of the project by $51,877.01 from $2,000,860.16 to $2,052,737.17. It was approved by Council on September 2, 2003. On September 15, 2003 a final inspection was completed and the work was found to be in accordance with the plans and specification. We recommend accepting the work and the filing of a notice of completion for the National City Street Resurfacing Project FY 02-03, Specification No. 02-2. The final project cost of $2,052,737.17. $2,270,000 was budgeted for the project. follows: RESOLUTION NO. 2003 —155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY STREET RESURFACING PROJECT (Engineering Specification No. 02-2) BE IT RESOLVED by the City Council of the City of National City, California, as It appearing to the satisfaction of the Engineering Department that all work required to be done by HANSON SJH CONSTRUCTION, Engineering Department Specification No. 02-2, for the National City Street Resurfacing Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. Passed and adopted this 11th day of November, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 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 15, 2003, of the NATIONAL CITY STREET RES RFA CING PRLI_n'1 CT FY 02 03, SPECIFICATION NO 02 2 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Various streets in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said Public Right -of -Way 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 HANSON u Name of Original Contractor The following work and material were s pplied A alt, Pavi g Fabric and F 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 of Owner , Nick Inzunza, 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 FORMSMOC2-2 City of National City, California COUNCIL AGENDA STATEMENT ._.eETING DATE NOVEMBER 11, 2003 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES OF CALIFORNIA FOR THE INSTALLATION OF 5 GROUNDWATER MONITORING WELLS AT 3530 EAST 8TH STREET ON EAST 8TH STREET EAST OF SALOT STREET PREPARED Y Charles Nissley DEPARTMENT ENGINEERING 336-4396 EXPLANATION Restructure Petroleum Marketing Services of California, the owner of the property located at 3530 East 8TH Street, and ATC Associates, Inc. are seeking an encroachment agreement to install five groundwater remediation wells within the public right-of-way on East 8TH Street East of Salot Street. The wells are needed to monitor for the potential presence of Total Recoverable Petroleum Hydrocarbon (TRPH) and minimize the impact on soil and groundwater. Monitoring is required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The installation and monitoring shall be performed by ATC Associates, Inc. The proposed monitoring wells will be constructed of one inch and four inch PVC pipe casing placed in sand, bentonite grout and cement seal within a three foot diameter boring. Total well depth will be seventy feet. A traffic rated water resistant vault will be installed on each well head. A Faithful Performance Bond in the amount of $2,000.00 has been posted with the City Of National City as a security for the prompt completion of the well drilling installation, removal abandonment and all appurtenant operations including subsequent street resurfacing, restripping, and any required well head adjustment. X Environmental Review N/A (-Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION ADOPT THE RESOLUTION BOARD / COMMISSION RECOMMENDA ION N/A ATTACHMENTS ( Listed Below E I .Resolution 2. Encroachment Agreement 3. Site Plan 4. Monitoring Well Construction Detail Resolution No. 2003-156 wells A-200 (9.99) RESOLUTION NO. 2003 — 156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES OF CALIFORNIA FOR THE INSTALLATION OF FIVE GROUNDWATER MONITORING WELLS ON EAST 8T" STREET, EAST OF SALOT STREET WHEREAS, Restructure Petroleum Marketing Services of California, the owner of the property located at 3530 East 8th Street is seeking an encroachment agreement to install five groundwater monitoring wells within the public right-of-way on East 8th Street, east of Salot Street in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and 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 Restructure Petroleum Marketing Services of California and directs the City Clerk to record the same. Passed and adopted this 11 m day of November, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney s+ ;vFtiti Pq, FEE: $200.00 ENCROACHMENT AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of the real property described in the attached Exhibit "A", in the City of National City, County of San Diego, State of California (hereinafter referred to as "OWNER") in consideration of the grant of permission by the City of National City (hereinafter referred to as "CITY") to maintain a building or other structure shown in Exhibit "C" within a CITY easement or right-of-way as shown in Exhibit "B" for the use and benefit of OWNER'S property and adjacent lands, covenants and agrees as follows: 1. Upon notification in writing by CITY's City Engineer, the above described building or structure shall be abandoned, removed or relocated by OWNER. 2. The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold CITY harmless with respect thereto. 3. This assignment is made for the direct benefit of OWNER's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary. 5. In consideration of the permission granted by action of CITY's City Council to permit OWNER to maintain a building or other structure within a CITY easement or right-of-way, OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of OWNER's entry upon and use of CITY's easement or right-of-way. 6. OWNER and successor in interest, or assign shall take out and maintain, during the time the aforementioned building or other structure remains on CITY's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. I f This policy shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance and with original endorcements affecting coverage required by this clause. 7. OWNER and successor in interest, or assign, shall within 48 hours upon written tVnotification by the City, adjust, or cause to adjust the top of the wellson Easr s swim Wearrif and when such adjustment will become necessary as a result of CITY's-streeVOW' 5Fto resurfacing, or other construction operations. EAS -8�rro 8. OWNER and successor in interest, or assign, shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of OWNER and successor in interest, or assign, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the City right-of- way. OWNER shall hold CITY harmless with respect thereto. 9. OWNER, or assign shall notify the CITY in writing of any proposed change in the location of the wellson 0. E(6NTM StPE prior to installation. OWNER shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 10. OWNER, or assign shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the well on E: 6 Kinw war and for subsequent adjustments. 11. All operations conducted by the OWNER or assign on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 12. OWNER, or assign shall notify all adjacent residential, and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The OWNER and successor, or assign shall diligently proceed to complete all work with a minimum of inconvenience to the public. 13. OWNER, or assign shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the OWNER, or assign to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the OWNER, or assign, and the CITY shall be held harmless with respect thereto. 14. The OWNER, successor, or assign shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so closeto the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the OWNER's operations. 15. OWNER, or assign agrees that he shall assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property; that this requirement shall apply continuously, and not be limited to normal working hours; and that the OWNER or assign shall defend, indemnify and hold the CITY harmless from any and all liability, real or alleged, in connection with the performance of work on this project. 16. The OWNER, or assign shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, laws and regulations. 17. The proposed well shall exist in the public right-of-way for a maximum of two years. The OWNER, future successor, or assign shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's approval for the time extension. 18. OWNER, successor in interest, or assign shall notify the CITY in witting at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 19. OWNER, or assign shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 20. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 21. The permittee shall provide the City with a copy of the site assessment and remediation report, a copy of the Department of Health Services, County of San Diego response, and the site remediation completion report. The report shall show the extend of ground water and/or soil contamination, if any. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED OWNER Dated: (.fi..t-� /�] i 61 L., \S DSsu 12-0 Person in Responsible Charge (print name) 8s8- 232-4S7i 24 hr. Phone. Number A C ASS Oc'P-m-S �JG• Firm Name l a-uc a F L. Mailinc Address 3,f 3 j 5 Phone Number 1 Jf,q ( F-�6`7,4/0.-.EC O PS. Attach notary certification 'for the name shown above. Use California All Purpose Acknowledgement Notary, only. S4_jha2 echo ALL PURPOSE ACKNOWLEDGEMENT STATE Of GFLtJ�- } SS. COUNTY OF � On (J 4'r c7U0 )bef e me, personally appeared ,eEcc..we Lk." .)F--AnJ ilacJ/nIff•I EcC,44E1, c.I ersonally known t mo e r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CatSign ,,‘,1 ,,., Jean M. Newman .`• `... Commission #DD231914 1 . :,* Expires: Jul 26, 2007 •' Bonded Thru �,n•` ,. Atlantic Bonding Co., Inc. (This area for official notarial seal) 4/94 MCFwm S1111 1 QUESTIONS 1) What is the time of completion of drilling and well construction? 2) What is the time required to install each well? 3) How long will the wells stay in the street? 4) How long will the abandonment of the wells be? (time frame) 5) How often is the monitoring and sampling of the wells? 6) How long does it take to purge and sample each well? 7) Who will be responsible for removing the wells from the public right-of-way, and restoring the street? 8) Who will be responsible for top of well head adjustment? SE ATT CA4V3) v }' a QUESTIONS 1) What is the time of completion of drilling and well construction? -Proposed well constructions activities will be completed approximately three to four weeks after the approval of the encroachment permit by the City of National City. 2) What is the time required to install each well? -Each well should be installed in approximately four hours 3) How long will the wells stay in the street? -The life of the wells in the street are unknown at this time. The duration of the of the well in the street will be determined by the County of San Diego Site Assessment and Mitigation Division (SAM). ATC Associates Inc and SAM will evaluate data collected from the proposed wells in the City of National City Right -of -Way and study over time the effects of the remediation wells. 4) How long will the abandonment of the well be (time frame)? - A typical well abandonment procedure for the proposed wells should take approximately 2 hours. 5) How often is monitoring and sampling of the wells? - The wells to be installed in the city Right -of -Way are remediation wells and require no monitoring or sampling. 6) How long does it take to purge and sample each well? -NA 7) Who will be responsible for removing the wells from the public Right -of -Way, and restoring the street? - RPMS-CA, and their consultant will be responsible for removing the wells and restoring the street when the wells are no longer needed. 8) Who will be responsible for top of well head adjustment? -RPMS-CA and their consultant will be responsible for top of well head adjustments EXHIBIT A Site Plan Real Property Legal Description (San Diego County Assessors Office) Property Owner: Legal Description; LEGAL DESCRIPTION Danilio J and Normita C Tulgan, C/O Restructure Petroleum Marketing Services of California (RPMS-CA) Real property located in Lot 1 of Map 3770, Parcel Number 669- 101-10-00, Danilio J and Normtia C. CIO RPMS-CA, 205 South Hoover Blvd. Unit 101, Tampa FL 33609. Note: Legal description provided by the County of San Diego Assessor, Recorder andClerks Office REFERENCE: MAPTECH TERRAIN NAVIGATOR 2001, CALIFORNIA EDITION, VICINITY MAP Former E-Z Serve Location No. 100802 3530 East 8TH Street National City, California PROJECT NO. 43.25827.0099 FIGURE 1 FILE NO. h:projects/erserve1100802Jfig1 YATC ASSOCIATES INC. 9620 Chesapeake ❑ive,Sei[e 203 Sea Diego, Cartons 92123 EXHIBIT B Site Plan (Showing Proposed Well Locations) II MW-8' N 0 6 a SALOT STREET APPROX. SCALE 1"=50' YEAS-10 YEAS MW-9 9 12 w MW-4® �VEAS-5 PLAZA BOULEVARD PARKING LOT M -33 5 II VEAS-3 IJ PARKING LOT PARKING LOT PROPOSED REMEDIATION SYSTEM COMPOUND S MW-10 EAST 11, PROPOSED REMEDIATION SYSTEM PIPING S MW-11 ®MW-2 DELII 0SARISAIN ORIENTAI0IMRe(ET cxx VEAS-1 MW-8 PARKING LOT TWO STORY SHOPPING/ OFFICE COMPLEX LEGEND MW.5 (84.23) GROUNDWATER MONITORING WELL LOCATION APPROXIMATE GROUNDWATER ELEVATION IN FEET ABOVE MEAN SEA LEVEL (AMSL) PROPOSED REMEDIATION WELL EXISTING REMEDIATION WELL ESTIMATED AERIAL EXTENT OF PHASE TED HYDROCARBON PLUME DASHED WHOSE QUERIED ED PROPOSED REMEDIATION SYSTEM LAYOUT FORMER E-Z SERVE LOCATION No. 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.25827.0009 FIGURE 2 FILE NO. h:projects/erserveil00802/BID/flg2 ASSOCIATES INC. 9820 Chesapeake Qlve,Selte 203 ban DIe9o. California 92123 ATTACHMENTS City of National City Business License (ATC, Associates Inc.) City of National City Business License (West Hazmat Drilling Corp.) D.B.A. PF NATIONAL CITY ifit41.);AN4 TO CITY ORDINANCE THIS LICESE fititt.BY GRANTED FOR THE TERM & PURPOSE STATED. WEST HAZMAT IRILLE1 -'''..:'-i giitiasiiiicatiiiii WA.;TE4: WELL D Riftri .,:k1'..-4.,- '';';:a. '.:'" .::: 'i.:.:. :..•,•;W•'.:'--•.-. • F. .., Mail to: WEST HAZMAT o R I L tAxp,..z MAR-22-1900 BUSINESIICENSE No. 01.139-03 NON-TRANSFERAS0,-,. ••• • ," - Date 01/ 0i/ 03 cx,pire,p 12 / 31 /03 SAN DIEGO, STEEt 9 CITY 141111112 tCOLITI ..7te 3620 KIJRTZ TO THIS LICENSE TO BE POSTED IN A CONSPICUOUS PLACE AT BUSINESS LOCATION • TOTAL P.01 �Pes 1'2•% 3 1 % 0 3 '` EXHIBIT C Proposed Well Construction Detail 3 FOOT PERIMETER SEAL DEPTH BELOW GROUND SURFACE (FOOT) 1 3 APPROX 44 APPROX 46' 7.5' ABOVE GWE (APPROX. 47.5') APPROX 55' 10-INCH DIAMETER DIRLLED BORING 4-INCH PVC END PLUG 7.5' BELOW GWE (APPROX 62.5) APPROX 63' APPROX 66' APPROX.6T 70 NOT TO SCALE Zr I 4644 vetv r+wto:t "` A 1%4I ;IOIjy 4 040l� GROUND SURFACE TRAFFIC RATED, WATER- RESISTANT VAULT CONCRETE SEAL, 3 FEET 1-INCH LOCKING EXPANSION PLUG 4-INCH LOCKING EXPANSION PLUG BENTONITE GROUT 41 FEET 4-INCH SCHEDULE 40 PVC,BLANK CASING BENTONITE PELLET SEAL 2 FEET FILTER SAND NO. 3 MONTEREY OR EQUIVALENT 1-INCH SCHEDULE 40 PVC, BLANK CASING, 68 FEET 4-INCH SCHEDULE 40 PVC, 0.020-INCH SLOT SCREEN, 15 FEET BENTONITE PELLET SEAL 3 FEET FILTER SAND NO.3 MONTEREY OR EQUIVALENT, 3 FEET 1-INCH STAINLESS STEEL 0.020-INCH SLOT SCREEN, (AIR SPARGE PC 14NCH STAINLESS STEEL END PLUG ESTIMATED TOTAL DEPTH, 70 REMEDIATION WELL (YEAS-4 THROUGH VEAS-l0) CONSTRUCTION DETAIL FORMER E-Z SERVE LOCATION No. 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 43.75877.0023 FIGURE 1 FILE NO. h:projects/erserve/100802/prm/fig1 T 962U Ues2. eeke ie 921lde 263 See C3,nn Cneke Di vn.Se ASSOCIATES INC. /7 City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE November11, 2003 AGENDA ITEM NO. 9 ITEM TITLE WARRANT REGISTER #16 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #16 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 851,073.95. Approved By: in nce Dire Account No. BOARD / COMMISSION COMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #16 2. Workers Comp Warrant Register dated 10/08/03 3. Payroll Warrant Register dated 10/08/03 A-200 (9 99) Resolution No. City of National City, California COUNCIL AGENDA STATEMENT r.+EETING DATE November 11 2003 ( Environmental Review N/A AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #17 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #17 per Government Section Code 37208. Financial Statement Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 619,401.59. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #17 2. Workers Comp Warrant Register dated 10/15/03 Resolution No. A-200 [9:99) City of National City, California COUNCIL AGENDA STATEMENT ,.rEETING DATE November 11, 2003 AGENDA ITEM NO. 11 ITEM TITLE WARRANT REGISTER #18 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #18 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Dirac Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 910,622.24. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #18 2. Workers Comp Warrant Register dated 10/22/03 3. Payroll Warrant Register dated 10/22/03 L„,„ A -too (9:99) Resolution No. City of National City, California COUNCIL AGENDA STATEMENT MEET ING DATE November 11, 2003 AGENDA ITEM NO. 12 ITEM TITLE WARRANT REGISTER #19 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #19 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finance Di 4 for Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 335,601.32. BOARD / COMMISSION R;',' CO ENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #19 2. Workers Comp Warrant Register dated 10/29/03 Resolution No. A-200 (9,99) 2. 3. 4. A-200 (9/99) City of National City, California COUNCIL AGENDA STATE ENT tETING DATE November 11, 2003 AGENDA ITEM NO. 13 ITEM TITLE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JULY 31, 2003 PREPARED BYALISON HUNTER X 4332 ��. DEPARTMENT FINANCE - MARYLOU MATIENZO X 4331 EXPLANATION FOR THE CITY COUNCIL'S INFORMATION AND IN COMPLIANCE WITH THE CITY'S INVESTMENT POLICY, THE CONSOLIDATED CASH AND INVESTMENT REPORT AS OF JULY 31, 2003 IS HEREBY SUBMITTED. THIS REPORT REFLECTS THE COMPONENTS OF THE INVESTMENT PROGRAM FOR THE PERIOD THEN ENDED. THE INVESTMENT PORTFOLIO PROVIDES FOR SUFFICIENT LIQUIDITY TO MEET THE FOLLOWING MONTH'S ESTIMATED EXPENDTURES. Environmental Review N/A Financial Statement NOT APPLICABLE STAFF RECOMMENDATION Approved By: Fi MARYLOU MATIENZO Account No. Z \ e Director f V WE RECOMMEND THAT THE REPORT BE ACCEPTED AND FILED. BOARD / COMMISSION RECOMMENDATION CONCUR: ATTACHMENTS �( Listed Below 1 1. CASH ACCOUNT SUMMARY INVESTMENT BY BROKERS PORTFOLIO MANAGEMENT ACTIVITY REPORT 5. CONSOLIDATED CASH REPORT solution 6. MONTHLY STATEMENT OF RECEIPTS 7. MONTHLY STATEMENT OF DISBURSEMENTS 8. POOLED INVESTMENT TRANSACTIONS REPORT CITY OF NATIONAL CITY CASH ACCOUNT SUMMARY 31-Jul-03 BALANCE REVOLVING CASH $ 3,592.95 RETURNED CHECKS 9,742.48 BANK OF AMERICA #80200 403,311.45 OUTSTANDING WARRANTS (577,330.38) PAYROLL OUTSTANDING WARRANTS (108,925.16) CASH HELD BY BROKERS 205,677.21 INVESTMENTS 13,194,236.74 LAIF 31,612,707.17 TOTAL $ 44,743,012.46 INVESTMENT EARNINGS HISTORY: FISCAL YEAR YEAR-TO-DATE TOTAL YEAR 2003-04 11,155.65 11,155.65 2002-03 674,749.41 674,749.41 2001-02 $ 1,500,216.86 $ 1,500,216.86 2000-01 2,642,502.96 2,642,502.96 1999-00 1,841,539.16 1,841,539.16 1998-99 1,702,889.57 1,702,889.57 1997-98 1,478,232.91 1,478,232.91 1996-97 1,256,907.31 1,256,907.31 1995-96 974,113.25 974,113.25 1994-95 1,001,709.56 1,001,709.56 1993-94 1,011,586.52 1,011,586.52 1992-93 721,913.49 721,913.49 1991-92 864,052.63 864,052.63 1990-91 1,303,878.52 1,303,878.52 1989-90 1,544,993.71 1,544,993.71 1988-89 1,311,930.94 1,311,930.94 1987-88 979,435.87 979,435.87 1986-87 1,048,978.23 1,048,978.23 1985-86 1,321,688.93 1,321,688.93 1 Jul 03 Combined Cash Reconciliation Worksheets SymPro CUSIP Investment # Issuer City of National City Investments by Brokers Investments Purchased From Finance 500 Inc July 31, 2003 Purchase Date Book Value Par Value City of National City Current YTM YTM Maturity Days To Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 065284AH4 143878AX8 177707ACO 25467BB98 340558CE3 32112FAD6 633360AB1 74407ML60 74926DAN7 10757 10801 10755 10643 10702 10720 10629 10701 10756 10598 10758 Bank of Tennessee Global Credit Union Bank of Little Chute Carolina Firtst Bank City Bank Discover Bank Florida Bank, NA FNB of Rockies National Bank of Commerce Providian National Bank RBC Centura NB 08/09/2002 99,000.00 99,000.00 99,835.56 2.750 2.712 2.750 08/09/2004 374 11/04/2902 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/04/2004 461 08/07/2002 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 08/06/2004 371 12/07/2001 95,000.00 95,000.00 96,728.05 4.100 4.043 4.100 06/07/2004 311 05/15/2002 95,000.00 95,000.00 100,988.80 4.900 4.832 4.900 05/15/2007 1,383 06/12/2002 95,000.00 95,000.00 96,406.00 3.650 3.600 3.850 06/14/2004 318 09/26/2001 99,000.00 99,000.00 105,641.91 5.150 5.079 5.150. 09/26/2006 1,152 05/15/2002 95,000.00 95,000.00 100,861.50 4.850 4.783 4.850 05/15/2007 1,383 08/08/2002 95,000.00 95,000.00 95,850.25 2.800 2.761 2.800 08/09/2004 374 ' 07/11/2001 95,000.00 95,000.00 97,616.30 5.200 5.128 5.200 07/12/2004 346 08/08/2002 74,000.00 74,000.00 73,995.56 3.000 2.958 3.000 08/08/2007 1,468 Subtotal and Average 1,040,000.00 1,040,000.00 1,065,923.93 3.818 3.871 704 Certificates of Deposit - Maturity 3 n 0663202F2 10234 Bankers Trust 05/20/1999 . Subtotal and Average 95,000.00 95,000.00 94,088.00 8.000 6.000 6.083 05/20/2004 293 95,000.00 95,000.00 94,088.00 6.000 6.083 293 Negotiable/Transferable CDs 0279999X1 10358 06035ADT7 10072 0649999X5 10346 20348PAFO 10727 203584AD9 10071 206073AKA 10726 258115AV6 10041 90715-17243-619 10031 30241HXE3 10159 10262 10870 46146MBU2 10818 458657EV1 10688 531554AG8 10166 Run Date: 08/29/2003 - 17:29 American National B & TC Bank & Trust of Puerto Rico Bank One, Colorado Community Bank of Boone Community Bank of Ravenswood Concord Bank Doral FSB Farmers Bank FCC National Bank Great South Texas Bank Investors Community Bank Investors Bank Intercredit Bank Libertyville Bank & Trust 02/18/2000 74,790.18 100,000.00 100,000.00 8.760 15.582 15.798 02/11/2005 560 01/27/1999 95,000.00 95,000.00 96,542.80 5.300 5.227 5.300 01/27/2004 179 01/25/2000 74,790.18 100,000.00 100,000.00 6.760 15.581 15.797 01/13/2005 .. 531 06/28/2002 97,000.00 97,000.00 98,381.28 3.600 3.550 3.599 06/11/2004 315 01/28/1999 95,000.00 95,000.00 96,575.10 5.350 5.276 5.350 01/28/2004 180 06/28/2002 99,000.00 99,000.00 100,170.18 3.500 3.452 3.499 05/03/2004 276 12/10/1998 98,384.22 99,000.00 100,191.96 5.350 5.417 5.492 12/10/2003 131 10/02/1998 75,948.98 100,000.00 100,000.00 5.650 13.580 13.769 10/02/2003 62 03/10/1999 95,000.00 95,000.00 96,760.30 5.700 5.621 5.700 03/10/2004 222 09/15/1999 75,811.23 100,000.00 100,000.00 6.550 14.981 15.189 07/28/2004 362 07/29/2003 98,267.60 99,000.00 97,974.56 1.550 1.979 2.006 05/16/2005 654 09/03/2002 95,000.00 95,000.00 95,085.50 3.000 2.958 3.000 09/03/2007 1,494 04/30/2002 95,000.00 95,000.00 100,984.05 4.900 4.832 4.900 04/30/2007 1,368 04/06/1999 95,000.00 95,000.00 96,862.95 5.550 5.473 5.549 03/28/2004 238 Portfolio CNC CC DD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From Finance 500 Inc July 31, 2003 Purchase Date Book Value Par Value Page 2 Current YTM YTM Maturity Days To Market Value Rate 380 365 Date Maturity Negotiable/Transferable CDs 509685AC7 10165 10329 60531-17951-1 10038 82668FCS4 10137 8649999X9 10347 10281 90331V9X2 10353 6514-18644-1 10332 Lake Forest Bank & Trust Bank of Mount Vernon Nations Bank (Barnett Bank) Signet Bank Success National Bank Upstate National Bank U S Bank NA Wilmington Trust Co 04/06/1999 02/26/1999 12/01/1998 03/01/1999 01/31/2000 10/05/1999 02/04/2000 03/08/1999 Subtotal and Average 95,000.00 69,971.36 99,000.00 97,886.10 79,937.85 _ 78,963.99 74,008.71 76,570.64 95,000.00 96,862.95 5.550 5.473 5.549 03/26/2004 238 100,000.00 100,000.00 5.600 14.352 14.551 09/14/2005 775 99,000.00 99,000.00 5.850 5.769 5.850 08/03/2003 2 95,000.00 95,746.70 6.250 5.424 5.499 10/29/2003 89 100,000.00 100,000.00 6.270 13.920 14.113 01/31/2004 183 100,000.00 100,000.00 6.570 14.686 14.890 10/24/2003 84 100,000.00 100,000.00 7.020 16.279 16.505 02/03/2005 552 100,000.00 100,000.00 6.150 13.987 14.181 02/26/2004 209 1,935,331.04 2,153,000.00 2,171,158.33 8.204 8.318 393 Federal Agency Securities 3133MYFT9 3133MYB97 31339XQN7 3133Y6G2 10838 10839 10867 10868 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank 05/08/2003 05/08/2003 07/02/2003 07/17/2003 Subtotal and Average 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,000.00 100,031.00 100,031.00 96,500.00 100,000.00 400,000.00 400,000.00 396,562.00 3.000 3.125 2.000 2.000 2.958 3,082 1.972 1.972 3.000 3.125 2.000 2.000 2.497 2.531 05/08/2008 05/08/2008 07/02/2008 07/17/2008 1,742 1,742 1,797 1,812 1,773 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 31376PGY5 10126 Federal Natl. Mortgage Assoc. 11/30/1998 0.00 0.00 0.00 6.000 5.917 6.000 01/15/2013 3,455 12/01/1998 16,968.20 16,281.14 16,968.20 8.500 7.605 7.710 07/01/2011 2,891 Subtotal and Average 16,988.20 16,281.14 16,968.20 7.805 7.711 2,891 Total Investments and Average Run Dale: 08/29/2003 - 17:29 3,487,299.24 3,704,281.14 3,744,700.46 6.179 6.264 654 Portfolio CNC CC OD (PRF_DD) SymRept V5.02f City of National City Investments Purchased From Gilford Securities Inc July 31, 2003 Page 3 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 99,250.00 100,000.00 98,813.00 2.250 2.377 2.410 04/10/2008 1,714 3133MYB97C 10840 Federal Home Loan Bank 05/08/2003 100,000.00 100,000.00 100,031.00 3.125 3.082 3.125 05/08/2008 1,742 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,000.00 100,031.00 3.000 2.958 3.000 05/14/2008 1,748 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 100,000.00 98,780.00 2.700 2.663 2.700 05/28/2008 1,762 31339XT07C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 100,000.00 96,813.00 2.000 1.972 2.000 06/30/2008 1,795 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 99,937.50 100,000.00 96,875.00 2.000 1.985 2.013 07/17/2008 1,812 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 99,750.00 100,000.00 97,125.00 2.000 2.024 2.052 07/24/2008 1,819 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 100,000.00 98,469.00 2.500 2.465 2.500 07/30/2008 1,825 Subtotal and Average 798,937.50 800,000.00 788,937.00 2.441 2.475 1,777 Total Investments and Average Run Date: 0012912003-17:28 798,937.50 800,000.00 786,937.00 2.441 2.475 1,777 Portfolio CNC CC DD (PRF_OD) SymRept V5.02f City of National City Investments Purchased From Multi -Bank Securities Inc July 31, 2003 Page 4 Purchase Current YTM YTM Maturity Days To CUSIP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit - Monthly 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 1.726 1:750 09/18/2003 48 10852 Bank of Bonifay 06/11/2003 95,000.00 95,000.00 95,000.00 2.350 2.317 2.350 06/11/2005 680 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 06/22/2004 326 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.099 5.170 07/20/2004 354 10576 Heritage Bank 06/28/2001 99,000.00 99,000.00 99,000.00 5.100 5.030 5.100 12/29/2003 150 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.057 3.100 08/29/2003 28 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.424 5.500 07/12/2004 346 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000.00 2.430 2.396 2.430 06/05/2005 674 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.722 2.760 10/06/2003 66 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/18/2005 717 654062AM0 10564 Nicolet National Bank 06/01/2001 99,000.00 99,000.00 100,268.19 5.100 5.030 5.100 12/01/2003 122 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.195 2.226 06/06/2005 675 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.071 2.100 07/28/2005 727 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.326 5.400 07/12/2004 346 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.353 3.400 08/27/2004 392 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.404 5.480 07/09/2004 343 10843 Southern New Hampshire B&T Co. 05/08/2003 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 05/08/2004 281 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.290 4.350 03/08/2004 220 10662 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/25/2004 177 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.106 3.150 11/26/2003 117 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 2.219 2.250 07/30/2005 729 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 150: Subtotal and Average 2,176,000.00 2,176,000.00 2,177,268.19 3.603 3.653 ' 347 Negotiable/Transferable CDs 356611FU2060 10168 Fremont Investment & Loan 04/07/1999 97,000.00 97,000.00 99,651.98 5.600 5.523 5.600 04/07/2004 250 39739BS38080 10182 Greenwood Trust Company DE 03/17/1999 100,000.00 100,000.00 102,552.00 5.600 5.523 5.600 03/17/2004 229 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 97,000.00 99,584.08 5.500 5.424 5.500 04/07/2004 250 685621 CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,000.00 99,226.71 5.750 5.671 5.750 11/04/2003 95 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 97,000.00 99,233.91 5.400 5.328 5.400 03/03/2004 215 Subtotal and Average 490,000.00 490,000.00 500,248.68 5.495 5.571 207 Pass Through Securities 31364TKP5060 10103 Run Date: 08/29/2003. 17:29 Federal Natl. Mortgage Assoc. 02/18/1998 0.00 0.00 0.00 8.250 7.206 7.307 11/01/2004 458 Portfolio CNC CC DO (PRF DD) SymRept V5.02t City of National City Investments Purchased From Multi -Bank Securities Inc July 31, 2003 Page 5 Purchase Current •YTM YTM Maturity Days To CUSIP Investment # issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Subtotal and Average 0.00 0.00 0.00 0.000 0.000 0 Total Investments and Average 2,666,000.00 Run Date: 08/29/2003. 17:29 2,668,000.00 2,877,516.87 3.950 4.005 322 Portfolio CNC CC DD (PRF_DD) SymRept V5.021 City of National City Investments Purchased From PaineWebber Inc July 31, 2003 Page 6 Purchase Current YTM YTM Maturity Days To CUSP Investment # Issuer Date Book Value Par Value Market Value Rate 360 365 Date Maturity Federal Agency Securities 3133MYLK1 10844 Federal Home Loan Bank 05/21/2003 100,000.00 100,000.00 100,000.00 3.000 2.958 3.000 05/21/2008 1,755 31339XQN7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 100,000.00 100,000.00 2.000 1.972 2.000 07/02/2008 1,797 Subtotal and Average 200,000.00 200,000.00 200,000.00 2.466 2.500 1,776 Total Investments and Average 200,000.00 200,000.00 200,000.00 2.486 2.500 1,776 Portfolio CNC CC Run Date: 08/29/2003 . 17:29 DD (PRF_DD) SymRept V5.02f CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. July 31, 2003 Page 7 Purchase Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 385 Date Maturity Certificates of Deposit - Monthly 10606 Abington Savings Bank 07/26/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/26/2004 360 10855 Alerus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.169 2.200 06/27/2005 696 10698 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 04/25/2004 268 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 03/29/2004 241 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.254 3.300 10/12/2004 438 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/05/2004 157 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/23/2004 266 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 06/25/2005 694 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 343 10748 Capital One FSB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 3.984 4.040 07/09/2004 343 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 05/13/2004 286 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/30/2004 273 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 11/22/2004 479 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 01/02/2004 154 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.100 5.170 12/29/2003 150 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.919 2.960 11/26/2004 483 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/19/2004 262 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 11/01/2004 458 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.810 2.850 02/18/2005 567 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/09/2004 343 10866 First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.120 2.150 07/25/2005 724 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 04/29/2004 272 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.787 3.840 07/29/2004 363 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.515 2.550 03/24/2005 - 601 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 07/13/2004 347 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 07/01/2004 335 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 3.945 4.000 06/24/2004 328 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000,00 5.150 5.079 5.150 07/23/2004 357 10693 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 3.994 4.050 01/20/2004 172 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.142 4.200 04/24/2004 267 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.090 2.120 07/08/2005 707 10846 Intematibnal Bank of Chicago 05/14/2003 99,000.00 99,000.00 108,900.00 2.550 2.515 2.550 05/18/2005 854 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 11/21/2003 112 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.178 5.250 12/12/2003 133 Run Date: 0829/2003. 17:29 Portfolio CNC CC DD (PRF_DD) SymRept V5.02r CUSIP Investment # Issuer City of National City Investments Purchased From U.S. Sterling Capital Corp. July 31, 2003 Page 8 Purchase Current YTM YTM Maturity Days To Date Book Value Par Value Market Value Rate 360 365 Date Maturity Certificates of Deposit • Monthly 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/11/2005 560 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.712 2.750 02/28/2005 577 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.053 4.110 03/25/2004 237 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 09/07/2004 403 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.043 4.100 05/10/2004 283 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 1.972 2.000 07/05/2005 704 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/25/2005 633 10714 New Frontier Bank 05/08/2002 99,000.00 99,000.00 108,900.00 4.100 4.043 4.100 05/08/2004 281 10828 Omni National Bank _ 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 01%20/2005 538 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 05/05/2005 643 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.205 3.250 09/24/2004 420 , 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.093 4.150 04/22/2004 265 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.227 5.300 11/25/2003 116 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.402 3.450 09/13/2004 409 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.276 5.350 12/22/2003 143 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.925 3.980 07/15/2004 349 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.343 3.390 10/19/2004 445 10811 Stockmans Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.761 2.800 02/13/2005 562 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.191 4.250 07/16/2004 350 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.008 3.050 01/28/2005 546 10853 Union Credit Bank 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 2.268 2.300 06/20/2005 689 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.888 3.940 07/18/2004 352 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.128 5.200 07/16/2004 350 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 99,000.00 99,000.00 5.150 5.079 5.150 01/20/2004 172 10578 World's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.227 5.300 06/29/2004 333 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.880 2.920 01/30/2005 548 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.317 2.350 04/11/2005 619 Subtotal and Average 6,042,000.00 8,042,000.00 6,061,800.00 3.707 3.759 396 Run Date: 08/29/2003. 17:29 Total Investments and Average 6,042,000.00 6,042,000.00 6,061,800.00 3.707 3.759 396 Portfolio CNC CC DD (PRF DD) SymRept V5.02f _11Z SymPro Investments City of National City City of National City Portfolio Manavment Portfolio Summary July 31, 2003 Par - Market Book - % of - Days to YTM/C - YTMIC Value Value. - Value. Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly Certificates of Deposit - Maturity Negotiable/Transferable CDs Federal Agency Securities Pass Through Securities Investments 9,258,000.00 95,009.00 2,643,000.00 1,400,000.00 16,281.14 9,304,992.12 94,088.00 2,671,407.01 1,383,499.00 18,968.20 9,258,000.00 95,000.00 2,425,331.04 1,398,937.50 16,968.20 70.17 0.72 18.38 10.60 0:13 822 1,827 1,887 1,827 4,595 419 3.895 3.746 293 6.000 6.083 358 7.657 - 7.763 1,778 2.461 . 2.495 2,891 _ 7.605 7.711 13,412,281.14 13,470,954.33 13,194,236.74 100.00% 1,096 554 4.314 4.374 Total Earnings July 31 Month Ending Fiscal Year To Date. Current Year Average Daily Balance. Effective Rate of Return Run Dale: 08/29/2003. 17:25 42,932.92 12,843,717.97 3.94% 42,932.92 12,843,717.97 3.94% Portfolio CNC CC PM (PRF PM1) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2003 Page 2 Average Purchase Stated YTM/C Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10806 Abington Savings Bank 07/26/2001 99,000.00 09,000.00 99,000.00 5.200 5.200 360 07/26/2004 10855 Aferus Financial Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.200 2.200 696 06/27/2005 10898 American Bank 04/25/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 268 04/25/2004 10672 American Bank, N.A. 03/29/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 241 03/29/2004 10825 Approved Federal Savings Bank 03/18/2003 99,000.00 99,000.00 99,000.00 1.750 - 1.750 48 09/18/2003 10852 Bank of Bonifay 06/11/2003 96,000.00 95,000.00 95,000.00 2.350 2.350 680 06/11/2005 065284AH4 10757 Bank of Tennessee 08/09/2002 99,000.00 99,835.56 99,000.00 2.750 2.750 374 08/09/2004 10793 Bay Financial Savings Bank 10/09/2002 99,000.00 99,000.00 99,000.00 3.300 3.300 438 10/12/2004 10577 Bankfirst NA 06/22/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 326 06/22/2004 10801 Global Credit Union 11/04/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 461 11/04/2004 10604 Bank of Arkansas 07/20/2001 100,000.00 100,000.00 100,000.00 5.170 5.170 354 07/20/2004 10594 Bank of Jamestown 07/05/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 157 01/05/2004 10755 Bank of Little Chute 08/07/2002 99,000.00 99,000.00 99,000.00 2.800 2.800 371 08/06/2004 10696 Business Bank of Fox River Vly 04/23/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 266 04/23/2004 10854 Bitteroot Valley Bank 06/25/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 694 06/25/2005 10749 Capital One Bank 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 343 07/09/2004 10748 Capital One FEB 07/09/2002 100,000.00 100,000.00 100,000.00 4.040 4.040 343 07/09/2004 10716 Colony Bank of Asbum 05/14/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 286 05/13/2004 10700 Centennial Bank of the West 04/30/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 273 04/30/2004 143876AX8 10643 Carolina Firtst Bank 12/07/2001 95,000.00 96,728.05 95,000.00 4.100 4.100 311 06/07/2004 177707AC0 10702 City Bank 05/15/2002 95,000.00 100,988.80 95,000.00 4.900 4.900 1,383 05/15/2007 10847 Community National Bank 05/22/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 479 11/22/2004 10592 Cumberland National Bank 07/02/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 154 01/02/2004 254678898 10720 Discover Bank 06/12/2002 95,000.00 96,406.00 95,000.00 3.650 3.650 318 06/14/2004 10575 Edgar County Bank & Trust Co. 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 150 12(29/2003 10802 E-Trade Bank 11/25/2002 99,000.00 99,000.00 99,000.00 2.960 2.960 483 11/26/2004 10695 First Alliance Bank 04/19/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 262 04/19/2004 10800 Frirst Community Bank 11/01/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 458 11/01/2004 10812 First Enterprise Bank, West Br 02/18/2003 99,000.00 99,000.00 99,000.00 2.850 2.850 567 02/18/2005 10595 First Western Bank 07/09/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 343 07/09/2004 340558CE3 10629 Florida Bank, NA 09/26/2001 99,000.00 105,641.91 99,000.00 5.150 5.150 1,152 09/26/2006 1086e First National Bank of Barron 07/21/2003 99,000.00 99,000.00 99,000.00 2.150 2.150 724 07/25/2005 10699 FNB of Elk River 04/29/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 272 04/29/2004 10753 First National Bank Northeast 07/29/2002 99,000.00 99,000.00 99,000.00 3.840 3.840 363 07/29/2004 32112FAD6 10701 FNB of Rockies 05/15/2002 95,000.00 100,861.50 95,000.00 4.850 4.850 1,383 05/15/2007 10829 First State Bank of Conway 03/24/2003 99,000.00 99,000.00 99,000.00 2.550 2.550 601 03/24/2005 Run Date: 08/29/2003 - 17:25 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f CUSIP Investment # Issuer City of National City Portfolio Management Page 3 Portfolio Details - Investments July 31, 2003 Average Purchase Stated YTM/C Days to Maturity Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10600 First State Bank of Okabena 07/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 347 07/13/2004 10747 Garden City State Bank 07/01/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 335 07/01/2004 10737 Heritage Bank of Ashland 06/24/2002 99,000.00 99,000.00 99,000.00 4.000 4.000 328 06/24/2004 10576 Heritage Bank 08/28/2601 99,000.00 99,000.00 99,000.00 5.100 5.100 150 12/29/2003 10605 Home Federal Bank of Hollywood 07/24/2001 99,000.00 99,000.00 99,000.00 5.150 5.150 357 07/23/2004 10893 Hinsbrook Bank & Trust 04/17/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 172 01/20/2004 10697 Illini Bank 04/24/2002 99,000.00 99,000.00 99,000.00 4.200 4.200 267 04/24/2004 10865 IndyMac Bank FSB 07/08/2003 99,000.00 99,000.00 99,000.00 2.120 2.120 707 07/08/2005 10764 Insouth Bank 08/29/2002 99,000.00 99,000.00 99,000.00 3.100 3.100 28 08/29/2003 10848 International Bank of Chicago 05/14/2003 99,000.00 108,900.00 99,000.00 2.550 2.550 654 05/16/2005 10523 Key Bank USA 05/21/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 112 11/21/2003 10597 Legacy Bank of Harrisburg 07/12/2001 99,000.00 99,000.00 99,000.00 5.500 5.500 346 07/12/2004 10565 Lakeland Community Bank 06/13/2001 99,000.00 99,000.00 99,000.00 5.250 5.250 133 12/12/2003 10810 Lone Star National Bank 02/11/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 560 02/11/2005 10813 Lowcountry National Bank 02/27/2003 99,000.00 99,000.00 99,000.00 2.750 2.750 577 02/28/2005 10671 Manufacturers & Traders Trust 03/25/2002 99,000.00 99,000.00 99,000.00 4.110 4.110 237 03/25/2004 10851 MBNA America 06/05/2003 99,000.00 99,000.00 99,000.00 2.430 2.430 674 06/05/2005 10736 Mercantile T&SB 06/04/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 403 09/07/2004 10791 Midsouth Bank 10/04/2002 99,000.00 99,000.00 99,000.00 2.760 2.760 66 10/06/2003 10715 Mesa Bank 05/09/2002 99,000.00 99,000.00 99,000.00 4.100 4.100 283 05/10/2004 10864 Mutual Bank 07/03/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 704 07/05/2005 633360AB1 10756 National Bank of Commerce 08/08/2002 95,000.00 95,850.25 95,000.00 2.800 2.800 374 08/09/2004 10859 NCB Savings Bank FSB 07/17/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 717 07/18/2005 10837 Northeast Bank FSB 04/24/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 633 04/25/2005 10714 New Frontier Bank 05/08/2002 99,000.00 108,900.00 99,000.00 4.100 4.100 281 05/08/2004 654062AM0 10564 Nicolet National Bank 06/01/2001 99,000.00 100,268.19 99,000.00 5.100 5.100 122 12/01/2003 10828 Omni National Bank 03/21/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 538 01/20/2005 10850 Orion Bank 06/05/2003 99,000.00 99,000.00 99,000.00 2.226 2.226 675 06/06/2005 10861 Pan American Bank 07/28/2003 99,000.00 99,000.00 99,000.00 2.100 2.100 727 07/28/2005 10599 Park Avenue Bank NA, The 07/11/2001 99,000.00 99,000.00 99,000.00 5.400 5.400 346 07/12/2004 10845 Pioneer Bank 05/05/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 643 05/05/2005 10763 PlantersFirst Bank 08/27/2002 99,000.00 99,000.00 99,000.00 3.400 3.400 392 08/27/2004 74407ML60 105zl6 Providian National Bank 07/11/2001 95,000.00 97,616.30 95,000.00 5.200 5.200 346 07/12/2004 10776 PNB Financial Bank 09/24/2002 99,000.00 99,000.00 99,000.00 3.250 3.250 420 09/24/2004 10694 Premier Bank of Tallahassee 04/22/2002 99,000.00 99,000.00 99,000.00 4.150 4.150 265 04/22/2004 10596 Providian Bank 07/10/2001 99,000.00 99,000.00 99,000.00 5.480 5.480 343 07/09/2004 Run Date: 08/29/2003. 17:25 Portfolio CNC CC PM (PRP_PM2) SymRept V5.02f CUSIP City of National City Portfolio Management Portfolio Details - Investments July 31, 2003 Page 4 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Certificates of Deposit - Monthly 10525 Peoples State Bank of Truman 05/25/2001 99,000.00 99,000.00 99,000.00 5.300 5.300 118 11/25/2003 10774 Peoples State Bank 09/12/2002 99,000.00 99,000.00 99,000.00 3.450 3.450 409 09/13/2004 74926DAN7 10758 RBC Centura NB 08/08/2002 74,000.00 73,995.56 74,000.00 3.000 3.000 1,468 08/08/2007 10570 Suburban Bank & Trust 06/20/2001 99,000.00 99,000.00 99,000.00 5.350 5.350 143 12/22/2003 10751 Security Bank 07/15/2002 99,000.00 99,000.00 99,000.00 3.980 3.980 349 07/15/2004 10843 Southern New Hampshire B&T Co. 05/08/2003 99,000.00 99,000.00 99,000.00 2.000 2.000 281 05/08/2004 10682 State Farm Financial Svcs, FSB 03/06/2002 100,000.00 100,000.00 100,000.00 4.350 4.350 220 03/08/2004 10775 SouthTrust Bank 09/19/2002 99,000.00 99,000.00 99,000.00 3.390 3.390 445 10/19/2004 10682 Sterling Bank & Trust, FSB 01/25/2002 99,000.00 99,000.00 99,000.00 4.050 4.050 177 01/25/2004 10811 Stockman Bank 02/13/2003 99,000.00 99,000.00 99,000.00 2.800 2.800 562 02/13/2005 10762 Total Bank 08/26/2002 99,000.00 99,000.00 99,000.00 3.150 3.150 117 11/26/2003 10717 Traditional Bank 05/16/2002 99,000.00 99,000.00 99,000.00 4.250 4.250 350 07/16/2004 10808 Treasury Bank 01/28/2003 99,000.00 99,000.00 99,000.00 3.050 3.050 546 01/28/2005 10853 Union Credit Bank 06/18/2003 99,000.00 99,000.00 99,000.00 2.300 2.300 689 06/20/2005 10752 Union National Bank of Elgin, 07/18/2002 99,000.00 99,000.00 99,000.00 3.940 3.940 352 07/18/2004 10601 Union Bank 07/16/2001 99,000.00 99,000.00 99,000.00 5.200 5.200 350 07/16/2004 10862 Washington Savings Bank, FSB 07/31/2003 99,000.00 99,000.00 99,000.00 2.250 2.250 729 07/30/2005 10602 Wauwatosa Savings Bank 07/18/2001 99,000.00 - 99,000.00 99,000.00 5.150 5.150 172 01/20/2004 10578 Word's Foremost Bank 06/29/2001 100,000.00 100,000.00 100,000.00 5.300 5.300 333 06/29/2004 10809 Webster Five Cents Savings Bk. 01/30/2003 99,000.00 99,000.00 99,000.00 2.920 2.920 548 01/30/2005 10836 West Pointe Bank 04/10/2003 99,000.00 99,000.00 99,000.00 2.350 2.350 619 04/11/2005 10574 York State Bank & Trust 06/27/2001 99,000.00 99,000.00 99,000.00 5.100 5.171 150 12/29/2003 Subtotal. and Average 9,002,516.13 9,258,000.00 9,304,992.12 9,258,000.00 3.746 419 Certificates of Deposit - Maturity 066320ZF2 10234 Bankers Trust Subtotal and Average 05/20/1999 95,000.00 94,088.00 95,000.00 8.000 6.083 293 05/20/2004 95,000.00 95,000.00 94,088.00 95,000.00 6.063 293 Negotiable/Transferable CDs 0279999X1 10358 American National B & TC 02/18/2000 100,000.00 100,000.00 74,790.18 6.760 15.799 560 02/11/2005 06035ADT7 10072 Bank & Trust of Puerto Rico 01/27/1999 95,000.00 96,542.80 95,000.00 5.300 5.300 179 01/27/2004 0649999X5 10348 Bank One, Colorado 01/25/2000 100,000.00 100,000.00 74,790.18 6.760 15.798 531 01/13/2005 20348PAF0 10727 Community Bank of Boone 06/28/2002 97,000.00 98,381.28 97,000.00 3.600 3.599 315 06/11/2004 203584AD9 10071 Community Bank of Ravenswood 01/28/1999 95,000.00 96,575.10 95,000.00 5.350 5.350 180 01/28/2004 206073AKA 10726 Concord Bank 06/28/2002 99,000.00 100,170.18 99,000.00 3.500 3.500 276 05/03/2004 258115AV6 10041 Doral FSB 12/10/1998 99,000.00 100,191.96 98,384.22 5.350 5.493 131 12/10/2003 Run Date: 08/29/2003. 1725 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2003 Page 5 Average Purchase Stated YTM/C Days to Maturity CUSIP investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Negotiable/Transferable CDs 90715-17243-619 10031 Farmers Bank 10/02/1998 100,000.00 100,000.00 75,948.98 5.650 13.769 62 10/02/2003 30241HXE3 10159 FCC National Bank 03/10/1999 95,000.00 96,780.30 95,000.00 5.700 5.700 222 03/10/2004 356811 FU2080 10168 Fremont Investment & Loan 04/07/1999 97,000.00 99,651.98 97,000.00 5.600 5.600 250 04/07/2004 397398S36060 10162 Greenwood Trust Company DE 03/17/1999 100,000.00 102,552.00 100,000.00 5.600 5.600 229 03/17/2004 10262 Great South Texas Bank 09/15/1999 100,000.00 100,000.00 75,811.23 6.550 15.190 362 07/28/2004 441800AY8060 10167 Household Bank 04/07/1999 97,000.00 99,584.08 97,000.00 5.500 5.500 250 04/07/2004 10870 Investors Community Bank 07/29/2003 99,000.00 97,974.56 98,267.60 1.550 2.007 654 05/16/2005 46146MBU2 108 rj Investors Bank 09/03/2002 95,000.00 95,085.50 95,000.00 3.000 3.000 1,494 09/03/2007 458657EV1 10688 Intercredit Bank 04/30/2002 95,000.00 100,984.05 95,000.00 4.900 4.900 1,368 04/30/2007 531554AG8 10166 Libertyville Bank & Trust 04/06/1999 95,000.00 96,862.95 95,000.00 5.550 5.550 238 03/26/2004 509685AC7 10165 Lake Forest Bank & Trust 04/06/1999 95,000.00 96,862,95 95,000.00 5.550 5.550 238 03/26/2004 10329 Bank of Mount Vernon 02/26/1999 100,000.00 100,000.00 69,971.36 5.800 14.552 775 09/14/2005 80531-17951-1 10038 Nations Bank (Bamett Bank) 12/01/1998 99,000.00 99,000.00 99,000.00 5.850 5.850 208/03/2003 685621CW2060 10034 Orchard Federal Savings Bank 11/04/1998 99,000.00 99,226.71 99,000.00 5.750 - 5.750 95 11/04/2003 82668FCS4 10137 Signet Bank 03/01/1999 95,000.00 95,746.70 97,886.10 6.250 5.500 89 10/29/2003 798219AB7060 10146 San Jose National Bank 03/03/1999 97,000.00 - 99,233.91 97,000.00 5.400 5.400 215 03/03/2004 8649999X9 10347 Success National Bank 01/31/2000 100,000.00 100,000.00 79,937.85 6.270 14.114 183 01/31/2004 10281 Upstate National Bank 10/05/1999 100,000.00 100,000.00 78,963.99 6.570 14.890 84 10/24/2003 90331V9X2 10353 U S Bank NA 02/04/2000 100,000.00 100,000.00 74,008.71 7.020 16.505 552 02/03/2005 6514-18644-1 10332 Wilmington Trust Co 03/08/1999 100,000.00 100,000.00 76,570.64 6.150 14.182 209 02/26/2004 Subtotal and Average 2,336,673.21 2,643,000.00 2,871,407.01 2,425,331.04 7.763 356 Federal Agency Securities 3133MXEGOC 10833 Federal Home Loan Bank 04/10/2003 100,000.00 98,813.00 99,250.00 2.250 2.410 1,714 04/10/2008 3133MYFT9 10838 Federal Home Loan Bank 05/08/2003 100,000.00 100,031.00 100,000.00 3.000 3.000 1,742 05/08/2008 3133MYB97 10839 Federal Home Loan Bank 05/08/2003 100,000.00 100,031.00 100,000.00 3.125 3.125 1,742 05/08/2008 3133MYB97C 10840 Federal Home Loan Bank 05/08/2003 - 100,000.00 100,031.00 100,000.00 3.125 3.125 1,742 05/08/2008 3133MYF28C 10841 Federal Home Loan Bank 05/14/2003 100,000.00 100,031.00 100,000.00 3.000 3.000 1,748 05/14/2008 3128X1DQ7C 10842 Federal Home Loan Bank 05/28/2003 100,000.00 98,780.00 100,000.00 2.700 2.700 1,762 05/28/2008 3133MYLK1 10844 Federal Home Loan Bank . 05/21/2003 100,000.00 100,000.00 100,000.00 3.000 3.000 1,755 05/21/2008 31339XTQ7C 10849 Federal Home Loan Bank 06/30/2003 100,000.00 96,813.00 100,000.00 2.000 2.000 1,795 06/30/2008 31339Y6G2C 10856 Federal Home Loan Bank 07/17/2003 100,000.00 98,875.00 99,937.50 2.000 2.013 1,812 07/17/2008 31339YFN7C 10857 Federal Home Loan Bank 07/24/2003 100,000.00 97,125.00 99,750.00 2.000 2.053 1,819 07/24/2008 31339YPB2C 10858 Federal Home Loan Bank 07/30/2003 100,000.00 98,469.00 100,000.00 2.500 2.500 1,825 07/30/2008 31339XQN7 10863 Federal Home Loan Bank 07/02/2003 100,000.00 100,000.00 100,000.00 2.000 2.000 1,797 07/02/2008 31339XQN7 10887 Federal Home Loan Bank 07/02/2003 100,000.00 96,500.00 100,000.00 2.000 2.000 1,797 07/02/2008 Run Date: 08/29/2003. 17:25 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f City of National City Portfolio Management Portfolio Details - Investments July 31, 2003 Page 6 Average Purchase Stated YTMIC Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Federal Agency Securities 3133Y6G2 10888 Federal Home Loan Bank 07/17/2003 100,000.00 100,000.00 100,000.00 2.000 2.000 1,812 07/17/2008 Subtotal and Average 1,389,477.82 1,400,000.00 1,383,499.00 1,398,937.50 2.495 1,776 Pass Through Securities 3133TGSG5 10637 Federal Home Loan Mrtgage Corp 11/30/1998 0.00 0.00 0.00 6.000 6.000 0 01/15/2013 31364TKP5060 10103 Federal Natl. Mortgage Assoc. -02/18/1998 0.00 0.00 0.00 8.250 7.307 0 11/01/2004 31376PGY5 10126 Federal Natl. Mortgage Assoc. 12/01/1998 16,281.14 16,968.20 16,968.20 8.500 7.711 2,891 07/01/2011 Subtotal and Average 20,150.81 16,281.14 16,968.20 16,988.20 7.711 2,891 Total Investments and Average 12,843,717.97 Run Date: 08/29/2003 - 17:25 13,412,281.14 13,470,954.33 13,194,236.74 4.374 554 Portfolio CNC CC PM (PRF_PM2) SymRept V5.02f SymPro CUSIP City of National City Activity Report Sorted By Brokers July 1, 2003 - July 31, 2003 Par Value Par Value City of National City Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Brokers: Finance 500 Inc Certificates of Deposit - Monthly Subtotal and Balance 1,040,000.00 1,040,000.00 Certificates of Deposit - Maturity Subtotal and Balance 95,000.00 95,000.00 Negotiable/Transferable CDs 10870 Investors Community Bank 1.550 07/29/2003 99,000.00 0.00 Subtotal and Balance 2,054,000.00 99,000.00 0.00 2,153,000.00 Federal Agency Securities 3133MXN21 10831 Federal Home Loan Bank 3.000 07/16/2003 0.00 100,000.00 3133MXW21 10832 Federal Home Loan Bank 2.500 07/25/2003 0.00 100,000.00 31339XQN7 10867 Federal Home Loan Bank 2.000 07/02/2003 100,000.00 0.00 3133Y6G2 10868 Federal Home Loan Bank 2.000 07/17/2003 100,000.00 0.00 Subtotal and Balance 400,000.00 200,000.00 200,000.00 400,000.00 Pass Through Securities 31376PGY5 10126 Federal Natl. Mortgage Assoc. Subtotal and Balance Brokers Subtotal 27.619% 20,225.55 3,809,225.55 8.500 07/25/2003 0.00 3,944.41 0.00 3,944.41 16,281.14 299,000.00 203,944.41 3,704,281.14 Brokers: Gilford Securities Inc Federal Agency Securities 3133MUQR9C 10807 Federal Home Loan Bank 3.000 07/15/2003 0.00 100,000.00 3133MXS87C 10834 Federal Home Loan Bank 3.000 07/18/2003 0.00 100,000.00 3133MXN21C 10835 Federal Home Loan Bank 3.000 07/16/2003 0.00 100,000.00 31339Y6G2C 10856 Federal Home Loan Bank 2000 07/17/2003 100,000.00 0.00 31339YFN7C 10857 Federal Home Loan Bank 2.000 07/24/2003 100,000.00 0.00 31339YPB2C 10858 Federal Home Loan Bank 2.500 07/30/2003 100,000.00 0.00 Portfolio CNC CC Run Date: 08/29/2003 - 17:28 DA (PRF_DA) SymRept V5.02f CUSIP City of Natio,...t City Activity Report July 1, 2003 - July 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 2 Subtotal and Balance 800,000.00 300,000.00 300,000.00 800,000.00 Brokers Subtotal 5.965% 800,000.00 300,000.00 300,000.00 800,000.00 Brokers: Multi -Bank Securities Inc Certificates of Deposit - Monthly 10859 NCB Savings Bank FSB 2.100 07/17/2003 99,000.00 0.00 10861 Pan American Bank 2.100 07/28/2003 99,000.00 0.00 10862 Washington Savings Bank, FSB 2.250 07/31/2003 99,000.00 0.00 Subtotal and Balance 1,879,000.00 297,000.00 0.00 2,176,000.00 Negotiable/Transferable CDs 856284GL2060 10135 State Bank of India Subtotal and Balance 5.850 07/01/2003 0.00 97,000.00 587,000.00 0.00 97,000.00 490,000.00 Pass Through Securities Subtotal and Balance 0.00 0.00 Brokers Subtotal 19.877% 2,466,000.00 297,000.00 97,000.00 2,666,000.00 Brokers: PaineWebber Inc Federal Agency Securities 31339XQN7 10863 Federal Home Loan Bank 2.000 07/02/2003 100,000.00 0.00 Subtotal and Balance 100,000.00 100,000.00 0.00 200,000.00 Brokers Subtotal 1.491% 100,000.00 100,000.00 0.00 200,000.00 '° Brokers: U.S. Sterling Capital Corp. Certificates of Deposit - Monthly 10593 Mutual Bank 5.050 07/03/2003 0.00 99,000.00 10670 First National Bank of Barron 3.350 07/21/2003 0.00 99,000.00 10884 Mutual Bank 2.000 07/03/2003 99,000.00 0.00 10865 IndyMac Bank FSB 2.120 07/08/2003 99,000.00 0.00 10886 First National Bank of Barron 2.150 07/21/2003 99,000.00 0.00 Subtotal and Balance 5,943,000.00 297,000.00 198,000.00 6,042,000.00 Portfolio CNC CC Run Date: 08/29/2003 - 17:28 DA (PRF_DA) SymRept V5.02f CUSIP City of National City Activity Report July 1, 2003 • July 31, 2003 Par Value Par Value Percent Beginning Current Transaction Purchases Sales/Calls/Maturities Ending Investment # Issuer of Portfolio Balance Rate Date or Deposits or Withdrawals Balance Page 3 Brokers Subtotal 45.048% 5,943,000.00 297,000.00 198,000.00 6,042,000.00 Run Date: 08/29/2003 - 17:28 Total 100.000% 12,918,225.55 1,293,000.00 798,944.41 13,412,281.14 Portfolio CNC CC DA (PRF_DA) SymRept V5.02f CITY OF NATIONAL CITY CONSOLIDATED CASH REPORT JULY 31, 2003 FUND FUND TITLE ENDING BALANCE 001 GENERAL FUND 4,743,560.94 103 GENERAL CAPITAL OUTLAY FUND 847,195.43 108 LIBRARY CAPITAL OUTLAY 281,247.80 109 GAS TAXES FUND 1,067,073.96 110 EMERGENCY PREPAREDNESS FUND 49,062.50 111 P.O.S.T. FUND 5,007.26 113 CULTURAL ARTS FUND 95,000.00 115 PARK & REC CAPITAL OUTLAY FUND 102,602.81 120 PLAN CHECKING REVOLVING FUND 35,836.44 123 GRANT -FAMILIES FOR LITERACY 475.52 125 SEWER SERVICE FUND 8,486,584.53 126 FIRE DEPT ACTIVITIES FUND 248.11 130 EMT-D REVOLVING FUND 239,760.06 131 ASSET FORFEITURE FUND 496,488.34 136 TINY TOT CLASSES FUND 9,657.93 145 JUVENILE EDUCATION FUND 3,370.56 154 STATE PUBLIC LIBRARY FUND 106,227.26 157 GRANT-SUPPL. LAW ENF. (SLESF) 29,250.81 158 SWIMMING POOL REVOLVING FUND 18,457.48 159 GENERAL PLAN UPDATE RESERVE 332,207.58 171 LIBRARY SCHOOL DISTRICT CNTRCT 35,048.79 172 TRASH RATE STABILIZATION FUND 397,720.61 175 PETROLEUM VIOLATORS ESCROW 5,510.00 176 POLICE REIMBURSED OVERTIME 159.99 179 NPT BUS DONATIONS FUND 614.65 189 CIVIC CENTER REFURBISHING 3,334,952.38 190 30TH STREET CLEANUP FUND - 1303 255,275.75 191 STOP PROJECT 5,409.94 192 LEASE ESCROW FUND 20,027.62 195 LANDSCAPE RESERVE 899,715.61 196 CAPITAL PROJECT RESERVE 669,920.19 197 PRODUCTIVITY IMPROVEMENT RESER 75,000.00 198 PROPERTY EVIDENCE SEIZURE 13,598.94 200 30TH STREET CLEANUP FUND - 1304 612,342.59 203 PARK SECURITY/GTE LEASE 28,000.00 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 27,788.62 211 SECURITY AND ALARM REGULATION FUND 106,147.55 212 PERSONNEL COMPENSATION FUND 252,179.61 214 EVERY 15 MINUTES GRANT FY1999-2000 2,833.95 216 FULFILL GRANT 24,376.51 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 24,669.17 229 CLEEP GRANT 26,353.69 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 234 EMPLOYEE COMPUTER PURCHASE FUND 14,699.52 236 FIRST PEOPLES GRANT 29,869.35 237 LEARN @ NCPL 38,158.18 238 VIDEOCONF.COMM. OF PRACTICE GRANT 12,184.91 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 24,231.04 240 LITERACY INTIATIVES XI 33,193.32 241 NATIONAL CITY LIBRARY STATE GRANT 84,588.32 242 N. CITY LIBRARY MATCHING FUND 5,721,174.47 249 PARADISE CREEK ENHANCEMENT PLAN 710,000.00 270 NUISANCE ABATEMENT FUND 1,587.68 272 LITERACY INITIATIVES X 2.61 303 CAPITAL FACILITIES FUND 705,571.40 304 PARK DEVELOPMENT FUND 171,097.11 307 PROPOSITION A" FUND 3,244,144.26 308 GRANT -HIGHWAY BRIDGE REHAB 539,571.81 312 STP LOCAL/TRANSNET HIGHWAY 316,709.68 343 STATE -LOCAL PARTNERSHIP 103,093.52 345 TRAFFIC CONGESTION RELIEF 530,183.89 363 SECURITY & FIRE ALARM REGULATION FUND 35,972.50 626 FACILITIES MAINT FUND 444,796.95 627 LIABILITY INS. FUND 4,669,251.90 629 INFORMATION SYSTEMS MAINTENANC 180,840.87 630 OFFICE EQUIPMENT DEPRECIATION 2,031,466.21 631 TELECOMMUNICATIONS REVOLVING 387,171.09 632 GENERAL ACCOUNTING SERVICES 208,668.96 633 UNEMPLOYMENT INSURANCE RESERVE 148,712.00 643 MOTOR VEHICLE SVC FUND 2,285.93 644 EQUIPMENT REPLACEMENT RESERVE 520,000.00 721 LIBRARY TRUST FUND 46,739.45 725 PLANNING 1,245.00 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 83,128.18 727 BUILDING AND SAFETY T & A DEPOSITS 5,000.00 UNPOSTED ITEMS (102,260.72) TOTAL ALL FUNDS 44,743,012.46 Variance -0.23% MONTHLY STATEMENT OF RECEIPTS FOR PERIOD ENDING JULY JULY FUND # FUND TITLE REVENUE YTD REVENUE 001 GENERAL FUND 858,936.40 858,936.40 103 GENERAL CAPITAL OUTLAY FUND 0.00 0.00 108 LIBRARY CAPITAL OUTLAY 1,603.05 1,603.05 109 GAS TAXES FUND (17,696.89) (17,696.89) 115 PARK & REC CAPITAL OUTLAY FUND 1,250.00 1,250.00 120 PLAN CHECKING REVOLVING FUND 5,836.44 5,836.44 123 GRANT -FAMILIES FOR LITERACY 475.52 475.52 125 SEWER SERVICE FUND (386,238.86) (386,238.86) 131 ASSET FORFEITURE FUND 1,321.23 1,321.23 154 STATE PUBLIC LIBRARY FUND 109,822.67 109,822.67 158 SWIMMING POOL REVOLVING FUND 15,017.50 15,017.50 171 LIBRARY SCHOOL DISTRICT CNTRCT 24,810.57 24,810.57 190 30TH STREET CLEANUP FUND - 1303 351.16 351.16 191 STOP PROJECT 4,232.00 4,232.00 200 30TH STREET CLEANUP FUND - 1304 842.34 842.34 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 27,788.62 27,788.62 211 SECURITY AND ALARM REGULATION FUND 5,901.60 5,901.60 216 FULFILL GRANT 24,376.51 24,376.51 220 LOCAL LAW ENF. BLOCK GRANT FY2000-2001 17,052.63 17,052.63 222 WOW MOBILE GRANT FY 2000-2001 31,450.60 31,450.60 229 CLEEP GRANT 26,353.69 26,353.69 233 LOCAL LAW ENF. BLOCK GRANT FY2001-2002 15,918.96 15,918.96 236 FIRST PEOPLES GRANT 30,887.52 30,887.52 237 LEARN @ NCPL 42,226.95 42,226.95 238 VIDEOCONF.COMM. OF PRACTICE GRANT 12,184.91 12,184.91 239 LOCAL LAW ENF BLOCK GRANT FY2002-2003 24,231.04 24,231.04 240 LITERACY INTIATIVES XI 28,797.83 28,797.83 242 N. CITY LIBRARY MATCHING FUND 42,954.80 42,954.80 307 PROPOSITION A" FUND - (34,300.41) (34,300.41) 308 GRANT -HIGHWAY BRIDGE REHAB 431,175.67 431,175.67 312 STP LOCALITRANSNET HIGHWAY (3,398.76) (3,398.76) 343 STATE -LOCAL PARTNERSHIP (1,086.04) (1,086.04) 552 TDA 113,595.06 113,595.06 627 LIABILITY INS. FUND 61,801.67 61,801.67 TOTALS 1,518,475.98 1,518,475.98 MONTHLY STATEMENT OF DISBURSEMENTS FOR THE MONTH ENDING JULY FUND NO. FUND TITLE JULY YTD.JULY 001 GENERAL FUND 1,150,136.13 1,150,136.13 104 LIBRARY FUND 57,523.56 57,523.56 105 PARKS MAINTENANCE FUND 39,608.26 39,608.26 109 GAS TAXES FUND 23.16 23.16 111 P.O.S.T. FUND -238.18 -238.18 125 SEWER SERVICE FUND 29,188.54 29,188.54 135 SD COUNTY REG AUTO THEFT TASK 4,894.82 4,894.82 147 GRANT -JUDGE PROGRAM 4,840.32 4,840.32 154 STATE PUBLIC LIBRARY FUND 2,608.31 2,608.31 172 TRASH RATE STABILIZATION FUND 3,186.18 3,186.18 173 NATIONAL SCHOOL DIST CONTRACT 2,571.04 2,571.04 174 SWEETWATER SCHOOL DIST CONTRAC 5,849.44 5,849.44 188 GRANT - HIDTA 7,456.89 7,456.89 191 STOP PROJECT 6,682.06 6,682.06 211 SECURITY AND ALARM REGULATION FUND 2,444.82 2,444.82 212 PERSONNEL COMPENSATION FUND 302,655.58 302,655.58 222 WOW MOBILE GRANT FY 2000-2001 5,138.31 5,138.31 227 CLLS MATCHING FUNDS 132.55 132.55 230 ABANDONED VEHICLE ABATEMENT GRANT 7,228.72 7,228.72 231 HOUSING PILOT PROGRAM 4,652.37 4,652.37 236 FIRST PEOPLES GRANT 1,018.17 1,018.17 237 LEARN @ NCPL 4,068.77 4,068.77 301 GRANT-C.D.B.G. 25,290.07 25,290.07 302 CDC PAYMENTS 32,886.16 32,886.16 307 PROPOSITION A" FUND 7,411.65 7,411.65 552 TDA 133,923.95 133,923.95 626 FACILITIES MAINT FUND 47,401.24 47,401.24 627 LIABILITY INS. FUND 247,113.35 247,113.35 628 GENERAL SERVICES FUND 593.73 593.73 629 INFORMATION SYSTEMS MAINTENANC 18,519.86 18,519.86 630 OFFICE EQUIPMENT DEPRECIATION 25,331.89 25,331.89 631 TELECOMMUNICATIONS REVOLVING 5,035.71 5,035.71 632 GENERAL ACCOUNTING SERVICES 27,525.58 27,525.58 643 MOTOR VEHICLE SVC FUND 26,845.03 26,845.03 TOTAL ALL FUNDS 2,239,548.04 2,239,548.04 Pooled Investment Transactions Report For the Month of July 2003 Date Description Institution Ref. No. Amount Beginning Balance 32,682,944.32 07/03/03 Withdrawal LAIF 1475451 (300,000.00) 07/03/03 Deposit LAIF 255874 700,000.00 07/14/03 Quarterly Interest LAIF 243279 129,762.85 07/15/03 Withdrawal LAIF 897205 (1,000,000.00) 07/30/03 Withdrawal LAIF 216873 (600,000.00) Ending Balance 31,612,707.17 City of National City, California COUNCIL AGENDA STATE EDIT _FETING DATE November _ 4.1, 2003 AGENDA ITEM NO. 14 ITEM TITLE CLAIM FOR DAMAGES: Anita Brinkley PREPARED BY Michael R. Dalla, CMAPARTMENT City Clerk EXPLANATION The claim of Anita Brinkley arises from an occurrence on September 4, 2003 and was filed with the City Clerk's Office on September 30, 2003 CEnvironmental Review Financial Statement N/A N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Deny the claim, and refer to the City Attorney. BOARD f COMMISSION RECOMMENDATION N/A ATTACHMENTS i~is ed Below ) N/A Resolution No, A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT —FETING DATE November 11, 2003 1 AGENDA ITEM NO. 15 ITEM TITLE CLAIM FOR DAMAGES: Jason Lao PREPARED BY Michael R. Dalla, CM PARTMENT City Clerk EXPLANATION The claim of Jason Lao arises from an occurrence on September 8, 2003 and was filed with the City Clerk's Office on October 6, 2003 Environmental Review_ N/A Financial Statement N/A STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ► Listed elow ► N/A Approved By; Finance Director Account No. Resolution No, A-200 (9%99) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Nov, 11, 2003 Second Reading AGENDA ITEM NO. 16 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CL TO RS-2 AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE. (APPLICANT: CITY INITIATED). (CASE FILE NOS. GP-2003-3, ZC-2003-2) PREPARED BY EXPLANATION 9, Roger Post (336-4310) DEPARTMENT Planning EXT. The City Council approved the amendment after holding a public hearing August 19, 2003. The attached ordinance will carry out that action. A resolution is also needed and is provided as a separate agenda item. Environmental Review X N/A ("Financial Statement N/A STAFF RECOMMENDATION MIS Approval Adopt the attached ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS a Listed Below 1. Resolution 2. Location Map Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM CL TO RS-2 AT THE SOUTHEAST CORNER OF 8TH STREET AND N AVENUE APPLICANT: CITY INITIATED CASE FILE NOS. GP-2003-3, ZC-2003-2 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of -National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council finds the rezoning consistent with and necessary to implement the General Plan. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and each of them be and hereby are denied and overruled. as follows: Section 2. That all the real property described below is hereby rezoned From CL (Limited Commercial) to RS-2 (Single -Family Residential) for approximately 1.06 acres at the southeast corner of 8th Street and N Avenue, and for adjacent street right of way including the east half of N Avenue and the south half of 8th Street, as shown on the Location Map for case file Nos. GP-2003-3 and ZC-2003-2, on file in the office of the City Clerk. Ordinance No. 2003 — Page Two Section 3. That a Notice of Exemption shall be filed indicating that the rezoning will not be subject to the California Environmental Quality Act, since there is no possibility that the action will have a significant environmental effect, as the area has already been approved for development of single-family homes under current zoning and the proposed zoning better reflects the planned use of the approved subdivision. PASSED and ADOPTED this day of , 2003. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: acitt George H. Eiser, Ill City Attorney NATIONAL CITY PLANNING 100 Feet AMENDMENT AREA ZONE BOUNDARY LOCATION MAP Amendment to the Combined General Plan/Zoning Map 45101.0.0...00499. DRN. DATE: 7/23/03 INITIAL from CG-PD to RS-2 GP-2003-3/ZC-2003-2 HEARING: 8/4/03 City of National City, California COUNCIL AGENDA STATEMENT .nEETING DATE November 11, 2003 OLD BUSINESS AGENDA ITEM NO. 17 7-ITEM7-ITEM TITLE REPORT TO THE CITY COUNCIL ON THE ISSUE OF THE SEAWIND DRIVE AREA "NO PARKING - TOW -AWAY -STREET SWEEPING" SIGNS ELECTION PREPARED BY Adam Landa 336-4580 DEPARTMENT Public Works/Engineering EXPLANATION On October 7, 2003, the City Council directed staff to conduct an election among the residents of Seawind Drive, Calle Delgado, and Meadow Drive to determine if they would desire the street sweeping signs installed. The matter was to return to the City Coucil on November 4, 2003 for a decision. The voting election letters went out on October 9, 2003 to all residents of the Seawind Drive area with a two week deadline. Residents were asked if they were in favor of the installation of "no parking -tow - away -street sweeping" signs or if they were against the signs. A copy of the election letter is attached for reference. The results of the election are as follows: 17 voted in favor of the installation of the "no parking -tow -away -street -sweeping" signs 14 voted against the installation of the "no parking -tow -away -street sweeping" signs 19 did not vote In conclusion, the majority voted for the installation of the signs. Therefore, signs could be installed by Public Works in two weeks if the City Council directs staff. The City Council approved the installation of the signs at their August 19, 2003 meeting by a resolution. Environmental Review X N/A Financial Statement The cost of $1,575 will be absorbed in the existing Public WorksApproved By: Street M&0 budget. Finance Director Account No. STAFF RECOMMENDATION That the City Counc: direc,the Public Works Department whether or not to install the signs. BOARD/COMM- ;LION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 Resolution No. 1. Election Letter 2. Council Report of October 7, 2003 A-200 (9 99) 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 October 9, 2003 Dear Resident of Calle Delgado, Meadow Drive, or Seawind Drive: RE: "NO PARKING -TOW -AWAY -STREET SWEEPING" SIGNS At the October 7, 2003 City Council Meeting, the City Council directed staff to conduct an election among the residents in your designated area, to determine a majority vote in favor of, or against, installing "No Parking -Tow -Away -Street Sweeping" signs. Please follow these Important voter requirements: • Only one vote is allowed per household. • The person voting must be a resident of the address. • Your vote must be submitted in person. • Due no later than 4:30 p.m. on October 22, 2003. ® You must bring photo I.D. and proof of residence. • A recent utility bill (SDG&E, cable or phone) may be used as proof of residence. Please register your vote below, and then bring this letter and a valid photo I.D. (preferably a drivers license) with you to the Public Works/Engineering Dept. counter at 1243 National City Blvd. no later than 4:30 p.m. on October 22, 2003. This matter is scheduled to return to the City Council for consideration on November 4, 2003. Check One: ❑ I am in favor of installing "No Parking -Tow -Away -Street Sweeping on Tuesdays from 7:00 a.m. to 12:00 p.m." signs on my street. ❑ I am against installing "No Parking -Tow -Away -Street Sweeping on Tuesdays from 7:00 a.m. to 12:00 p.m. " signs on my street. If you have any questions, you may call (619) 336-4580. Thank you for your cooperation in this important matter. Sincerely Stephen M. Kirkpatrick Acting Director of Public Works / Engineering Recycled Paper MEttl1NG City of ‘lational City, California COUNCIL AGENDA STATE ET TE October 7, 2003 A IT E NO. 7- IThM TTLIE REPORT TO THE CITY COUNCIL ON THE ISSUE OF THE SEAWIND DRIVE AREA "NO PARKING - TOW -AWAY -STREET SWEEPING " SIGNS PRE ARED Adam Landa 336-4394 EXPLANATION See attached explanation. ( Environment 6 DEP RTNIENT Public Works/Engineering eview (-Financial Statement N/A A Approved Finance Director ccount No„. STAFF RECO AS That the City Council direct the Public 41 rks Department whether or not to install the signs. BO ARD f COMMRSSIION RE' AliENDATOON NIA te0Eir A C Min EMT'S ( st e F.f3 e CY 1. Council Report of August 19, 2003 2. Petition not to install signs Resokst.aon Ic Explanation: Mrs. Vivanco came in with the original petition of owners in July requesting that the street sweeping signs be installed. Public Works denied her request (see attached letter dated July 3, 2003). She then appealed to the City Council. The City Council, at its meeting of August 19, 2003, approved the installation of the "No Parking -Tow - Away -Street Sweeping" signs on Seawind Drive area. Public Works proceeded to order new signs. The signs came in and were in the process of being installed .when Mr. Robert Venegas II came to the Public Works Department with a new petition of residents who did not desire the signs to be installed. The Public Works department stopped the installation of the signs. Mr. Venegas states that a portion of the residents have changed their minds. He has collected five sheets of signatures. Mr. Venegas feels that the signs would be a burden on the residents of the area because they do not have a place to move their vehicles. The new petition contains 75 signatures, but represents 42 addresses. Staff compared the original list to the new petition and found that out of the 42 residents, 23 residents signed both petitions. In some cases, one was signed by the wife and the other was signed by the husband. in other cases, Mr. Venegas had all members of the household sign the petition. The old petition contained 48 signatures and represented 30 addresses. Based upon these two petitions, it is difficult to reach a conclusion regarding what the neighborhood wants. However as stated, the Public Works Department originally recommended that the signs not be installed since the street sweeper was completing his normal operations within this area. .:: City of Natiaonai City, Caiit®ria COUNCIL AGE ID[ STATE ENT AGE MEETRNG DATE E o� EM TITLE A RESOLUTION APPROVING "NO ANDRPARKIING ME- TOW -AWAY AE STREET SWEEPING" SIGNS O N SEAWIND DRIVE, CALLE DELGADO, A not No. 1 PRE ARED BY Adam Landa 336-4580 DEPART l dENT Public Works/Engineering EX LA ATRO Tow -Away — The City Council, at its meeting of August 5, 2003, approved the installation of "No Parking Street Sweeping" signs on Seawind Drive, Cale Delgado, and Meadow Drive. As requested and the parking restrictionativey is to be from required and is in ac0 am to 12:00 pm on Tuesdays. The cordance o dance with the approval of the parking adoption 's Resolution is administratively q The signs will be installed within four to six weeks. t'».t<otsicocp«i�ec-atal FinancialStatement The cost of $1,575 will be absorbed in the existing Public Works Street M&O budget. STAFF RECOMMENDATION Approve the Resolution. L 1 l R,ull f SS l OR° [ i oe G� GL rEiNn N/A t _ Resolution 2. Council Report of August 5, 2003 Lo&xaa vedl Account Finance Director l',� t�",t �.vGn 11 .Jli+LfA fSi -a; E:4. City nor L a,tiona0 Crotty.; Catitotrnnat COUNCIL AGENDA STATE[ E J Ir MEETIMG DATE August 5, 2003 OIE }IDA ITEM MO. ]TEkicFlTOTLER-. AN APPEAL TO THE CITY COUNCIL FOR "NO PARKING - STREET SWEEPING" SIGNS ON SEAWIND DRIVE, CALLE DELGADO AND MEADOW DRIVE PREP RED Y 1EXPLAMATIO See attached explanation. Stephen Kirkpatrick 336-4580 Public Works/Engineering i4;.IfBF1'p fi a-GCliTf➢t Ifnl. all ReF,`ievu /A 5 "na n6all Statement The cost of purchasing and installing Approved Bin Signs is approximately $175 each. Nine would be necessary to Finance Director adequately post the parking restriction; therefore, the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. Account No. STAFF L,rasOMMENDAINIO a That Council consider the nee i 4pr installing signs and the costs of installing signs and provide direction to Staff. Vitt) (I N/A c , z�;FiIGi6lil Alt+.; II`I Pr, July 15, 2003 Council Report ri EXPLANATION: At the July 15, 2003 City Council meeting, this appeal was presented to the City Council for consideration. (Please see the attached report) arkin It was brought Council bunegativea a dff athe'orequesten of ther was quest unhappywith thatto have he p restriction implemented was lic rks t at the s outcome. It was the opinion of the�h Pubrestricting D e�im'►tednpahking that is avail couldlbe adequately cleaned in this area The Council requested additional information d5 r20ggt3 emeeting.meeting on July 15, 2requested 003, and therefore continued the issue until the August , that staff prepare a cost estimate to install the signs for the parking presented by y also wanted verification of the sampling of signatures on the p parking restriction. therequester to see if in fact residents signing.. the petition wanted the p 9 Verification was deemed necessary since it is not written anywhere on the petition signature sheet what signing it actually represented. The cost of purchasing and installing signs is approximately $175 each. Nine would be necessary to adequately post the parking restriction; therefore the total cost would be approximately $1,575. The cost could be absorbed in the existing Public Works Streets M&O budget. Staff spoke to five of the people that signed the petition. The five where selected at random from the sheets. According to all five they understood what they were requesting by signing the petition. C,OIUNICIL AGENDA. STATEMENT WRITTEN COMMUNICATIONS AGENDA IlTEIM NO. 14 E :`;TANG DATE . _.__Juty_tri, 2nrn rirtail.Q'lii'uLtd, AN APPEAL TO THE CITY COUNCIL FOR"STREET S RE T SWEEPING" SIGNS ON SEAWIND DR, CALLE DELGADO, AND MEADOW IDEPAR` EAT PUBLIC WORKSIENGINEERING PREPARED AIl ED BY Adam Landa 619/336-4394 EXPLANATION Mrs. Aurelia Vivanco, the owner of 1432 Meadow Drive, has requested the installation of "Street Sweeping" signs Drive, stre�t because ulse dthereand are vehicles parked here. According to Mrs. Vivanco, the street sweeper can not clean the The Public Works Department investigated the request to install "street sweeping" signs in this area. Our street sweeper has hot reported any problems with the operation of his duties. We also had our Street Maintenance Supervisor investigate her request and he found that there was no problem with the proper operation of the streei sweeper in the area. The Street Maintenance Supervisor does not believe parked vehicles in the area affect their ability to clean the streets. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs at this location. Mrs. Vivanco was notified in writing of this decision on July 3, 2003. Mrs. Vivanco is no appealing the decision to the City Council. N/A Staff recommends that the "S at this location. N-/A Appeal Letter from 1Ilrs. Vivanco Location I\/Iap / +( 1 eet Sweeping" signs rot be installed since there is no apparent problems it ppe'e wed Ca3} Finance Director J (.0,IJIV'„Iil' Acc..-;..ourilt No. y Q 00- 3 Q„ ci19,s6 e owxyuclit, G c c1 - ,tette-ti:6., a_ppLclut-, ea.- ,tis, putkeic, w a4L-k.-- aziaz , ..- oup i Niv '-C4t2 --'t, e'"--: jam liuz.., �/7Li� :�.�a-Jt�=1�L- L �P)Li%fbct,©161--e-dti GI. -'`/ .be/e,, W-Q, (AA-0_ gAlui-c 1-6 :5: nAtcLE __O 44770.-A0./.7 ,,.--.:)-i- ..-) 6112: 0 10 a ri((n5 -e,-iii—gfr j ct&-Atazddij 7 06 AM i0 r: Jb b—Q-rLA.75.CA_ TaJ,L ` r � "�,L�' i /l vL.�.� �6 C�, f ''`��� 6/2 )�L '� r oZ % l �; C CD- = ?/t.1. C' d t4 Aurelia Vivaneo 1432 Meadow Drive National City, CA 91950 May 29, 2003 Burton Meyers, Director City of National City, Public' Works 2100 Hoover, CA 91950 Dear ivir. Meyers: We would appreciate very much if you would have 66No Parg on Tuesday between 7e00 a.m. — 12 ip^osa'99 signs at the following streets: SeawinDrive, Calle Delgado Drive and Meadow Drive. The street sweepers are not able to clean/sweep these areas because of the parked ears- Therefore, dirt and other debris piles and is causing mosquitoes, stench and a muddy site. This is very unsanitary, poses a safety issue, and makes our area look dirty all the time. if you would like to speak with me, please call me at (619) 479-1199. We thank you in advance for your review and consideration of this serious matter to us residents The following are signature of residents in this area. Sincerely., Aurelia rT ivance Attachments_ ( ) ADDRESS t, Pick»J c ; TELEPHONE rV Oaticou L 1 d Sea (..0 ., &- (7 5 j U et- ` ,Ifs) C1 .'L)3! y , .r ..?' f ) f� 1t �•'l !��' 7 i t NAME !, /,/ 3 5- • T <( g` Cc,� NAME Offbj-14.. 'et db../ - A 1/Q-L•1` ,cecrotc. (1/.6.-eic7x-co tij C 4P, ADDRESS TELEPHONE .1 610 32 /7' 1•61,u-- NG rf a )7/C c_ 979 PriLlaci t--- - ?S 4 Pr NJ,/ /4-61-16A-- VT- OP-73 S T2.3 q0 5- a PR /- ) -(--( - 7/7/ tee‹aosa-(x) OZ 21e g- -r / -:.)(i. .--:".--_:,)e-u),- Al d ..,),• • .(-7 c",/,., c-r: .,..- ,,,,, /-- , /,..//(i, c., 6.0 6r., „ / / 1 (:/,'- 1 (,r. {._: :I; t_ .,,.,;,, . ,.: .., 6, ., . , ///(-',- 4.V, \i.,.. -, if' i ,‘- l'/, .2. .5. ,--:(.' ,'-',.• /.7eir: (7... /Lic(17i 1.- • • (...1 . L( (4.00v) r.` /0( ) Pkebbc?_::/ NAME • ' --evil, 2,-f-7PC ADDRESS / /2• f e' -Nr-, • \c),(N c:\ W TELEPHONE ILA i) ?woe -et/ 14.4(cita ,7„ ; . , .•=1,•• ki_2 11- 9- e -7.- frAc7- ‘•-• 0\\ r.z) ''')''-‘1(_.\'1\• y 1-1 L GO 0' //16 t. (7 M9 go t) - 47r )1, Ceti } �,; City �6 n 1243 National City 619 9336e 4360 Fax �619) 336-4397 (619) 336�4560 ) July 3, 2003 Mrs. Aurelia Vivanco 1432 Meadow Dr. National City, CA 91950 \'J �.L ii Blvd., National City, CA91950 3€0b ect: STREET SWEEPING ON AREA, OW DRIVE. } The Public Works Department had investigated your request to install "street reported any problems Supervisor sweeping" signs in your area. Our street sweeper has notproper with the operation of his duties. We also had our Street Maintenance with Sup r investigate your request and he fiound that there was no p eror operation of the street sweeper in your affecting their ability l totenance clean the streets in does not believe parked vehicle this area. Therefore, the decision of the Public Works Department is not to install "street sweeping" signs in this area. Reviewed by: Stephen ivij irkpatrick Assistant Director of Public Works BSM: tc �: lq irector of Public Wor s 13 ATTACHMENT 2 We the ndersigned, petition the City Council to. reverse the previous motion to post "No Parking Signs uri =g Street Sweeping Days" in our eighborhoodo We are residents who will be directly affected by City Council's actions. Name At,/ 1 s'izug/a Pet fifto Address _C , ram, � `� 1- l ,�.�.���.�u(C-6- .��,, � ��_ ,� _ _ !: �,� _..._fie � is o-f- A (4.. ) k at. ads u)D'1 40, Gov- 1( tt o f� l D ''//B_,47a:(') 9/9_c. (r /r/ /i /2 -di? Ce-, r`sv !r �t /( A v A ,� 1(3cj CAAite e 1_(;.A .(', C /cis, A r A We the undersigned, petition the City Council to reverse the previous motion to post No Parking Signs During Street Sweeping Days" in our neighborhood. We are residents who will be directly affected by City Council's actions. Z X)4 6-to1-4tr(-) L 6 Igea,-( 1-6Adsoi teNt OalieDe196A0 N r rt) 1-0e a+ a ig-LII aemi litActte, • u.-67LL /NI , a(50 14i Cea erD e Address 1.41 filLeaituk) . iNk> Ca-ot tasz 2- ecd o( x),c_ ceqJsz /9 c5c, (03j \v\ Aus,-\\Nkw\Gk \-) kroi f5t %ecA1/4,:oc, efk\. \ IrN ° r \ c7 ?5- O 4-,( (1 • Aft-atiobobg-. Mti141(04u1 (11(10 oa) t/( killachw N\li N. 6 (1) cts) ci(q:0 Ado Nc cif q /67sD CA cilqsz) acib )vo, C4 qjo5-6 c(d ."tAIP1.21 A ) L (din*/ C ?/qj ) We the .,ndersigned, petition the City Council to reverse the previous motion to post "No Parking Signs During Street Sweeping Days" i our neighborhood. We are residents who will be g directly affected by City Councils actions. Name C- � ,ter <-\ cQ Address L . 1 Uk-(c• Q .5e06„,,,, 44 0 '07 1/(Qc .jack N C of qt 4 I el dill i ot,-/ DefvE 162 We the undersigned, petition the City Council to reverse the previous motion to post "No Parking Signs ring Street Sweeping Days in our neighborhood.. We are residents who will be directly affected by City Council9 s actions. Name ,n cv__,c,Lf.r.„7N) /_60,614- ov,, /ti Address hip Cie-c; /6,/(2 5 CC6 )/,2 6 /" C_ `l 01 _ 4 (�.1-fV THY p t� /7 ..,FETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 11, 2003 AGENDA ITEM NO. 18 ITEM TITLE REQUEST TO USE THE COMMUNITY CENTER BY THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JROTC AND WAIVER OF FEES PREPARED BY EXPLANATION Stephen Kirkpatrick 336-4580 DEPARTMENT Public Works The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Martin Luther King, Jr. Community Center for their promotion and change of command ceremony on Thursday December 11, 2002. They are requesting the Center from 6:00 p.m. until 9:00 p.m. They will be expecting approximately 350 people to attend. Costs: Building: $263.85 Custodial: 100.53 Total: $364.38 Waiver of fees is also being requested. This is an acceptable category of use according to the Council adopted "Rules and Regulations for the Use of the National City Community Center". However, it would take the approval of City Council to waive the fees. Environmental Review „ N/A Financial Statement Approved E 't Loss of $364.38 to the general fund if waiver of fees is approved. Finance Director Account No. STAFF RECOMMENDATION Council decision on use of t►e Community Center and waiver of fees. BOARD I COMM I SIO RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for Use of the Martin Luther King, Jr. Community Center 2. MCJROTC letter dated November 3, 2003 A -too (9.991 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 ,acility 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: Inivi c altrn ic41_ ?S'S 8120L. gfre'42,. IrCe4 n«J 3614cG- c) 5 e.J eet+-�t f $ Sc_r, c 1- Business Address: 2yoa th9Afa.tl ,E w2, r)A Z.mlk._ C-i- , c4- 'l,S Name of Applicant: i? L.— (Z EL-? ' jdt >c,� (ASn 1C Address: ...2q1X -9111 f1t r 4 t4 P_1 n►17zun C✓L- , • q s"--0 Telephone Number: day (60) /177-37S evening (6?o /— ?/Z6 Type of Function: i11)R T'C. "91-EZ)S 9 / Date Requested: 6/1-SC'a , 1 / D rC' "m 2-003 Decorating Time: !, ' ?% (am qm to -7` CO (amOn Function Time: 7'62/` Clean up Time: !! Use of Kitchen: no yes If yes, Time: (am/pm) to (am/pm) (aml ) to (am4D) to Number of Participants: 35b Will Admission be charged? kJ 0 If yes, Amount $ Will this be a fund raising event? N 0 Will alcohol be served? & JO If yes, ABC Permit Submitted? Certificate of Insurance attached? jCS Special configuration of tables or chairs required? Ct, yes attach sketch. Special equipment required?If yes, attach list. Copy of Rules & Regulations provided? Initials Certificate of Insurance attached? ,CHF-A How many times in the last two years have you used the Comma nity Center? x€X If applicable, how much did you pay for building and/or custodial fees? L'yitA)FiZ 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 CONFOFM 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 a!! 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 anainzt Annlicant's nnssnssnry interest in the City's facility 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 S(,'ecTk,.1rt? (J h YY)c.3---Fo`7- Person in charge of activity rotor CL T F C ,Si (.43411 C..— ) `177- 3`75t t l Address 29co W944`i , 4)'C.6-� Telephonefla G►l67/- /2g µ 950 City facilities and/or property requested I�i i1? ') , Date(s) of use T sar , 1 / • rcE-rr 2. HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant f/ f FiIVA/V( Df/7C ue 7/) A.3 63 Official Title Date Certificate of Insurance Approved by Name and Title rev. 02/03 MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 3 November 2003 Mr. Burt Myers 1243 National City Blvd. National City, CA. 91950 Sir, The Sweetwater Union High School Marine Corps JROTC unit request the use of the Martin Luther King, Jr. Community Center on Thursday, 11 December 2003 (6-9 P.M). We are conducting our 1 s[ Semester promotion and change of command ceremony. In addition, we are requesting waiver of facility fees. I have submitted the required application for use of the facility. Favorable consideration is appreciated. Sincerely, Robe kson Colonel SMC (ret) Senior Marine Instructor City of National City, California COUNCIL AGENDA STATEMENT s,e"ETING DATE November 11, 2003 ITEM TITLE PREPARED BY EXPLANATION AGENDA ITEM NO. 19 TEMPORARY USE PERMIT — McCUNE MOTORS -USED VEHICLE TENT SALE Kathleen Trees, Director 336-4210 DEPARTMENT Building and Safety This is a request from McCune Motors to conduct a three day used vehicle tent sale at the Plaza Bonita Shopping Center, from Friday, November 14 - Sunday, November 16, 2003. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 l9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: November 14 -16, 2003 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Z. 002 10/20/2003 14:26 FAX Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Demonstration Grand Opening _ Festival Community Event Circus Block Party xOther U t. Sofia Event Title:. CJJN1 �SEt CQ CLEFARA)CE Sac F Event Location: PLAZ4 QX`3L1 t- Event Date(s): From/ 1. -&to //-4-O3Total Anticipated Attendance: ®pggonth/Day/vear lc_o3 (;;2C? Participants) �^, 5 �� (it') Spectators) Actual Event Hours: err !pm to 1 `' am/,m Setup/assembly/construction Date: f`-'/3-0. tart time: 1 Ant Please describe the scope of your setup/assembly work (specific details): (..' _ _ tiax i 1. l Ed E.- Dismantle Date: f ._/7^o Completion Time: a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /r1 cco ,N1x3OQ.5 Chief Officer of Organization (Name) I e kk)'Y !I c-CUW Applicant (Name): ? L-':w `i P1" e Address: L1 vf? >N)P( Ci�� For Profit Not -for -Profit Daytime Phone: °!�) �s � - 1101 Evening Phone: (U) :1.Y) -Iu+ I Fax: ) .7'1 33 9 Contact Person "on site" day of the event: Pager/Cellular: ' Ic! 3c aQ i 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES X NO _ YES 1 NO $ c,�l"� t7C Estimated Gross Receipts including ticket, product and sponsorship sales from �""l: , � 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. YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Y YES NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Will items or services be sold at the event? If yes, please describe: YES; (.NO 15E vJ r✓AML S 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 i Sizes IC X -O NOTE: A separate Fire Department permit is required for tents or canopies. YES `r..NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 1 %t; +-LL j i2hst# P� 3 Please describe your procedures for both Crowd Control and Internal Security; SEW Ca 11-lAj(•6e 1( t i 1 9 1 _ `J tie-`.)l�'ircy _ YES *NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ��,(;Q 5 C,C - 6T 4 L ( L- P Y Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: ;) Lc- .P(mQ Li 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 1 � '.pArc � a' �% i K1 E:v36'0y 'P' l it: i' NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. /(YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. kV Number of Stages: A-- Number of Bands: 10 Type of Music: C` )C3 w s C-_ ? -YES _ NO Will sound amplification be used? If YES, please indicate: Start time: / C) 1/pm Finish Time L- ant/i _ YES)(NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES ,NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 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 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 PIc ONE_ E_ aS Person in Charge of Activity (;-Et"?.G ,.514 4i-1- �I , j� Address )43�1Q IJA O)� -L �t Y' 8LLb n1 a ,li "n50 Telephone ( 0) LP? _�a3Z� 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 persoal in'u , death or property damage, or both, or any litigation and other lia•' + , ud' g • • ys fees and the costs of litigation, arising out of or relat= • • t -use • • ubli • roperty or the activity taken under the permit by the per - e or is a e ts, e - ployees or contractors. Sign Official Title For Office Use Only Certificate of Insurance Approved Date 7 10/20/2003 14:26 FAX t J0o1 Facsimile DATE: ,, TO: !l l�(�e� r(,, cx�vd�1 -- FACSIMILE NUMBER: FROM: PHONE NUMBER: FAX NUMBER: NO. OF PAGES: co'cuvuL-- Westilek! SHOPPING TOWN PLAZA BONITA 3030 Plaza Bonita Road National City, CA 91950 Telephone (619) 267 2950 Facsimile (619) 472-5652 f � t��_ � {-(na_ OdAce'd hb 4`„ou e, 40, 6,-,v ve94_ The contents of this facsimile (Including attachments) may be privileged and confidential. Any unauthorized use of the contents is expressly prohibited. If you have received the document in error, please advise us by telephone (reverse charges) immediately and then shred the document. Thank you. City of National City, California COUNCIL AGENDA STATEMENT _.FETING DATE November 11, 2003 _ ITEM TITLE AGENDA ITEM NO. 20 TEMPORARY USE PERMIT — SAN DIEGO AUTO CONNECTION - USED VEHICLE TENT SALE PREPARED BY Kathleen Trees, Director 4210 DEPARTMENT EXPLANATION Building and Safety This is a request from San Diego Auto Connection to conduct a three day used vehicle tent sale at the Walmart, from Friday, November 21 - Sunday, November 23, 2003 and a second sale from Friday, December 12 — Sunday, December 14, 2003. The hours of the sale are 9:00 a.m. until 9:00 p.m. The cars for these events do not come from National City. Any sales tax collected as a result of this sale is allocated to National City. ( Environmental Review N/A (-Financial Statement The City has incurred $115.00 in costs in processing the T.U.t13815$gh midathlrgbt,y Departments. /STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Account No. N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9 99 ) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: San Diego Auto Connection EVENT: Used Vehicle Tent Sale DATE OF EVENT: November 20 - 24, 2003 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. Any sales tax collected as a result of this sale must be allocated to National City. When filing the quarterly return with the State -Board of Equalization. A copy of the notice that is sent to the State -Board of Equalization is to be submitted to the Finance Department. A current business license must be on file in the Revenue & Recovery Division of the Finance Department for each vendor participating. October 14, 2003 Wal-Mart National City 1200 Highland Avenue National City, Ca. 91950 AGREEMENT Wal-Mart National City authorizes San Diego Auto Connection to conduct a used car sale at the Wal-Mart parking lot, located at 1200 Highland Ave., National City, CA 91950 from Thursday November 20th at 10 p.m. thru Monday November 24t, 2003 at 12 p.m.. X +44,4,, (7-[ cl bat Karen Colclasure Wal-Mart National City Store Manager X Max grown San Diego Auto Connection General Manager October 14, 2003 Wal-Mart National City 1200 Highland Avenue National City, Ca. 91950 AGREEMENT Wal-Mart National City authorizes San Diego Auto Connection to conduct a used car sale at the Wal-Mart parking lot, located at 1200 Highland Ave., National City, CA 91950 from Thursday December 11th at 10 p.m. thru Monday December 1511, 2003 at 12 p.m. X ck,Q.7t.py% Karen Colclasure Wal-Mart National City Store Manager X Max B San Diego Auto Connection General Manager p.11 Oct 01 03 04:33p 1OW NOT A PART Z TP.M AMIN MN a aWoos 1l !SIS IF ;Irmo al c.A.'ore L7 SS -- swim L . _ p anenS.0 jy_e NT ) VAA10040 jrpr PAAV4 (rACtehn ) MEAN' tUDV AC YANiffi irA4/130 i HEAVY PA ING 1 iv ) Dl (MODIFIED) o. 1 34, 393 S F.r. SEE A WEARS SY. SOS PAWS Oct 01 03 04:35p OCT, 1. 2003 3:53PM EMPIRE FIRE MARINE INS SW REGI NO. 151E P. 1 p.12 Certificate of Liability Insurance This certificate is Issued as a matter of information only pn Centers no rights upon the certificate holder. This certifi W1e does not amend. extend or alto the Overage afforded by the policies below. Data:[ mr to1014003 Companv(s) Affording Coverage Producer 0292 Phone: (800) 383 - 3876 Insurer A Empire fire and Marne Insurance Co. 5945NORMAL SAW 13810 END Parkway SAN DIEGO, C 9 Ogmmaha Nebraska 66154 CAL LICENSECAC2889120 Ensurer' CA rx OC28094 Insured SAN DIEGO AUTO CONNECTION Insurer C 38Ai SAN DIEGO AUTO CON 55.3867 CONVOY STREET NECTION SAN DIEGO. CA 92111 COVERAGES The policies of insaranee listed below have been Issued Leith. insured named abovethe this policy period mdy be issued Notwithstanding pP�in the requirement term or condition early contractor other do lment Kith respect �l� Insurance afforded by the policies described heroin 1s sub ct to all the terms, exclusions and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. Limits CC Type of insigne* Policy rolioy McGee Policy Expiration LTR y Number hate (mmldNyy) Date (mmiddtw) gaol Occurrence $ General Liability BComm. General Uabllty � Claims Made 0 Occur Gerrl Agg Lima Applies Par. ❑ Polio d Protect 0 i.oc A Garage Liability Any Auto SG21T173 Automobile Ltabllt-y 0 Any Auto [1 All Owned Autos Scheduled Autos Wired Autos Non -Owned Autos 02r0112003 A Auto Physical Damage Scheduled vehlWs Deductible Deductible 13 Collision $2.500 I❑Collision $ o Spec. Causes $ 0 Spec. Causes 3 ® Comprehensive $2.51Z0 lip Comprehensive $ Q❑ Fire & Then $ [] Foe 5, Theft $ Catastrophe $ ❑ Catastrophe $ A lExcess Lis Ry IlO Occur GJ Claims Made Deductible l'1 Rotamion $ Workers Compensation & Employers Liability 02101/2004 Fag Damage taw one Ctrs) Med xo (Antone parson Personal Adv Inyry General Aootaaete Producg-Corm/Co Alm Nolo Only - faAyddeni__ bant er gees) Both 1. urvt eremblem) P;coerb Decrees (Per ace) Other than Ea Accident Auto OW Aoereesis Combined Single Limit (Ea alridenI) Iv !glory 4Per person) 61v Inirrnr tPerascident) Property Damage (Per etch 915.0 6.000 10Q.000 S S 8 87 Actual Cash Value Q Stated Amount u Other •SU211173 0210112003 ' ea 1 4ility DESCRIPTTIONIOK OF OPERATIONSftACATIONSNENICLESIOACLUSIONS ADDED CY ENDOESEMEWITSPECIAL PROYI51 UMBRELLA Mrr IS OCTOBER 1EDDIFFER NEN CESEWEITS 20, W3MTSAND THE UNDERLYINGAUTO ONLY LIMrTOROTIERTHAN AUTO LiMIT AUTO SHOW s. TO Each OccUrrence Aoaresate S2,000.000 $ $ 5 $ Cl WC Statutory Limits EL Each Accident E.L. Disease - Ea Employee E.L D1seas4- Popsy Limit $ 2.000.000 Other CERTIFICATE HOLDER ADDITIONAL INSURED WAL•MART 1200 HIGHLAND AVE NATIONAL CITY, CA 91950 021011200E CANCELLATION Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mall jg days written notice to the certificate holder named to the left, but (educe to mall such notice shall i e no obligation or liability of any kind upon the company, its agents soptative, Authorized Represent Slut 153. t11-a1) odatellitt f3 p . 2 Oct 01 03 04:23p Type of Event: Public Concert T Parade Fair Demon Motion Picture _ Grand Event Title: Festival _ Community Event tration Circus Block Party pening v-"Other,tt`:a('4i ( it _:i )l- , 'c--te T — SDI Event Location: j -3(%t -(•-) ;el \ 'ai' Vf t;-`41-ir On Event Date(s): Front ) 6 "to A/0 d o2! $ U e sth/Day Actual Event Hours: am/pm Setuplassemblylconstructio Please describe the scope Dismantle Date:e.iep.! LA\,: 2Completion Time: Si/ a€?. O.V. 2.44 0 List any streets guying closureTa time of closing and day and time ccf 4 15 a su7t of this event. Include street name(s), day and reopening. ; h i ]±af rl`iif sir e r �1J rYa.".�v n S.i� w " ��;JJ S R a...a. J.,2 •C if' y.n.1;7, '...... ...a r �. < - J !r .} t v � • r�if 3 � Y �i r!t Tat rl f V J" C i 1 Y •� i }�` Y_ TN � 1ru..{'.I �✓. ai.�.a� :1 Si.�.//...�r��..t .. r!�YteC�11�. a1anJ....�ti �(.l.�b Sponsoring Organization: '"oN )P e cor,ibo For Profit X Not -for -Profit Chief Officer of Organization (Name' r.J^ LPa t KS `'-ia Applicant (Name): /i�4X zf em-ziJ/1 Address: ® //p9 / � 6 , „4,d c /A 4 ,(j ,e5. �K•s,, a 45 . Daytime Phone: c(q ! - 6'0veningrPhone: / ( ) Fax: Contact Person "on site" day of the Ph vent: ,r�'Q f1-oG ki Email Pager/Cellular: NOTE: THIS PERSON MUST BE iP AND IMMEDIATELY AVAILABLE TO ATTENDANCE FOR THE DURATION OF THE EVENT CITY OFFICIALS 1 ear �spa Total AnticipatednZi Atteahce: j/Vo!/ 23 At l7)ci4 am/prn Z 3 0VZODec.11 r;r.1 start time. Participants),, , .. Spectators) your setup/assembly work (sperafic details): ), -C'�r'1rtLa 775 I, p.3 Oct 01 03 04:24p Is your organization a "Tax Exempt, onprofit" organization? _YES NO Are admission, entry, vendor or pad ipant fees required? If YES, please explain the purpose and provide amount(s): YES t: �0 $ Estimated Gross ceipts including' ticket, product and sponsorship sales from this event. Estimated Expens -s for this event. What is the projec ed amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESC components of your event such as tF infocmatign about the event, IPTION of your event. Include details regarding any use of vehicles, animals, rides or any other pertinent r! ' E .1'.`-i%'1 yen) (-') ,".'C' i"1Lc 9(t?.5 CL- Zty)i:i4li Y f • egt r5J: .:,.4- i i `ir } 0i, 1A :1,41 b • (W.iu/i() Winti aq+:i`P`,&co-c-) YES ✓ .NO If the -event involy Nation City car d sale: ('`(1C ` Lice,pal i rcj i,a iV1u Gt.1 1..t:t.. v.• : Bs the sale of cars, will the cars come exclusively from• alers? If NO, list any additional dealers involved in the :1"" {'.-f 7 Oct 01 03 04:25p p•4 _ YES i:� NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or servicts be sold at the event? If yes, please describe:1041 5 YES N▪ O Does the event involve a moving route of arty 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. a YES NO Does the event inv Ive the use of tents or canopies? If YES: Number of tent/cantpies • Sizes J 'jlfi I i- NOTE: A separate -ire Department permit is required for tents or canopies. YES 1-''NO Will the event invo In addiiion to the route map required 0 and set-up locations for the following it e the use of the City stage or PA system? )ove, please attach a diagram showing the overall layout ems: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Foot Preparation areas - Please describe how food will )e served at the event: —` V V V V V V V V V If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Tc filet Facilities Number of portable toilets: • (1 for every 250 people is required, unless the applicant can show that there are facilities in the Immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barric ades Generator locations and/or source of electricity Canopies or tent locations (Inc iude tent/canopy dimensions) Booths, exhibits, displays or e. closures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event componer is not covered above Trash containers and dumpste rs (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon c nclusion of the event the area must be returned to a clean condition.) C. Number of trash cans: Trash containers with lids: .' Describe your plan for clean-up and removal of waste and garbage during and after the event: P 5 Oct 01 03 04:26p Please describe your procedures for both Crowd Control and Internal Security: f7Y-r-ftikai),--' 'i..J (‘ () ,--,-;;Es _ NO Have you hired any arrangements for th Security Organizati Security Organizatio Security Director (N YES ' NO Is this a night event will be illuminated to f2efA-\ n 9r-xy)- rofessional Security organization to handle security event? If YES, please list: :(11, ‘-.3(:(AXV, Address: /.9 g 41/7 c/904-0 eynacw.114e.rn.a. ic0+143---$fiw If YES, please state how the event and surrounding area nsure safety of the participants and spectators: Plmse indjcate ?rho, t Lrrangement„ y• +1712:- '004- 411+ cgi I -Vi111( )1,,J Please describe your Accessibility PI please provide a detailed descritio Hire Please describe your plan for DISAS have made for orovidingFIrst Aid Staffing and Equipment. C-2/(41 ( (- -) n for access at your event by individuals with disabilities: f our PARKING,plan: °it? 04- )(4—VC411i) J,. 6:3A-):4 piov(itc:,/) D PARKING: 4 p.6 Oct 01 03 04:28p Please describe your plans to notify ey$nt: I residents, businesses and churches impacted by the NOTE: Neighborhood residents scheduled in the City parks. YES ' NO YES ✓ NO YES /O YES " NO YES NO Revised 10/S10 st be notified 72 hours in advance when events are are there any music Tease state the nu 'er lumber of Stages: entertainment features related to your event? If YES, of stages, number of bands and type of music. Number of Sands: Type of Music: Nill sound amplificat •n Start time: be used? If YES, please indicate: am/pm Finish Time am/pm Will sound checks b= Start time: conducted prior to the event? If YES, please indicate: aml'pm Finish Time am/pm Please describe the •und equipment that will be used for your event Fireworks, rockets, o other pyrotechnics? If YES, please describe: Any signs, banners, • f 4-:)11C )i. ' -corations, special lighting? If YES, please describe: Ilit'•r'f 0ak•. (=r,7,a1r;, :mac !t'••i4 (-i'1/1r:a 1 Y i ti` 5 Oct 01 03 04:29 p.7 Fi Event: Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Ap royal • Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Oct 01 03 04:30p p.8 Cit of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT - Persons requesting use of C :y property, facilities or personnel are required to provide a minimum of $1,00C,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 `__2:)`:fit �i ii{3 /- (:�f -(; fl' ���,-._Fi (: ff..) Person in Charge of Activit,/ i_ ` ./ : t 1 ti I:- t Address '. f ; a ik:-t : krl,` .t 6 kJ ,7" � -.t \, \ ,>: ( ..:) ..r Telephone i�f:`--5 . E' i 1 Li- IVY. Date(s) of Use C'`:t -7 I .�: (2,•'.. HOLD IARMLESS AGREEMENT As a condition of the issuanc on public or private property, indemnify and hold harmless and agents from and against or, for any personal injury, di and other liability, including a of a temporary use permit to conduct its activities the undersigned hereby agree(s) to defend, the City of National City and its officers, employees any and all claims, demands, costs, losses, liability nth or property damage, or both, or any litigation lorneys fees and the costs of litigation, arising out of or related to the use of pudic property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance App ved Date 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 11, 2003 21 AGENDA ITEM NO. 1-ITEM TITLE NOTICE OF DECISION — DENIAL OF A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE FORMER SWEETWA t'ER THEATERS BUILDING, IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CORNERSTONE CHURCH (CASE FILE NO.: CUP-2003-20) PREPARED T Roger G. Po , 336-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is located at 1920 Sweetwater Road in the former Sweetwater Theaters building, in the Sweetwater Town and Country shopping center. The 24 acre center is zoned General Commercial -Planned Development (CG-PD) and is in the City's Redevelopment Zone. The Sweetwater Theaters building is located at the rear of the center adjacent to Bally's Total Fitness. The Conditional Use Permit (CUP) application indicates that the site will be used as a non-profit Family Christian Center offering church services, classes in fatherhood and English as a Second Language, ministry training, choir practice, and youth leadership training. The activities will be held throughout the week for the 600 member congregation, but Sunday will be the busiest day. Planning Commission held a public hearing on this item at their October 20, 2003 meeting. The Director of the Community Development Commission advised the Commission that the proposal is not consistent with the city's Redevelopment Plan. A number of members of the community and members of the congregation testified in support of the proposal. Some community members described how the facility would also be used as a performing arts center (see attached letters). The applicant clarified that in addition to the uses mentioned in the CUP application, they would also like to have a theater, a day care and a bookstore. Commissioners discussed the appropriateness of the site for a non- , retail purpose. They also expressed a desire to see a description of the full proposal (church services, theatrical productions, a day care and a bookstore) in detail. Rather than continue the item, the applicant requested that the Planning Commission deny it, to allow for a quicker final decision on this item. The Commissioners denied the application finding that the proposal is not consistent with the Redevelopment Plan. CEnvironmental Review Financial Statement N/A N/A Categorical Exemption MIS Approval 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 I COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Baca, Graham ATTACHMENTS (Listed Below ) Resolution No. 1. Planning Commission Resolution No. 36-2003 4. Letters of Support 2. Location Map 5. Site Plan 3. Site photographs Absent- Pruitt RESOLUTION NO. 36-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE FORMER SWEETWATER THEATERS BUILDING, IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: CORNERSTONE CHURCH CASE FILE NO. CUP-2003-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a church at 1920 Sweetwater Road in the former Sweetwater Theaters building in Sweetwater town and Country Shopping Center at a duly advertised public hearing held on October 20, 2003, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff reports contained in Case File No. CUP-2003-20 which are maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 20, 2003 fail to support findings, required by the Municipal Code for granting any conditional use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 20, 2003, support the following finding That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the use of the existing theater building by a non-profit organization is not consistent with the Redevelopment Plan. BE IT FURTHER RESOLVED that the Planning Commission hereby denies conditional use permit application no. CUP-2003-20. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 3, 2003 by the following vote: AYES: Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Baca Graham NAYS: ABSENT: Pruitt ABSTAIN: 7 PROJECT LOCATION ZONE BOUNDARY MEP .1111) CITY BOUNDARY aNkegaibl. DRN. DATE: LOCATION MAP '°/8'03 INITIAL Conditional Use Permit for a church CUP-2003-2 HEARING: at 1920 Sweetwater Road 10@0NG NATIONAL CITY PLANNING SITE PHOTOS B & L Enterprises Parkview Apartments 1831 E. 18th Street National City, CA 91950 Ph: (619) 474-7800 Fax: (619) 474-2808 October 20, 2003 To Whom It May Concern: My name is Patricia Chapman and I am the resident manager for 136 units of the above -entitled apartment complex. This letter is to inform you of the impact Cornerstone Church of San Diego has made in this complex through their Outreach Program. In 2002 Cornerstone Church of San Diego came to Parkview Apartments and had an Outreach in October, where they fed my entire complex and passed out a turkey to every family and had a raffle where children won bikes, walkmans etc... they had booths with fun games to play for the children and each booth represented a story in the Bible. The kindness that was shown and love in the hearts of this church went above and beyond, I guess you can say they loved like Jesus would have. Again, in December they put on a Labor of Love, where they passed out fliers stating that all children would receive a gift, please keep in mind that I have approximately 200 plus children, ranging in ages from new born to 18 years and they all got their gifts. It was a miracle to see the faces of the children getting baby dolls, trucks, barbies, that they have never owned. They also fed everyone, including people that were coming from across the street. At the end they had another raffle with bikes and stuff, but the most touching one was when they raffled off a Christmas tree with lights and ornaments on it and a family won that didn't have a tree, but they have three children, they were so excited. The love of God was all around my complex because Pastor Sergio De La Mora has a heart to see youth and family's hearts turned to Christ. What a blessing. Today I have 10 families that attend Cornerstone Church of San Diego and it's on the rise. War egards, Patricia Chapman Resident Manager Parkview Apartments og ys .J14 iikanagErrzErzt, ilnc. October 20, 2003 To Whom It May Concern: It has come to my attention; the Cornerstone Church of San Diego is applying for a Conditional Use Permit for the Sweetwater Theater on Sweetwater Road in National City. I believe it would benefit 4lational City to have the Cornerstone Church and its congregation in our city. Please consider their application with a favorable result. Respectfully, C. A. Black For J. D. Beauchamp General Manager HANDOUT #1 ITEM NO. 4 October 20, 2003 E lWATER UNION HIGH SCHOOL DISTRICT To: National City Planning Department I am sending this letter to your office in support of Pastor Sergio De La Mora of Cornerstone Church of San Diego. 'His vision and mission to have a state of the arts performing arts complex in National City is one that should be championed by all in our region. I have produced, directed and acted in over three hundred productions and have always felt that this city as well as Chula Vista has had a need for a theatre venue that was a place to educate, entertain, and present new artistic voices as a part of the theatrical landscape and to enhance the quality of life for all this region's citizens. We at Teatro Mascara Magica are proud to be asked to be a small part of the Pastor's vision to bring family entertainment and live theatrical productions to this great city. We are a professional multicultural theatre company that has been in existence for over twenty years. We are in resident at the San Diego Repertory Theatre and are presenting our Christmas play "La Pastorela" at the world and Tony award winning Old Globe Theatre this Holiday Season. I believe that Pastor Sergio de la Mora's desire to collaborate with community organizations demonstrates his desire to use his church facility for more than church but to also offer a facility that is assessable to community organizations that otherwise would not have this opportunity. As former professor of theatre at Southwestern College for over thirty years, Commissioner of Arts and Culture, Public Arts Advisory Chair, Old Globe Teatro Meta Advisory Board, former chair of the CCDC Horton Plaza Foundation Board for the San Diego Repertory Theatre and District Director of Visual and Performing Arts for the Sweetwater Union High School District, I am pleased that I was asked to be on the planning coin ittee for the performing arts complex and to participate along with Pastor Sergio De Mora in the design of this artistic vision. 1 tam A. Virchis Director The Sweetwater District does not discriminate with regard to gender, religion, color, national origin, ancestrylethnicity, marital or parental status, age, physical or mental disability, sexual orientation or any other unlawful consideration. SUHSD Board Policy #2224. 9�*O ?N. 4 / f 11 r -cip" ; I ; r I if ir It -r-rerg. Cr' •N-1 •U;',..,9 , T r */ N, / ._=1.___. E44.44?..4 1111—K;;I It'l:;':•'I r • I , I 54 Sala GNU- FF=0:405 I '1, Cr- "LL.L.L_LLI_LI IFi •gortlea.aa440aa4Pa ITEM #22 11/11/03 City Manager's Office Memo To: Honorable Mayor and City Counc From: Park Morse, Acting City Manager Date: November 1 1, 2003 Re: Discussion of City Council Budget Councilmember Natividad has asked that an item be agendized so that the City Council can discuss the City Council's budget.