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HomeMy WebLinkAbout2003 12-02 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — DECEMBER 2, 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 INZUNZA APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 18, 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 12/02/03 PAGE 2 PRESENTATION Employee Recognition — Anthony Gaut PROCLAMATIONS Proclaiming November 16, 2003 as: "PARADISE VALLEY GLOBAL MEDICAL MISSION, INC. DAY" Proclaiming November 22, 2003 as: "YELLOW RIBBON DAY OF LIVING" PUBLIC HEARINGS 1. Public Hearing — Conditional Use Permit for expansion of the Ralph's shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue and a variance for two freestanding signs in a 20 foot setback area. (Applicant: Evergreen Devco, Inc.) (Case File No.: CUP-2003-19/Z-2003-8) (Planning) 2. Public Hearing — Approval of the Freeway Deficiency Plan for the Central Interstate 5 corridor study. (Public Works/Engineering) 3. Public Hearing — Conditional Use Permit for a church at 1920 Sweetwater Road in the Sweetwater Theaters building in Sweetwater Town and Country Shopping Center. (Applicant: Cornerstone Church. (Case File No.: Cup-2003-20) (Planning) 4. Public Hearing — To solicit National City's resident's views and opinions regarding the housing and community development needs of lower income. (Community Development Commission) 5. Public Hearing regarding appropriation of FY 2003 Local Law Enforcement Block Grant Funds. (Police) **Refer to Item #15 COUNCIL AGENDA 12/02/03 PAGE 3 CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 6. Resolution No. 2003-163 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Janie Anderson Consulting Services to provide professional fund raising services for the National City Public Library Capital Campaign. (Library) 7. Resolution No. 2003-164 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 Attorney) 8. Resolution No. 2003-165 Resolution of the City Council of the City of National City authorizing the Acting City Engineer to establish a red no parking zone adjacent to the driveway at 900 Palm Avenue. (E. Fegarido, TSC Item No. 2003-36) (Public Works/Engineering) 9. Resolution No. 2003-166 Resolution of the City Council of the City of National City awarding a contract to Portillo Concrete, Inc. for miscellaneous concrete improvements at various locations in National City. (Engineering Specification No. 03-5) (Public Works/Engineering) COUNCIL AGENDA 12/02/03 PAGE 4 CONSENT CALENDAR (Cont.) 10. Resolution No. 2003-167 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Rudolph and Sletten, Inc. to perform construction management services for the fire station project. (Public Works/Engineering) 11. Resolution No: 2003-168 Resolution of the City Council of the City of National City approving 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 North Highland Avenue, approximately 50 feet south of Bucky Lane. (Applicant: Urban Innovations, LLC.) (Case File Nos. S-2003-4) (Planning) 12. WARRANT REGISTER NO. 21 (Finance) Ratification of Demands in the amount of $223,282.22. 13. Claim for Damages: Eddie R. Bufkins (City Clerk) 14. Claim for Damages: William Crouse (City Clerk) NON CONSENT RESOLUTIONS 15. Resolution No. 2003-169 Resolution of the City Council of the City of National City authorizing the appropriation of $88,033 in FY 2003/2004 Local Law Enforcement Block Grant Funds for the purchase of equipment for the Police Department. (Police) **Refer to Item #4. COUNCIL AGENDA 12/02/03 PAGE 5 NON CONSENT RESOLUTIONS 16. Resolution No. 2003-170 Resolution of the City Council of the City of National City 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) (Planning) ORDINANCES FOR INTRODUCTION 17. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by adding Chapter 4.06 relating to administration and collection, and amending Title 4, Chapter 4.24 pertaining to sales tax, Chapter 4.32 pertaining to transient occupancy Tax, and amending Title 6, Chapter 6.04 relating to business taxes. (Finance) 18. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Chapter 10.19 pertaining to the seizure and forfeiture of public nuisance vehicles. (City Attorney) 19. An Ordinance of the City Council of the City of National City amending Title 10 by adding Chapter 10.43 to the National City Municipal Code concerning alcohol and illegal drug offenses by minors and juveniles, and requiring reimbursement from responsible persons for the cost of enforcement services. (City Attorney) 20. An Ordinance of the City Council of the City of National City amending the National City Municipal Code by amending Title 18 (Zoning), Chapters 18.16 and 18.71 regarding the sale of all alcoholic beverages. (Applicant: City initiated) (Case File No.: A-2003-1) (City Attorney) COUNCIL AGENDA 12/02/03 PAGE 6 OLD BUSINESS 21. Time Extension Request — Tentative subdivision map for division of a vacant, 61,420 square foot lot into nine single-family parcels at the northwest corner of E. 16th Street and M Avenue. (Applicant: Frank and Linnea Arrington) (Case File Nos.: S-2000-2) (Planning) NEW BUSINESS 22. Authorization of donations of Police Department's unclaimed personal property as directed by City Council. (Purchasing) 23. Proposed dates for scheduling a City Council workshop to discuss the increase in asthma cases in the west side neighborhood. (Building & Safety) 24. Temporary Use Permit — Sweetwater Town & County Merchants -Lunch with Santa/Toy Giveaway. (Building & Safety) 25. Temporary Use Permit — Central Neighborhood Council — Block Party. (Building & Safety) 26. Temporary Use Permit — San Diego Academy — RV parking during construction. (Building & Safety) 27. Temporary Use Permit — Bethel Church — Toys for Joy (Building & Safety) STAFF COUNCIL AGENDA 12/02/03 PAGE 7 NEW BUSINESS (Cont.) MAYOR AND CITY COUNCIL 28. Discussion of PARS Retirement Program. (Council initiated) 29. Discussion of November 14th police incident at Plaza Bonita. (Council initiated) 30. Discussion of City staff holiday celebration. (Council initiated) CLOSED SESSION Public Employment — Government Code Section 54957 Title: City Manager ADJOURNMENT Next Regular City Council Meeting — Tuesday — December 16, 2003 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE November 19, 2003 TO N. Paola Hernandez, Special Assistant to the Mayor Lavonne Watts, Executive Assistant II (City Manager's Office) FROM Lilia Munoz, Executive Assistant I SUBJECT : EMPLOYEE RECOGNITION The following City employee will complete his twenty years of service with the City of National City on December 1, 2003: NAME ANTHONY GAUT POSITION : LEAD EQUIPMENT MECHANIC HIRED DECEMBER 1, 1983 As part of the Employee/Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of December 2, 2003. Please make the necessary arrangements if this is acceptable, and send confirmation of the schedule to Human Resources and the employee concerned. The commendation letter and anniversary pin will be sent prior to the presentation. Thank you. xc: Anthony Gaut Acting Director of PW/City Engineer RECOGPRG.DOC-12 ® Recycled Paper ,�i lfirnclitmatiuxt WHEREAS, Paradise Valley Global Medical Mission, Inc. is an organization of a group of Trained Doctors and Missionaries that provide medical services to the community and third world countries. WHEREAS, Paradise Valley Global Medical Mission believes that in order to make a difference one should start in their own Community. WHEREAS, Paradise Valley Global Medical Mission's goal is for residents to have free health screening and fight against disease. Now therefore, as Mayor and City Council of the City of National City we do hereby proclaim November 16, 2003 as: "Paradise Valley Global Medical Mission, Inc. Day" And call on all citizens to recognize Paradise Valley Global Medical as a dedicated organization that provides healthcare to the community. Nick Inzunza Mayor FrahM arra Vice Mayor Luis Natividad Councilmember Ron Morrison Councilmember Fideles Ungab Councilmember 3,rjidatnatiiut WHEREAS, Rev. Magdalene LaRoya has been a resident of National City for 44 years, she has unselfishly dedicated herself to the service of her family and community. WHEREAS, Rev. LaRoya has helped others overcome personal obstacles through counseling and education. WHEREAS, Rev. LaRoya has helped to feed, clothe, educate, and pay medical bills for the poor, which has been instrumental in obtaining a more healthy and brighter future generation. WHEREAS, Rev. LaRoya has been active in various ministries to bring in the USA and abroad. Now, therefore, as Mayor of the City of National City, in Honor of Rev. Magdalena A. LaRoya , I do hereby proclaim November 22, 2003 as: "Yellow Ribbon Day of Living" And call on all citizens to recognize Rev. Magdalene A. LaRoya as a dedicated and positive role model. Nick Inzunza Mayor ' City of National City, California COUNCIL AGENDA STATEMENT December 2, 2003 1 MEETING DATE AGENDA ITEM NO. 7—ITEM7-ITEM TITLE PUBLIC HEARING — CONDITIONAL USE PERMIT FOR EXPANSION OF THE RALPHS SHOPPING CENTER AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE AND A VARIANCE FOR TWO FREESTANDING SIGNS IN A 20 FOOT SETBACK AREA (APPLICANT: EVERGREEN DEVCO, INC.) (CASE FILE NO.: CUP-2003-19/Z-2003-8) PREPARED X Roger G. Posstt 36-4310 DEPARTMENT Planning EXT. EXPLANATION The project site is the Ralphs shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue. The applicant is proposing to construct a Walgreens drug store in the center. Planning Commission held a public hearing on this item at their October 20, 2003 meeting. The City Council set this item for public hearing at their meeting on November 18, 2003. Council observed that the entire shopping center is in need of upgrading. The attached background report describes the development proposal in detail. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director Account No. BOARD1 COMMISSION E OMMENDATION The Planning Commission approved the Conditional Use Permit and Variance. Vote: Ayes- Saludares, Alvarado, Martinelli, .Flores, Reynolds, Carrillo, Baca, Graham ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 35-2003 Including Findings and Conditions of Approval 3. Location Map evSite)photographs Absent- Pruitt Resolution No. 5. Notice of Exemption 6. Departmental and Agency Comments 7. Applications 8. Applicant's Plans (Exhibits A, B and C case ie no.-2663-19/Z-2003- BACKGROUND REPORT The project site is the Ralphs shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue in the Limited Commercial (CL) zone. The somewhat rectangular 7.3 acre center has over 300 feet of frontage along Plaza Boulevard and in excess of 700 feet of curving frontage along Euclid Avenue. The four parcels that comprise the site are held under the ownership of M & H Realty Partners IV. The site is developed with a Ralphs grocery store adjacent to the east property line, and a Blockbuster Video store and Firestone Tire and Service Center on the south side of the property near Plaza Boulevard. The north end of the site and the area adjacent to Euclid Avenue are developed with a large customer parking lot, that far exceeds the minimum number of spaces required by the Land Use Code. Additionally, there is one freestanding sign on the site close to the intersection of Euclid Avenue and Plaza Boulevard. The center was last expanded in 1994 when Planning Commission approved a Planned Development (PD-1994-5) for the Blockbuster Video building. Both the Ralphs building and Firestone Tire and Service Center building were built well over 30 years ago, and the last significant upgrades to the Ralphs building were made in 1982. Nearby uses include large apartment complexes adjacent to the east and north of the site; both complexes are zoned Multi -Family Limited -Planned Development (RM-2-PD). The complex to the north is comprised of a number of two-story structures, and the complex to the east is comprised of a number of multi -story buildings. An office building and the Windsor Heights apartments are west of the site across Euclid Avenue in the General Commercial -Planned Development (CG-PD) and RM-2-PD zones. The applicant proposes to develop an approximately 14,500 square foot Walgreens drugstore on the north end of the site. The building will be located approximately 75 feet east of the Euclid Avenue public right- of-way and just over 40 feet from the north property line. The rectangular building, most of which will be 24 feet tall, will have a stucco exterior with split -face block around its base, and a reddish tile roof. The windows and entryway to the store will be glass and aluminum The entryway will be accented by a 31- foot tall tower element; the south and west sides of the building will have a sidewalk awning supported by stucco and split -face block columns every 17 feet on -center. There will be two drive-thru pharmacy lanes covered by a canopy on the east side (rear) of the building. The applicant will reconfigure the north end of the parking lot, since the proposed building will be built within this area. As reconfigured there will be a total of 349 parking spaces in the center, where the Land Use Code requires 343 spaces. Most of the two-way drive aisles will be 27 feet wide as required; however, plans show several aisles that are narrower than required. The driveway from Euclid Avenue to the north end of the site will be enhanced, and direct pedestrian access from Euclid Avenue will be provided. One of the two pedestrian paths from Euclid Avenue will cross through a proposed landscaped area, which narrows from 70 feet wide at the northwest corner of the site to 10 feet wide at the driveway. Also, small landscape pockets will be added in the reconfigured portion of the parking lot, and a five-foot wide strip along the north property line will be landscaped. A new six-foot tall block wall will be constructed along the north property line. Finally, the applicant proposes to build a 15-foot tall multiple copy freestanding sign adjacent to Plaza Boulevard, and to build a 25-foot tall freestanding sign with a reader board within three feet of the curvilinear Euclid Avenue street property line. Both signs will be located within required 20-foot setback areas. The proposed Walgreens drugstore building meets Land Use Code design requirements and the City's Design Guidelines. The use of awnings, a canopy, colnunns and a small tower element lend some variety to its form. The exterior building materials (i.e. stucco, split -face block, tile) and integration of mechanical equipment and rooftop downspouts into the building all convey a sense of quality consistent with Design Guidelines. The proposed site layout and improvements also meet Land Use Code requirements with the exception of several narrower than required drive aisles in the parking lot; however, the proposed parking lot striping plan can easily be adjusted so that all spaces and drive aisles meet the minimum standards. A condition of approval addressing this has been attached. The location of the proposed building, as previously described, combined with the large landscape area proposed along Euclid Avenue and the proposed screen wall and landscape strip along the north property line will increase the compatibility of the center with adjacent uses as encouraged by General Plan policies. The significant increase in on -site landscaping (along Euclid Avenue, along the north property line, at the base of the proposed building and within the parking lot) will enhance the overall appearance of the center. Also as encouraged by Design Guidelines, both vehicular and pedestrian access to the site will be enhanced, which will fully address the recent complaints about the existing poorly marked driveway. Conditions of approval requiring the proposed screen wall to match the new building, and requiring additional trees be planted along the north property line, to further increase the effectiveness of the buffer between the center and apartments to the north, have been attached. According to the Traffic Impact Analysis prepared for the applicant by Kimley-Horn and Associates, the proposed drugstore will generate approximately 1,280 average daily trips (ADT). Despite the additional ADT the Level of Service (LOS) on Euclid Avenue (a major arterial road) and its intersection with both 8th Street (a major arterial road) and Plaza Boulevard (a prime arterial road) will remain consistent with the standards in the National City Transportation Study. The applicant has requested a Variance for two proposed freestanding signs that will be located in a 20-foot setback area. Typically the setback area from Euclid Avenue and Plaza Boulevard for the site would be 10 feet; however, since the adjacent property is zoned RM-2-PD the setback is increased to 20 feet. The larger required setback area, along both Euclid Avenue and Plaza Boulevard, is primarily to ensure that buildings on the commercial are not sited in locations that are incompatible with the adjacent apartment complexes. However, the two-story apartments north of the site are located approximately 10 feet from the Euclid Avenue property line. The site's unusual curving frontage along Euclid Avenue will make it reasonably difficult for passersby on Euclid Avenue to view a freestanding sign that is setback 20 feet, unless the sign were taller than the 25 foot tall sign that is proposed (see attached Exhibit B). Additionally, the existing parking lot configuration along Plaza Boulevard limits the possible locations a freestanding sign could be placed without a loss of parking and the likely need for a taller sign than the 15-foot tall sign that is proposed (see attached Exhibit C). In addition to the previously mentioned conditions of approval regarding the screen wall, landscaping along the north property line, and minimum parking lot dimensions, standard conditions of approval have been attached to the report. Also, Fire Department requirements for provision of an adequate fire lane and for an automatic sprinkler system have been included as conditions. Planning Commission held a public hearing on the item at their October 20, 2003 meeting. Although there was no testimony in opposition to the item, the Commissioners discussed traffic circulation to and from the site. and the efficiency of the reconfigured parking lot. They approved the Conditional Use Permit and Variance finding that the site is suitable for the improvements, and that the proposal would upgrade the appearance of the site. They also found that the Variance allowed the proposed signs to be effective given the surrounding development and um —ual site conditions. RESOLUTION NO. 3 5-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR EXPANSION OF THE RALPHS SHOPPING CENTER AT THE NORTHEAST CORNER OF PLAZA BOULEVARD AND EUCLID AVENUE AND A VARIANCE FOR TWO FREESTANDING SIGNS IN A 20 FOOT SETBACK AREA APPLICANT: EVERGREEN DEVCO, INC. CASE FILE NO. CUP-2003-19/Z-2003-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for expansion of the Ralphs shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue and a Variance for two freestanding signs in a 20 foot setback area 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 report contained in Case File No. CUP-2003-19/Z-2003-8 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 20, 2003, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the 7.3 acre shopping center is large enough to accommodate an additional 14,500 square foot retail building and the required off-street parking. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the nearby streets, which are major and prime arterial roads, and intersections can absorb the additional 1,280 ADT generated by the proposed drugstore, and still perform within the Level of Service standards in the National City Transportation Study. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed building and site improvements will enhance the appearance of the existing shopping center, and since it will increase the compatibility of the site with the adjacent multi -family residential uses. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed drugstore will be the most convenient one in the area for the numerous residents that live in the large apartment complexes adjacent to an nearby the site. FINDINGS FOR APPROVAL OF THE VARIANCE 1. That because of special circumstances applicable to the property, including shape, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the property's curvilinear frontage along Euclid Avenue coupled with the height of an apartment complex adjacent to the north of the site makes signs setback 20 feet from the property line less effective. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed signs meet all other Land Use Code requirements, and since they will be located in attractive landscape planters, also because development adjacent to the north is located within the required setback area. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since one freestanding sign per property, per street frontage is allowed in the CL zone. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit/ Zone Variance authorizes the expansion of the existing Ralphs shopping center with the addition of a 14,500 square foot Walgreens drugstore, and the placement of two freestanding signs (one along Euclid Avenue and one along Plaza Boulevard) within a 20 foot setback area. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, B and C, Case File no. CUP--2003-19/Z-2003-8, dated 7/30/2003. 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. Additional trees, for the purpose of screening, shall be planted along the north property line adjacent to the proposed building if feasible. 3. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 4. The proposed six foot block wall along the north property line shall have a finished appearance that is compatible (split -face block or stucco) with the proposed building. 5. All parking stalls and drive aisles located within the portion of the parking lot that is proposed to be reconfigured shall meet minimum Land Use Code requirements. 6. 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. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. 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. 10. Before this Conditional Use Permit/ Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit/ Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 11. 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. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plans 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 plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drain, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 13. All surface run-off shall be collected by approved drainage facilities and/or directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. A sewer "S" shall be provided on the curb to mark the location of the lateral. 15. There are existing easements reserved to the City of National City and no building encroachment will be allowed within the easements. The easements shall be shown on the plans. 16. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 17. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 18. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 19. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. 20. An automatic fire sprinkler system will be required. 21. The fire flow for a type V-N with an automatic fire sprinkler system will be a minimum of 1,650 gpm for 2 hours with a 20 psi residual. 22. A minimum of 20 feet of clear width with 13'6" vertical clearance will be required around the perimeter of the structure, designated as a fire lane.. 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 November 3, 2003, by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: SITE PHOTOS City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Expansion of Ralphs shopping center Project Location: A small portion of an existin shopping center at the northeast corner of Plaza Boulevard and Euclid Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: The construction of a 14,500 square foot Walgreens drugstore and associated site improvements including reconfiguration of a portion of the existing parking lot and on -site landscaping. Applicant Name and Address: Evergreen Devco, Inc. 2920 E. Camelback Road #100 Pheonix, AZ 85016 Exempt Status: Telephone Number: 602-808-8600 Statutory Exemption. Categorical Exemption. Class 32, Section 15332 In -Fill Development Projects Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed Walgreens drugstore is consistent with the applicable Combined General Plan/Zoning designation for the property. The approximately seven -acre site, which is entirely within National City, is in a fully urbanized area. Adjacent uses to the site include apartment complexes. The entire site is developed with a Ralphs grocery store, two smaller retail buildings, and a large customer parking lot. There are no natural areas on -site, thus the area has no value as habitat for endangered species. The project will generate approximately 1,280 new Average Daily Trips (ADT). The nearby roads, which are prime and major arterial roads, and the intersections have the capacity to handle re Recycled Paper the additional ADT, while still performing within the standards in the National City Transportation Study. Date: ANDREW HOSKINSON ASSOCIATE PLANNER CITY OF NATIONAL CITY F►RE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: August 8, 2003 TO: Andrew Hoskinson, Associate Planner FROM: Donald Condon, Acting Fire Chief SUBJECT: Case File No: CUP-2003-19 / Z-2003-8 Walgreens Comments and Recommendations: 1) Automatic Fire Sprinkler system will be required. 2) Fire Flow for a type V-N with a automatic fire sprinkler system wille a minimum of 1,650 gpm for 2 hours with a 20 psi residual. 3) A minimum of 20' clear width with 13'6" vertical clearance will be required around the perimeter of the structure, designated as a fire lane. 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 August 26, 2003 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistaan�nttq,�� 'Civil Engineer Via: Stephen M. Kirkpatrick -,-Acting Director of Public Works/City Engineer Subject: WALGREENS LOCATED ON EUCLID S. OF 8TH STREET In response to your letter dated August 12, 2003, the Traffic Study prepared by Kimley-Horn and Associates has been reviewed by the Public Works/Engineering Department. The Public Works Department concurs with the traffic report for Walgreens. We have no additional comments or requirements for the project at this time. If you have any questions, please call Adam Landa at Extension 4394. AL:wal Recycled Paper 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 Date: December 5, 2002 ENGINEERING REQUIREMENTS FOR WALGREENS AT PLAZA BOULEVARD AND EUCLID AVENUE To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Assistant Director of Public Works/Engineering Subject: WALGREENS AT PLAZA BOULEVARD AND EUCLID AVENUE 1. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plans 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 plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drain, shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 2. All surface run-off shall be collected by approved drainage facilities and/or directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any sewer lateral in the City right-of-way shall be 6 inch in size with a clean -out. A sewer "S" shall be provided on the curb to mark the location of the lateral. 4. There are existing easements reserved to the City of National City and no building encroachment will be allowed within the easements. The easements shall be shown on the plans. Recycled Paper 5. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 6. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way, and the grading construction on private property. 7. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvement, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 8. A title report shall be submitted to the Engineering Department after Planning Commission approval for a review of all existing easements and the ownership at the property. AJL:jha2 walgreens 15 S E ETWA`T R AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwatenorg August 14, 2003 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: Water Availability New Walgreen's at N/E Corner of Plaza Boulevard and Euclid Avenue in Existing Ralph's Shopping Center Case No.: CUP-2003-19 / Z-2003-8 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. "SKI" WOLNIEWICZ CARV F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Dear Mr. Hoskinson: This letter is in response to an Application for Conditional Use Permit and Zone Variance Application for the subject property, within the Authority's service area. There is an 8-inch water main located in the east side of Euclid Avenue. The Authority's records indicate that there is existing water service to the Ralph's store. If the owner wants separate water service for the Walgreen's store, fixture -unit counts and further information are required. Enclosed is a copy of 1/4 SEC. 106 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chu la Vista and Surrounding Areas Mr. Andrew Hoskinson Re: Water Availability — Walgreen's Store, National City August 13, 2003 Page two If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 110 p.s.i. to a minimum of 100 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY ector Martinez Deputy Chief Engineer HM:LJE:jg Enclosure: photocopy of 1/4 SEC. 106 map Pc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Evergreen Devco, Inc. 2920 E. Camelback Road, #100 Phoenix, AZ 85016 I:\engr\Gen\Water Availability \plaz_euc_walg.doc Every reasonati. effort has been made to assure the ac"`* of this map. However, neither the SanGIS participants nor San Diego Data Processing Corporation assume any liability arising from its us THIS MAP IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROPRIETARY INFORMATION: The use of this information is pursuant to sublicense agreement only. Any resale or relicensing of this information is prohibited, except in accordance with such sublicensing agreements. Subject Property: Walgreen's n/e corner of Plaza & Euclid, NC 1/4 SEC. 106 SCALE: 1 " = 200" '`AAHw�n ���'�nuglli�LO. NATIONAL CITY, CALIFORNIA APPLICATION for x 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 " e - lou3 Filing Fee $ (31-5 Date Received )3J403 E.A.F. Required Yes Related Cases Rece' t N By 85o rs3-ii Fee $ LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Please see attached PROPERTY LOCATION NEC Euclid Avenue and Plaza Boulevard No. Street between 8th Street and Plaza Blvd. & Euclid Avenue COMBINED GENERAL PLAN/ZONING DESIGNATION Limited Conrnercial Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: To construct and operate a 14,560 square foot Walgreens Drug Store with a drive—thru pharmacy and appurtenant narking/landscaping. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: M&H Realty Partners IV,L_P. Name: Signature Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 12555 High Bluff Dr., #395 Address: San Diego, CA 92130 Phone No. 858-259-9909 Phone No. Fax No. 858-259-'8886 Fax No. Date: Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 0 APPLICANT Name: Evergreen Devco, Inc. , Reuben Garbett (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2920 E. Camelback Road, #100 Phoenix, AZ 85016 Phone No. 602-808-8600 Fax No. 602-808-9100 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, l998 Page 3 of 4 NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FORDEPARTMENTUSE ONLY Case Number .2- 7O0 5 Filing Fee $ 150 Receipt No. Date Receivedli F° 10�i By IJ(MC7�1,U E.A.F. Required i5 Fee $ ;b0 Related Cases GU r' ),CV - .t 5 ` & 3-'1 SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Please sec attached PROPERTY LOCATION NEC Euclid Avenue and Plaza Bouelvard, No. Street between 8th Street and Plaza Blvd. on Euclid Avenue COMBINED GENERAL PLAN/ZONING DESIGNATION Limited Commercial Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: To place a pylon sign on Euclid Avenue, within the 20' setback and to place a pylon sign on Plaza Blvd. within the 20' setback. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: M&H Realty Partners IV, L.P. Signature (Signature acknowledges that this application is being filed) Name: Signature (Signature acknowledges that this application is being filed) Address: 12555 High Bluff Dr., 4 395 Address: San Diego, CA 92130 Phone No. 858-259-9909 Phone No. Fax No. 858-259-8886 Fax No. Date: Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: Evergreen Devco, Inc. , Reuben G.arbett (Please type or print) Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 2920 E. Camelback Road, #100 Phoenix, AZ 85016 Phone No. 602-808-8600 Fax No. 602-808-9100 Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 12555 High Bluff Drive, Suite 385 San Diego, California 92130 Ph: (858) 259-9909 Fax: (858) 259-8886 PROPERTY MANAGEMENT LLC July 17, 2003 City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Re: Conditional Use Permit and Zone Variance Northeast corner of Euclid & Plaza To Whom It May Concern: As the owner of Parcels 1, 2 and 3 described on the attached legal description and located near the northeast corner of Euclid Avenue and Plaza Boulevard, I hereby authorize Evergreen Devco, Inc. on behalf of Walgreens to apply to the City of National City for the processing of a Conditional Use Permit and a Zone Variance related to the construction of a freestanding Walgreens with a drive-thru and pylon sign. Sincerely, H PRO.' TY MANAGEMENT LLC, &H Realty Partners IV L.P. Sco A. cPherson Vice President SAM:nsr Enclosure City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE December 2, 2003 AGENDA ITEM NO. 2 % ITEM TITLE PUBLIC HEARING - APPROVAL OF THE FREEWAY DEFICIENCY PLAN FOR THE CENTRAL INTERSTATE 5 CORRIDOR STUDY PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering 336 4387 EXPLANATION According to state law a freeway deficiency plan for the central interstate 5 corridor study shall be adopted at a public hearing by the local jurisdictions affected by the traffic congestion: in this case, the Cities of National City and San Diego. Thereafter the plan must be accepted or rejected by SANDAG, acting as the region's Congestion Management Agency. A deficiency plan is required due to the failure of a freeway segment on the regional Congestion Management Program (CMP) system to meet the applicable Level Of Service (LOS) standard. The failed freeway segment is located within the Cities of San Diego and National City. See attached freeway deficiency plan (latest draft) for further details. • On November 18, 2003, the City Council scheduled December 2, 2003 as the date for receiving the public comments on the freeway deficiency plan for the central interstate 5 corridor study. The Plan must first be adopted by the city council of National City, and once submitted to SANDAG, the Board has 60 days to accept or reject the Plan. Mike Hix, SANDAG Senior Project Manager will be at the Public Hearing to further clarify or answer any questions Council may have. Environmental Review X NfA Financial Statement Approval of the deficiency plan has no financial impacts. Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing. BOARD I COMMISIN RECOM ENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No, Exhibit "Al" - Proposed Freeway Deficiency Plan (Latest Draft) Exhibit "A" - 12-Color Copy of the Map/Plan A-200 l9 991 EXHIBIT "A 1" Freeway Deficiency Plan Revised Draft Central Interstate 5 Corridor Study San Diego's Regional Planning Agency Freeway Deficiency Plan Revised Draft Central Interstate 5 Corridor Study November 2003 Prepared for: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Prepared by: URS 1615 Murray Canyon Road Suite 1000 San Diego, CA 92108 Table of Contents Executive Summary 1 E.1 Introduction 1 E.2 Background and Purpose 2 E.3 FDP Methodology and Standards 3 E.4 Causes of Freeway Deficiencies 4 E.5 FDP Freeway Improvements 6 E.6 FDP Operational and Non -Highway Improvements 11 E.7 Summary of Identified Improvements 12 E.8 FJJP Phasing Plan and Implementation Strategy 12 1.0 Introduction and Setting 21 L1 Basis for Freeway Deficiency Plan 21 1.2 Multi -Jurisdictional Participation 25 1.3 Report Organization 26 2.0 Deficiency Analysis 26 2.1 Freeway Segment Level of Service Definition 26 2.2 Significance Criteria 28 2.3 Summary of Identified Deficiencies and Impacts 29 2.4 Causes of Freeway Deficiencies 43 3.0 Screening of Actions 45 3.1 Summary of Improvement Alternatives from 2030 RTP 46 3.2 Summary of Improvement Alternatives from I-5 Corridor Study 48 4.0 Evaluation of Suitable Impacts 58 4.1 Summary of 2030 RTP Improvements 58 4.2 Summary of I-5 Corridor Study Improvements 58 4.3 Summary of Other Improvements to Achieve Minimum LOSE 59 4.4 Summary of FIR Operational and Non -Highway Improvements 66 5.0 Action Plan 67 III List of Figures Figure E.1 Freeway Deficiency Plan Identified Improvements 15 Figure 1.1 Study Area Map 23 Figure 2.1 Existing I-5 Corridor Deficiencies — AM Peak Hour 35 Figure 2.2 Existing I-5 Corridor Deficiencies — PM Peak Hour 37 Figure 2.3 Future Year 2020 Conditions, I-5 Freeway Deficiencies — AM Peak Hour 39 Figure 2.4 Future Year 2020 Conditions, I-5 Freeway Deficiencies — PM Peak Hour 41 Figure 3.1 Freeway Enhancement Alternative 51 V List of Tables Table E.1 Summary of Existing and Future LOS Conditions 4 Table E.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements From 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario 8 Table E.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements From Central I-5 Corridor Study 9 Table E.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement 10 Table E.5 Summary of Freeway Segment Deficiencies and Recommended Improvements 17 Table E.6 Freeway Deficiency Plan Recommended Improvement Phasing Plan 19 Table 2.1 Caltrans District 11 Freeway Segment Level of Service Definitions 26 Table 2.2 Summary of Existing and Future LOS Conditions 29 Table 2.3 Summary of Year 2002 Freeway Analyses (Non -Event) Ballpark and Ancillary Development Project Focused Study Area 31 Table 2.4 Summary of Cumulative Buildout Conditions Freeway Analyses (Non -Event), Ballpark and Ancillary Development Project Focused Study Area 32 Table 2.5 Summary of Expanded Analysis of CMP Impact on the Regional Freeway System, Near -Term (2002) and Cumulative Buildout Conditions (Non -Event), Ballpark and Ancillary Development Projects 33 Table 2.6 Regional and Central I-5 Corridor — Population and Employment Projections 43 Table 2.7 Centre City Growth Projections 43 Table 2.8 Daily Person Trips Central I-5 Corridor 44 Table 3.1 Central I-5 Corridor Study Summary of Recommended Plan 53 Table 4.1 Summary of Freeway Segment Deficiencies and Recommended Improvements 60 Table 4.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based Upon 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario 62 vii Table 4.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based Upon Central I-5 Corridor 63 Table 4.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments, After 2030 RTP and Central I-5 Corridor Study Improvement 65 Table 5.1 Freeway Deficiency Plan Recommended Improvement Phasing Plan 68 viii Draft — November 2003 Central I-5 Corridor Study Freeway Deficiency Plan EXECUTIVE SUMMARY E.1 Introduction The Final Subsequent Environmental Impact Report (SEIR) for the Ballpark and Ancillary Development Projects and Associated Plan Amendments, dated October 26, 1999, required the development of a Freeway Deficiency Plan (FDP). As described in this mitigation measure, this FDP shall be prepared for the freeway systems serving Centre City. Mitigation Measures 13.1-5 and 13.1-6 of the Mitigation Monitoring and Reporting Program for the Ballpark and Ancillary Development Projects and Associated Plan Amendments require the following: 13.1-5 Caltrans, San Diego Association of Governments (SANDAG), and the City of San Diego shall prepare a FDP which identifies both near -term and long-term capacity improvements and programs to improve the freeway system serving Centre City. Possible improvements may include: • Enhanced alternate mode service and facilities (e.g., trolley, express bus, bicycle, and pedestrian); • Enhanced Transportation Demand Management (TDM) measures to reduce peak hour congestion, such as carpooling, vanpooling, parking restrictions, staggered work hours, and telecommuting; • Increased carrying capacity on I-5, SR-94, and I-15; • Improved/reconfigured freeway on -ramps and off -ramps; and • Modifying peak hour flow rates at freeway ramp meters, in conjunction with increased mainline capacity, to maximize egress from surface streets connecting to freeway on -ramps. 13.1-6 Improvements and programs identified in the FDP shall be carried out in accordance with the implementation program included as part of the Plan. In addition to this mitigation requirement from the SEIR, this PUP satisfies another requirement imposed by the State of California Congestion Management Program (CMP). In the San Diego region, the CMP established LOS "E" as the standard for the freeways in the CMP roadway system, except for segments that were at LOS "F" in 1991 CMP base year. In those cases, LOS "F' would be the standard for those segments. For new segments added after the 1991 base year LOS was established, the standard shall be LOS "E". The LOS is measured as the highest peak hour (AM or PM) in the heaviest travel direction. 1 In the CMP, a deficiency plan is required whenever a freeway segment on the CMP system fails to meet the CMP Level of Service (LOS) standard and is designated as a "deficient segment" after allowing for certain statutory exclusions. Further, roadway segments designated as "deficient segments" should be grouped into common sub -areas or corridors based upon the following criteria: • The segments are contiguous or share a common CMP route • The segments are grouped near intersecting CMP routes • The segments are included in a previously defined study area. In conjunction with Caltrans and SANDAG, the City of San Diego identified the facilities to be included in this FDP. While the detailed deficiency analysis conducted in the Traffic Analysis for the Ballpark and Ancillary Development Projects considered both local roadways and freeway facilities, the portions of the analysis summarized in the FDP relate only to the major CMP freeway routes. The segments analyzed in conjunction with the Ballpark and Ancillary Development Projects and included within this FDP are I-5 between Sea World Drive and SR-54, SR-163 between Genesee Avenue and I-5, SR-94 between 17th Street and Massachusetts Avenue, and I-15 between I-805 and SR-94. E.2 Background and Purpose As stated above, the primary factor which required the preparation of this FDP was the mitigation requirement from the SEIR for the San Diego Ballpark Project. The discussion below provides background on this project and describes the linkage between the Ballpark Project and the Central I-5 Corridor Study. The planned Ballpark and Ancillary Development Projects are located in the East Village area of downtown San Diego. The proposed activities are to be located in an area roughly bounded by Sixth Avenue, Market Street, Interstate 5, and Commercial Avenue/Harbor Drive. The proposed construction consists of two basic components. The first, the Ballpark Project, is composed of a new ballpark and related retail, entertainment center, and parking facilities. The second component, the Ancillary Development Projects, consist of facilities around the Ballpark Project, including hotels, office, research and development, residential, and retail. For the Ballpark and Ancillary Development Projects traffic analysis, both non-event and event conditions were analyzed to determine resulting impacts. This FDP focuses on the non-event condition because event conditions would not occur on a regular daily basis, and the City of San Diego is developing a formal Event Traffic Management Plan (ETMP) to address the traffic generated by special events. To accomplish the SEIR mitigation requirement to prepare an FliP, SANDAG and the City of San Diego included the development of this plan as a scope element within the Work Program established for the Central I-5 Corridor Study. The Central I-5 Corridor Study was conducted under the direction of SANDAG and Caltrans, with participation by the Centre City Development Corporation (CCDC), the Metropolitan Transit Development Board (MTDB), the San Diego Unified Port District, and the cities of San 2 Diego, National City, and Chula Vista. The primary issues that led to initiation of the Central I-5 Corridor Study were related to access and mobility and the desire to enhance the economic vitality of the Corridor and the region as a whole. The purpose of the study was to identify short- range and long-range actions to reduce traffic congestion on freeways, interchanges, and arterials that provide regional access to Centre City and other corridor activity centers, including San Diego International Airport (Lindbergh Field), the San Diego Unified Port District marine terminals at 10`h Avenue in San Diego and Bay Marina Drive in National City, and the Old Town Transit Center. As a component of the Central I-5 Corridor Study work program, this FDP was prepared under the direction of Caltrans, the City of San Diego, and SANDAG. The FDP is based in large part on the analysis in the Central I-5 Corridor Study. A Policy Committee, composed of staff and elected officials from local agencies and jurisdictions, met at key points during the Central I-5 Corridor study process to provide direction and guidance. Meetings with technical staff from the agencies and jurisdictions were also convened at periodic points in the study process to review analysis findings at a more technical level of detail. As part of the review process, the cities of San Diego and National City must approve the contents and recommendations of the FDP. Ultimately, this FDP must be accepted by SANDAG, acting as the Congestion Management Agency (CMA) for the San Diego region. The SEIR has stipulated that the FDP be accepted prior to the issuance of an occupancy permit by the City of San Diego for any ballpark -related development. E.3 FDP Methodology and Standards For the purpose of this FDP, the Ballpark Project SEER Large Project traffic analysis provided a general guide in determining the extent of the influence area and the resulting freeway facilities to be included in this FDP analysis. Table E.1 lists each individual "deficient" freeway segment included in the FDP study area. This table also identifies the jurisdictional location of each FDP study segment. Inclusion in the FDP as a deficient freeway segment is triggered by either of two conditions: a. The segment has an existing LOS deficiency - i.e., LOS "F." SANDAG has identified any freeway segments that currently operate at LOS "F," and these segments are shaded in the column titled "Year 1999 CMP LOS." b. The segment has been identified in a Large Project Traffic Analysis (i.e., San Diego Ballpark and Ancillary Development Projects and Associated Plan Amendments SEIR dated October 26, 1999) as experiencing a significant impact (future LOS F) due to the project. For the purposes of this FDP, this means that the traffic analysis for the Ballpark Project SEIR found the segment to be impacted by the project under either opening year (2002) or buildout non-event conditions. As shown in Table E.1, every freeway segment included in this 1-DP is projected to operate at LOS "F' in either the near term or buildout time frames. The table also indicates that a number of segments are triggered separately by each of'.'':-e two criteria. 3 Table E.1 Summary of Existing and Future LOS Conditions Route 1-5 Limits Sea World Drive to 1-8 jurisdicti City of San Diego Year 1999 CMI' LOStt' E Opening Year Non-Event Buildout Non -Benton Projected LOS12' F Projected LOSt2' F 1-8 to Washington City of San Diego E F F Washington to Laurel City of San Diego E F F Laurel to SR-163 City of San Diego F F F SR-I63 to SR-94 City of San Diego F E F SR-94 to Imperial City of San Diego F F F Imperial to Crosby City of San Diego F E F Crosby to 281 Street City of San Diego E D F 286' Street to I-15 City of San Diego F F F 1-15 to le Street City of San Diego/ National City F F F 16w Street to SR-54 National City F F F SR-163 Genesee Avenue to Friars Road City of San Diego F F F Friars Road to 1-8 City of San Diego E F F 1-8 to Washington City of San Diego F F F Washington to 1-5 City of San Diego F F F SR-94 17th Street to 28h Street City of San Diego E F F 28i6 Street to 1-15 City of San Diego E F F 1-15 to I-805 City of San Diego F F F I-805 to Euclid Avenue City of San Diego F F +`'S' F Euclid Avenue to College Avenue City of San Diego/ Lemon Grove F F F College Avenue to Massachusetts Avenue Lemon Grove/La Mesa F F F 1-15 1-805 to SR-94 City of San Diego C E F Source: URS, March 2003. Notes: t" Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. t-t Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. E.4 Causes of Freeway Deficiencies As documented in the Central I-5 Corridor Study, existing and future year freeway deficiencies are a function of high levels of travel demand coupled with limited freeway capacity and outdated and/or substandard freeway geometrics. Corridor Travel Demands Travel demands are a result of population and employment growth both within the corridor and throughout the region. The following table displays existing year 2000 and forecast year 2020 population and employment projections for the study corridor and the region as a whole. 4 Population Employment Regional and Central 1-5 Corridor Population and Employment Projections Existing Corridor 274,560 eglon 2,946,550 236,510 1,171,000 % Increase Over Existing` Corridor Region 363,600 3,853,300 32.4% 30.8% 266,070 1,485,400 12.5% 26.8% Source: SANDAG, Series 9, September 2001. As shown, population in the study corridor is projected to increase over existing levels by 32.4 percent by the year 2020. In addition, corridor employment is projected to increase 12.5 percent over existing levels by the year 2020. The following table displays the growth of office, retail, and housing within the Centre City, one of the primary focal points of growth in the Central I-5 Corridor. Office (square feet) Centre City Growth Projections 11.8 million 18.1 million 52.8% Retail (square feet) 4.4 million 4.7 million 6.8% Housing Units 6,600 28,600 333.3% Source: SANDAG, CCDC, September 2001. As shown, Centre City office space is projected to increase by 52.8 percent by the year 2020, with projected retail space in the Centre City increasing by 6.8 percent. The projected increase in Centre City housing units is very significant, from 6,600 units to 28,600 units by 2020, representing over a three -fold increase over the 20-year timeframe. This increase in Centre City housing units will be beneficial by reducing trip lengths and the number of work trips commuting from outside the corridor. The following table displays the projected number of person trips (work and non -work purposes) for the existing year 2000 and the forecast year 2020, along with the percentage growth over existing year 2000 levels. Daily Person Trips Central I-5 Corridor Purpose Existing 2000 Daily Corridor - Person Trips " 2020 Daily Corridor Person Trips ' `: % Increase -; 2000-2020 Work 351,800 409,200 16.4% Non -Work 2,625,500 3,147,200 20.0% Total 2,977,300 3,556,400 19.5% Source: SANDAL, August 2001. 5 As shown, approximately 3.0 million trips currently take place in the corridor on a daily basis. By the year 2020, the number of trips will increase by 20 percent to 3.6 million. As expected, the vast majority of these trips have either an origin or destination within the corridor, with approximately 25 percent of the trips focused on the Centre City area. Less than 10 percent of the corridor's trips are through trips, or trips just passing through the corridor, between SR-54 and I-8. The I-5 freeway provides the primary regional access to the corridor's major activity centers, including Centre City, the airport, Old Town, and the marine terminals at Tenth Avenue and National City. The I-5 freeway also is a major connecting route to regional freeways, including SR-54, I-15, SR-94, SR-163, and I-8. Freeway Congestion In addition to the impacts associated with the population, employment, and development growth discussed above, congestion along the various freeway segments within the study area is generally a factor of the following: 1. Areas of capacity constraint wherein traffic flows exceed the carrying capacity of the freeway, as depicted by volume/capacity (v/c) relationships. The resulting high traffic densities restrict traffic flows, limit the ability to change lanes, and result in degraded travel speeds. Locations where capacity is reduced due to lane drops and termination of auxiliary lanes can be particular problems. 2. Merge and diverge conflicts at ramp junctions. At ramps, heavy volumes of merging vehicles entering the freeway traffic flows can create turbulence in the traffic flows. Approaching freeway vehicles must often shift lanes to the left to avoid this turbulence. Diverging vehicles at exit ramps also create turbulence, as exiting vehicles move right and through vehicles move left to avoid potential turbulence. 3. Deficient spacing between entry and exit ramps and corresponding poor weave section operations. The various weave merge and diverge movements cause "turbulence" which constrain traffic flow. Overall PM peak hour traffic flows on the I-5 freeway facility are constrained in the southbound direction generally between Pacific Highway in the north and SR-54 to the south. Major bottlenecks in the "S curve" through the downtown area occur due to merging and diverging traffic and heavy traffic flows to the South Bay. In a similar manner during the AM peak hour, northbound congestion occurs due to heavy traffic flows out of the South Bay and various conflicts with merging and weaving traffic. E.5 FDP Freeway Improvements Once the FDP deficient freeway segments were identified, it was necessary to identify a freeway improvement concept to mitigate the capacity deficiency of each segment. The improvement concept for the deficient freeway segments was derived from one of three sources: a. Improvements contained in the 2030 Regional Transportation Plan (RTP) "Reasonably Expected" Revenue (MOBILITY) Scenario. b. Additional improvement projects recommended in the Central I-5 Corridor Study. 6 c. Other "Improvements to Achieve Minimum LOS E." Unlike "Reasonably Expected" improvements, these long-term projects are not included in the 2030 RTP and are unfunded at the present time. The FDP also includes operational and non -highway improvements which are discussed in a following section. Table E.2 summarizes the deficiencies which would be addressed by improvements contained in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. This table also repeats the columns contained in Table E.1, and adds four new columns under the heading, "2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario." The first column under this heading, "Description of Improvement," summarizes the improvement concept, if any, proposed in the RTP. The next column provides an estimated cost to implement the identified improvement. The next two columns show the resulting AM and PM peak hour LOS by direction for the year 2030 (the time horizon of the SANDAG RTP). For seven of the segments with proposed improvements, the 2030 AM and PM peak LOS is acceptable in both directions. Eight segments on I-5, however, would still experience a directional LOS "F' during at least one peak period. Four segments of SR-163 (for which no improvements are listed in this table) also operate at LOS "F." Each of the 12 "failing" segments is shaded in the appropriate columns. To achieve LOS E or better, these 12 segments on both I-5 and SR-163 would require additional improvement actions beyond those included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. Table E.3 summarizes the LOS results based upon implementation of the Central I-5 Corridor Study recommended improvements between Sea World Drive and SR-54, in addition to the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario (Table E.2). The exception is on Interstate 5 itself, where the RTP and the Central I-5 Corridor Study both recommend adding two lanes, but with different functions. The Central I-5 Corridor Study recommended two general purpose lanes, while the RTP recommends two HOV lanes. SANDAG will conduct further analysis of the feasibility and costs of HOVs in this particular corridor. In either case, the additional two lanes on 1-5 shown in Table E.2 are not repeated in Table E.3. Table E.3 also shows the estimated cost of each improvement project. As shown, all freeway segment deficiencies except those on SR-163 would be mitigated by improvement projects in a combination of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study. Table E.4 addresses the additional long-term improvements on SR-163. This table contains the same information found in the corresponding columns of Table E.1, with identification of other improvements which would result in a long-term LOS of E or better. As shown, widening of SR-163 would be necessary to address the existing and projected deficiencies. It is important to note that earlier studies determined that no widening of SR-163 will occur through Balboa Park due to environmental constraints and community concerns, and there is no recommendation to widen SR-I63 between I-5 and Genesee Avenue at this time. 7 Table E.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement Route SR-163 Limits 1-5 to Washington Washington to 1-8 I-8 to Friars Road Friars Road to Genesee Avenue .Jurisdiction City of San Diego City of San Diego City of San Diego City of San Diego Year 1999 C'T1 I,OR' Opening Year Buildout Non- 1 Non -Event Event F F F F Projected LOS' Per ierted F F F F F F F F Concept Improvements to Achieve Minimum LOS "F''' Description of improvement Widen to 6 lanes Widen to 6 lanest"h Widen to 10 lanes Widen to 10 lanes Re lilting Ultimate Level of Service AM E or better E or better E or better PM E or better E or better E or better E or better E or better Notes (I) (2) (3) (a) Source: URS, March 6, 2003. Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. Future concept improvements and resulting LOS conditions based upon requirements to achieve operating conditions of LOS "E" or better. No facility improvement cost estimate has been prepared nor is any widening planned. Due to environmental and community concerns, the San Diego City Council removed any recommended improvements to SR-163 in the Ballpark Final SEIR. E.6 FDP Operational and Non -Highway Improvements In addition to the highway capital improvements noted on Tables E.2 and E.3, the improvements derived from both the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study also included a comprehensive set of freeway operational improvements, in addition to an expanded focus on alternative modes and travel demand management (TDM) strategies as follows: • Mobility 2030 Regional Transit Vision (RTV) - The RTV, as a significant component of Mobility 2030, calls for a network of fast, flexible, reliable, and convenient transit services connecting the region's major employment and activity centers. The Mobility 2030 PIan includes an extensive network of .managed/HOV lanes on the highway system designed to accommodate transit services as well as carpools and vanpools. The plan also includes an emphasis on demand management strategies to reduce peak period travel and to change when and how people travel. New and/or improved transit routes as identified in the RTV within the FDP study area include: a. Increase in existing Coaster service b. Increase in existing and planned Blue Line Trolley service c. Mid -Coast from Old Town to Sorrento Mesa d. Old Town to Kearny Mesa via Mission Boulevard/Balboa Avenue e. Old Town to K army Mesa via Linda Vista f. Coronado and Centre City to Sorrento Mesa via Hillcrest/Genesee. • Central I-5 Corridor Study — In addition to improvements on I-5, the recommended plan includes a comprehensive set of corridor improvements incorporating a variety of multi - modal options focused on improving access to key activity centers and enhancing mobility throughout the corridor, including: a. An extensive set of transit system improvements consistent with the Mobility 2030 RTV. b. Improvements to adjacent parallel arterials to facilitate more efficient utilization, including intersection enhancements and signal coordination. c. An extensive set of operational improvements including metering of freeway on -ramps, additional auxiliary lanes, and ramp interchange enhancements to improve freeway merge and diverge movements. d. Travel demand management (TDM) strategies, including implementing a Centre City TDM program for promotion of transit, rideshare, flextime, and telecommuting. 11 E.7 Summary of Identified Improvements The freeway projects identified to achieve acceptable levels of service are shown in Figure E-1. The legend indicates those projects that have been incorporated into the RTP and those that have not. Only those projects in the RTP are recommended at this time. Table E.5 summarizes the FDP triggers that apply to each freeway segment, identified long- range freeway capital improvements for each segment by source, and the year 2030 LOS that would result from implementation of the improvements, in addition to the operational and non - highway improvements incorporated within both the Mobility 2030 and Central I-5 Corridor Study. Assuming that the improvements are technically and financially feasible, each identified deficient freeway segment would be improved to an acceptable LOS of E or better. Some of the non-RTP projects, including the Collector/Distributor Ramp System and the I-5/SR- 94 connector ramp, are listed in the plan because technical analysis identified them as means to alleviate congestion. Because of strong community objection based on potentially strong adverse impacts, neither the Collector/Distributor nor the I-5/SR-94 connector is recommended. The community also identified other potential options to relive Interstate .5, such as double - decked construction, tunnels, vertical retaining walls, and a reverse clover leaf interchange with SR-94. All such alternatives should be considered in the future planning process, where they will be subjected to environmental review, available funding and community input. E.8 FDP Phasing Plan and Implementation Strategy Table E.6 provides an indication of the anticipated schedule for the phased implementation of the improvements recommended in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. The table includes the planned HOV lanes and missing freeway to freeway connector ramps, with the timeframes shown based upon the Final RTP as adopted in March 2003. Details such as the phasing of the individual interchange and ramp proposals were not included in MOBILITY 2030. It is envisioned that future RTP updates will review the additionally recommended concepts from the Central I-5 Corridor Study and recommend projects for implementation based upon results of further environmental review, available funding, and input from the community. Funding and implementation of the recommended Deficiency Plan improvements will be a joint local and regional effort that will require the use of federal, state, regional, local, and private funding sources. Toward this end, National City and the City of San Diego will: Work with SANDAG through the RTP and Regional Transportation Improvement Program (RTIP) processes to advance and fund the recommended Deficiency Plan improvement projects. ® To the extent possible and using local or private funds, consider Deficiency Plan recommen- dations when developing annual and multi -year capital improvement programs. 12 • Advocate and, to the extent possible, fund Transportation Demand Management and Transportation System Management strategies to provide interim congestion relief until longer -term Deficiency Plan recommendations can be implemented. • Work with SANDAG to identify new funding sources and advocate the allocation of these funds for Deficiency Plan improvements. • Work with SANDAG to implement new congestion mitigation strategies resulting from the study currently underway to develop a Toolbox of mitigation strategies to address congestion within the San Diego region. 13 1 central lnt,i a e' �m cot'r,!ur ADOPTED IN RTP Widening (2 HOV Lanes) Additional Widening (2 GP Lanes) Centre City Collector - Distributor System Freeway Widening (6 Lanes) 15 NATIONAL CITY °-.'MARINE TERMINAL ROD Table E.5 Summary of Freeway Segment Deficiencies and Identified Improvements Route 1-5 Limits Sea World Drive to 1-8 Year 1999 CMP LOS") E Opening Year Non- Event Projected LOS`2' F Buildout Non -Event Projected LOS'2' F Identified 2030 Improvements Resulting Level (based upon implementation of all im AM (NB/SB Central I-5 Corridor Study or EB/WB) of Service rovernents) 2030 RTP "Reasonably Expected- Revenue (MOBILITY) Scenario PM (NB/SB or EB/WB) Construct two HOV lanes; new E-N and S-W freeway connectors at I-8 Reconfigure Sea World Dr interchange; new S-W and E-N connectors at I-5/1.8; widen ramps at 1-5/1-8 B/C C/C 1-8 to Washington E F F Construct HOV lanes Reconfigure Old Town Ave & Washington St interchange; Old Town transit center access improvements C/C D/D Washington to Laurel E F F Construct HOV lanes Airport access improvements C/C D/D Laurel to SR-163 F F F Construct HOV lanes Reconfigure First Ave/Hawthorne St interchange D/C E/D SR-163 to SR-94 F E F Construct HOV lanes Centre City Collector -Distributor System E/B C/C SR-94 ,s Imperial F F F Construct HOV lanes 101h Ave Marine Terminal access improvements D/B D/C Imperial to Crosby F E F Construct HOV lanes 10th Ave Marine Terminal access improvements D/B D/C Crosby to 28'h Street E D F Construct HOV lanes 10a' Ave & National City Marine Terminal access improvements D/B D/C 28'h Street to I-15 F F F Construct HOV lanes New NB auxiliary lanes from SR-15 to National Ave & SB aux. lanes from 8th St to Cleveland Ave E/A B/E I-15 to 16'h Street F F F Construct HOV lanes Add 2 General Purpose lanes; new NB auxiliary lanes from Th/8'h St to Division St E/A B/D 16'h Street to SR-54 F F F Construct HOV lanes Add 2 General Purpose lanes; new NB & SB auxiliary lanes between Bay Marina Dr & Harbor Dr E/A B/D Table E.5 (continued) Summary of Freeway Segment Deficiencies and Identified Improvements Route : Limits Year 1999 CMP LOSm Opening Year Non- Event Buildout Non -Event Identified 2030 Improvements Resulting Level of Service (based upon implementation of all improvements) Projected LOSt2' Projected LOS'2' 2030 RTP `Reasonably Expected ' Revenue (MOBILITY) Scenario _ Central 1-5 Corridor Study AM (NB/SB or EB/WI3) I'M (NB/SB or EB/\i B) SR-163 Genesee Ave to Friars Rd F F F No identified improvements No identified improvements n/a n/a Friars Road to I-8 E F F I-8 to Washington F F F Washington to I-5 F F F SR-94 17°i Street to 28th Street E F F Construct HOV lanes 2030 Reasonably Expected Improvements A/C D/B 28th Street to 1-15 E F F Construct HOV lanes 2030 Reasonably Expected Improvements A/C D/B 1-15 to 1-805 F F F Construct HOV lams _ 2030 Reasonably Expected Improvements A/E C/C 1-805 to Euclid Avenue F F F Construct HOV lades 2030 Reasonably Expected IMprovements A/E E/C Euclid Ave to College Ave F F F Construct HOV lanes 2030 Reasonably Expected Improvements BIE D/C College Avenue to F F F Construct HOV lands 2030 Reasonably Expected Improvements B/D D/C 1-15 1-805 to SR-94 C E F Construct HOY lanes; construct new S-W & E-N HOV connectors at SR-94 2030 Reasonably Expected Improvements B/B C/B Notes: (I) Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. Table E.6 Freeway Deficiency Plan Recommended Improvement Phasing Plan Route 1-5 Limits Sea World Drive to I-8 Recommended 2030 RIP "Reasonably Expected" p ��� Revenue (MOBILITY) Scenario Improvements( Construct 2 HOV lanes Recommended Timeframe Implementation Year 2015-2020 X !21 ) 2010-2014 2020.2030 Construct new E-N and S-W freeway connectors at 1-8 X 1-8 to Washington Construct 2 HOV lanes X Washington to Laurel Construct 2 HOV lanes X Laurel to SR-163 Construct 2 HOV lanes X SR-163 to SR-94 Construct 2 HOV lanes X SR-94 to Imperial Construct 2 HOV lanes X Imperial to Crosby Construct 2 HOV lanes X Crosby to 28'1' Street Construct 2 HOV lanes X 28th Street to 1-15 Construct 2 HOV lanes X I-15 to 16`h Street Construct 2 HOV lanes X 16th Street to SR-54 Construct 2 HOV lanes X SR-163 Genesee Ave to Friars Rd No improvements recommended (3) (3) (3) Friars Road to 1-8 1-8 to Washington Washington to 1-5 SR-94 17°1 Street to 28`11 Street Construct 2 HOV lanes X 28th Street to I-15 Construct 2 HOV lanes X I-15 to I-805 Construct 2 HOV lanes X I-805 to Euclid Avenue Construct 2 HOV lanes X Euclid Ave to College Ave Construct 2 HOV lanes X College Avenue to Massachusetts Avenue Construct 2 HOV lanes X I-15 1-805 to SR-94 Construct 2 HOV lanes X Construct new S-W & E-N HOV connectors at SR-94 X Notes: m (2) (3) Source: URS, March 6, 2003. For other recommended improvements listed in Tables E.3 and E.5 and not included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, Section 6.0 of the Central 1-5 Corridor Study Draft Final Report dated November 2002 contains details related to the `Implementation Process" and "Phasing Concept." Recommended implementation timeframe derived from the Final 2030 RTP `Reasonably Expected" Revenue (MOBILITY) Scenario, March 2003. No implementation timeframe for the improvements to SR-163 has been included and no widening is recommended. 1.0 Introduction and Setting Preparation of this Freeway Deficiency Plan was triggered as a requirement of the Final Subsequent Environmental Impact Report (SEIR) for the Ballpark and Ancillary Development Projects and Associated Plan Amendments, dated October 26, 1999. The planned Ballpark and Ancillary Development Projects are located in the East Village area of downtown San Diego. The proposed activities are to be located in an area roughly bounded by Sixth Avenue, Market Street, Interstate 5, and Commercial Avenue/Harbor Drive. The proposed construction consists of two basic components. The first, the Ballpark Project, is composed of a new ballpark and related retail, entertainment center, and parking facilities. The second component, the Ancillary Development Projects, consist of facilities around the Ballpark Project, including hotels, office, research and development, residential, and retail. For the Ballpark and Ancillary Development Projects traffic analysis, both non-event and event conditions were analyzed to determine resulting impacts. This FDP focuses on the non-event condition because event conditions would not occur on a regular daily basis, and the City of San Diego is developing a formal Event Transportation Management Plan (ETMP) to address the traffic generated by special events. 1.1 Basis for Freeway Deficiency Plan As described in the SEIR, Mitigation Measures 13.1-5 and 13.1-6 of the Mitigation Monitoring and Reporting Program for the Ballpark and Ancillary Development Projects and Associated Plan Amendments require the following: 13.1-5 Caltrans, San Diego Association of Governments (SANDAG), and the City of San Diego shall prepare a FDP which identifies both near -term and long-term capacity improvements and programs to improve the freeway system serving Centre City. Possible improvements may include: • Enhanced alternate mode service and facilities (e.g., trolley, express bus, bicycle, and pedestrian); • Enhanced Transportation Demand Management •(TDM) measures to reduce peak hour congestion, such as carpooling, vanpooling, parking restrictions, staggered work hours, and telecommuting; • Increased carrying capacity on I-5, SR-94, and I-15; • Improved/reconfigured freeway on -ramps and off -ramps; and • Modifying peak hour flow rates at freeway ramp meters, in conjunction with increased mainline capacity, to maximize egress from surface streets connecting to freeway on -ramps. 21 13.1-6 Improvements and programs identified in the FDP shall be carried out in accordance with the implementation program included as part of the Plan. In addition to this mitigation requirement from the SEIR, this FDP satisfies another requirement imposed by the State of California Congestion Management Program (CMP). In the San Diego region, all freeway facilities are included in the identified CMP network. The CMP established LOS "E" as the standard for freeways in the CMP roadway system, except for segments that were at LOS "F" in 1991 CMP base year. In those cases, LOS "F" would be the standard for those segments. For new segments added after the 1991 base year LOS was established, the standard shall be LOS "B" The LOS is measured as the highest peak hour (AM or PM) in the heaviest travel direction. In the CMP, a deficiency plan is required whenever a freeway segment on the CMP system fails to meet the CMP Level of Service (LOS) standard and is designated as a "deficient segment" after allowing for certain statutory exclusions. Further, roadway segments designated as "deficient segments" should be grouped into common sub -areas or corridors based upon the following criteria: • The segments are contiguous or share a common CMP route ® The segments are grouped near intersecting CMP routes • The segments are included in a previously defined study area. In conjunction with Caltrans and SANDAG, the City of San Diego recommended the facilities to be included in this FDP. The detailed impact analysis conducted in the Traffic Analysis for the Ballpark and Ancillary Development Projects analyzed and recommended necessary mitigation for local roadways, CMP arterial routes, and freeway interchanges. The preparation of a separate FDP was necessary due to the complexity of the process required to analyze freeway operations and develop appropriate improvement strategies. Thus the analysis summarized in this 1-DP relates only to the major CMP freeway routes. The segments included within this FDP are I-5 between Sea World Drive and SR-54, SR-163 between Genesee Avenue and 1-5, SR-94 between 17th Street and Massachusetts Avenue, and 1-15 between 1-805 and SR-94. Figure 1.1 highlights the freeway corridors included in this PUP, along with key study area activity centers and adjacent community planning areas. 22 E'? Central FIGURE 1-1 STUDY AREA MAP 23 To accomplish the SEW mitigation requirement to prepare an FDP, SANDAG and the City of San Diego included the development of this plan as a scope element within the Work Program established for the Central I-5 Corridor Study. The Central I-5 Corridor Study was conducted under the direction of SANDAG and Caltrans, with participation by the Centre City Development Corporation (CCDC), the Metropolitan Transit Development Board (MTDB), the San Diego Unified Port District, the San Diego County Regional Airport Authority, and the cities of San Diego, National City and Chula Vista. The primary issues that led to initiation of the Central I-5 Corridor Study were related to access and mobility and the desire to enhance the economic vitality of the Corridor and the region as a whole. The purpose of this study was to identify short- range and long-range actions to reduce traffic congestion on freeways, interchanges, and arterials that provide regional access to Centre City and other corridor activity centers, including San Diego International Airport (SDIA), the San Diego Unified Port District marine terminals at 10t Avenue in San Diego and 24th Street in National City, and the Old Town Transit Center. As a component of the Central I-5 Corridor Study work program, this FDP was prepared under the direction of Caltrans, the City of San Diego, and SANDAG. The FDP is based in large part upon the analysis in the Central I-15 Corridor Study. It should be noted that sections of SR-94 east of Euclid Avenue were identified as impacted in the Ballpark SEIR. While the Central I-5 Corridor Study did not address these freeway segments, the Mobility 2030 RTP does include new HOV lanes to improve the levels of service in these areas. In addition, SANDAG will prepare deficiency plans for many of the region's freeway corridors, including all of SR-94. The results of the Ballpark and Ancillary Projects impact analysis, as well as applicable results from the Central I-5 Corridor Study, are discussed in the following sections. 1.2 Multi -Jurisdictional Participation The FDP is based in large part upon the analysis in the Central I-15 Corridor Study and was prepared under the direction of SANDAG and Caltrans, with key participation by the cities of San Diego and National City. A Policy Committee, composed of staff and elected officials from local agencies and jurisdictions, met at key points during the Central I-5 Corridor Study process to provide direction and guidance. Meetings with technical staff from the agencies and jurisdictions also were convened at periodic points in the study process to review analysis findings at a more technical level of detail. As part of the 1-DP review process, the cities of San Diego and National City must approve the contents and recommendations of the plan. Ultimately, this 1-DP must be accepted by SANDAG, acting as the Congestion Management Agency (CMA) for the San Diego region. The SEIR has stipulated that the FDP be accepted by the SANDAG Board prior to the issuance of the certificate of occupancy for the Ballpark. 25 1.3 Report Organization Section 1, Introduction and Setting, describes the project and related study area. Section 2, Deficiency Analysis, provides a summary of the causes, sources, and magnitude of identified impacts. Section 3, Screening of Actions, discusses improvement alternatives to address the identified impacts and maintain minimum level of service requirements, including strategies to enhance multimodal travel and improve air quality in the study area. An estimate of costs for each action is also provided. Section 4, Evaluation of Suitable Impacts, assesses the effectiveness of the proposed actions to remedy the identified deficiencies and improve both level of service and air quality within the study area. Section 5, Action Plan, provides a detailed action plan and schedule for implementation of improvement alternatives discussed in Sections 3 and 4. 2.0 Deficiency Analysis 2.1 Freeway Segment Level of Service Definition The analysis of freeway segment Level of Service is based upon the procedure developed by. Caltrans District 11, which incorporates methods described in the 1965 Highway Capacity Manual. The procedure for calculating freeway level of service involves the estimation of a peak hour volume to capacity (v/c) ratio. Peak hour volumes are estimated based upon the application, of peak hour, directional, and truck factors to Average Daily Traffic (ADT) volumes. The resulting v/c ratio is then compared to accepted ranges of v/c ratio values corresponding to the various levels of service for each facility classification, as shown in Table 2.1. The corresponding level of service represents as an approximation of existing or anticipated future freeway operating conditions in the peak direction of travel during the peak hour. Level of service E or better is considered an acceptable threshold in determining impacts on the regional freeway system. 26 TABLE 2.1 Caltrans District 11 Freeway Segment Level of Service Definitions LOS V/C Congestion/Delay Traffic Description (Used for freeways, expressways, and conventional highways) A <0.41 None Free flow. B 0.42-0.62 None Free to stable flow, light to moderate volumes. C 0.63-0.80 None to minimal Stable flow, moderate volumes, freedom to maneuver noticeably restricted. D 0.81-0.92 Minimal to substantial Approaches unstable flow, heavy volumes, very limited freedom to maneuver. E 0.93-1.00 Significant Extremely unstable flow, maneuverability and psychological comfort extremely poor. (Used for conventional highways) F >1.00 Considerable Forced or breakdown flow. Delay measured in average travel speed (MPH). Signalized segments experience delay >60.0 seconds/vehicle. (Used for freeways and expressways) F(0) 1.01-1.25 Considerable 0-1 hour delay Forced flow, heavy congestion, long queues form behind breakdown points, stop and go. F(1) 1.26-1.35 Severe 1-2 hour delay Very heavy congestion, very long queues. F(2) 1.36-1.45 Very Severe 2-3 hour delay Extremely heavy congestion, longer queues, more numerous breakdown points, longer stop periods. F(3) >1.46 Extremely Severe 3+ hours of delay Gridlock. 27 2.2 Significance Criteria As previously discussed, this FDP is being prepared not only to address Ballpark and Ancillary Development Project impacts, but also to fulfill a requirement of the CMP. Therefore, a deficient freeway segment is included in the FDP because either; 1. The segment has been identified in a Large Project Traffic Analysis (i.e., San Diego Ballpark and Ancillary Development Projects and Associated Plan Amendments SEIR dated October 26, 1999) as experiencing a significant impact due to the project. For the purposes of this FDP, this means that the traffic analysis for the Ballpark Project SEW found the segment to be impacted by the project under either opening year (2002) or buildout non-event conditions; or 2. The segment has an existing, LOS deficiency - i.e., LOS "F." SANDAG has identified any freeway segments that currently operate at LOS "F," and these segments are shaded in the column titled "Year 1999 CMP LOS." A separate set of significance criteria was utilized for each condition, as follows. 1. To determine deficiencies related to the Ballpark and Ancillary Development Projects, two levels of analysis were conducted. The first analysis was on a focused study area consisting of I-5 between I-8 and 28`h Street, SR-163 between I-8 and I-5, and SR-94 between I-15 and 17th Street. For this focused study area, deficiencies were based upon the City of San Diego's Traffic Impact Study Manual (TISM). For any freeway segment affected by the Ballpark and Ancillary Development Projects, the impact is considered significant under either near -term 2002 or buildout conditions if the Ballpark and Ancillary Development Projects would increase the v/c ratio by more than 0.02. A secondary analysis was conducted within an expanded study area of influence to ensure identification of all potential CMP impacts. Using information generated by the regional transportation model, SANDAG provided a supplemental listing of all freeway segments to which the Ballpark and Ancillary Development Projects contributed to more than 2,400 vehicles per day, as stipulated by the CMP criteria. Any such additional segments would be considered impacted by the Ballpark and Ancillary Development Project. This prompted expansion of the study area to include segments of I-5 between Sea World Drive and I-8, I-5 between 28th Street and SR-54, SR-163 between Genesee Avenue and I-8, SR-94 between I-15 and Massachusetts Avenue, and I-15 between SR-94 and I-805. These additional segments were considered impacted if operating at LOS "F" with the addition of project traffic, 2. For the entire 1-DP study area, deficient segments were those that failed to meet the CMP Level of Service (LOS) standard of "E," after allowing for certain statutory exclusions. 28 2.3 Summary of Identified Deficiencies and Impacts Table 2.2 lists each individual "deficient" freeway segment included in the FDP study area. This table also identifies the jurisdictional location of each FDP study segment. As shown in Table 2.2, every freeway segment included in this FDP is projected to operate at LOS "F" in either the near term or buildout time frames. The table also indicates that a number of segments are triggered separately by each of the two criteria. The following discussion details the criteria that triggered each impacted segment. TABLE 2.2 Summary of Existing and Future LOS Conditions Route 1-5 Linuts Sea World Drive to 1-8 Juri,diction City of San Diego Year 1999 OJT LOS(t' E Opening Year Non -Event _ Buildout Non - LAent Projected LOS''' F Projected LOS' 2' F 1-8 to Washington City of San Diego E F F Washington to Laurel City of San Diego E F F Laurel to SR-163 City of San Diego F F F SR-I63 to SR-94 City of San Diego F E F SR-94 to Imperial City of San Diego F F F Imperial to Crosby City of San Diego F E F Crosby to 28'" Street City of San Diego E D F 28"i Street to 1-15 City of San Diego F F F 1-15 to 16'" Street City of San Diego/ National City F F F l6'" Street to SR-54 National City F F F SR-163 Genesee Avenue to Friars Road City of San Diego F F F Friars Road to 1-8 City of San Diego E F F 1-8 to Washington City of San Diego F F F Washington to 1-5 City of San Diego F F F SR-94 17'" Street to 28h Street City of San Diego E F F 28'h Street to 1-15 City of San Diego E F F I-I5 to I-805 City of San Diego F F F 1-805 to Euclid Avenue City of San Diego F F F Euclid Avenue to College Avenue City of San Diego/ Lemon Grove F F F College Avenue to Massachusetts Avenue Lemon Grove/ La Mesa F F F I-15 1-805 to SR-94 City of San Diego C E F Source: URS, March 6, 2003. Notes: o' Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. 29 Ballpark and Ancillary Development Project Segment Impacts For the focused study area, comparison of traffic conditions under both with and without Ballpark and Ancillary Development Projects scenarios for both near -term and cumulative buildout conditions provided the basis for identification of both direct and cumulative impacts. As indicated in Table 2.3, the following freeway segments would operate at unacceptable Level of Service F under 2002 without Ballpark and Ancillary Development Projects conditions: • I-5 between I-8 and Washington Street; • I-5 between Washington Street and Laurel Street; • I-5 between Laurel Street and SR-163; • I-5 between SR-94 and Imperial; • SR-163 between I-8 and Washington Street; • SR-163 between Washington Street and I-5; • SR-94 between I-15 and 28th Street; and • SR-94 between 28th Street and 17th Street. 30 As indicated in Table 2.3, the addition of traffic generated by the Ballpark and Ancillary Development Projects would not result in any additional freeway segments degrading to Level of Service F in 2002. However, the following freeway segments would experience an increase in v/c ratio in excess of the 0.02 standard established by the City of San Diego and Caltrans: • SR-163 between Washington Street and I-5; • SR-94 between I-15 and 28th Street; and • SR-94 between 28th Street and 17th Street. Based upon the significance criteria, these segments would experience a significant "direct" impact as a result of implementation of the Ballpark and Ancillary Development Projects. TABLE 2.3 Summary of Year 2002 Freeway Analyses (Non -Event) Ballpark and Ancillary Development Project Focused Study Area Route Limits # Lanes by Direction 2002 Without Projects 2002 With Projects Significant Project Impact") Type of Impact") ADT V/C [L OS] ADT V/C [L OS] 1-5 1-8 to Washington 5 190,800 1.08[F(0)] 192,900 1.09[F(0)] No N/A Washington to Laurel 5 198,000 1.08[F(0)] 206,600 1.10[F(0)] No N/A Laurel to SR-163 5 203,000 l.11 [F(0)] 206,400 1.13[F(0)] No N/A SR-I63 to SR-94 6 194,200 0.98[E] 195,900 0.99[E] No N/A SR-94 to Imperial 5 194,200 1.09[F(0)] 195,600 1.10[F(0)] No N/A Imperial to Crosby 5 181,200 0.95[E] 184,100 0.96[E] No N/A Crosby to 5 167,700 0.88[D] 169,800 0.89[D] No N/A SR-163 1-8 to Washington 4 178,800 1.36[F(2)] 181,300 1.38[F(2)] No N/A Washington to 1-5 2 110,200 I.25[F(0)] 113,500 I.28[F(1)] Yest't Direct SR-94 1-15 to 28th Street 4 139,600 1.02[F(0)] 148,100 1.08[F(0)] Yes(2) Direct 28" Street to 17'" Street 4 127,100 1.16[F(0)] 136,100 l.25[F(0)] Yest'' Direct Notes: N/A Not Applicable. (n Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. t'' "Yes" indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in a significant direct impact related to the Ballpark and Ancillary Development Projects under the near -term 2002 timeframe. Source: BRW, Inc., April 1999. 31 As shown in Table 2.4, each of the analyzed freeway segments would operate at unacceptable Level of Service F in the cumulative buildout timeframe, both without and with the Ballpark and Ancillary Development Projects. The section of SR-94 between 28th Street and 17th Street would experience an increase in v/c ratio of 0.04 with the addition of trips related to the Ballpark and Ancillary Development Projects. This exceeds the threshold (0.02) established by the City of San Diego and Caltrans, and is categorized as a significant "cumulative" impact since it is not expected to occur until the cumulative buildout timeframe. No additional freeway segments would experience significant impacts in the cumulative buildout timeframe. TABLE 2.4 Summary of Cumulative Buildout Conditions Freeway Analyses (Non -Event) Ballpark and Ancillary Development Project Focused Study Area Route Limits # Lanes by Direction Buildout Without Projects Buildout With Projects V/C [LOST Significant Project Impact(�t Type of Impact ADT V/C [LOS] ADT 1-5 1-8 to Washington 5 235,900 134[F(l)] 236,000 1.34[F(I)] No N/A Washington to Laurel 5 238,000 1.30[F(I)] 238,000 1.30[F(1)] No N/A Laurel to SR-163 5 248,000 1.36F[(2)] 248,000 1.36[F(2)] No N/A SR-163 to SR-94 6 227,200 1.15[F(0)] 228,200 1.15[F(0)] No N/A SR-94to Imperial 5 227,100 1.28[F(1)] 228,500 1.29[F(1)] No N/A Imperial to Crosby 5 217,000 1.14[F(0)] 217,000 1.14[F(0)] No :1N/A Crosby to 28th Street 5 202,100 1.06[F(0)] 203,300 1.06[F(0)] No N/A SR-I63 1-8 to Washington 4 225,200 L71[F(3)] 226,500 1.72[F(3)] No N/A Washington to 1-5 2 152,000 1.72[F(3)] 153,900 1.74[F(3)] No N/A SR-94 1-15to28hStreet 4 183,800 1.35[F(I)] 187,200 1.37[F(2)] No N/A 28ib Street to 17th Street 4 168,200 1.54[F(3)] 172,200 L58[F(3)] Yes(2) Cumulative Notes: N/A (I) (21 Source: BRW, Inc., April 1999. Not Applicable. Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. "Yes" indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in a significant cumulative impact under the long-term, cumulative buildout conditions. 32 Table 2.5 indicates the additional freeway segments in the secondary study area that would exceed the CMP threshold, along with a summary of the significance and type of impact based upon significance criteria discussed in section 2.2. TABLE 2.5 Summary of Expanded Analysis of CMP Impact on the Regional Freeway System Near -Term (2002) and Cumulative Buildout Conditions (Non -Event) Ballpark and Ancillary Development Projects Route Limits 2002 Project Traffic Exceeds CMP Criteria to Cumulative Project Traffic Exceeds CMP Criteria (I) Significant Project Impactar Type of Impact° 1-5 1-8 to Sea World Drive Yes No Yes Direct 281° Street to 1-15 Yes No Yes Direct 1-I5 to 16'" Street Yes No Yes Direct 16'" Street to SR-54 Yes No Yes Direct SR-163 1-8 to Friars Road Yes No Yes Direct Friars Rd to Genesee Ave Yes No Yes Direct SR-94 1-15 to 1-805 Yes Yes Yes Both 1-805 to Euclid Ave Yes Yes Yes Both Euclid Ave to College Ave Yes Yes Yes Both College to Massachusetts Yes No Yes Direct 1-15 1-805 to SR-94 Yes Yes - Yes Both Notes: Based upon SANDAG 1996-2000 Regional Transportation Plan. t" Daily project traffic exceeds CMP threshold of 2,400 two-way daily trips. t'' Ballpark and Ancillary Development Projects Significance Criteria presented in Section 2.2. Direct Indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would `>¢ result in a significant direct impact under the 2002 conditions. Both Indicates that the addition of traffic generated by the Ballpark and Ancillary Development Projects would result in both a significant direct impact under the 2002 conditions and a significant cumulative impact under the cumulative buildout conditions. Source: BRW, Inc., May 1999. 33 Non -Event Conditions, Comparison of Identified Deficiencies The deficiencies identified for near -term 2002 and long-term cumulative buildout conditions are further supported by findings of the Central Interstate 5 Corridor Study. Figures 2.1 and 2.2 illustrate existing deficiencies (year 2000) identified by the Central I-5 Corridor Study for the AM and PM peak hours, respectively. As illustrated in these figures, areas of existing peak hour moderate and severe congestion are comparable to those cited by the Ballpark and Ancillary Development Projects analysis of 2002 conditions. Year 2020 conditions also were analyzed in the Central I-5 Corridor Study. Figures 2.3 and 2.4 illustrate the findings of the deficiency analysis. These findings also are consistent with those of the analysis for the Ballpark and Ancillary Development Projects. 34 I 11.1r .4" a;4! ,V4 --'77-t°-'9•113koct 1-5 Congested Links NA Northbound Moderate Congestion (35-53 MPH) Severe Congestion (<35 MPH) Sourver exernms Speed Data Fall. 1000. Other 1-5 Corridor Congestion /Noe Freeway AC CC-1G Related Congestion Primary Causes of 1-5 Congestion = Capacity Constrained Segments = Ramp Junction Conflicts 1AS_, = Deficient Weave Ramp Spacing = Ramp / Intersection Queuing Source. linitifURS Oesilo BeSsGmta AcialOs. August 2000. FLEA1011 OLYI, �EnlvEtw MVP FIGURE 2-1 EXISTING 1-5 CORRIDOR DEFICIENCIES AM PEAK HOUR 35 NOVEMBER', 2ESE! 1-5 Congested Links PSouthbound a��me Moderate Congestion (35-53 MPH ) Severe Congestion (<35 MPH) IPIII Northbound Moderate Congestion (30-53 MPH ) Source: Caltrans Speed Data Fall, 1999 Other 1-5 Corridor Congestion /t" Freeway Access Related Congestion Primary Causes of 1-5 Congestion = Capacity Constrained Segments = Ramp Junction Conflicts rISS = Deficient Weave! Ramp Spacing = Ramp / Intersection Queuing Sourca • DPW/ORS Uzripn Oe0cieneV Aruitais, August 20aa. lsent+rclR`ar`06 tt PUS t= FIGURE 2-2 EX(STIIING 1-5 CORRIDOR DEFICIENCIES PM PEAK HOUR 37 NOVEMBER 2902 I Direction of Flow ..... ...... .. 411019,kgf AM Peak Hour Freeway Segment Failures (LOS F) NB = Northbound SB = Southbound WEI= Westbuond EB = Eastbound Study Area Freeway Facilities Study Area Arterial Segments Primary Causes of 1-5 Congestion W / S Capacity Constrained Segments Ramp Junction Conflicts Deficient Weave/Ramp Spacing Ramp/Intersection Queuing OFfl Ine,84ttnter, WO, FIGURE 2-3 39 FUTURE YEAR 2020 CONDITIONS 1-5 FREEWAY DEFICIENCIES AM PEAK HOUR NOVEMBER 2002 PM Peak Wes Freeway Segment Failures (LOS F) DirectionNB= Nontildbantad SB=-Sbuthb77,, of FlowFPUB=Weseettind EB=Eastbound Study Area Freeway Facilities Study Area MenSegments Primary Causes et C:ongestion C Capacity COBStaiined Segments L R 1 Ramp Junction Contflitts WIS Deficient Weeee/Rarop Spacing Ramp/intersection Queuing 41 FIGURE 2-4 FUTURE YEAR 2020 CONDITIONS 1-5 FREEWAY DEFICIENCIES P. PEAK HOUR NOVEMei 2402 2.4 Causes of Freeway Deficiencies As documented in the Central I-5 Corridor Study, existing and future year freeway deficiencies are a function of high levels of travel demand coupled with limited freeway capacity and outdated and/or substandard freeway geometries. Corridor Travel Demands Travel demands are a result of population and employment growth, both within the corridor and throughout the region. Table 2.6 displays existing year 2000 and forecast year 2020 population and employment projections for the study corridor and the region as a whole. Population Employment Table 2.6 Regional and Central I-5 Corridor Population and Employment Projections Existing 274,560 2,946,550 2020 363,600 3,853,300 Corridor 32.4% Region !, 30.8% 236,510 1,171,000 266,070 1,485,400 12.5% 26.8% Source: SANDAG, Series 9, September 2001. As shown, population in the study corridor is projected to increase over existing levels by 32.4 percent by the year 2020. In addition, corridor employment is projected to increase 12.5 percent over existing levels by the year 2020. Table 2.7 displays the growth of office, retail, and housing within the Centre City, one of the primary focal points of growth in the Central I-5 Corridor. Table 2.7 Centre City Growth Projections Development Type 2000 Amount 2020 Amount % Increase Over Existing Office (square feet) 11.8 million 18.1 million 52.8% Retail (square feet) 4.4 million 4.7 million 6.8% Housing Units 6,600 28,600 333.3% Source: SANDAG, CCDC, September2001. 43 As shown, Centre City office space is projected to increase by 52.8 percent by the year 2020, with projected retail space in the Centre City increasing by 6.8 percent. The projected increase in Centre City housing units is very significant, from 6,600 units to 28,600 units by 2020, representing over a three -fold increase over the 20-year timeframe. This increase in Centre City housing units will be beneficial by reducing trip lengths and the number of work trips commuting from outside the corridor. Table 2.8 displays the projected number of person trips (work and non -work purposes) for the existing year 2000 and the forecast year 2020, along with the percentage growth over existing year 2000 levels. Table 2.8 Daily Person Trips Central I-5 Corridor Purpose Existing 2000 Daily Corridor Person Trips 2020 Daily Corridor ° Person Trips % Increase' 2000-2020 Work 351,800 409,200 16.4% Non -Work 2,625,500 3,147,200 20.0% Total 2,977,300 3,556,400 19.5% Source: SANDAG, August 2001. As shown, approximately 3.0 million trips currently take place in the corridor on a daily basis. By the year 2020, the number of trips will increase by 20 percent to 3.6 million. As expected, the vast majority of these trips have either an origin or destination within the corridor, with approximately 25 percent of the trips focused on the Centre City area. Less than 10 percent of the corridor's trips are through trips or trips just passing through the corridor between SR-54 and I-8. The I-5 freeway provides the primary regional access to the corridor's major activity centers, including Centre City, the airport, Old Town, and the marine terminals at Tenth Avenue and National City. The 1-5 freeway also is a major connecting route to regional freeways, including SR-54, I-15, SR-94, SR-163, and I-8. 44 Freeway Congestion In addition to the impacts associated with the population, employment, and development growth discussed above, congestion along the various freeway segments within the study area is generally a factor of the following: 1. Areas of capacity constraint wherein traffic flows exceed the carrying capacity of the freeway, as depicted by volume/capacity (v/c) relationships. The resulting high traffic densities restrict traffic flows, limit the ability to change lanes, and result in degraded travel speeds. Locations where capacity is reduced due to lane drops and termination of auxiliary lanes can be particular problems. 2. Merge and diverge conflicts at ramp junctions. At ramps, heavy volumes of merging vehicles entering the freeway traffic flows can create turbulence in the traffic flows. Approaching freeway vehicles must often shift lanes to the left to avoid this turbulence. Diverging vehicles at exit ramps also create turbulence, as exiting vehicles move right and through vehicles move left to avoid potential turbulence. 3. Deficient spacing between entry and exit ramps and corresponding poor weave section operations. The various weave merge and diverge movements cause "turbulence," which constrain traffic flow. Overall PM peak hour traffic flows on the I-5 freeway facility are constrained in the southbound direction generally between Pacific Highway in the north and SR-54 to the south. Major bottlenecks in the "S curve" through the downtown area occur due to merging and diverging traffic and heavy traffic flows to the South Bay. 'In a similar manner during the AM peak hour, northbound congestion occurs due to heavy traffic flows out of the South Bay and various conflicts with merging and weaving traffic. 3.0 Screening of Actions Once the FDP deficient freeway segments were identified, it was necessary to identify a freeway improvement concept to mitigate the capacity and operational deficiencies of each segment. The improvement concept for the deficient freeway segments was derived fromone of three sources: 1. Improvements contained in the 2030 Regional Transportation Plan (RTP) "Reasonably Expected" Revenue (MOBILITY) Scenario. 2. Additional improvement projects recommended in the Central I-5 Corridor Study. 3. Other "Improvements to Achieve Minimum LOS E". Unlike "Reasonably Expected" improvements, these long-term projects are not included in the 2030 RTP and are unfunded at the present time. The FDP also includes operational and non highway improvements which are discussed in a following section. 45 3.1 Summary of Improvement Alternatives from 2030 RTP The San Diego Association of Governments' 2030 Regional Transportation Plan (RTP) was reviewed to identify improvement options for the deficiencies identified on I-5, I-15, SR-163, and SR-94. Various transportation network scenarios were evaluated in conjunction with the 2030 RTP. The first consisted of a Baseline Network that included only projects that are currently fully funded or have environmental clearance. None of these projects fall within the limits of the FDP study area. A second scenario, the $30 billion Revenue Constrained Network, also included the implementation of some of the planned Managed/HOV lanes and corridor widening projects. This plan includes the following revenue constrained improvement projects within the FDP study area: Facility Limits Existing Improvements 8F + 2HOV I-15 SR-94 to SR-163 6F/8F I-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors SR-94 I-5 to 1-15 8F 8F + 2HOV I-5 SR-54 to I-8 8F Operational A third $42 billion "Reasonably Expected" Revenue (Mobility) scenario includes full implementation of the entire planned Managed/HOV Lane network. This network includes the following reasonably expected revenue improvement projects in the 1-DP study area: Facility Limits Existing Improvements I-5 SR-54 to 1-8 8F 8F + 2HOV I-15 SR-94 to SR-163 6F/8F 8F + 2HOV SR-94 I-5 to I-15 6F/8F 8F + 2HOV I-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors I-5 At I-8 n/a New east -to -north and south - to -west freeway connectors 46 Finally, a $66 billion Unconstrained Revenue scenario identifies the funding needed to fully implement all of the services, programs, and projects envisioned by 2030. This network includes the following improvement projects in the FDP study area: Facility Limits Existing Improvements I-5 SR-54 to I-15 8F 10F + 2HOV I-5 I-15 to I-8 8F 8F + 2HOV I-5 I-8 to I-805 8F 10F + 2HOV I-15 I-5 to SR-163 6F/8F 8F + 2HOV SR-94 I-5 to I-805 6F/8F 8F + 2HOV I-5 At SR-54 n/a New west -to -south, north- east, south -to -east, and west - to -north HOV connectors I-5 At SR-94 n/a New west -to -south, north- east, south -to -east, and west - to -north HOV connectors I-15 At I-805 n/a New north -to -north and south -to -south HOV connectors 1-15 At SR-94 n/a New south -to -west and east - to -north HOV connectors I-5 At SR-94 n/a New north -to -east freeway connectors I-5 At 1-8 n/a New east -to -north and south - to -west freeway connectors Improvements included in the "Reasonably Expected" Revenue (Mobility) network scenario were carried forward for purposes of this FDP analysis, based upon direction from SANDAG. 47 3,2 Summary of Improvement Alternatives from I-5 Corridor Study The Central Interstate 5 Corridor Study evaluated a series of Corridor System Improvement concepts that would be applicable in alleviating the identified deficiencies, as discussed in Section 2.3. These improvement concepts consisted of both access and mobility components. The access component focused on ground access improvements to the San Diego International Airport (Lindbergh Field), the Old Town Transit Center, and the Port of San Diego marine terminals at l0`h Avenue and National City. The mobility component was comprised of a range of options including Transit/TSMJTDM alternatives, enhanced parallel arterials, and increased freeway capacity. The following provides a summary of the various improvement alternatives. A detailed discussion of each of the alternatives is provided in the Final Report for the Central Interstate 5 Corridor Study. Airport Ground Access Improvements Five improvement concept alternatives were included for analysis in the Central I-5 Corridor Study. These alternatives included new interchanges and/or ramps at (A) Laurel Street, (B) Pacific Highway viaduct, (C) Old Town/Barnett, (D) I-5/I-8 to Pacific Highway, and (E) North Pacific Highway. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, the following airport access improvement scheme was recommended for consideration: • Provide new ramps from I-5 to Pacific Highway to improve access to the north side of the airport to/from the north; • Provide on- and off -ramps to/from the south using the Pacific Highway viaducts to improve north side access to/from the south. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Airport Ground Access Study Final Report (July 2003). 10th Avenue Marine Terminal Ground Access Improvements Five improvement concepts were considered, each addressing the specific need for grade separation of Caesar Chavez Parkway (Crosby Street) over the freight tracks. These alternatives included (A) Freeway Connector Ramps, (B1) Caesar Chaves Parkway Flyover, (B2) Elevated Harbor Drive/Caesar Chavez Parkway Intersection, (C1) 28th Street Grade Separation, and (C2) Trolley over 28th Street. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, the following 10`h Avenue Marine Terminal access improvement scheme was recommended for consideration: 48 • Provide new ramps to northbound I-5 and from southbound I-5 at Sigsbee Street; • Construct an elevated Harbor Drive/Caesar Chavez Parkway intersection; • Provide grade separation of 28`h Street over the trolley and railroad tracks. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Marine Terminal Ground Access Study Final Report (July 2003). National City Marine Terminal Ground Access Improvements" Two improvement concepts were considered to increase the capacity for trucks going north on I-5. These alternatives included (A) Civic Center Drive Improvements and (B) 24 Street Improvements. A detailed screening and evaluation process wasconducted for each of the alternatives. As a result of this analysis, it was recommended that both alternatives be forwarded for further consideration. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003), as well as the Marine Terminal Ground Access Study Final Report (July 2003). Old Town Transit Center Ground Access Improvements Two improvement concepts were considered to improve regional freeway access to the facility. These alternatives included (A) HOVBusway Improvements and (B) I-8 Slip Ramps to Rosecrans. A detailed screening and evaluation process was conducted for each of the alternatives. As a result of this analysis, it was recommended that both alternatives be forwarded for further consideration. Details of the analysis are provided in the Central Interstate 5 Corridor Study Final Report (June 2003). Corridor Mobility Improvement Alternatives for 1-5 In the I-5 Corridor Study, several corridor mobility improvement options were identified to facilitate the separate evaluation of a number of individual improvement concepts and modes for combination into an overall corridor mobility improvement program. They ranged from low-cost signal enhancements and related TSM and TDM applications to high -cost freeway ramp modifications and widenings, as follows: 1. No-Build/Baseline — Includes all planned regional and corridor transportation improvements identified in the SANDAG 2020 Revenue Constrained RTP. 2. Baseline with Focused Access Improvements — Includes the improvements identified above in section 3.1. 49 3. Tra sit/TSM/TDM — Includes low cost roadway improvements, extensive transit improvements, and programs such as ridesharing, telecommuting, and flex -time. 4. Parallel Arterials — Includes enhanced arterial connections, improved geometrics, and improved signal operations to encourage surface street utilization. Focused on key connections to Pacific Highway and Harbor Drive, Kettner Boulevard and India Street, Center City/National Avenue/Main Street/National City Boulevard, and Market Street or Imperial Avenue. 5. Freeway Capacity Enhancements — Includes interchange enhancements, new freeway -to -freeway connectors, a Centre City collector -distributor system, freeway mainline widening, and new auxiliary lanes. The locations of the freeway capacity enhancements are depicted in Figure 3.1. Details of these corridor mobility improvement options are provided in the Central Interstate 5 Corridor Study Final Report (June 2003). Each of these mobility alternatives was modeled using the SANDAG Regional Transportation Model, the results of which allowed identification of a Composite Improvement Alternative which incorporated the preferred components. A summary of the components of the Central I-5 Corridor Study recommendations is provided in Table 3.1. 50 LEGEND INTERCHANGE ENHANCEMENT NEW FREEWAY TO FREEWAY CONNECTORS FREEWAY MAINLINE WIDENING - NEW AUXILIARY LANES FIGURE 3-1 FREEWAY ENHANCEMENT ALTERNATIVE NOVEMBER 2002 51 Improvement Component Mainline I-5 Widenings New I-5 Auxiliary lanes Old Town Transit Center Access Recommended Improvements • Widen to 10 lanes between Sea World Drive and I-15 • Widen to 12 lanes between I-I5 and SR-54** Table 3.1 Central I-5 Corridor Study Summary of Recommended Plan* Purpose/Benefit Increases capacity of I-5 mainline. Cost ($Millions) $240.0 Comments/Future Considerations Requires substantial ramp modifications to enable utilization of existing auxiliary lanes for widening. • I-5 SB from Harbor Drive to Bay Marina Drive • I-5 SB from Eighth Street to Cleveland Avenue • I-5 NB from Bay Marina Drive to Harbor Drive • I-5 NB from Seventh/Eighth Street to Division Street • I-5 NB from SB I-15 Connector to National Avenue Improves weaving distances and merge/diverge operations at ramp junctures $30.0 Pacific Highway HOV lanes/Dedicated Bus lanes between I-5 overcrossing and Laurel Street New Rosecrans Street off -ramp from I-5/1-8 interchange Improves HOV and bus access to OTTC. Improves access to OTTC from WB I-8 $26.0 $4.0 Would require widening of Pacific Highway. Possible extension into Centre City and/or to Harbor Drive for access to airport. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. ** Subsequent to the Central 1-5 Corridor Policy Committee recommendation of this improvement, the SANDAG Transportation Committee specified inclusion of HOV lanes along this section of 1-5 from Sea World Drive to SR-54. Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* Improvement Component Airport Access Recommended Improvements New I-5 on -/off -ramps between north I-5 and Pacific Highway Purpose/Benefit Improves freeway access to south terminal area os_ (SMillions) $55.0 Comments/Future Considerations Coordinate with Old Town Avenue and Washington Street I-5 interchange improvements. Modify existing Pacific Highway Viaduct to provide on -/off -ramps between south I-5 and the airport Improves freeway access to south terminal area $40.0 Geometric improvements at Laurel Street/Pacific Highway intersection Improves traffic flow between EB Laurel Street and NB Pacific $20.0 Reach mutually acceptable design for improvements. Geometric improvements at Laurel Street/Harbor Drive intersection Improves traffic flow between SB Harbor Drive and EB Laurel Street. $10.0 Reach mutually acceptable design for improvements. 10th Avenue Marine Terminal Access New I-5 on -/off -ramps between north I-5 and Harbor Drive Improves freeway access to marine terminal. $123.0 Further study of alignment alternatives required to minimize potential community impacts. Elevate Harbor Drive/Caesar Chavez Pkwy intersection to provide access over the railroad/trolley Improves access to Harbor Drive and eliminate at -grade rail crossings $15.0 Elevate Harbor Drive/28th Street intersection to provide access over the railroad/trolley Improves access to I-5/28th Street interchange and eliminate at -grade rail crossings $22.0 * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* Improvement Component National City Marine Terminal Access Recommended Improvements Civic Center Drive Widening and Intersection Improvements Purpose/Benefit Reduces impacts of truck traffic by increasing roadway capacity and improving of turn lane Cost ($Millions) $0.5 Comments/Future Considerations Bay Marina Drive Widening, Intersection and Pedestrian Access Improvements Reduces impacts of truck traffic by increasing roadway capacity, improving turn lane geometrics. $2.0 Provide for improved pedestrian access via widened sidewalks along northside of I-5 under pass. Extension of Tidelands Avenue to Harbor Drive Improves circulation and terminal access to Harbor Drive $5.0 Bay Marina Drive to SR-54 Ramp Connectors Improves geometrics and merge/weave operations between freeway interchanges. $20.5 Further review required of potential significant environmental impacts at the crossing of Sweetwater River. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* Improvement Component Recommended Improvements Reconfigure Sea World Drive Interchange Purpose/I;enefit Increases interchange capacity Cost ($MIillions) $5.0 Comments/Future Considerations 1-5 Interchange Improvements and Ramp Modifications New Connectors at I-5/1-8 Interchange with Pacific Highway Ramps ® SB 1-5 to WB I-8 • EB I-8 to NB I-5 Provides missing freeway -to -freeway connectors; Provide new connectors to/from Pacific Highway to improve connectivity $90.0 Widen ramps at 1-8/1-5 Interchange Increases ramp capacity and improves traffic operations $8.0 Reconfigure Old Town Avenue and Washington Street Interchange Improves geometries and merge/weave operations at freeway $12.0 Coordinate with new on -/off -ramps to Pacific Highway for airport access. Reconfigure First Avenue/Hawthorne Street Interchange Improves merge/weave operations at freeway interface $10.0 Northern part of the Centre City Collector -Distributor System (Fifth Avenue to SR-94) Improves geometries, eliminates short weaving distances, improves freeway operations and Centre City $177.0 Issue of potential closing of First Avenue southbound I-5 on -ramp and Cedar Street off - ramp requires further study. Southern part of Centre City Collector- Distributor System (SR-94-SR-75) Improved geometries, eliminates short weaving distances, improves freeway operations and Centre City access. $133.0 Potential right-of-way impacts and related community issues will require further study. Enhanced Transit Services Improved service frequencies along existing routes, new express bus/BRT routes, and improved station facilities Reduces roadway demands and provides expanded travel and modal opportunities To be determined by subsequent studies Consistent with 2030 Regional Transit (RTV) and MTDB Transit First studies. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. Improvement Component Enhanced Parallel Arterials Transportation System Mana'>'ment (TSM)/Travel Demand Management (TDM) Strategies Table 3.1 (continued) Central I-5 Corridor Study Summary of Recommended Plan* Recommended Improvements Improved signalization and intersection geometry along key sets of parallel arterials: • Pacific Highway and Harbor Drive • Kettner Boulevard and India Street • Centre City, National Avenue, Main Street, National City Boulevard Purpose/Benefit Enhances arterial connections. Increases utilization of surface streets for shorter trips. Provides alternative routings during freeway incidents/major congestion. Cost ($Millions) $20.0 Comments/Future Considerations Focus on signal coordination and intersection geometrics improvements only Implement Centre City TDM Programs Promotes transit, rideshare, flextime, telecommuting. Reduces peak period travel demands and increase public awareness. Varies Metering of Freeway On -Ramps Enhanced Signal Coordination Minimizes merge conflicts and impacts on mainline operations Improves traffic flow on surface streets Varies Varies Source: Central 1-5 Corridor Study Final Report June 2003, URS Corporation. * As approved by the Central I-5 Corridor Policy Committee, November 21, 2002. 4.0 Evaluation of Suitable Impacts Table 4.1 provides a summary of the identified impacted segments in the FDP study area and the corresponding improvement action. Only those projects incorporated into the RTP are recommended at this time. Some of the non-RTP projects, including the Collector/Distributor Ramp System and the I-5/SR-94 connector ramp, are listed in the plan because technical analysis identified them as means to alleviate congestion. Because of strong community objection based on potentially strong adverse impacts, neither the Collector/Distributor nor the I-5/SR-94 connector is recommended. The community also identified other potential options to relive Interstate 5, such as double -decked construction, tunnels, vertical retaining walls, and a reverse clover leaf interchange with SR-94. All such alternatives should be considered in the future planning process, where they will be subjected to environmental review, available funding and community input. 4.1 Summary of 2030 RTP Improvements Table 4.2 summarizes the deficiencies which would be addressed by improvements contained in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. This table also repeats the columns contained in Table 4.1, and adds four new columns under the heading, "2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario." The first column under this heading, "Description of Improvement" summarizes the improvement concept, if any, proposed in the RTP. The next column provides an estimated cost to implement the identified improvement. The next two columns show the resulting AM and PM peak hour LOS by direction for the year 2030 (the time horizon of the SANDAG RTP). For seven of the segments with proposed improvements, the 2030 AM and PM peak LOS is acceptable in both directions. Eight segments on I-5, however, would still experience a directional LOS "F" during at least one peak period. Four segments of SR-163 (for which no improvements are listed in this table) also operate at LOS "F." Each of the 12 "failing" segments is shaded in the appropriate columns. To achieve LOS E or better, these 12 segments on both I-5 and SR-163 would require additional improvement actions beyond those included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. 4.2 Summary of I-5 Corridor Study Improvements The analysis of the Recommended Improvement Plan for the 1-5 corridor indicates that each of the analyzed segments would operate with volume to capacity ratios of less than 1.0 with projected 2020 traffic volumes, indicating an acceptable level of service. Table 4.3 summarizes the LOS results based upon implementation of the Central I-5 Corridor Study recommended improvements between Sea World Drive and SR-54 in addition to the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario (Table 4.2). The exception is on .Interstate 5 itself, where the RTP and the Central I-5 Corridor Study both recommend adding two lanes, but with different functions. The Central I-5 Corridor Study recommended two general purpose lanes, while the RTP recommends two HOV lanes. SANDAG will conduct further analysis of the feasibility 58 and costs of HOVs in this particular corridor. In either case, the additional two lanes on I-5 shown in Table 4.2 are not repeated in Table 4.3. Table 4.3 also shows the estimated cost of each improvement project. As shown, all freeway segment deficiencies except those on SR-163 would be mitigated by improvement projects recommended in a combination of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study. 4.3 Summary of Other Improvements to Achieve Minimum LOS E Table 4.4 addresses the additional long-term improvements on SR-163. This table contains the same information found in the corresponding columns of Table 4.1, with identification of other improvements, which would result in long-term LOS of E or better. As shown, widening of SR-163 would be necessary to address the existing and projected deficiencies. It is important to note that earlier studies determined that no widening of SR-163 will occur through Balboa Park due to environmental constraints and community concerns, and there is no recommendation to widen SR-163 between I-5 and Genesee Avenue at this time. 59 Route Limits Table 4.1 Summary of Freeway Segment Deficiencies and Recommended Improvements Year 1999 CMP LOS"t Opening Year Non - Event Projected Buildnut Non -Even Recommended 2030Improvements Projected 2030 RTP "Reasonably Expeetetl'° Central 1-5 Corridor Study AM (NB/SE. Resulting Level of Service (based upon implementation of all improvements) PM (NB/SB E F F Construct two HOV lanes; new E-N and S-W freeway connectors at I-8 Reconfigure Sea World Dr interchange; new S-W and E-N connectors at I-5/1-8; widen ramps at I-5/I-8 B/C C/C I-S Sea World Drive to I-8 1-8 to Washington E F F Construct HOV lanes Reconfigure Old Town Ave & Washington St interchange; Old Town transit center access improvements C/C D/D Washington to Laurel E F F Construct HOV lanes Airport access improvements C/C D/D Laurel to SR-163 F F F Construct HOV lanes Reconfigure First Ave/ Hawthorne St interchange D/C E/D SR-I63 to SR-94 F E F Construct HOV lanes Improved Ramp System (J) E/B C/C SR-94 to Imperial F F F Construct HOV lanes Improved Ramp System tat D/B D/C Imperial to Crosby F E F Construct HOV lanes Improved Ramp System (3) D/B D/C Crosby to 28th Street E D F Construct HOV lanes D/B D/C 28'h Street to I-15 F F F Construct HOV lanes New NB auxiliary lanes from SR-I5 to National Ave & SB aux. lanes from 8'h St to Cleveland Ave E/A B/E 1-15 to 16'h Street F F F Construct HOV lanes Add 2 General Purpose lanes; new NB auxiliary lanes from Th/8'h St to Division St E/A B/D 16'h Street to SR-54 F F F Construct HOV lanes Add 2 General Purpose lanes; new NB & SB auxiliary lanes between Bay Marina Dr & Harbor Dr E/A B/D Table 4.1 (continued) Summary of Freeway Segment Deficiencies and Recommended Improvements Route SR-163 SR-94 1-15 Limits Genesee Ave to Friars Rd Friars Road to I-8 1-8 to Washington Washington to 1-5 17'h Street to 28th Street 28°i Street to I-15 1-15 to I-805 1-805 to Euclid Avenue Euclid Ave to College Ave College Avenue to Massachusetts Avenue I-805 to SR-94 Year 1999 CMP LOS"' F E F F E E F F F F Opening Year Non - Event Buildout Non -Event Projected Projected LOS`1' LOS(' F F F F F F F F F F E F F F F F F F F F F F Recommended 2030 Improvements 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario No identified improvements Construct HOV lanes Construct HOV lanes Construct HOV lanes Construct HOV lanes Construct HOV lanes Construct HOV lanes Construct HOV lanes; construct new S-W & E-N HOV connectors at SR-94 Resulting Level of Service (based upon implementation of all improvements) Central 1-5 Corridor Study No identified improvements n/a n/a n/a n/a n/a n/a n/a AM (NB/SB or EB/WB) N/A A/C A/C A/E NE B/E B/D B/B PM (NB/SB or EB/WB) N/A D/B D/B C/C EJC D/C D/C C/B Source: URS, March 6, 2003. Notes: 1° Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. (3) It is acknowledged that ramp improvements are necessary to accommodate I-5 HOV lanes through the downtown S-curve. However, the Centre City Collector -Distributor System recommended in the Central 1-5 Corridor Study requires additional analysis to identify traffic and community impacts and to evaluate other alternatives. Route 1-5 Table 4.2 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario Limits Sea World Drive to 1-8 Jurisdiction City of San Diego Year 1999 Corn LOS"' Opening Year i Buildnut Non -Event , Non -Event Projected Los' Projected LOS' 2030 RTP "Reasonably Expected" Re Time (MOBILITY) Scenario Description of Improvement Resulting Level of Service Cost ($M) AM LOS PM LOS NB/SB or B/WB NB/SI3 or EB/Wa New east -north and south-west $200 freeway connectors at 1-8 Construct 2 HOV Lanes 1-8 to Washington City of San Diego Construct 2 HOV Lanes Washington to Laurel City of San Diego E F F Construct 2 HOV Lanes Laurel to SR-163 City of San Diego F F F Construct 2 HOV Lanes SR-163 to SR-94 City of San Diego F E F Construct 2 HOV Lanes SR-94 to Imperial City of San Diego F F F Construct 2 HOV Lanes Imperial to Crosby City of San Diego F E F Construct 2 HOV Lanes Crosby to 28" Street City of San Diego E D F Construct 2 HOV Lanes 28'h Street to 1-15 City of San Diego F F F Construct 2 HOV Lanes I-15 to 16" Street City of San Diego/ National City Construct 2 HOV Lanes 16" Street to SR-54 National City F F F Construct 2 HOV Lanes UNKto C/C D/D E/C E/C E/D E/C B/F F/B D/E F/D E/F F/D C/F F/C GE F/B C/F F/B D/F F/B SR-163 SR-94 I-5 to Washington City of San Diego n/a F/F E/F. F/F Washington to 1-8 City of San Diego F F F n/a D/E E/F 1-8 to Friars Road City of San Diego E F F n/a MD B/F Friars Road to Genesee Avenue 17" Street to 28" Street City of San Diego City of San Diego F E F F F F n/a Construct 2 HOV Lanes 28" Street to 1-15 City of San Diego E F F Construct 2 HOV Lanes I to I-805 City of San Diego F F F Construct 2 HOV lanes I-805 to Euclid Avenue City of San Diego F F F Construct 2 HOV Lanes Euclid Avenue to College Avenue City of San Diego/ Lemon Grove Construct 2 HOV Lanes College Avenue to Massachusetts Avenue Lemon Grove/ La Mesa Construct 2 HOV Lanes $500 GE A/C D/F D/B A/C D/B A/E C/C A/E E/C B/E D/C B/D D/C 1-15 1-805 to SR-94 City of San Diego Construct 2 HOV Lanes $200 Construct new south-west and east- $150 north HOV connectors at SR-94 BB CB Source: SANDAG; March, 2003. Notes: (I) Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. (3) Future recommended improvements and resulting LOS conditions derived from the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, March 2003. Gray shading highlights the segments that are anticipated to remain impacted after the implementation of the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. t4" UNK: Unknown at this time. Cost estimates for constructing the 1-5 HOV lanes are not currently available. Table 4.3 Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon Central I-5 Corridor Study Route I-5 - Limits Sea World Drive to 1-8 I Jurisdiction City of San Diego Year 1999 CMP i LOS"' E Opening Year Non- Event Bui!dont Non -Event Projected LOS,a F Central 1.5 Corridor Study Recommended Cost $tii $5 Improvements"' Projected LOS' F Description of improvements Reconfigure Sea World Drive Interchange Resulting Year Service AM LOS NB/SB B/C 2020 Level of PM LOS NB/SB C/C New SB-WB and EB-NB connectors at 1-5/1-8, widen ramps at 1-5/1-8 $200 1-8 to Washington City of San Diego E F F Reconfigure Old Town Ave and Washington St interchange $12 C/C D/D Old Towne Transit Center Access Improvements $30 Washington to Laurel City of San Diego E F F Airport Access Improvements $125 C/C D/D Laurel to SR-163 City of San Diego F F F Reconfigure First Ave/Hawthorne St interchange $10 D/C E/D SR-I63 to SR-94 City of San Diego F E F Improved Ramp System t" $350* E/B C/C SR-94 to Imperial City of San Diego F F F Improved Ramp System t" $350* DIE D/C Imperial to Crosby City of San Diego F E F Improved Ramp System t" $350* D/B D/C Crosby to 28" Street City of San Diego F D F n/a D/B D/C 28ih Street to 1-15 City of San Diego E F F New NB auxiliary lanes from SB-15 to National Ave and SB auxiliary lanes from 8'1) St to Cleveland Ave $30* E/A B/E 1-15 to 16" Street City of San Diego/ National City F F F New NB auxiliary lanes from 7'1/8'1) Street to Division Street $30* E/A B/D Add 2 General Purpose Lanee $60 le Street to SR-54 National City F F F New NB & SB auxiliary lanes between Bay Marina Drive and Harbor Drive $30* E/A B/D Add 2 General Purpose Lanest't $70 Table 4.3 (continued) Summary of Freeway Deficiency Plan Analysis by Segment Proposed Improvements Based upon Central I-5 Corridor Study Route SR-163 Limits 1-5 to Washington Washington to 1-8 1-8 to Friars Road Friars Road to Genesee Avenue Jurisdiction City of San Diego City of San Diego City of San Diego City of San Diego Year 1909 CMP LOS"' F F E F Opening Year Non- Event Projected LOS`'' F F F F Buildont Non -Event Central 1-5 Corridor Study Recommended Improvements°) Projected Description of Improvements LOS", F F F F n/a n/a Cost SM n/a n/a Resulting Year 2020 Level of Service AM LOS PM LOS NB/SB NB/SB F/F D/E A/D C/E F/F E/F B/F D/F Notes: " t Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. (2) Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report, dated May 1999. of Future recommended improvements and resulting LOS conditions derived from the Central I-5 Corridor Study, dated November 2002. tot Ramp improvements are necessary to accommodate 1-5 WY lanes. The Collector -Distributor System requires additional analysis to identify traffic and community impacts. t'} The Central I-5 Corridor Study recommends widening to accommodate two additional lanes on these segments for a total of 12 lanes. * Costs provided are for entire corridor, not specific to the subject section. Source: URS, March 6, 2003. Table 4.4 Summary of Freeway Deficiency Plan Analysis for Remaining LOS "F" Segments After 2030 RTP and Central I-5 Corridor Study Improvement Route SR-I63 !Amity 1-5 to Washington Washington to 1-8 1-8 to Friars Road Friars Road to Genesee Avenue .1- risdiction City of San Diego City of San Diego City of San Diego City of San Diego Year 1999 CMP LOS"' F F F F Opening Year Non -Event Buildout Non- Event Projected LOS`r Projected LOS" F F F F F F F Concept Improvements to Achieve Minimum LOS "E" Description of Improvement Widen to 6 lanes°t Widen to 6 lanes Widen to 10 lanes Widen to 10 lanes Re .ulting Ultimate Level of Service AM E or better E or better E or better E or better PM E or better E or better E or better E or better Notes: (" Existing LOS conditions established by the SANDAG 1999 Congestion Management Program Update and based upon Year 1998 traffic data. t2' Future LOS conditions derived from the Downtown San Diego Ballpark Traffic and Parking Studies, Project Traffic Study, Final Technical Report dated May 1999. 1> Future concept improvements and resulting LOS conditions based upon requirements to achieve operating conditions of LOS "E" or better. However, due to environmental and community concems, the San Diego City Council removed any recommended improvements to SR-163 from the Ballpark Final SEIR. Source: URS, March 6, 2003 4.4 Summary of FDP Operational and Non -Highway Improvements In addition to the highway capital improvements noted on Table 4.1, the improvements derived from both the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario and the Central I-5 Corridor Study also included a comprehensive set of freeway operational improvements, in addition to an expanded focus on alternative modes and travel demand management (TDM) strategies as follows: • Mobility 2030 Regional Transit Vision (RTV) - The RTV, as a significant component of Mobility 2030, calls for a network of fast, flexible, reliable, and convenient transit services connecting the region's major employment and activity centers. The Mobility 2030 Plan includes an extensive network of managed/HOV lanes on the highway system designed to accommodate transit services as well as carpools and vanpools. The plan also includes an emphasis on demand management strategies to reduce peak period travel and to change when and how people travel. New and/or improved transit routes as identified in the RTV within the FDP study area include: a. Increase in existing Coaster service b. Increase in existing and planned Blue Line Trolley service c. Mid -Coast from Old Town to Sorrento Mesa d. Old Town to Kearny Mesa via Mission Boulevard/Balboa Avenue e. Old Town to Kearny Mesa via Linda Vista f. Coronado and Centre City to Sorrento Mesa via Hillcrest/Genesee. • Central I-5 Corridor Study — In addition to improvements on I-5, the recommended plan includes a comprehensive set of corridor improvements incorporating a variety of multi -modal options focused on improving access to key activity centers and enhancing mobility throughout the corridor, including: a. An extensive set of transit system improvements consistent with the Mobility 2030 RTV. b. Improvements to adjacent parallel arterials to facilitate more efficient utilization, including intersection enhancements and signal coordination. c. An extensive set of operational improvements, including metering of freeway on -ramps, additional auxiliary lanes, and ramp interchange enhancements to improve freeway merge and diverge movements. d. Travel demand management (TDM) strategies, including implementing a Centre City TDM program for promotion of transit, rideshare, flextime, and telecommuting. 66 5.0 Action Plan Table 5.1 provides an indication of the anticipated schedule for the phased implementation of the improvements recommended in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario. The table includes the planned HOV lanes and missing freeway to freeway connector ramps, with the timeframes shown based upon the SANDAG Mobility 2030 Plan. Details such as the phasing of the individual interchange and ramp proposals were not included in MOBILITY 2030. It is envisioned that future RTP updates will review the additionally recommended concepts from the Central I-5 Corridor Study and recommend projects for implementation based upon results of further environmental review, available funding, and input from the community. Funding and implementation of the recommended Deficiency Plan improvements will be a joint local and regional effort that will require the use of federal, state, regional, local, and private funding sources. Toward this end, the cities of San Diego and National City will: • Work with SANDAG through the RTP and Regional Transportation Improvement Program (RTIP) processes to advance and fund the recommended Deficiency Plan improvement projects. • To the extent possible and using local or private funds, consider Deficiency Plan recommendations when developing annual and multi -year capital improvement programs. ® Advocate and, to the extent possible, fund Transportation Demand Management and Transportation System Management strategies to provide interim congestion relief until longer term Deficiency Plan recommendations can be implemented. + Work with SANDAG to identify new funding sources and advocate the allocation of these funds for Deficiency Plan improvements. + Work with SANDAG to implement new congestion mitigation strategies resulting from the study currently underway to develop a Toolbox of mitigation strategies to address congestion within the San Diego region. 67 Table 5.1 Freeway Deficiency Plan Recommended Improvement Phasing Plan Route Limits Recommended 2030 RIP "Reasonably Expected" Revenue (MOBILITY) Scenario Improvements'n Recommended Implementation Timeframe (Year)`2' 2010-2014 2015-2020 2020-2030 I-5 Sea World Drive to 1-8 Construct 2 HOV lanes X Construct new E-N and S-W freeway connectors at 1-8 X 1-8 to Washington Construct 2 HOV lanes X Washington to Laurel Construct 2 HOV lanes X Laurel to SR-163 Construct 2 HOV lanes X SR-163 to SR-94 Construct 2 HOV lanes X SR-94 to Imperial Construct 2 HOV lanes X Imperial to Crosby Construct 2 HOV lanes X Crosby to 28'1i Street Construct 2 HOV lanes X 28'h Street to I-15 Construct 2 HOV lanes X I-15 to 16'1' Street Construct 2 HOV lanes X 16'1' Street to SR-54 Construct 2 HOV lanes X SR-163 I-5 to Washington No improvement recommended (3) (3) tat Washington to 1-8 I-8 to Friars Road Friars Road to Genesee SR-94 17th Street to 28'h Street Construct 2 HOV lanes X 28th Street to 1-15 Construct 2 HOV lanes X I-15 to I-805 Construct 2 HOV lanes X I-805'to Euclid Avenue Construct 2 HOV lanes X Euclid Ave to College Ave Construct 2 HOV lanes X College Avenue to Massachusetts Avenue Construct 2 HOV lanes X 1-15 I-805 to SR-94 Construct 2 HOV lanes X Construct new S-W & E-N HOV connectors at SR-94 X Source: URS March 6, 2003. Notes: (1' For other recommended improvements listed in Tables 4.1and 4.3 and not included in the 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, Section 6.0 of the Central I-5 Corridor Study Draft Final Report dated November 2002 contains details related to the "Implementation Process" and "Phasing Concept." (2) Recommended implementation timeframe derived from the Draft Final 2030 RTP "Reasonably Expected" Revenue (MOBILITY) Scenario, dated February 28, 2003. (') Due to environmental and community concerns, the San Diego City Council removed any recommended improvements to SR-163 from the Ballpark Final SEIR. Therefore, no implementation timeframe for any improvements to SR-163 has been included. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 2, 2003 AGENDA ITEM NO. 3 r''ITEM TITLE PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE SWEETWATER THEATERS BUILDING, IN SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CORNERSTONE CHURCH (CASE FILE NO.: CUP-2003- 20) PREPARED BY Roger G. Post, 36 4310 DEPARTMENT Planning EXT. EXPLANATION The project site is located at 1920 Sweetwater Road in the Sweetwater Theaters building, in the Sweetwater Town and Country shopping center. The building is located at the rear of the center adjacent to Bally's Total Fitness. Planning Commission denied the request at their October 20, 2003 meeting. The applicant has appealed that denial. The attached background report describes the item in detail. Note: Attached are new plans and project information received after completion of this report. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved Br Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Martinelli, Flores, Reynolds, Carrillo, Baca, Graham ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 36-2003 3. Possible Findings for and Conditions of Approval A-200 (tliev, 148.)ation Map 5. 6. 7. a. Site photographs Notice of Exemption Department Comments LttL, sefSuppert Absent- Pruitt Resolution Ms 9. Application 10. Applicant's Plans (Exhibit A Case File No. CUP-2003-20) BACKGROUND REPORT The project site is located at 1920 Sweetwater Road in the 24 acre Sweetwater Town and Country shopping center, which is zoned General Commercial -Planned Development (CG-PD). The 28,000 square foot Sweetwater Theaters building is located at the rear of the center adjacent to the east of Bally's Total Fitness. It is most easily accessed by the driveway from Sweetwater Road adjacent to Starbucks. The building is separated from Bally's by a large parking area. At a recent City Council meeting, November 11, 2003, Council approved a Conditional Use Permit for a private event hall in the former bowling alley building located to the west of Bally's. Nearby uses, all within the shopping center, include various restaurants to the north and Bally's Total Fitness to the west. Interstate 805/State Route 54 interchange is located both east and south of the site. The application materials submitted by the applicant indicate that Cornerstone Church, a non-profit Family Christian Center, will use the Sweetwater Theaters building for church activities. The church, which has a congregation of approximately 600 members, will hold office hours Monday through Friday from 8:00 a.m. to 5:00 p.m., and various other church activities will be held throughout the week as shown in the table below. Church Activities Day Activity Applicant's Estimated Attendance Hours Sunday Church services 600 people 7:00 a.m. to 12:00 p.m. and 5:00 p.m. to 10:00 p.m. Monday English as a Second Language Men's Study Group To be determined (TBD) 40 people 6:00 p.m. to 7:00 p.m. 7:30 p.m. to 9:00 p.m. Tuesday Fatherhood Class 25 people 4:00 p.m. to 6:00 p.m. Wednesday Church services 250 people 5:00 p.m. 10:00 p.m. Thursday Worship Team Practice (Choir) 15 people 6:00 p.m. to 8:00 p.m. Friday Youth church service 100 people 6:00 p.m. 10:00 p.m. Saturday Various Ministry Training meetings Youth Leadership Institute Worship Team Practice (Choir) TBD TBD 15 people 7:00 a.m. to 12:00 p.m. 1:00 p.m. to 3:00 p.m. 6:00 p.m. 8:00 p.m. Application materials indicate that no exterior changes, excluding signage, will be made to the existing building. Interior building improvements will make the existing spaces functional for church purposes, such as a sanctuary, and nursery/children's rooms. According to San Diego Association of Govenments' (SANDAG) "Not So Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region," movie theaters generate considerably more traffic (80 average daily trips per 1,000 square feet of floor area) than churches (9 to 36 average daily trips per 1,000 square feet of floor area). Thus, both traffic generation and on -site parking demand within the center should be reduced with the proposed change in use of the building from movie theaters to church activities. Additionally, since the building is located in an existing shopping center there is no requirement under the Land Use Code for parking for the individual use, but rather for the entire center. The center, despite its construction over 20 years ago, exceeds the current Land Use Code parking requirements for new shopping centers by over 200 parking spaces. Although the recently approved Fiesta Hall is not yet in operation, it is appropriate to consider any potential parking conflicts between it and the proposed church, since they will located near each other, and since each use has the potential to generate a significant demand for parking. In examining the hours of operation of the church, the greatest parking demand that it is likely to create is on Sunday. The demand should be spread throughout the day. Fiesta Hall should generate the greatest need for parking on Friday and Saturday evenings, the most popular evenings for large events according to the business owners. Thus, there should be little conflict over the availability of parking spaces. With planned interior tenant improvements, the 28,000 square foot movie theater will be a suitable structure for a church. The lack of sensitive nearby noise receptors, such as residential dwellings, coupled with the building's design for high noise generating uses diminishes the potential for noise impacts. Sweetwater Town and Country shopping center is a redevelopment project. According to Community Development Commission (CDC) staff it was developed as a sub -regional retail center for consumer oriented uses, such as recreation and restaurants. In an attached memorandum recommending denial, CDC staff suggests that any new uses considered for the movie theater building be tax generating. As a non- profit organization the proposed church does not generate tax revenue. 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 noted in the: CUP application, they will also have a theater, a day care center and a bookstore. Commissioners discussed the appropriateness of the site for a non -retail purpose. They also expressed a strong desire to see a detailed description of the full proposal (church services, theatrical productions, a day care and a bookstore). Commissioners considered continuing the item to allow the applicant time to provide documentation of their full proposal; however, the applicant requested that the Commission take action, even if they were to deny it, to allow for a quicker final decision. The Commissioners denied the application finding that the proposal is not consistent with the Redevelopment Plan. Planning staff met with the applicant Tuesday November 18, 2003 to discuss the timing of the City approval process and the proposed use. The applicant stated that.Cornerstone Church's intent is to create a mix of uses that will result in the building being used on a daily basis. In addition to the church activities documented in the application materials, the applicant said they will have a bookstore with a small cafe, a day care center, a film/movie room, a concession stand in the foyer of the building, and a performing arts center in the sanctuary. The bookstore/cafe and day care will be open to the public, and the movie/film room and performing arts center will be available for lease by private parties. Additionally, the applicant provided letters of support, which are attached, from five businesses within the shopping center. As. of the preparation of this report the applicant has not submitted written materials or revised plans fully describing their proposed use. Possible findings for and conditions of approval have been attached. Only standard conditions of approval have been included. The findings for and conditions of approval only address the proposed church activities documented in the application materials. 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'. ie 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 November 3, 2003 by the following AYES: Saludares, Alvarado, Graham NAYS: ABSENT: Pruitt ABSTAIN: was adopted by the Planning Commission at their meeting of vote: Martinelli, Flores, Reynolds, Carrillo, Baca CH POSSIBLE FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the existing 28,000 square foot building in a 24 acre shopping center is appropriately designed for a family Christian center, and since adequate parking is available in the center for the existing commercial uses and the proposed church. 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 there should be a decrease in the number of average daily trips attributable to the existing building, since church uses typically generate considerably less traffic than movie theaters. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since both traffic and parking demand within the center should be reduced when the proposed church use replaces the movie theater, and since the existing theater building is appropriately designed for church activities. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend church services and receive training in life skills. POSSIBLE CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a 600 member church at 1920 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-2003-20, dated 8/12/2003. 2. 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. 3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. 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. 5. 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. 6. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 100 0 100 200 Feet N CITY OF NAtiO CITY OF CHU14- ��-sti PROJECT LOCATION OS ZONE BOUNDARY 3 C OS TA - Route 54 Freeway LOCATION MAP Conditional Use Permit for a church at 1920 Sweetwater Road CITY BOUNDARY CUP-2003-20 NATIONAL CITY PLANNING DRN. DATE: 10/8/03 INITIAL HEARING: 10/20/03 SITE PHOTOS City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2003-20 Project Location: 1920 Sweetwater Road, in the Sweetwater Town & County Shopping Center Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a church. Applicant Name and Address: Cornerstone Church 347 % 3rd Avenue Chula Vista, CA 91910 Exempt Status: Telephone Number: 619-425-9333 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 church within an existing building within an existing shopping center. There will be no physical expansion of the existing structure as part of this project. Date: ANDREW HOSKINSON ASSOCIATE P .,ANNER Recycled Paper COMMUNITY DEVELOPMENT COMMISSION MEMORANDUM August 14, 2003 To: Roger Post, Planning Director Via: Andrew Hoskinson. Associate Planner From: Paul Desrochers, Executive Director Subject: CUP-7003-20 The proposed change of use from a Movie theater to a Church for the Sweetwater Town & Country Shopping Center has been presented to me for comment. The entire shopping center is a Redevelopment Project and as such was developed as a sub -regional retail center for such uses as retail and consumer oriented uses including recreation and restaurants. The permanent use of the theater for Church related purposes is not consistent with the Redevelopment Plan. It is important to note that public funds were used to redevelop the site for tax generating uses and any new use should be consistent with this goal. The CUP should be denied. 10/29/2003 15:59 FAX BURNHAM REAL ESTATE 10/29/03 13:04 PACI THEATRES — CONSTRUCTION a B siE 002 NO.692 Pe01/002 At- ROBERTSON PROP CRTtI S GROUP October 28, 2003 Mayor Nick Inzunza Council Member Louis Natividad Council Member Frank Parra Council Member Ron Morison Council Member Fideles Ungab 1243 National City Blvd. National City, CA Mil IT WOOD Pldh o.e❑I P@BIkg an•.u.lupq 1A1 N N{ f UIU ti{IN 6LVi1 I UN AM.iI it, 1'A•Au)ix {in1 rnuSi II .III5.tkad RE: CUP-2003-21 Dear Honorable Mayor and Council Members, I understand that you will be hearing testimony on November 4, 2004 regarding the appeal of the Planning Commission's denial of Conditional Use Permit Case File No, CUP-2003-21 ("CUP, submitted by BBB, Inc. ("Applicant'). In short, the Applicant is currently In negotiations with Pacific Theatres, the owner of the property, to purchase the property and is seeking permission to change the use from a movie theater to a church. As a representative of Pacific Theatres I would like to take this opportunity to address some of the comments presented at the recent Planning Commission hearing as they related to this application and the existing theater use. Pacific Theatres intends to close the Sweetwater Theater before the end of the year. The Sweetwater location has been a non -performing location for several years. Therefore, the building will sit vacant and will have a negative impact on the shopping center and the surrounding area. Over the past three and one half years, (January 1, 2000 through June 30, 2003), Pacific Theatres has paid a total amount of approximately $59,000 to the State of California. This translates to less than $6,000 in sales tax proceeds back to National City over the entire three and one-half year period. Simply put, the Sweetwater Theater is not a source of revenue for National City. This property is not conducive to a traditional retell use. Flacks & Avayer Commercial Real Estate was retained for the period 1999 to 2002 to market the property to traditional retail users, We did not receive any serious interest In the property because of the unique physical characteristics of the building (slanting floors, high ceilings, minimal store frontage, etc). All of these factors make a building retrofit for a traditional retailer cost prohibitive. More importantly, the properties location in the back corner of the shopping center offers no street front visibility, which is a major requirement for a retailer. It is my understanding that former bowling alley of approximately 41,600 square feet sat vacant for five years and was recently leased to a banquet hall. Pacific Theatres is not conversing with another theater operator who is interested in occupying the premises. It is our practice not to hold multiple negotiations at one time once a Purchase and Sale Agreement is executed. In this case, a Purchase and Sale Agreement was executed during this past summer. Moreover, because Pacific Theatres will continue to operate other successful locations in. the San Diego area, it .does not have any intent to sell this theater to a potential competitor. 10/29/2003 15:59 FAX 1029/03 13:04 PACI BURNHAM REAL ESTATE THEATRES — CONSTRUCTION - B ak l 003 NO.692 P002/002 It is my opinion that the property is a perfect fit for the proposed use. I am convinced that the applicant will provide a tremendous service to the community through its many community programs- Pacific Theaters supports the Applicant in this endeavor and it encourages the City Council to overturn the decision of the Planning Commission and approve the CUP. Pacific Theatres will have someone at the scheduled hearing on November 4, 2003. Sincerely, Robertson Properties Group, as agent for Pacific Theatres Brett Wood Director of Asset Management ! rl November 7, 2003 CITY OF NATIONAL CITY COUNCIL MEMBERS 1243 National City Blvd. National City, CA 91950 To whom i This Diegi will e mean a g With my sign Center. cornerstone CHURCH OF SAN DIEqO acknowledge that I have s to the - sentatives of Corn. yself to be in favor of them purchasing Pacific Theatres for a chu bring vitality to our area;' both in e an ues. I unde f success to both National City and BC agree having CCSD as our neighboring business in the Swe1et NAME OF BUSINESS DENNY'S #1473 1904 haler Rd. k-AnO#1 ZTI .ls_.0_t. ♦i.f6.'a.NwfM'rt�xv.Y:gSSt+G�o�.:YYVACYy,1E1.JJL.:d''I 1574a111 MF 1Y141 a.p:M..., . //iA/1/: (ti r)%thq # .-eck/A s o o a f San CCSD SD will own & Country NATURE 347 i/a 3rd venue, chula vista, CA 91910 619.656.1333 L&NON MEE November 1, 2003 L&L HAWAIIAN BARBECUE To Whom It May Concern: 1860-B Sweetwater Road, National City, California 91950 Phone: 619-336-6888 Fax: 619-336-9988 www.hawaiianbarbecue.com I am writing this letter in awareness that the Cornerstone Church, headed by Pastor Sergia Delamara have intentions of turning Sweetwater Theatres into a auditorium for church functions as well as other commun- tiy uses. I strongly believe that with these changes, it will benefit not just the businesses around the proposed auditorium but also the community. Pastor Delamara and his staff are more than welcomed to help turn this community around. Sincerely yours, Benjamin Gudoy, Jr. 'Y4 #/ J Y h,/ ,. 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. egards, Patricia Chapman Resident Manager Parkview Apartments (5 ogT 13, ana9EmErzt, firm 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 National City to have the Cornerstone Church and its congregation in our city. Please consider their application with a favorable result. Respectfully, eze C. A. Black For J. D. Beauchamp General Manager Lo D C1 Rnv AAA e P\latinnal (Tit\ CA 91951 Tel. (6191 477-7700 HANDOUT #1 ITEM NO.4 October 20, 2003 'SWEErWATER 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 co ttee for the performing arts complex and to participate along with Pastor Sergio De a Mora in the design of this artistic vision. lam A. Virchis Director The Sweetwater District does not discriminate with regard to gender, religion, color, national origin, ancestry/ethnicity, marital or parental status, age, physical or mental disability, sexual orientation or any other unlawful consideration. SUMSD Board Policy #2224. COMA NATIONAL CITY, CALIFORNIA APPLJCATION for i/ 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 CL✓/® OOD — ZU t» Filing Fee $ 1�rdsr , t1Receipt No 2! Date Received CfA7A0°3 By E.A.F. Required E Arn Fee $ — Related Cases LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) }ne SC Vr-t- n mt)v i--f-hca+r-C-. aUP A JGt-k,v-or (Se-e G�IV lk(hf'd PROPERTY LOCATION I g9_6 $c.u.ef-wCI4Y' c No. between `<OS and ,2_Y1C / i-tsv1 t/'t COMBINED GENERAL PLAN/ZONING DESIGNATION CCU P 0 Street Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 J C) REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: TO 106 0 Mu1+21pv)r1-10 C6rnra►cicnfi)-'1_Foci ii --1 err -the devetapy^nen OF r)ci>! neiglnhrrthoock and fforrO e5 -1frefe-F. F Place. UJ�l��P form c5 w �\ b fai (veto' i►n 1 ket ei closed For cla s hav -this f Ct[T71y PROPERTY OWNER(S) of all property included in this application: (Attached extra sheif necessary). TADociit�1a�64-N OtMP. Name: Signatur (S acknowledges that this ation is being filed) Warne: Address: l20 RODtx4crvg3Id• Usk ` ' 5, CA 4000 A ; 134Woavl Phone No. NO Fax No. alb- fi5l-653B Date: J eay attire (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: _SeY9 I a 'DP La MCi'a (Please type or p Signature: (Signature certi ies thaf the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: .34_7 'l;. 3r41_ isr,,-enve Chula \ isi-clt (11, glgl C1 Phone No. Fax No. Date: CC,161)ha-41333 61 103 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 () 0 JUSTIFICATION Section 18.116.020 of the National City Municipal Code states that before any conditional use permit, planned development permit or planned unit development permit is granted, the applicant must show the existence of the following facts: 1. That the site for the proposed use is adequate in size and shape; and 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; and 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; and 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. The above findings must be incorporated into each staff report for a Conditional Use Permit, Planned Development Permit or Planned Unit Development Permit presented to the decision making body. Each of the findings must be found to exist. As the applicant, 3 are not required to provide justification of these findings; however, the information can be useful to Planning Staff when compiling their report. Please provide any additional information which may be helpful when considering the application. Conditional Use/Planned Deveiopment/Plain ned Unit Development Permit Application Revised December, 1998 Page4of4 4633 Exhibit "A" LEGAL DESCRIPTION All of that certain real property situated in the County of San Diego, State of California, more particularly described as follows: APN: 563-231443 PARCEL A: PARCEL 2 OF PARCEL MAP NO. 12603, BEING A DIVISION OF LOT 2 OF SWEETWATER TOWN & COUNTRY SHOPPING CENTER, IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8432, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1976. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS AND PARKING OF MOTOR VEHICLES OF CUSTOMERS, PATRONS, SUPPLIERS, AND EMPLOYEES, OVER PARCELS 1, 3 AND 4 OF PARCEL MAP NO. 12603 AND SWEETWATER TOWN & COUNTRY SHOPPING CENTER, IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8432, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1976, AS SET FORTH AND CONTAINED IN THAT CERTAIN DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS DATED DECEMBER 14, 1976 AND RECORDED DECEMBER 29, 1976, RECORDER'S FILE NO. 76-437509. PARCEL C: NON-EXCLUSIVE EASEMENTS FOR VEHICULAR AND PEDESTRIAN INGRESS AND EGRESS, PARKING OF MOTOR VEHICLES AND FOR INSTALLATION, MAINTENANCE AND USE OF A PYLON SIGN AND MONUMENT SIGNS OVER THE "COMMON AREA" PARCELS 1, 3 AND 4 OF PARCEL MAP NO. 12603 AND SWEETWATER TOWN AND COUNTRY SHOPPING CENTER IN THE CITY OF NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8432, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 10, 1976 AS DEFINED IN AND SUBJECT TO THE TERMS AND PROVISIONS OF THAT CERTAIN SUPPLEMENTAL DECLARATION OF RESTRICTIONS AND GRANT OF EASEMENTS RECORDED MARCH 10, 1983, RECORDER'S FILE NO. 83-076029. CAWINDOWSITEMP \LEGAL DESCRIPTION.doc 55:ss 05/04/99 3303017I adhoc - SD:1999 00347348 04/25/2003 11:52 AM 4 of 5 Proposed Usage of Sweetwater Facility for Cornerstone Church Office Hours: Monday through Friday Supplemental Usage: Sunday: o Morning Services Monday: 8:00 a.m. — 5:00 p.m. 600 c3 `f-` ``6J 7:00 AM — 2:00 PM o Night Services ` / 3Jt o English as Second Language Classes o Men's Study Group y° Tuesday: o Fatherhood Class Wednesday: o Night Service Thursday: o Worship Team Practice (Choir) / Friday: o2S") A-TrEND6. 5 o Night Youth Service /60 *-% --)1)e-z- Saturday: o Various Ministry Training Meetings o Youth Leadership Institute o Worship Team Practice (Choir) 5:00 PM — 10:00 PM 6:00 PM — 7:00 PM 7:30 PM — 9:00 PM 4:00 PM — 6:00 PM 5:00 PM — 10:00 PM 6:00 PM — 8:00 PM 6:00 PM — 10:00 PM 7:00 AM — 12:00 noon 1:00 PM — 3:00 PM 6:00 PM — 8:00 PM City of National City COUNCIL AGENDA STATEMENT MEETING DATE: December 2, 2003 4 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING: TO SOLICIT NATIONAL CITY'S RESIDENT'S VIEWS AND OPINIONS REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT NEEDS OF LOWER INCOME RESIDENTS. PREPARED BY: Paul Desrocher DEPARTMENT Community Development Commission Executive Director 336-4250 EXPLANATION: The purpose of today's public hearing is to receive input from the residents of National City regarding the housing and community development needs of lower income residents. This public hearing is required by HUD before the writing of the FY 2004-05 Consolidated Plan Annual Plan. A copy of the City's Citi- zen Participation Plan can be seen in Attachment #2 to this report. Each year the City completes a process to solicit and approve programs and projects eligible for federal funding. The Department of Housing and Urban Development (HUD) has informed the City that approxi- mately $1,300,000 in Community Development Block Grant (CDBG) and $630,000 in HOME Investment Partnership Act (HOME) funds will be available for the Consolidated Plan program year 2004-05. In 2000, HUD Consolidated Plan regulations required the City to complete a new Five -Year Consoli- dated Plan and a One -Year Annual (Action) Plan. For FY 2004-05, the City will complete a new Annual Plan due to be released for 30 days of public review from February 1 through March 1, 2004. The City Council will review the Annual Plan at a Public Hearing tentatively scheduled for March 9, 2004. Environmental Review Financial Statement N/A STAFF RECOMMENDATION That the City Council conduct a Public Hearing to solicit public input regarding the housing and community development needs of lower income residents. BOARD/COMMISSION RECOMMENDATION N/A X N/A ATTACHMENTS (Listed Below) 1. Proof of Publication 2. Citizen Participation Plan Resolution No. PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 11/21 all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 21st day of November 2003. Signature Proof of Publication of NC14168 CDBG/HOME eet, rem NOT, n,or tt i contacting rt eca hTacaasut j� 4255 • or eta•e, rtT cfas@ d'lationaf it t S. Paul )esroc-hers' ecutiveDirector', NC14108 ` 11/21/03 Attachment No. 1 Citizen Participation Plan HUD Consolidated Plan Year 2000 - 2005 Community Development Commission of National City 140 East 12th Street, Suite B National City, CA 91950 (619) 336-4250 phone number (619) 336-4286 facsimile www.ci. national -city. ca. us Attachment No. 2 TABLE OF CONTENTS Introduction 3 Citizen Participation Plan 3 Development of Consolidated Plan 3 Public Noticing of Consolidated Plan/Annual Action Plan 3 Public Hearing for Consolidated Plan 4 Consolidated Annual Performance and Evaluation Report (CAPER) 5 Plan Amendments 5 Access to Information 6 Availability to the Public 6 Access to Records 7 Technical Assistance 7 Complaints 7 City of National City Citizen Participation Plan Page 2 of 7 Introduction Every winter, the City of National City begins the application process for the federally funded CDBG and HOME programs. The City receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The actual amount of the allocations for both programs changes every year and depends heavily upon the amount of funds HUD is allocated from the Federal Budget. However, in the recent past, the sum of both allocations has been approximately $2 million each year. Citizen Participation Plan The City of National City's Citizen Participation Plan is developed in accordance with 42 U.S.C. 91.105 of the Housing and Community Development Act of 1974, as amended. This plan sets forth the policies and procedures that the City of National City will follow to encourage citizen participation in the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Act (HOME) Program. The Citizen Participation Plan will be followed through the 2000 — 2005 Consolidated Plan Process. The City of National City Community Development Commission (CDC) will utilize the following strategy to solicit meaningful community participation and input toward the development of the Consolidated Plan or Annual Action Plan, any substantial amendments to the Consolidated Plan/Annual Action Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). The guidelines established are designed to encourage participation by low — and moderate — income persons; particularly those who live in low — income neighborhoods, and in areas where CDBG and HOME funding is proposed to be utilized. The CDC is also the Housing Authority for National City and encourages persons who receive public housing assistance to participate in the consolidated planning process. Development of Consolidated Plan Public Noticing of Consolidated Plan/Annual Action Plan The public review period of the proposed Consolidated Plan/Annual Action Plan will be available for review for 30-days before the City of National City adopts the Plan/Annual Action Plan. The City will provide 10-days prior notice of the availability of the proposed document to citizens, public agencies and other interested parties. The following information will be included in the public notice: • Amount of funding assistance from Housing and Urban Development (HUD), the City expects to receive during next funding cycle, including program income. City of National City Citizen Participation Plan Page 3 of 7 • The range of activities that may be undertaken, including the estimated amount that will benefit person of low- and moderate- income persons. Residents affected by the Plan's implementation will have access to the City's Plans to minimize displacement and to assist those displaced, if any, as a result of the Plan's Activities. In all cases of displacement, the City will follow all regulations in HUD's Handbook 1378. The following identifies steps to minimize displacement: 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building complex during and after rehabilitation, working with empty units first. 3. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Consider the use of Section 8 Vouchers and Certificates for displaced families. Public Hearing for Consolidated Plan The City Council will hold two public hearings every Consolidated Plan program year. The first public hearing will be held before the Consolidated Plan/Annual Plan is published for review, to hear the views of citizens regarding the needs of the community. The second public hearing will be held toward the completion of the 30- day public review period of the Consolidated Plan/Annual Plan. Public Noticing of the Public Hearings will be posted ten days prior to the hearing in The Star News, and posted at the following locations; National City Public Library and City Hall. City Council meetings are held on the first and third Tuesday of each month at 6:00 pm. City Hall is located at 1243 National City Boulevard, National City, CA 91950. The City Hall is ADA accessible. In addition to the public hearings, several public meetings will be held during the Consolidated Plan process with the National City resident advisory committee, the Housing and Community Development Committee (HCDC). The HCDC will review all proposed projects for potential CDBG and HOME funding and make recommendations to the City Council on their perspective of local priorities and how grant funds should be spent. The CDC will consider any and all comments or views of citizens received in writing, or orally at the public hearings and public meetings when preparing the final Consolidated Plan. A summary of any comments or views not accepted and the reasons therefore, shall be attached to the final consolidated plan. City of National City Page 4 of 7 Citizen Participation Plan Consolidated Annual Performance and Evaluation Report (CAPER) At the end of each fiscal year, the City of National City is required to review the City's progress toward meeting the goals and objectives that are set forth in the Consolidated Plan/Annual Action Plan. The CAPER Report is submitted to HUD's Regional Office for review in late September. As part of the City's review process, the CAPER is made available to citizens, public agencies and interested parties for a period of 15-days. A 10-day advance notice is provided to the public that the Report will be available for review. Citizens are encouraged to provide comment on the CAPER Report through written or oral comment during the 15-day review period. A summary of these comments or views shall be attached to the performance report and actions taken by the City to address the comments will be included in the CAPER. Plan Amendments Substantial Amendments The City of National City determines that substantial amendments to the Consolidated Plan include a change of goals and or objectives in the Consolidated Plan, or Annual Action Plan. Ten days advanced notice of public hearings will be printed in The Star News, and public notices will be posted at City Hall and the National City Public Library. The public will be provided a 30 — day comment period to provide written or oral views on the substantial amendments. In addition, a public hearing will be held to hear citizen comments on the amendments. A summary of the comments or views, and a summary of any comments not accepted and the reasons therefore will be attached to the substantial amendment of the consolidated plan. Re -allocation of funds Amendments to the Consolidated Plan include the re -allocation of CDBG or HOME funds from one eligible activity to another. A 10-day advance notice of public hearings considering the re -allocation of CDBG or HOME funds will be printed in The Star News, and will be posted at City Hall and the National City Public Library. The City of National City will consider any written or oral comments from citizens at all public hearings, if any, and take into consideration public input regarding the re -allocation of funds. City of National City Citizen Participation Plan Page 5 of 7 Amendments to Citizen Participation Plan The City of National City encourages citizen comment on the Citizen Participation Plan and on any substantial amendments. The City of National City will provide citizens with a 10-day notice for the public to review the document. The amended Citizen Participation Plan will be made available for the public for 15 days. During that time, public comment both written and oral will be considered for the final draft of the Plan. Public comment will be attached to the document upon completion of the final document. Access to Information Availability to the Public The proposed Consolidated Plan, substantial amendments to the Consolidated Plan, and the CAPER Report will be made available to the public. Public access includes the availability of materials in a form accessible to persons with disabilities, upon request. In addition, bilingual staff is available to assist individuals who are non-English speaking. The Consolidated Plan/Annual Action Plan, the CAPER Report and substantial amendments to the Consolidated Plan will be made available for review at the following locations: • Community Development Commission — 140 East 12th Street, Suite B • City Hall —1243 National City Boulevard, City Clerks Office • National City Public Library — 200 East 12th Street • City of National City Website — www.ci.national-city.ca.us Citizens, public agencies and interested parties may contact the CDBG Program Coordinator for further information or to provide comment at: Angelica Macias, Program Coordinator Community Development Commission 140 East 12th Street, Suite B National City, CA 91950 (619) 336 — 4264 E-mail address: amacias@ci.national-city.ca.us City of National City Citizen Participation Plan Page 6 of 7 Access to Records The CDC will ensure reasonable access to information and records related to the development of the Consolidated Plan process and to the expenditure of resources for programs funded by CDBG and HOME for the preceding five years. Copies of documents will be available for review at the Community Development Office located at 140 East 12th Street, Suite B, National City, CA 91950. Technical Assistance The CDBG Program Coordinator will provide technical assistance to citizens, public agencies or interested parties to develop funding requests for CDBG and HOME funds. Technical assistance for such individuals or groups includes helping them understand the program requirements, determination of eligible/ineligible activities, providing suggestions on structuring of new programs, and assistance with completing the grant request application. Complaints The CDC Staff will accept written and or oral comments/complaints relating to the Consolidated Plan process during the time that relates to each comment period noted above. The CDC Staff will make an effort to respond to every written citizen complaint within 15 business days where practicable. Complaints regarding the Consolidated Plan process, amendments to the Plan or the CAPER Report must include: 1. A description of the objection with supporting facts and data; and 2. Name, address, telephone number, and date of complaint. City of National City Citizen Participation Plan Page 7 of 7 City of National City, California COUNCIL AGENDA STATEMENT eETING DATE December 2, 2003 **Refer to Item #15 5 AGENDA ITEM NO. "ITEM TITLE Public Hearing Regarding Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. PREPARED BY Lt. Keith Fifield DEPARTMENT Pole' A/ EXPLANATION On October 21, 2003, the City Council passed resolution NO. 2003-148 accepting $88,033 in FY 2003 United States Department of Justice Local Law Enforcement Block Grant funds. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on Friday, November 21, 2003, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) Environmental Review N/A Financial Statement No impact to General Fund. Local match from Asset Forfeiture Funds. STAFF RECOMMENDATION Hold Public Hearing Account No. 131-411-000-515-0000 255-411-000-515-0000 255-411-000-299-0000 BOARD I COMMISSION RECOMMENDATION On November 21, 2003, the LLEBG Advisory Board voted unanimously (5-0) to recommend the Approval of the proposed expenditures. iTTACHMENTS ( Listed Below ) A FY 2003 LLEBG Application A-200 (9/8 Resolution No. Page 2 Public Rearing Regarding Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. Disparate Jurisdiction Explanation San Diego County is certified by the -State Attorney General's Office as being a disparate jurisdiction. A disparate situation exists when one municipality's LLEBG eligible funding amount is greater than 200 percent, or multiple municipalities' eligible funding amounts are greater than 400 percent of the funding amount for the adjacent county. In our case, there is 400 percent disparity with the adjacent counties. The remedy for this disparity is for the County to submit a plan to the state addressing reallocation of funds. Several jurisdictions at the disparity level agreed, because of deadline constraints, to allocate 20% of their FY 2003 funding to the San Diego County Adult Drug Court Program. Unlike last year, there was a prolonged debate about the amounts each jurisdiction wanted to allocate because of the State's fiscal problems. Jurisdictions were asked to allocate 20% as they did last year. Most jurisdictions complied with the County's request but some allocated less than 20%. Every jurisdiction allocated at least 10%. We felt that in the spirit of cooperation and fairness, that 20% was a reasonable request and agreed to that amount. Based on the agreements, the county released the cities from the disparate process so we could complete the LLEBG applications within the allotted time periods. The police department's proposal to expend 20% of the FY 2003 LLEBG funds to the San Diego County Adult Drug Court program was also unanimously approved by the LLEBG Advisory Board. Proposal The total amount of the FY 2003 LLEBG funds is $88,033. $79,230 is the federal share and $8,803 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/sei,nre fund. The police department is requesting a resolution that would authorize the appropriation of 80% of the LLEBG funds, or $72,187, for the purchase of Computer Aided Dispatch (CAD) workstation upgrades for the Dispatch, Records and Crime Analysis units, a Mobile Data Computer (MDC) upgrade for patrol and a Digital Camera System for use in homicide investigations and other serious crimes. We also request that 20%, or $15,846, be appropriated to the County of San Diego for expenditure in the Adult Drug Court program to satisfy the disparate jurisdiction situation. The CAD and MDC upgrades are necessary to keep the systems up to date and running. They were both funded through grants several years ago and funds have not been available from the department budget to account for growth, upgrades or repairs to keep the systems current and operable. On the following page is a breakdown of the budget proposal. (Continued) Page 3 Public Hearing Regarding Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. Expenditures: Mobile Data Computer Upgrade 90 Windows Office XP std. Licenses 95 Windows XP Pro Licenses 2 Additional MDC Licenses 2 Additional CF-28 Laptops $53,024 Computer Aided Dispatch Upgrade $13,863 Tritech Project Services Two Monitor Workstation One Monitor Workstation Hardware Digital Camera System Nikon D100 Digital Camera and all accessories, including but not limited to lenses, carrying cases, batteries, memory, software tripods, flash, cords and cables. San Diego County Adult Drug Court Program $15,846 ..... ....... _____w____ $5,300 Total = 88,033 City account numbers set up for this grant: Asset Forfeiture (Local Match) #131-411-000-515-0000 2003 FY LLEBG #-411-000-515-0000 S.D. Drug Courts #255-411-000-299-0000 •int Application rage i or i Appi LLEBG FY 2003 Application Date Certified : 26-AUG-03 IDate Submitted : 26-AUG-03 Jurisdiction Information (Disparate) Jurisdiction: (County: National City SAN DIEGO State: CALIFORNIA CDFA Humber: 16.592 Budget Information Eligible Award Amount: $88,033 Final Award Amount $79,230 Match Amount: $8,803 Matching Funds Description: State and Local Government Units CEO Information Title: Acting City Manager Name Prefix: Mr. Last Name : Morse First Name : Park Address: 1243 National City Boulevard Natioral City, California, CA 91950-4397 Telephone: (619) 3384249 Fax: (619) 336-4327 Email: snot d.natlonal- ctty.ca.us Y4rogrant t:.ontaCC .f In.rfltatrun Title: Lieutenant Name Prefix: Mr. Last Name : Afield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: (619) 336-4543 Fax: (619) 336-4525 Email: krfieldtcLnaiional- city.ca.us Application Details Date Agreed to Trust Fund Requirement 19-AU(:+-03 Applicant le PPSSOHB Compliant: Date Agreed to SPOC Requirement 19-AUG-03 Date Agreed to SAA Review Requirement 19-AUG-03 Data Agreed to Certifications: 26-AUG-03 Date Agreed to Assurances: 26-AUG-03 hops.//grants.ojp.usdoj.gov/llebgs//llebg2000.11ebg main.app read only?p bgid=5&p action... 8/26/03 City of National City, California COUNCIL AGENDA STATEMENT 6 MEETING DATE 1 2 / 2 / 03 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JANIE ANDERSON CONULTING SERVICES TO PROVIDE PROFESSIONAL FUND RAISING SERVICES FOR THE NATIONAL CITY PUBLIC LIBRARY CAPITAL CAMPAIGN PREPARED BY Anne Campbell r\i-- DEPARTMENT Library EXPLANATION. SEE ATTACHED EXPLANATION Environmental Review x N/A Financial Statement The fee agreed upon to perform the work will not exceed $35,000. Funds are available in Fund 303 for this purpose. Account No.303- Hog- vco-2,1�j STAFF RECO ENDATION Adopt the Resolution that approves the contract and authorizes the Mayor to execute a contract with Janie Anderson Consulting Services to perform the consulting services as described. BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No 2003-163 A-200 (Rev, 4/00) J Explanation: The construction of the new National City Public Library is underway, funded by a $6 million local bond and $11.1 million from State Public Library Construction bonds. However, the $17.1 million may not be used for certain expenditures: collections (books, periodicals, videos), enhancements to equipment and furnishings and public art. The Library has determined a need to launch a capital campaign to raise these much needed funds. Early projections place the target for the campaign between $1 million and $2 million dollars, with a determination of the target amount to be made as one of the next steps in the capital campaign. Library staff have been working on the initial phase of the capital campaign and have laid a foundation for the campaign, but professional support is needed to develop strategies and ensure campaign success. In researching best practices for library capital campaigns, it was determined that the best organization for the campaign was to contract with a professional fund raiser for planning purposes, have library staff manage the day to day campaign operations and engage a volunteer capital campaign committee. Having library staff manage the campaign, under the direction of a professional fund raiser provides long-term benefit to the organization. Valuable contacts made during the campaign can assist in laying the foundation for an annual giving campaign for the library. The Library will hire a part-time employee to manage the day-to-day operation of the capital campaign, under the guidance of the professional fund raiser. Personnel funding for the initial seven months of the campaign to hire this employee will come from existing grant funds (Acct 171). Staff identified five potential fund raisers with library capital campaign experience: Underwood & Associates; Janie Anderson Consulting Services; Concept Solutions; The Alford Group, Inc.; Laudick/Brown & Associates. Interviews were conducted, references checked and the recommendation is to contract with Janie Anderson Consulting Services for professional fund raising services. The agreement provides for professional fund raising services, including: conducting an audit to determine the target fund raising amount; developing campaign strategies; training capital campaign committee and staff in cultivation and solicitation techniques; and providing general guidance in planning and implementing a successful capital campaign. RESOLUTION NO. 2003 — 163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JANIE ANDERSON CONSULTING SERVICES TO PROVIDE PROFESSIONAL FUND RAISING SERVICES FOR THE NATIONAL CITY PUBLIC LIBRARY CAPITAL CAMPAIGN WHEREAS, the City desires to employ a consultant to provide professional fund raising services for the National City Public Library Capital Campaign; and WHEREAS, the City has determined that Janie Anderson Consulting Services is a fund raising consultant and is qualified by experience and ability to perform the services desired by the City, and Janie Anderson Consulting Services 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 Janie Anderson Consulting Services to provide professional fund raising services for the National City Public Library Capital Campaign. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 2nd day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. riser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND Janie Anderson Consulting Services THIS AGREEMENT is entered into this 2nd day of December, 2003 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Janie Anderson Consulting Services (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide fund raising services for the National City Public Library Capital Campaign. WHEREAS, the CITY has determined that the CONTRACTOR is a fund raising consultant 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 30% from the base amount. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. Anne Campbell, City Librarian 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 CONTRA- CTOR. Janie Anderson 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 A (the Base amount) without prior written authorization from the _City Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, forinspection 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 A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR'S written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised August 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR'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 pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever 3 Revised August 2003 nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 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 governmental 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 4 Revised August 2003 CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 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 defend, 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 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 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. 5 Revised August 2003 B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - 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. ment. 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 6 Revised August 2003 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 bome 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 the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 7 Revised August 2003 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) afterthe 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 the CITY: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Janie Anderson Consulting Services P.O.Box 26814 San Diego, CA 92196 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. ❑ If checked, 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 8 Revised August 2003 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. 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 supersedes any prior agree- ments, 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 9 Revised August 2003 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: By: Nick Inzunza, Mayor Ja ie Anderson resident APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 10 Revised August 2003 EXHIBIT A Janie Anderson Consulting Services will provide consulting services for the million - plus dollar capital campaign for the new National City Public Library. Scope of Services 1. Strategy Development and Planning Conduct Goal Confirmation Audit to determine the target fund raising amount Develop, with capital campaign committee and staff, individual, corporate and foundation prospects Guidance in identifying and developing recruitment strategies for campaign committee and honorary chairs Development of a campaign plan, with timeline, with consultation of staff and capital campaign committee Strategic development of funding targets and naming opportunities for donors Development of solicitation strategies for specific donors Assistance in writing case statement and developing capital proposals to foundations and corporations Guidance in maximizing donor cultivation and public awareness opportunities in existing library activities, events and public relations and plan for additional public relations opportunities Guidance in maximizing public relations for groundbreaking event Develop specific campaign plan for small donor gifts 2. Coaching and Training Provide advice and direction for capital campaign committee Provide coaching fro Library staff in development techniques and strategies Provide training for capital campaign committee and staff in cultivation and solicitation techniques 3. Materials Development and Campaign Support Assistance in revising/writing fund raising materials Assistance in implementing campaign software to manage donor database Assistance in using website as a fund raising tool Draft donor acknowledgement materials 4. Attendance at Meetings Presentations to the City Council, Library Board, Friends of Library, as requested, on the progress of the campaign Attendance at meetings of capital campaign committee Compensation and Payment The total cost of the work shall not exceed $35,000. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice. As required by California law governing fundraising counsel, the Contractor(fundraising counsel registration number FC-1239) will not at any time directly solicit funds, assets or property for charitable services, receive or control funds, assets or property or employ, procure, or engage any compensated person to solicit, receive, or control funds, assets or property for charitable purpose. Funds belonging to National City will at no time be in the custody of the Contractor. Payment of professional services fee is not contingent on the total of funds raised during the period of the Agreement. Length of Agreement The project term shall be from December 2, 2003 through June 30, 2004. City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE December 2, 2003 AGENDA ITEM NO, 7 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN A LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INC FOR TEMPORARY FACILITIES DURING CONSTRUCTION OF THE NEW HEADQUARTERS FIRE STATION PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) 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, Inc. as the provider was based on total costs including monthly lease payments and associated delivery and set-up costs. Refer to Exhibit "B" of the Agreement. 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 $38,924. A previous version of this agreement was approved by the City Council at the November 11 meeting. The current version reflects two principal changes: (1) prevailing wages will be paid; (2) construction and dismantling of a wooden deck has been deleted from the agreement and will be constructed by City forces. Environmental Review X N/A Financial Statement Approved By: nce Director Funds in the amount of $77,048 for installation and removal and for a twelve (12) month lese are available in account no. 250-409-500-598-1588 Account No, STAFF RECOMMENDATION Adopt resolution BOARD / COMMISSION RECOMMENDATION ( Listed Below) Resolution No. 2003-164 1) Agreement between the City and Modular Building Concepts, Inc. 2) Resolution authorizing the Mayor to sign a Lease Agreement with Modular Building Concepts, Inc. A-200 (9:99i RESOLUTION NO. 2003 —164 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. BE IT FURTHER RESOLVED that Resolution No. 2003-153 is hereby superseded. Passed and adopted this 2nd day of December, 2003. Nick lnzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MODULAR BUILDING CONCEPTS, INC THIS AGREEMENT is entered into this 2' day of December 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" — "H". 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. 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. Agreement between the City of National City and Modular Building Concepts, Inc. 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" — "H" shall not exceed the schedule given in Exhibits "A" — "B" (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" — "H" 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 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. Agreement between the City of National City and Modular Building Concepts, Inc. 2 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. 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 practice its profession. 10. 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. 3 Agreement between the City of National City and Modular Building Concepts, Inc. 11. NON-DISCRIMINATION PROVISIONS. MBC 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. 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. 12. 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 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. 13. 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. 14. 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 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 MBC under this Agreement. 4 Agreement between the City of National City and Modular Building Concepts, Inc. 15. 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. 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 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 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. 16. 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 attomey'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. 5 Agreement between the City of National City and Modular Building Concepts, Inc. 17. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over 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. 18. 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. 19. 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 6 Agreement between the City of National City and Modular Building Concepts, Inc. (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. 20. 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. 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. 21. 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. 7 Agreement between the City of National City and Modular Building Concepts, Inc. 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MODULAR BUILDING CONCEPTS, INC. (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor Kenneth Kerper, President APPROVED AS TO FORM: By: (Name) George H. Eiser, Ill (Title) City Attorney B Agreement between the City of National City and Modular Building Concepts, Inc. 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 Exhibit "B". 1. One 12-foot by 60-foot (#459) and One 24-foot by 60-foot (#190/93) Modular Units. 2. One 12-foot by 60-foot (#1260) Modular Unit. 3. Two 12-foot by 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 in "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 twelve (12) months followed by a month -to -month option not to exceed a six-month period. 8. Monthly lease costs plus damage waiver for all units is $2,890 plus $287. 9. Cost for delivery/set-up/skirting/seismic tie-downs/steps shall be as stated in Exhibit "B". 10. Delivery of units to site shall occur the week beginning December 8, 2003, and be completed on or before December 12, 2003. 11. Final installation work shall be coordinated with the National City Public Works Department and completed prior to December 26, 2003. 12. Cost to dismantle and return units and related accessories shall be as stated in Exhibit "B" and shall be completed within 60-day notice by the City that the lease will end. EXHIBIT "A" Prevailing Wage Pricing National City Fire Department (Summary of Charges) Modular Building Concepts, Inc. 12580 Stotler Court, Poway, CA 92064 . 11/19/03 Revised 11/19/03 to include prevailing wage rates for on site work Monthly Charges One Time Charges Size Monthly Lease Rate Physical Damage Waiver Deliver Set Up Install Tie Downs install Skirting Dismantle Trailer Remove Tie Downs Remove Skirting Return Delivery Standard Steps Install (2) exterior doors in 24xso only & remove an lease end 24x60 Dorm & 12 X 60 Shower /Restroom 1955 195 700 2880 4256 6240 2880 1216 873 700 0 2688 12x60 Office 345 34 235 200 2016 2880 200 576 403 235 0 12x40 Equipment 295 29 235 152 1344 2080 152 384 291 235 0 12x40 Storage 295 29 235 152 1344 2080 152 384 291 235 0 Total $2,890 $287 $1,405 $3,384 $8,960 $13,280 $3,384 $2,560 $1,858 $1,405 0 $2,688 $38,924 # of Months 12 12 $34,680 $3,444 Miscellaneous Charges 1) Construct and dismantle at lease end 6 x 20 wood deck: not required per Randy Kimble 11/19/03 2) Install (2) 3' exterior doors in the 24 x 60 and remove at lease end per quote dated 10/2/03 - $2688 + tax (included in above prices) Ca Note: 1) Prices exclude tax. Site must be flat, level, and accessible by truck and trailer. Special handling (if required) will be an additional charge. Removal or installation of axles, tires, or hitch (if required) not included. If site conditions or National City Fire Department require removal of running gear the following charges will apply: Remove or install hitch - $120 each, remove or install axles - $120 each, remove or install tires - $16 each. Jacking into or out of position on site (if required) not included in above noted pricing. The dismantle and return delivery charges are an estimate only since site conditions can change in 12 - 18 months. 2) Lessee may continue to lease these units on a month -month basis at the end of 12 months for the same rate summary' '')arges.xls C C o- c a c c 0 c MODULAR BLDG CONCEPTS .I8IHX3 M N Dorm 1 Dorm 2 Dorm 3 Broekroom 12'x40' Dorm 4 lr Kitchen OD 00 Dorm 5 Dorm 6 E-- 10' >I 5' >I< 101 nationl2 10' 60' 15' 10' > - - - - 8' Base and upper cabinet with double bowl sink, water heater and garbage disposal by MIX, Standard Features Roars 28 oz.Commercial grade carpeling Walls ......... 1/4" ;refinished wood panelling Ceiling .,....._8' suspended acoustical ceiling Roof 30 Ga. galvanized metal roof Skiing 5/8" T1.11 plywood (or equal) grooved 8" o.c. Doors 3'4'8" metal dad hollow core with dead bolt 476 1ra Refrigerator and range by client Unit #193 Unit #190 NOTE: Client responsible for range hood, and fire protecting walls as no Windows 46'49" sliding windows with bronze aluminum frames Lighting 7x4' recessed fluorescent light fixtures H'/AC _._._ Electric hawing and cooling, )pprox 12,000 BTU per 250 sq. ft.) Insulation_.._.. Floor: R-11, Exterior Wags: R-11, Roof : R-19 Eloctrleai Single phase, 100 amp sub psnei(a),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 12590 Stotler Ct. Poway Ca. 02084 Ph (058) 679-1105 Fx (858)879-a504 DimonsionaAreApprommete, Features aub)eet to change. C tr' C b C.R4 A/A RCQ F&a ac:ni mnm w A N N V „a„ 1I9IHX3 f' 16' Locker Area or ? 12' 60' V.><11>g_ Shower Area Standari Features Floors Commercial linoleum (shower area), Commercial tile elsewhere Walls FRP (shower/restroom), 1/2" vinyl covered drywall elsewhere Coiling 8' suspended acoustical ceiling Roof 30 Ga. galvanized standing seem Siding 5/8" T1-11 plywood (or equal) grooved 8" o.c. Doors 3'x8'8" metal clad hollow core with dead bolt 9' 13' 10' -- Sinks Restroom Area Locker Area or ? Windows 36502' obscured sliding window with bronze aluminum frames Lighting 2'x4' recessed fluorescent light fixtures HVAC ............... Electric heating and cooling, Size: 4 - Ton insulation Floor: R-11, Exterior Walls : R-11, Roof : R-19 Single phase, 200 amp sub panel, 110 V duplex receptacles Cal. Dept. of Housing (DOH) type 5, non rated, B-2 commercial.coac Electrical Code Client National City Fire Dept. Size 12x60 Unit # 459 Date 9/22/03 Modular Building Concepts 12580 Stotler Ct. Poway Ca. 92054 Ph (858) 679.1185 Fx (858)679.8804 Dimensions Are Approximate. Features subject to change. „ 3.,1ISIHX3 Modular • mion Building Concepts, Inc. 1258D StoterCt Po -oar?. California 02CM Ph. (a59) e79.1195 Fax (9 ,$) e754304 T 1.0 0 iltaitatEsause Floors ......... commercial grade ate Weds .»»,.....,...1/4" proltnishoft wood panelling Coating ...»..._....8' suspended acoustlral ceding Roof »».»...... .....30 Ca, galvanized metal root Skiing ...._..._....578' T1.1 t plyrrood (or equal) grooved 8" o.t. Doom ............._.3k67 metal dad hollow core with dead boll Model 1260 Model 1030 St?ndard Models (Model 820 - 1260) Windowr.•••».,,lib"r39' eliding windows with bronse•aruminum frames Lighting 2}t4' recessed fluorescent light fixtures t1VAC.............»EUldric heating and tooling, (Approx 12,000 BTU per 250 s4.1t.1 Insulation Fisor : R-11, Exterior Walls : R•11, Roof : R•11 Elecrrtesa..„1101208 V single phase 100 amp sub panel. 110 V duplex receptacles Coda California Dept. of HousIng (DOH) type 5, non rated, B-2 commercial coact Model 1240 Randy • Approximatety half of my 12x4O's have a partition as shown above. Since you prefer a "shell' I will try to locate one for you. Model 820 .5peciaoa5o;7snd floor plant subJeolq chariot. Dlmentions vs spprdairala. Raseooru rµ Ine46ed. Dpaans erelade 41 4n4e41. Modular Building 11.11 Concepts, Inc. 1256o StoserCt Allay. California 92641 Ph. (859) 679.1185 Fax ram 57P68d4 Standard Irea(ttre. Room.•...•.., 118" commercial grade Ills Ws/is 114" prertnishod wood panelling Coifing ,..„...„,:,8' suspended acoustical selling Roof ...„,,,,,,..,,30 Ga. galvanked metal roof SidingT1 • t 1 plywood (or equal) grooved 8' o.c. Doors „,„ 3k6'8" metal dad hollow core with dead bolt St ndard !Models (Model 820 - 1260) Wlndowr.•.•„.•A8"x39'sl dinpwtndows with bronre•aruminum frames Lighting „2k4' recessed fluorescent fight ltxlures HVAC •,......,.,..„Slstlric heating and tooling, (Appi,x 12,000 BTU per 250 sq.1t.1 emu/at/on Floor : R-11, Extedor Walls : R•11, Roof : R•11 Eitectrlcsf..„,.,„1101208 V single phase 100 amp cub panel. 110 V duplex receptacles Cafe California Dept. of Housing (DOH) type 5, non rated, B•2 commercial coach HA. 119IHX3 Model 1260 Model 1030 Model 1124'0 Randy • Approximatefyhalf 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 20' ---3, T 09. roe 1ne Spedfado.., lbar plans aubpu b alepe. DIetentians ve rpana rae9. lteshoons rK.t Included. Opeons eve Intte on ',Nest 09/22/03 MON 11:02 FAX 858 679 6804 MODULAR BLOC CONCEPTS 008 Modular Building Concepts, Inc. Quotation Terms and Conditions Construction Standards and Codes Proposal based on a California Departnett 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 stucture wilt bear the California D.O.11. insignia cettifying State compliance. Design and construction will be in accordance with typical industry standards and the most recent version of the Uniform Building Code (U.B.C), Uniform Mechanical Code (V.M.C.), and the National Electric Code (N.E.C.) as adopt...' by the California 12=y,�t,.,..,t 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 i"sluded. Fire 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 wed pier and wood pad "foundation" only. heat shall be responsible for, an site development, utility connections, handicap access, permits and peacoat fees, providi‘d safe access to site for delivery of stamina. and dinning local cede 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 sttuemre will not be the responsibuity of MIIC. Inc. without prior knowledge in writing. Catrglaece with any other code royai..os..nts, Le.; city or county, will require complete information or specifications in writing prior to bidding and/or engineering Compliance with local Fine Marshall shall be the client's responsibility. Permits/Inspections Bolding permits, installation permits, electrical permits, sewer and water permits. permit fees, requirements resulting from permits and on site it , ..twee fees by Department of Housing. or any agency, arc specifically pa. sided. Drawings Standard drawings will be provided with each new structure if required. Additional &swing ,"wet stamped" drawings or engineering for structure will be extra. Drawings or tag for ramps, decks, sitps, foes:1Mon, or tie downs will be an additional charge. Deivery/ Return Delivery pilot ears, transportation permits, traffic coated foes, or permit fees of any kind are not included. Overwiddi shacones, ovexheigbt structures, rem of sites or sites wide limited scam may require special handling, additional equipment jacking into posies plot cars erpemits. Fees for Ibis wink shall be an additional cost to the client If MSC, Inc. manufactures* new structure for a client, billing shall begin no Isertban 10 days after factory eompletioacr upon delivery and set-up on she, whichever occurs feat On `tin stock' units, billing shall commence 10 days aferreceipt of signed lease crapes delivery and set-up, whichever mews fast Set Up Set-up includes placing the stricture on a steel pier and single wood pad "foundation" with piers 6' tog' on coma. Site oast be Sat and level within 2" in all directions, accessible by tench and coach without special handling. tree from all abstractions Cie: buildings, cads, tscesjmees, etc.), and capable of adequately supporting the entire structure. Minimum aged soil compaction is 1,000 pat EXCLUSION& Stirling. tie downs, concrete foundation, jacking st net are into position, use of forklift or crane, removal of tiros, wheels, axles or bitch, raising or lowaiag of structure, setting Inrildi'rg below grade, prevailing wages. stand-by time, state approved foundation, an site inspection fees, returning tires, wheels, axles, or hick to MSC, lee. &oiling 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 kcal budding department requires a change lima MBC Ine's standard set-up, coats will be based on scope of work axed billed no the cheat Additional charges for Set-up & dismsrtie Determining additional installation or dismantle charges in advance due to "non standard" conditions is isnptactiad. 7}e.rdote, all quotes are based on "normal"conditions white site is pat and level within 3" in all directions and accessible by track. The following minimum minuend charges may 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 ea., Remove or install birch S75 ea., Lower 4r raise mit 6"-18": S100-125 per "foot", Jack snit into position: $75-125Ae. per "Hoof', Real anthill end operator: S250- 350fday, Install seismic tie downs: S65-75 ca., Remove seismic tie downs: S15-20 as., Install skirting S12-14lint. Remove skirt' ism S2 3 unit Pilot can 51.25hrle each car (Mia. $125), Ttmspormiias permit: S75 pea 'Soar. Engineer approved "wet stamped" foundation plans utlizing steel piers, wood pads & seismic tie downs: $95 ea.,,DOIi approved plans for taw units: S125 ea. Seisatie'Ile Downs If tie downs are required, ed, prices will be based ea installation in dirt and acceptable sentennean conditions (no rocks or excessively hard soil). EXCLUSIONS: enppaared plam or calculations, pull out tests, sods test, removal of tic dooms, patching of asphalt or concrete after removal not included. Chem is responsible for detounining location and depth of all underground dergro nd utilities. MSC, inc- highly recommends contacting "Dig Merl' at least 3 days prior to tie down installation to determine existence of any in ground gas, water, electric, phone, data or Mignon lines. MBC, Luc. or their contractor will not be responsible for any damages to or liability from hitting utility lines. Quantity of tie downs based oa manufacturer 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. All lirres'atubbed below floor only. Client is responsible for labor and materials to manifold nod eoimwm tv manes. zun,ii.,wt sc s:,....,, .,.y-..r," ..., zt_a may timer plonking and or flatmate. Client is responsible for all damages and repairs. ELE'CTRiCAL - Connection of rt-,-oir+i subb-panels to source excluded. Multi -unit structures require inanconnecting of sub -panels. Interconnection of sub - panels or main distribution panel not iwb,drd Incorrect service or improper connection to panel may damage AVAC, electrical or lighting systQn. Client is responsible for all damages and repairs. Dismantle Dismantle is for "typical' dismantle. EXCLUSIONS: Jacking oat of position, raising or lowering structure, rental of forklift or crane, installation of tires, wheels, axis, hitch, removal of, skirting tie downs, foundation, decks, ramps, steps, awnings or any other items on or around emit Client responsible for disconne:tutgotitity lams and returning unit in the same condition as received (less normal wear and tear), and damages and cleaning charges. Steps and Rumps STEPS - Not included. Temporary metal steps are available for an additional fee. If site is salad and MBC steps are too hi"d+lbw or unstable, client is responsible for securing step and/or providing safe access. Client shall not wott-fy MEC skips. If steps we not rtr.=1 r trams, client will be charged a pick-up fee. Client is responsible for meeting all ADA and OSHA entramrlexit rots. Steps are not OSIIA compliant RAMPS/DECKS - Not included. EXHIBIT "G" Station 34 Temporary Quarters National City Public Wodcs Compound 10/9/03 Fence behaves Parsers. Croak t SW Yost 4 Fee balsam hsee i mc:hga xsbs NORTH Beaiiesi Sub Pane 100 AMP, vise — qrw Polio* EriPertoo Storage Cmlskos 121ee1 helms, W Storage & Backle.lsab Panel 106ASP.=rg.e' Phase FEL Teiisg Raasra.Nsre .1. ®® I Bectittg r.6 Pax CAMP. ale Omar. \�9xtiNSub Panel AMP. sing& plumy Et.> Td450G � `Ter G506 Captsin Captors RCfoot bestow Most Meer asrstforsast nsad ta[nd� andReport Wang WAMnr 88 feet I Sandi GON.16101-474 95 feet FLebiwsm Panel 100 AMP. s4gb Phase EXHIBIT "H" :EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 2. 2003 AGENDA ITEM NO. 8 (ITEM TITLE A RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 900 PALM AVENUE (E. FEGARIDO, TSC ITEM NO. 2003-36) PREPARED BY EXPLANATION Adam J. Landa 336-4580 DEPARTMENT Public Works/Engneering Mrs. Elvie Fegardio, the manager of Palm Plaza Apartments located at 900 Palm Avenue, has requested the installation of a red curb "No Parking" zone adjacent to the driveway serving the property. Mrs. Fegarido stated that vehicles are encroaching into the driveway, and not allowing ingress and egress from the apartment. The Traffic Safety Committee approved four feet red curb on the north side of the driveway at their meeting on November 12, 2003. CEnvironmental Review NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at it meeting of November 12, 2003, approved the four feet red "No Parking" zone on the north side of the driveway at 900 Palm Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2003-165 A-200 i9 99) RESOLUTION NO. 2003 —165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING CITY ENGINEER TO ESTABLISH A RED NO PARKING ZONE ADJACENT TO THE DRIVEWAY AT 900 PALM AVENUE (E. FEGARIDO, TSC ITEM NO. 2003-36) WHEREAS, Mrs. Elvie Fegarido, the owner of 900 Palm Avenue, has requested the installation of a red no parking zone adjacent to the driveway serving her property due to parked vehicles encroaching into her driveway and thereby not allowing ingress and egress from her property; and WHEREAS, at its meeting on November 12, 2003, the Traffic Safety Committee approved installation of a four -foot red no parking zone on the north side of the driveway at 900 Palm Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting City Engineer is authorized to establish a four -foot red no parking zone on the north side of the driveway at 900 Palm Avenue. Passed and adopted this 2nd day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 12, 2003 ITEM TITLE: 2 REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING" ZONE ADJACENT TO THE DRIVEWAY AT 900 PALM AVENUE (BY: E. FEGARIDO) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Elvie Fegarido, the manager of Palm Plaza Apartments located at 900 Palm Avenue, has requested the installation of a red curb "No Parking" zone adjacent to the apartment's driveway. According to Mrs. Fegarido, parked vehicles from her neighborhood are encroaching into the driveway thereby not allowing ingress and egress to the apartment's parking lot. STAFF RECOMMENDATION: Staff recommends the installation of 4 feet red curb "No Parking" zone on the north side of the driveway located at 900 Palm Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2003-36 FROM : FAX NO. :6194746135 Oct. 04 2003 09:20AM P1 Palm Plaza Apts. 900 Palm Avenue National City, CA 91950 Public Works Traffic Engineering Dept. 1243 National City Blvd. National City, CA 91950 (619) 336-4380 To Whom It May Concern: This is to info in you as a civic minded citizen, I would like t•; bring to your attention that the curb on drive through between Admiralty Apts. and Palm Plaza Apts. at 940 & 900 Palm Avenue, National City, CA 91950 respectively, needs to be red painted about two meters from the end curb on both side of the street. The reason is that some cars always park in the mentioned areas and. cause problem when turning left or right to the main street from the drive through. I thank you so much in advance regarding this matter, If you have any question, please contact me at (619) 474-6135 my home phone number. Sincerely, , Elvie Fegarido Resident Apt Manager SI L CA I 9th STREET SIR 11th • IT STREE City of National City, California COUNCIL AGENDA STATEMENT .IEETING DATE December 2, 2003 AGENDA ITEM NO. 9 7-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY, SPECIFICATION NO. 03-5 PREPARED BY Din Daneshfar 336-4387 EXPLANATION DEPARTMENT Public Works/Engineering SEE ATTACHED EXPLANATION J CEnvironmental Review N/A Financial Statement Approved By: The funds are available in Account Nos. 301-409-500-598-6133, 109-409-500-598-6134, 109-409-500-598-6137, and 301-409-500-598-6137. Finahce Director Account No. STAFF RECOMMENDATION //ileAdopt the Resolution. L lL BOARD / COMMISSION RECOMMEND TION ATTACHMENTS { Listed Below) Resolution No. 2003-166 1. Resolution 2. Bib Opening Information Sheets 3. Bid Proposal Spreadsheet for the three lowest bidders N/A A-200 (9 99) EXPLANATION: On November 10, 2003, five bids were received and opened for the Miscellaneous Concrete Improvements at Various Locations in National City, Specification No. 03-5. The project consists of the removal and replacement of the existing curb and gutter (235-LF), sidewalk (11,725-SF), and installation of new concrete sidewalk (14,625-SF), driveway (1035-SF) and pedestrian ramp (48-EA), including minor pavement repair, traffic control, clearing and grubbing at various locations in National City. Staff has reviewed the bid documents and found the lowest responsive bidder, Portillo Concrete, Inc. qualified to perform the work. The total amount budgeted for the work is estimated at $276,000.00.This amount includes the proposed lowest bid amount ($226,107.50), approximately 15% ($34,000) for inspection, approximately 2% ($4,500) for surveying, and approximately 5% ($11,000) for contingencies. The Bid Opening Information Sheet is attached for further review. RESOLUTION NO. 2003 —166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. FOR MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY (Engineering Specification No. 03-5) WHEREAS, the Engineering Department did, in open session on November 10, 2003, publicly open, examine and declare all sealed bids for miscellaneous concrete improvements at various locations in National City, Specification No. 03-5. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements at various locations in National City to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc. and the City of National City for miscellaneous concrete improvements at various locations in National City. Said contract is on file in the office of the City Clerk. Passed and adopted this 2"d day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney BID OPENING SPECIFICATION NUMBER: 03-5 PROJECT TITLE: MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATION OPENING DATE: MONDAY, NOVEMBER 10, 2003 TIME: 10:00AM ESTIMATE: $ 220,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. 2. 3. 4 BIDDER'S NAME AND ADDRESS (PAGE 13 OR 14) PORTILLO CONCRETE, INC. 3528 Harris Street, Lemon Grove, CA 91945 SCHEIDEL CONTRACTING & ENGINEERING,INC. P. O. Box 1796 La Mesa, CA 91944 KOCH-ARMSTRONG GEN.ENG., INC. P. O. Box 1190 Lakeside, CA 92040 5. J.M SCIBILIA, INC. P. O. Box 300855 Escondido, CA 92030 BID AMOUNT (PAGE 15) $ 226,107.50 $ 230,875.00 $ 234,434.50 $ 239,359.25 ADDENDA (PAGE 13) X X BID SECURITY (PAGE 19- CHECK) (PAGE 20- BOND) X X X X CDM CONSTRUCTION, INC. 1632 Pioneer Way El Cajon, CA 92020 $ 316,337.50 X X Misc. Concrete Improvements at various locations in National City Spec. No. 03-5 Item QTY UNIT Item Description City Of National City 1243 National City Boulevard, National City, CA 91950 Potillo Concrete, Inc. Progress Est. No. 11 /19/03 Schelde! Contracting Koch -Armstrong & Engineering, Inc. General Engineering 1 ; 1 LS Clearing & Grubbing $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 2,900.00 $ 2,900.00 2 11725 SF Conc. Sidewalk Remove & Replace per G-7 $ 5.50 $ 64,487.50 $ 6.00 $ 70,350.00 $ 5.80 $ 68,005.00 3 16 EA Install Ped Ramp per G-28, Type A-1 or Mod. $ 1,200.00 $ 19,200.00 $ 1,500.00 $ 24,000.00 $ 1,200.00 $ 19,200.00 4 4 EA Install Ped Ramp per G29, or Mod. $ 1,200.00 $ 4,800.00 $ 1,750.00 $ 7,000.00 $ 1,500.00 $ 6,000.00 5 28 EA Install Ped Ramp per G31 or Mod. $ 1,100.00 $ 30,800.00 $ 1,500.00 $ 42,000.00 $ 1,200.00 $ 33,600.00 (with curb or gravity wall on PL) $ - $ - 8 235 LF 6" or 8" Type "G" Curb&Gutter $ 30.00 $ 7,050.00 $ 32.00 $ 7,520.00 $ 37.00 $ 8,695.00 Removal & Replacement per G-2 $ - $ - 7 42 TN Variable Thickness A.C. $ 200.00 $ 8,400.00 $ 100.00 $ 4,200.00 $ 281.00 $ 11,802.00 8 1 LS Traffic Control $ 3,000.00 $ 3,000.00 $ 7,520.00 $ 7,520.00 $ 10,600.00 $ 10,600.00 14625 SF Install New Sidewalk per G-7 $ 5.00 $ 73,125.00 $ 3.00 $ 43,875.00 $ 4.10 $ 59,962.50 10 40 TN Crushed Misc. Base $ 50.00 $ 2,000.00 $ 30.00 $. 1,200.00 $ 71.20 $ 2,848.00 31 20 CY Unclassified Excavation and Fill $ 50.00 $ 1,000.00 $ 100.00 $ 2,000.00 $ 65.00 $ 1,300.00 12 1035 SF Install New Conc. Dwy. Per G14A/B $ 7.00 $ 7,245.00 $ 6.00 $ 6,210.00 $ 9.20 $ 9,522.00 (1) Total $ 226,107.50 (2) Total $ 230,875.00 (3) Total $ 234,434.50 Prepared by: ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 2. 2003 AGENDA ITEM NO. 10 (ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WITH RUDOLPH AND SLETTEN, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRE STATION PROJECT PREPARED BY Stephen Kirkpatrick 336-4580 EXPLANATION See attached explanation. DEPARTMENT Public Works/Engineering r Environmental Review Financial Statement X N/A The fee agreed upon to perform the Construction Management Approved y: Services, including reimbursable expenses, is $279,235. Funds are available in account 250-409-500-598-1588. STAFF RECOMMENDATION Adopt the Resolution that authorizes the Mayor to execute the contract with Rudolph and Sletten, Inc. to perform the services as described. BOARD / COMMISSION RECOMMENDATIC' N/A ATTACHMENTS ( Listed Below 1. Resolution 2. Contract A-200 ,9 99 Resolution No. 2003-167 Explanation: The City advertised a Request for Qualifications (RFQ) to select a consulting firm to provide the required services. Eight consulting firms submitted a Statement of Qualifications in accordance with the RFQ requirements. The nine firms were: ABS Consulting/O'Connor CM* B&G Consultants* Douglas E. Barnhart, Inc Harris and Associates ProWest, Inc. Rollins and Hanscomb Rudolph and Sletten* Vanir Construction Management Urvine, California San Diego, California San Diego, California San Diego, California Temecula, California San Diego, California San Diego, California San Diego, California A selection committee consisting of Fire Chief Don Condon, Assistant to the City Manager Randy Kimble, Acting Director of Public Works/Engineering Stephen Kirkpatrick, Project Architect Jeff Katz, and Management Analyst Lori Brown reviewed the statements and decided to interview(*) three of the firms. As a result of the interviews the three firms were ranked in the following order: B&G Consultants, Rudolph and Sletten, and ABS Consulting/O'Connor CM. Negotiations began with B&G Consultants for the required scope of services and corresponding fee. B&G's work proposal and corresponding fee far exceeded the budget for this component of the project and, in accordance the RFQ language, the committee decided to move on to the second ranked firm. The selection committee and Rudolph and Sletten, Inc. agreed to a scope of work that would successfully complete the project at a proposed cost that was within the amount budgeted. In summary, the Scope of Work includes all the work necessary to manage the project from 50% Construction Documents through the construction, FF&E acquisition, and finally move -in. Rudolph and Sletten will also manage the Contractor Outreach Program focusing on attracting the participation in the project of National City contractors and vendors. The Scope of Work and fee proposal is detailed fully in the attached contract document. RESOLUTION NO. 2003 —167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES FOR THE FIRE STATION PROJECT WHEREAS, the City desires to employ a contractor to provide construction management services during the design and construction of the new fire station; and WHEREAS, the City has determined that Rudolph and Sletten, Inc. is a professional construction management firm and is qualified by experience and ability to perform the services desired by the City, and Rudolph and Sletten, 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 Rudolph and Sletten, Inc. to provide construction management services during the design and construction of the new fire station. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 2nd day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: 4.04 George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RUDOLPH AND SLETTEN, INC. THIS AGREEMENT is entered into this 2nd day of December , 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Rudolph and Sletten, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide construction management services during the design and construction of a new Fire Station. WHEREAS, the CITY has determined that the CONTRACTOR is a professional construction management firm 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 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Mr. Stephen M. Kirkpatrick 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 August 2003 Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Mr. Rene Olivo thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The base compensation for this project is $ $260,095. Reimburseable expenses are allowed up to a not to exceed amount of $19,140. 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's Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The work shall be completed within 18 months. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR' s written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 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. 2 August 2003 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 TRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR'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 pursuant to this Agreement. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 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, 3 August 2003 been debarred by a governmental 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 CON TRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the 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. 4 August 2003 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, 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. Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employ- 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 filedwith and approved by the ees. 5 August 2003 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 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. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice 6 August 2003 of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Mr. Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Mr. Rene Olivo Project Executive Rudolph and Sletten 10955 Vista Sorrento Parkway, Suite 100 San Diego, CA 92130 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 7 August 2003 Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 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 Exhibit A — Scope for Standard Professional Services Agreement. Exhibit B — Fee Schedule Exhibit C - Reimburseables Exhibit D — Rate Schedule The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral orwritten, 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 exe ,:iced 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. 8 August 2003 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY RUDOLPH AND SLETTEN, INC (Two signatures required for a corporation) By: By: Nick Inzunza, Mayor (Name) APPROVED AS TO FORM: (Title) By: George H. Eiser, III (Name) City Attorney (Title) 9 August 2003 EXHIBIT A Scope for Standard Professional Services Agreement With National City November 20, 2003 page 1 of 1 PROJECT: NATIONAL CITY MAIN FIRE STATION 34 333 E. 16th Street, National City, CA. 91950 I. PROJECT BACKGROUND AND DESCRIPTION The existing fire station, located at 16th Street an D avenue in the City of National City, will be demolished and replaced with a modern facility. The new fire station will be approximately 18,000 square feet. The estimated construction cost of the fire station is approximately $7.75M. The entire project is estimated to cost $9.5M. The cost of construction management services in this agreement have been outlined in Exhibit B Fee Schedule dated November 18, 2003. This service agreement has been developed with the following schedule guidelines: • This project is being fast -tracked. • Design started mid July 2003. • Schematic Design of the station was recently completed [October 2003]. • The project is scheduled to begin construction in March of 2004 and take approximately 11 months to complete. II. SCOPE OF SERVICES The Construction Management firm (or Construction Manager), understood in this agreement and hereafter referenced to be by Rudolph and Sletten, Inc.; will serve as staff augmentation to the City Of National City Public Works Department in the implementation of the construction project. It is expected that the Construction Manager will manage projects from pre -construction phase to project closeout. EXHIBIT A Scope for Standard Professional Services Agreement With National City November 20, 2003 page 2 of 2 The Construction Manager will assist the City with the following activities, including, but not limited to: A. Pre -construction Phase 1. Review design documents for constructability, scheduling, consistency, and coordination 2. Provide value engineering analyses if necessary 3. Assist in the preparation of supplemental conditions for the specifications as it relates to the general requirements 4. Prepare a CPM schedule for the project 5. Monitor the design and procurement schedule 6. This scope is limited to one comprehensive independent estimate of 80% Construction Set drawings available on November 20, 2003 from the Architect. 7. Fee schedule attached in Attachment B dated November 18, 2003 does not include additional estimates as a result of addenda, plan corrections, or value engineering revisions to 80% construction drawings 8. Construction Manager is not responsible for any delivery or reproduction costs associated with the bid or construction documents B. Bidding Phase 1. Conduct a pre -bid conference with all parties in the design and development team 2. Work with City's Contractor Outreach Coordinator to attract local contractors and subcontractors to bid on the work, actual costs of advertising are not included (see attachment B dated November 18, 2003) 3. Review addenda and develop distribution methods 4. Conduct public bid opening 5. Perform evaluation and qualification review of prospective bids 6. Conduct post -bid conference and interview with potential qualified contractor 7. Assist with the preparation of agenda items for City Council 8. Provide recommendation to City of most qualified bid after analysis 9. Assist with developing a plan for assembling, delivering, and executing the contract documents C. Construction Phase 1. Review and comment on General Contractor's construction schedule throughout the course of the project 2. Review contractor's submittal and procurement schedule and make recommendations to City 3. Assemble and conduct kick-off and lay -of -the -land meeting 4. Provide continuous on -site management personnel as required and outlined in attachment B EXHIBIT A Scope for Standard Professional Services Agreement With National City November 20, 2003 page 3 of 3 Fee Schedule dated November 18, 2003 5. Establish and develop communication procedures 6. Assist and support architect's construction administration processes 7. Review and support the processing of RFI's, shop drawings, samples, and other submittals 8. Coordinate project site meetings 9. Coordinate change order control process 10. Establish and implement quality control program 11. Review monthly construction progress and prepare reports 12. Review and analyze proposed change orders and make recommendations to City 13. Determine cost and schedule effects of change orders 14. Coordinate and evaluate contractor's recovery schedules 15. Prepare change order reports 16. Coordinate monthly pay requests and make recommendations to the City 17. Verify schedule of values 18. Determine substantial completion and payments 19. Coordinate the preparation of the punch -list 20. Coordinate procurement and installation of FF&E 21. Assist in developing scope requirements for special inspection agency 22. Monitor overall budget and schedule and advise City project manager of any trends that affect the timely procedures and cost effective completion of the project 23. Review the activities of the construction inspector in the performance of the construction inspector's duties 24. Initiate and maintain project document files 25. Maintain daily diary describing general events, noting problems and unusual events 26. Submit monthly written reports to the City's project manager to reflect new contingency balance, and any other issues 27. Be familiar with the plans and specifications and the General Contractor's operations at all times 28. Personally observe, check, and measure items placed in the construction for compliance to the contract documents, technical instructions from the Project Architect/Engineer and directives from the Project Manager D. Close -Out Phase 1. Coordinate close-out procedures 2. Coordinate and expedite record drawings 3. Coordinate O&M manuals, warranties/guarantees, and certificates 4. Prepare final accounting report EXHIBIT A Scope for Standard Professional Services Agreement With National City November 20, 2003 page 4 of 4 III. ANTICIPATED PROJECT SCHEDULE Construction Management services as agreed herein are based on the following milestone dates. This agreement does not include services that extend beyond dates outlined due to unforeseen conditions, inclement weather, procurement deficiencies, City inspection, design development, City plan check, conditions as a result of an act of God, theft, or vandalism that may cause delays beyond the Anticipated Project Schedule. Design Development is complete by November 2003 Preparation of Construction Documents will complete by December 2003 Bidding opening in January 2004 Construction to start March of 2004 The Fire Station move -in should be complete and open by the end of March 2005 Close out services to complete April 2005 IV. ADDITIONAL CONDITIONS This agreement shall be accordance with the executed "Standard Professional Services Contract" dated December 2, 2003 between Rudolph and Sletten, Inc. and the City of National City Additional documents included in this agreement include: 1. Exhibit B Fee Schedule dated November 18, 2003 2. Exhibit C, Work Sheet and Fee Schedule Qualifications dated November 18, 2003 3. Exhibit D, Construction Management rate sheet dated November 18, 2003 End of Exhibit A EXHIBIT B FEE SCHEDULE NATIONAL CITY FD NOVEMBER 20, 200.3 PRECONSTRUCTION SERVICES DESCRIPTION ESTIMATING - (1) estimates and value analysis Sr. Estimator Mechanical Estimator Electrical Estimator Cost Engineer Administrative Support SUBTOTALS QUANTITY UNIT UNIT COST TOTAL 45 HRS 126.00 5,670 18 HRS 126.00 2,268 18 HRS 126.00 2,268 45 HRS 80.00 3,600 4 HRS 55.00 220 DESIGN MEETINGS - (4) two hour meetings Sr. Estimator 16 HRS 126.00 Project Executive 10 HRS 150.00 Project Manager 14 HRS 104.00 SUBTOTALS PROCUREMENT Estimator Cost Engineer Project Manager Administrative Support SUBTOTALS 14,026 2,016 1,500 1,456 4,972 16 HRS 126.00 2,016 0 HRS 80.00 0 20 HRS 104.00 2,080 8 HRS 55.00 440 ASSIST CITY'S OUTREACH COORDINATOR Project Manager 40 HRS 104.00 Administrative Support 140 HRS 55.00 4,536 4,160 7,700 SUBTOTALS I 11,860 GENERAL CONDITIONS DESCRIPTION QUANTITY UNIT UNIT COST PROJECT PERSONNEL Project Executive Project Manager Project Engineer Project FOC General Liability Insurance approx. 8/1000 SUBTOTALS TOTAL 80 HRS 150.00 12,000 38 WKS 4160.00 156,541 200 HRS 80.00 16,000 200 HRS 55.00 11,000 2,100 CLOSE OUT PROJECT PERSONNEL Project Manager Project Engineer Project FOC SUBTOTALS 195,541 1 WKS 4160.00 4,160 45 HRS 80.00 3,600 40 HRS 55.00 2,200 PROJECT SITE OFFICE Office Equipment - Computer, Fax 9,960 11 MOS 800.00 8,800 page 1 of 2 EXHIBIT B FEE SCHEDULE NATIONAL CITY FD NOVEMBER 20, 2003 Office Supplies Postage, Courier, Federal Express SUBTOTALS 11 MOS 300.00 3,300 11 MOS 300.00 3,300 PROJECT VEHICLE EXPENSES Trucks/Cars (Included in Labor Rates) Car Expense (Included in Labor Rates) Fuel SUBTOTALS N/A N/A 11 MOS 250.00 15,400 2,750 2,750 TOTAL PROJECT END OF EXHIBIT B 260,095 page 2 of 2 EXHIBIT C Fee Schedule Worksheet Additional Conditions and Qualifications to Fee Schedule NATIONAL CITY FIRESTATION NOVEMBER 20, 2003 Reimbursable Costs Temp. Office Mobilization/Demobilization - packaging, office set up, delivery, transport $500 Protective Equipment/First Aid Supplies for City Staff and R&S Only $150 Blue Printing/Reproduction Costs (miscellaneous over counter, copies, etc. not bid documents) $1,500 Progress Photographs (equipment, materials, etc.) $850 Advertising for Bids/Postage $500 Advertising for Outreach Program/Mailers/Fax Mailers/running articles mailers $1,250 San Diego Business Journal 858.277.6359 1/2 page four weeks $2,000 San Diego Union Tribune 619.299.212619.297.6083 weeks - 2x2 inch ad $2,500 San Diego Daily Transcript (619) 232-4381 $1,750 National City Chamber of Commerce web site http://www.nationalcitychamber.org/ $200 Miscellaneous minority publications $2,000 Local Outreach Meetings (excl. labor) Miscellaneous expenses 1yr (tolls, parking, file recording, meetings, etc.) Projected actual cost of reimb Projected reimbursables with Contractor mark up of 10%: Total projected reimbursable cost Exclusions (provided by General Contractor] Temp. Office Rental Office Cleaning Telephone Service - Pac Bell & DSL connection jobsite Scheduling Temporary Power jobsite Temporary Water Jobsite Copier Jobsite Office Furniture Proprietary management software to accommodate General Contractor Exclusions Toilets/Handwash Stations Dumpster/Debris Box Security Guard Services Security Site Fencing Barricades Traffic Control Dust Control Survey, Staking & Restaking Daily Clean Up Final Clean Up SWPP Implementation and Maintenance Testing and Inspection Design Fees Asbestos and Lead Abatement Building Permit and Plan Check Fees Utility Company Fees Blueprints END OF EXHIBIT C x1.10 $3,000 $1,200 $17,400 $1,740 $19,140 page 1 of 1 RV DOLPH,l, SLE T TEN Schedule of Fees EXHIBIT D RATE SCHEDULE National City Main Fire Station Fee schedule as follows: Title Hourly rate Project Executive $150 Sr. Project Manager $126 Project Manager $104 Sr. Superintendent $126 Superintendent $104 Sr. Project Engineer $80 Project Engineer $63 Project Engineer Intern $43 Sr. Mechanical Coordinator $126 Mechanical Coordinator $104 Safety Manager $126 Safety Inspector $104 Quality Manager $95 Sr. Cost Engineer $80 Cost Engineer $63 Sr. Project Estimator $126 Project Estimator $104 Electrical Estimator $126 Mechanical Estimator $126 Sr. Project Accountant $70 Project Accountant $63 Sr. Field Office Coordinator $63 Field Office Coordinator $55 Administrative Assistant $55 NOVEMBER 20, 2003 END OF EXHIBIT D National City Main Fire Station Page 1 of 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 2, 2003 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP FOR DEVELOPMENT OF 16 SINGLE-FAMILY HOMES, WITH A SEPARATE PARCEL FOR PRIVAIt 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) (CASE FILE NO.: S-2003-4) PREPARED BY 33DEPARTMENT EXT. EXPLANATION Roger Post 6-4310 Planning The City Council voted to approve this item at the November 18, 2003 public hearing. The attached resolution is needed to follow through on the action Environmental Review Financial Statement STAFF RECOMMENDATION Adopt the attached resolution. NSA Categorical Exemption MIS Approval BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Lasted Below ) Resolution A-200 (Rev. 7/03) Approved By: Finance Director Account No. Resolution No. 2001-16R RESOLUTION NO. 2003 —168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 NORTH HIGHLAND AVENUE, APPROXIMATELY 50 FEET SOUTH OF BUCKY LANE. APPLICANT: URBAN INNOVATIONS, LLC. CASE FILE NOS. S-2003-4. WHEREAS, application was made for 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 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, California, considered said application at public hearing held on September 15, 2003, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on November 11, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2003-4 which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 Council of the City of National City, California, that it hereby approves the 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 based on 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 Resolution No. 2003 —168 December 2, 2003 Page Two 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. Resolution No. 2003 —168 December 2, 2003 Page Three 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, 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 is hereby approved subject to the following cond itions: 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. 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 Resolution No. 2003 —168 December 2, 2003 Page Four 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 Califomia Plumbing Code, the California Electrical Code, and Califomia 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 Department's 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 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. Resolution No. 2003 —168 December 2, 2003 Page Five 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 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. 18. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Code 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. Resolution No. 2003 —168 December 2, 2003 Page Six 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 section17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2003 —168 December 2, 2003 Page Seven BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. Passed and adopted this 2"d day of December, 2003. Nick lnzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 02, 2003 AGENDA ITEM NO. -12 (ITEM TITLE WARRANT REGISTER #21 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #21 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. - STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 223,282.22. BOARD / COMMISSION REC + MMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #21 2. Workers Comp Warrant Register dated 11/12/03 Resolution No. A-200 (9;991 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE December 2, 2003 AGENDA ITEM NO. 122 ITEM TITLE CLAIM FOR DAMAGES: Eddie R. Bufkins PREPARED BY Michael R. Dalla, CM PARTMENT City Clerk EXPLANATION The claim of Eddie R. Bufkins arises from an occurrence on October 19, 2003 and was filed with the City Clerk's Office on November 3, 2003 1 Environmental Review XX N/A Financial Statement 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 ? Listed Below i N/ A Resolution No. A-200 (9199) City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE December 2, 2003 AGENDA ITEM NO, 14 ITEM TITLE CLAIM FOR DAMAGES: William Crouse PREPARED BY Michael R. Dalla, CMLPARTMENT City Clerk EXPLANATION The claim of William Crouse arises from an occurrence on August 22, 2003 and was filed with the City Clerk's Office on October 31,2003 Environmental Review y N/A Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACNMENTS ,fisted Below ) N/A Resolution No, A-200 (9/99) .4EETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 2, 2003 **Refer to Item #4 AGENDA ITEM NO. 15 ITEM TITLE Resolution Authorizing Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. PREPARED BY Lt. Keith Fifield EXPLANATION DEPARTMENT Police On October 21, 2003, the City Council passed resolution NO. 2003-148 accepting $88,033 in FY 2003 United States Department of Justice Local Law Enforcement Block Grant funds. After the resolution was passed, the police department began the "Request for Drawdown" of funds process. This process requires that the Local Law Enforcement Block Grant Advisory Board meet to discuss and vote on the police department's expenditure proposal and that a public hearing be held. The LLEBG Advisory Board held an open public meeting on Friday, November 21, 2003, where the police department's expenditure proposal was presented to the LLEBG Advisory Board. At the end of the meeting the LLEBG board voted unanimously (5-0) to recommend approval of the proposal. (Continued) Environmental Review XXN/A Financial State en No impact to General Fund. Local match from Asset Forfeiture Funds. STAFF RECOMMENDATION Approve the Resolution 6" vim. 41v Account No. 131-411-000-515-0000 255-411-000-515-0000 255-411-000-299-0000 BOARD I COMMISSION RECOMMENDATION On November 21, 2003, the LLEBG Advisory Board voted unanimously (5-0) to recommend the Approval of the proposed expenditures. ATTACHMENTS ( Listed Below ) A FY 2003 LLEBG Application Resolution No. 2003-169 A-200 (9/80) Page 2 Resolution Authorizing Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. Disparate Jurisdiction Explanation San Diego County is certified by the State Attorney General's Office as being a disparate jurisdiction. A disparate situation exists when one municipality's LLEBG eligible funding amount is greater than 200 percent, or multiple municipalities' eligible funding amounts are greater than 400 percent of the funding amount for the adjacent county. In our case, there is 400 percent disparity with the adjacent counties. The remedy for this disparity is for the County to submit a plan to the state addressing reallocation of funds. Several jurisdictions at the disparity level agreed, because of deadline constraints, to allocate 20% of their FY 2003 funding to the San Diego County Adult Drug Court Program. Unlike last year, there was a prolonged debate about the amounts each jurisdiction wanted to allocate because of the State's fiscal problems.. Jurisdictions were asked to allocate 20% as they did last year. Most jurisdictions complied with the County's request but some allocated less than 20%. Every jurisdiction allocated at least 10%. We felt that in the spirit of cooperation and fairness, that 20% was a reasonable request and agreed to that amount. Based on the agreements, the county released the cities from the disparate process so we could complete the LLEBG applications within the allotted time periods. The police department's proposal to expend 20% of the FY 2003 LLEBG funds to the San Diego County Adult Drug Court program was also unanimously approved by the LLEBG Advisory Board. Proposal The total amount of the FY 2003 LLEBG funds is $88,033. $79,230 is the federal share and $8,803 is the local match. The local match, if the resolution is approved, will be taken from the asset forfeiture/seizure fund. The police department is requesting a resolution that would authorize the appropriation of 80% of the LLEBG funds, or $72,187, for the purchase of Computer Aided Dispatch (CAD) workstation upgrades for the Dispatch, Records and Crime Analysis units, a Mobile Data Computer (MDC) upgrade for patrol and a Digital Camera System for use in homicide investigations and other serious crimes. We also request that 20%, or $15,846, be appropriated to the County of San Diego for expenditure in the Adult Drug Court program to satisfy the disparate jurisdiction situation. The CAD and MDC upgrades are necessary to keep the systems up to date and running. They were both funded through grants several years ago and funds have not been available from the department budget to account for growth, upgrades or repairs to keep the systems current and operable. On the following page is a breakdown of the budget proposal. (Continued) Page3 Resolution Authorizing Appropriation of FY 2003 Local Law Enforcement Block Grant Funds. Expenditures: Mobile Data Computer Upgrade $53,024 90 Windows Office XP std. Licenses 95 Windows XP Pro Licenses 2 Additional MDC Licenses 2 Additional CF-28 Laptops Computer Aided Dispatch Upgrade $13,863 Tritech Project Services Two Monitor Workstation One Monitor Workstation Hardware Digital Camera System Nilson D100 Digital Camera and all accessories, including but not limited to lenses, carrying cases, batteries, memory, software tripods, flash, cords and cables. $5,300 San Diego County Adult Drug Court Program $15,846 Total = 88,033 City account numbers set up for this grant: Asset Forfeiture (Local Match) #131-411-000-515-0000 2003 FY LLEBG #255-411-000-515-0000 S.D. Drug Courts #255-411-000-299-0000 RESOLUTION NO. 2003 —169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF $88,033 IN FY 2003/2004 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT WHEREAS, on October 21, 2003, Resolution No. 2003-148 was adopted by the City Council authorizing the acceptance of the 2003 Local Law Enforcement Block Grant ("LLEBG") funds from the United States Department of Justice which awarded $88,033 in grant funding to the City of National City; and WHEREAS, the Police Department has requested the appropriation of $72,187 in grant funding to Police Department Account Nos. 131-411-000-515-000 (Asset Forfeiture) and 255-411-000-515-000 (FY 2003/04 LLEBG) for the purchase of Computer Aided Dispatch (CAD) workstation upgrades for Dispatch, Records and Crime Analysis units, a Mobile Data Computer (MDC) upgrade for patrol, and a Digital Camera System for use in homicide investigations and other serious crimes; and WHEREAS, the Police Department has requested the appropriation of the remaining $15,846 in FY 2003 Local Law Enforcement Block Grant funds be appropriated to Account No. 255-411-000-299-0000 (FY 2003/04 San Diego Drug Court) for expenditure in the County of San Diego the Drug Court Program; and WHEREAS,'Ithe Police Department's request was considered and approved by the Local Law Enforcement Block Grant Advisory Board at their meeting of November 21, 2003; and WHEREAS, the Police Department's request was considered and approved by the City Council at a public hearing held on December 6, 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of $72,187 in FY 2003 Local Law Enforcement Block Grant funds for the purchase of Computer Aided Dispatch (CAD) workstation upgrades for Dispatch, Records and Crime Analysis units, a Mobile Data Computer (MDC) upgrade for patrol, and a Digital Camera System for use in homicide investigations and other serious crimes. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $15,846 in FY 2003 Local Law Enforcement Block Grant funds be appropriated to the County of San Diego for expenditure in the Drug Court Program. Passed and adopted this 2nd day of December, 2003. ATTEST: Michael Della, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: Georg�iser, Ill, City tto ney fret Appilcation rage iori Application was submitted on August 26, 2003 06:26:17 PM EDT. LLEBG FY 2003 Application Date Certified : 26-AUG-03 (Date Submitted : 26-AUG-03 Jurisdiction Information (Disparate) Jurisdiction: County: City Coun SAN DIEGO Ike CALIFORNIA I�fA Number: 16.592 Budget Information Eligible Award Amount: $88,033 Final Award Amount $79,230 Match Amount: $8,803 Matching Funds Description: State and Local Government Units CEO Information Title: Acting City Manager Name Prefix: Mr. Last Name : Morse First Na Park Address: 1243 National City Boulevard National City, California, CA 91950-4397 Telephone: (619) 336-4249 Fax: (619) 336-4327 Email: �. crno.d.national- - - .. et dnlvRtdld tin Title: Lieutenant Name Prefix: Mr. Last Name : Fifield First Name : Keith Address: 1200 National City Boulevard National City, CA 91950-4397 Telephone: (619) 336-4543 Fax: (619) 336-4525 Email: kfifieldect.national- dty.ca.us Application Details Date Agreed to Trust Fund Requirement 19-AUG-03 Applicant is PSOHBSCompliant: Date Agreed to SPOC Requirement 19-AUG-03 Date Agreed to SAA Review Requirement 19-AUG-03 Date Agreed to Certifications: 26-AUG-03 Date Agreed to Assurances: 26-AUG-03 --rre4C4 AA a ) https://grants.ojp.usdoj.gov/llebgs//llebg2000.Ilebg_main.app_readonly?p bgid=5&paction... 8/26/03 City of National City, California COUNCIL AGENDA STATEMENT December 2, 2003 16 EETING DATE AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY Th 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) PREPARED BY RCP DEPARTMENT EXT. Roger G. Post, 336-4310 Planning EXPLANATION The Council voted to approve this item at the November 11, 2003 public hearing. Numerous conditions of approval were added or modified at that time, and are contained in the attached resolution. Environmental Review Financial Statement N/A X NSA Exemption STAFF RECOMMENDATION Adopt the attached Resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map MIS Approval Approved By: Finance Director Account No. Resolution No, 2003-170 A-200 (Rev. 7/03) RESOLUTION NO. 2003 —170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 City Council 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 the regularly scheduled City Council meeting of November 11, 2003, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2003-21 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this action recited herein is found to be essential for the preservation of public heal,h, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on November 11, 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. Resolution No. 2003 — 170 December 2, 2003 Page Two 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 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. All functions/events shall end not later than 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, and only person over the age of 21 shall be permitted to serve alcoholic beverages. 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. Resolution No. 2003 — 170 December 2, 2003 Page Three 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. Concerts, wrestling matches and other entertainment events are allowable subject to issuance of a Temporary Use Permit for the event. 16. The facility shall remain in compliance with the Noise Ordinance (Title 12) of the Municipal Code. 17. Repeated occurrences of unruly behavior shall constitute grounds for revocation of this permit. 18. The use of self-service and/or over -ice displays of alcohol products is prohibited. 19. Not more than one alcoholic beverage shall be served to a person at a time. 20. Submit to the Planning Department a written policy clearly describing the process by which alcohol will be served. The vendor and/or establishment shall adhere to said policy. 21. Alcoholic beverages shall not be served within one hour of the close of any event. 22. Whenever alcoholic beverages are served, food and other beverages (e.g. punch, water, coffee, etc.) shall be served/provided. Resolution No. 2003 — 170 December 2, 2003 Page Four 23. All alcoholic beverages shall be served in 8 ounce, or smaller, cups. No pitchers or bottles are allowed outside of the bartending area. 24. Alcoholic beverages are not permitted to be brought in from outside during events. 25. The main entrance to the facility shall be on the west side of the building. 26. Security cameras shall be placed on the outside of the building. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. Passed and adopted this 2nd day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Liser, Ill City Attorney PROJECT LOCATION CITY BOUNDARY ZONE BOUNDARY *BD 410NW LOCATION MAP Private Event Hall at 1830 Sweetwater Road CUP-2003-21 NATIONAL CITY PLANNING DRN. DATE: 9/24/03 INITIAL HEARING'' 10/6/03 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 2, 2003 AGENDA ITEM NO. 17 ITEM TITLE ORDINANCE AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 4.06 RELATING TO ADMINISTRATION AND COLLECTION, AND AMENDING TITLE 4, CHAPTER 4.24 PERTAINING TO SALES TAX, CHAPTER 4.32 PERTAINING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 6, CHAPTER 6.04 LATING TO BUSINESS TAXES PREPARED Alison Hunter pc t DEPARTMENT Finance Ext. 4332 Financial Services Officer EXPLANATION See attached explanation. CEnvironmental Review N/A Financial Statement Not Applicable Approved By: s n- `. ell rector Account No,. STAFF RECOMMENDATION Approve Ordinance. BOARD I COMMISSION RECOMMENDATION ATTACHMENTS Ordinance d Below ) Resolution No. A-200 (9/99) Explanation: This ordinance proposed for adoption by the Council will accomplish the following: 1) Provides authority for charging penalties plus interest at the rate of 1.5% per month on unpaid indebtedness to the City. These general provisions were requested by the Finance Director and would apply only when an ordinance, franchise or written agreement fails to address the issue of penalties and interest on unpaid taxes, debts and other revenues owed to the City. 2) Allows for a cost recovery of audit fees and related charges incurred by the City in auditing tax and revenue accounts when an underreporting of tax or revenue is discovered by the audit. 3) Provides authority for the Director of Finance and the City Attorney to prosecute the claim to judgment whenever charges are not paid within a reasonable time following demand. 4) Adds a provision to the Sales Tax chapter to require the top 100 Sales and Use Tax generators to provide the City Finance Department with a copy of Sales Tax information submitted to the Board of Equalization. This will reduce the amount of submission errors by companies who provide quarterly reports to the State. 5) Increases the interest rate on unpaid Transient Occupancy Tax from 0.5% to 1.5%. 6) Provides authority for City contractor acting as a business license auditor to examine the records and practices of any place of business in the City to ascertain whether the entity is incompliance with the City Ordinance. The Finance Department has submitted a copy of the proposed ordinance related to Sales Tax reporting to the Mile of Cars Association and the National City Chamber of Commerce. The National City Chamber of Commerce responded as follows, "We feel the change in the Ordinance would greatly benefit the City in the savings and commissions to an outside firm who audits the sales tax report". The Mile of Cars Association agreed to provide information for its members if each agrees individually; otherwise we have to separately contact each organization. ORDINANCE NO. 2003— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 4.06 PERTAINING TO ADMINISTRATION AND COLLECTION, AND AMENDING TITLE 4, CHAPTER 4.24 PERTAINING TO SALES TAX, CHAPTER 4.32 PERTAINING TO TRANSIENT OCCUPANCY TAX, AND AMENDING TITLE 6, CHAPTER 6.04 PERTAINING TO BUSINESS TAXES BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 4 is amended by adding chapter 4.06 to read as follows: CHAPTER 4.06 ADMINISTRATION AND COLLECTION Sections: 4.06.020 Cost recovery for penalties and interest on certain indebtedness owed to the city. 4.06.030 Cost recovery for audit services 4.06.040 Collection 4.06.020 Cost recovery for penalties and interest on certain indebtedness owed to the city. A. Except as provided otherwise by ordinance, franchise or an agreement approved by the city council, penalties or interest, or both, shall be charged against unpaid taxes, debts and other revenues owed to the city as follows: 1. Interest. Interest shall be charged at the rate of one and one-half percent (1.5%) per month or fraction thereof on the unpaid balance, exclusive of penalties, of all taxes or debts owed to the city after the date the remittance first became delinquent until paid. 2. Penalty. Penalty shall be assessed on the unpaid balance after the due date against unpaid taxes, revenues and other fees established by ordinance at the rate of ten percent (10%), or at the rate of twenty-five percent (25%) for the intentional or fraudulent failure to pay the amount due. The penalty shall be assessed on a one-time basis. B. The finance director may authorize the execution of an agreement to pay the delinquencies in subsection A and any interest and penalty due in monthly installments over a period not to exceed one year. Execution of the agreement shall not exonerate previously accrued interest and penalty against the account, but no further interest shall accrue on amounts included in the agreement while the debtor is not in breach of the agreement. If, however, a default in payment occurs, then the deferred interest on the unpaid balance shall reattach back to the date of execution of the agreement and shall become due and payable. C. The city manager or the finance director, upon the concurrence of the city attorney, may waive penalties or interest, or both, in whole or in part, when it is determined that such waiver is in the best public interest. 4.06.030 Cost recovery for audit services. The costs and related charges incurred by the city in auditing tax and revenue accounts are subject to cost recovery when an underreporting of tax or revenue is determined by audit. Recoverable costs shall include the costs paid to an auditor or audit recovery service, or the salary and overhead of city staff auditors performing the audit. Interest and penalties shall be due on the underreported revenue or tax deficiency from the date the amount was due until it is paid in accordance with section 4.06.020. When appropriate, collection costs shall also be subject to cost recovery pursuant to section 4.06 040. 4.06.040 Collection. A Whenever charges are not paid within a reasonable time following demand, the Director of Finance and the city attorney, as applicable, are authorized to prosecute the claim to judgment in an appropriate court with jurisdiction and to take any other action appropriate for collection without further direction from the city council after demand has been refused. The Council shall be notified when litigation is initiated. B. The city attorney is authorized to collect any amounts due by civil or administrative action, or both, together with all costs incurred in the collection of that indebtedness after demand for payment has been refused. Costs for legal services shall be based on actual billings for legal services or, when performed by the city attorney, the charges for comparable and customary hourly attorney fees charged in San Diego County. follows: Section 2. That Title 4, Chapter 4.24 is amended by adding Section 4.24.180 to read as 4.24.180 Furnishing of Board of Equalization Schedule C (BOE 530) and Schedule F (BOE 531-F) by designated taxpayers. A. In order to ensure proper allocation of sales tax revenue and avoidance of penalties and interest to affected businesses, the city council finds it is important to the viability of both the city and the business economy that sales tax revenues be tracked more efficiently. It is the intent of this section to develop a mechanism to allow timely comparison of sales tax activity with receipts from the State Board of Equalization. Accordingly, designated businesses within the city are required to furnish the city with current copies of Board of Equalization (BOE) Schedule C (BOE 530 DETAILED ALLOCATION BY SUBOUTLET OF UNIFORM LOCAL SALES AND USE TAX) and Schedule F (BOE 531-F DETAILED ALLOCATION BY CITY OF 1% UNIFORM LOCAL SALES AND USE TAX) when filing their quarterly sales and use tax returns with the BOE. The copy shall be provided to the finance director no later than fifteen (15) days after the date the return is due at BOE. B. The finance director is responsible for determining those businesses that rank within the top 100 sales tax producers and notify those businesses of the requirement under this section to provide copies of the schedules to the city finance department. No business shall be informed of or be provided the identity of any other business on the list of designated businesses. C. BOE Schedules C and F shall be used by the finance director solely for the purpose of ensuring that the city receives appropriate sales tax credit from the BOE, and for no other purpose. Such verification may include discussion with the concerned business providing the copy regarding sales tax allocation by that business. The copies of Schedules C and F are not public records and shall not be released to any person or entity outside the city finance office. The copies of schedules furnished to the finance director shall be treated as confidential documents pursuant to Revenue and Taxation Code section 7056, and shall be destroyed upon verification by the city that proper sales tax allocation has occurred and city revenues have been credited accordingly. Any list of designated businesses shall also be treated as a confidential document and shall not be publicly released. Data from individual copies of Schedules C or F may be combined into a statistical or financial abstract, provided there is no identification of any individual business. 2 D. Violation of this section by any city official, officer or employee is subject to penalty as prescribed by law. Section 3. That Title 4, Chapter 4.32 is amended by amending Section 4.32.080 to read as follows: 4.32.080 Delinquency —Penalties —Interest. A through C — No change. D. Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one and one-half percent (1.5%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E through F — No change. Section 4. That Title 6, Chapter 6.04 is amended by amending Section 6.04.150 to read as follows: 6.04.150 Audit. The collector has the authority to examine by audit and any other accepted accounting process the records and practices of any place of business in the city to ascertain whether the provisions of this chapter have been complied with. A business that misstates its gross receipts or basis for tax liability may be liable for the city's actual costs of audit when the understatement is greater than five -percent (5%) of the actual gross receipts or basis for tax liability, irrespective of whether the understatement results in any change in the tax due. Penalties and interest under Section 6.04.370C shall be collected on the balance of any tax due. PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 3 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE December 2, 2003 AGENDA ITEM NO. 18 i-ITEM TITLE AN ORDINANCE AMENDING CHAPTER 10.19 OF THE NCMC PERTAINING TO THE SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES PREPARED BY EXPLANATION Rudolf Hradecky ext. 4222 DEPARTMENT City Attorney /''` This ordinance incorporates changes to allow for the forfeiture of vehicles and equipment used in illegal dumping, as requested by the City Council. It also upgrades our existing ordinance on forfeiture of public nuisance vehicles used for prostitution and illegal drug transactions. This version also includes provisions for ordering impoundment and/or forfeiture of heavy equipment used for illegal grading and excavation. Vehicles that will therefore be subject to impoundment and/or forfeiture will include cars, pickup trucks, dump trucks, or construction equipment used in the violation. CEnvironmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A >ATTACHMENTS ( Listed Below ) Strike -out of revisions Ordinance Resolution No. A-200 (9.99} Chapter 10.19 SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES 10.19.010 Public nuisance vehicles. Any vehicle defined belowjs declared to Ima public nuisance, and ,hat vehicle shall be enjoined and abated as provided in this chapter. Any person or his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle (hereinafter referred to as:vehicle"), used for any of the purposes or acts set forth in this section is guilty of and responsible for maintaining a public nuisance, ,1. Any vehicle used to solicit or to agree to engage in or to engage act of prostitution; or, 2._Any vehicle used to attempt to procure another person for the purposes of prostitution or to procure another person for the purposes of prostitution; or, .3. Any vehicle used to cause, induce, persuade or encourage, by promises, threats, violence, or by any device or scheme, another person to become a prostitute; or, ,4. Any vehicle used to illegally sell, transfer or acquire or attempt to illegally sell, transfer or acquire any controlled substance; or, 5. Any vehicle that is used for purposes of illegal dumping, illegal grading or illegal excavation on public or private property. 10.19.620 Definitions. Within this chapter, the following meanings shall apply: - A. "Bo_ky item" means any_ discarded furniture,home or industrial appliance or any abandoned vehicle or a part of an abandoned vehicle. Deleted: 15 - p. "Controlled substance" means a drugsubstance or irnmediftprecursor that is listed in any schedule in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058. C"Driver" means any person who drives or is in phoical control ofa vehicle defined in this section. D.. "Hazardous waste" means any waste as defined in California Health and Safety Code Section 25117. E. dumping: means the willful throwing, droppingplacing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. "illegal dumping" does not include , the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. F "Illegal excavation" or "illegal grading" refers to the moving of earth on or -- removal of earth from private or public property without a permit required by law or the National City Municipal Code. G. :'Prostitution" means engaging in lewd or sexual conduct for money or other consideration. Formatted: Header, Line spacing: single Deleted: used to solicit or facilitate an act of prostitution. or to acquire or attempt to acquire any controlled substance, Deleted: the Deleted: the property Deleted: (Ord. 2218 § 1, 2003) Formatted: Font Nat Bold Formatted: Justified, Indent First One: 0.99" Formatted: Font Not Bold Formatted: Font: Not Bold Formatted: Font Not Bold Formatted: Justified, Indent First line: 0.51" j Formatted: Font Not Bold I Formatted: Font Not Bold Formatted: Font Not Bold Formatted: Font Not Bold Formatted: Font: Not Bold t Formatted: Font Not Bold Formatted: Justified, Indent Left: 0.04", First line; 0.48" Formatted: Font Not Bold ( Deleted:511 Formatted: Footer 4- It 'Solid waste" means all putrescible and non-putrescible solid, semisolid - and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes. dewatered, treated or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. I. 'Vehicle", for purposes of this chapter, means any, transportation device that is equipped with a motor, hat is pulled by a transportation device with a motor, or requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven without regard to whether it is required to be registered with the California Department of Motor Vehicles or the motor vehicle department of another iurisdiction. it includes, without limitation, automobiles picku trucks, dump trucks, tractor -trailers, earth movers, earth graders and bulldozers at 10.19,030 Declaration by court or City Attorney,, Upon proof that a vehicle was used for any of the purposes set forth in Section 10.19.010, the court upon application, or the city attorney upon compliance with the applicable sections of this chapter, may declare the yehicle a public nuisance and order that the yehicle be forfeited, sold, and the proceeds distributed as set forth in Section 10.19.1qo. (Ord. 2218 § 1, 2003) 10.19.040, Rijn title and interest in yehicle,, All right, title and interest in any vehicle described in Section 10.19.010 shall vest in the city upon commission of an act giving rise to the public nuisance declared under this chapter. (Ord. 2218 § 1, 2003) 10.19,050 Seizure. A. Vehicles subject to forfeiture under this chapter may Formatted: Header, Line spacing: single Formatted: Font: Not Bold Formatted: Justified, Indent: Hrst fine: 0.51' Formatted: Font: Not Bold Deleted: or Deleted: or any other type o transportation derice Deleted: requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven.. Deleted: 020 Deleted: Deleted: property a Deleted: property Deleted: 9 'f Deleted: IDeleted: proDertv Deleted: be seized by any peace officer or code compliance officer upon process issued by any (Deleted: property having jurisdiction over the vehicle, Deleted: 040 B. Seizure without process may be made,wlyeri any of the following situations Deleted: property exist: Deleted: 1. The seizure is incident to an arrest with or without a warrant, or a Deleted: W search under a search warrant or 2. There is probable cause to believe that the yehicle was used in violation of this chapter. (Ord. 2218 § 1, 2003) 10.19.06Q Receipts. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession the vehicle was seized, in accordance with Section 1412 of the Penal Code. (Ord. 2218 § 1, 2003) 10.19.07Q Evidence. Any vehicle seized pursuant to Section 10.19.05,08, - Deleted: where appropriate, may be held for evidence. The city attorney shall have the authority '=.: Delete: Property to institute and maintain proceedings pursuant to the authority conferred by this chapter. Deleted. ,tt The seizure and impoundment of a public nuisance vehicle as evidence neither requires -{ Dewed, prd niss 2c03) nor precludes forfeiture proceedings under this chapter. tDeleted: property f Deleted: QfQ f Deleted: 511 { Formatted: Footer 4- the appropriate state motor vehicle registry. The post -seizure headily shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential ‘, claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post -seizure requirement. lithe vehicle is not subiect to registration or is not registered, notice shall be provided to any person or entity with an apparent interest, ,. such as may appear by inscribed or painted legend appearing on the vehicle; if no legend is apparent, a notice shall instead be published in a newspaper of general circulation describing the vehicle and an advice regarding the seizure and potential forfeiture. Failure to provide notice when no apparentindicator of ownership is available, - proceeding under this chapter. Fonnotted: Header, Line spacing: single 10.19.084 Forfeiture. A. Except as provided in subsection G of this section, if -{ Deleted: 070 the city attorney determines that a vehicle described in Section 10.19.010 is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Superior Court of San Diego County. B. A petition for forfeiture under this subdivision shall be filed as soon as I practicable, but in any case, within one yearjollowing the seizure of theyehicle which is subject to forfeiture. Deleted: property C. The city attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of San Diego County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied I by a claim form as described in Section 10.19.0a0 and directions for the filing and service of a claim. D. An investigation shall be made by the National City police department as to any claimant to a vehicle whose right, title, interest or lien is of record in the California Department of Motor Vehicles or pther jurisdiction of vehicle repistration„The pational - Deleted: aPProPriate federal agencY City police department shall ,send a notice within two business days following the Deleted: seizure for a post -seizure hearing to determine the validity of the seizure to each legal and/or registered owner of a vehicle at his or her address appearing in the records of { Deleted: 8 Deleted: If the Deleted: the Deleted: finds that any person, other than the registered owner, is the legal owner thereot and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it \ Deleted: forthwriti Deleted: the Deleted: appearing on the records of the Department of Motor Vehicles or appropriate federal agency. or failure to receive notice when indication is available, shall not invalidate any [micas& is are Deleted: indicium E. All notices shall set forth the time within which a claim of interest iInserted: is n the invalidate any proceeding under this 'are available, shall not yehicle seized or subject to forfeiture is required to be filed pursuant to Section chapter. 10.19.040. '-‘, F. With respect to vehicles described in Section 10.19.010 for which 1Deleted: FroPertY forfefturejs contested, the city shall have the burden of proving by a preponderance of ' the evidence that the vehicle was used as set forth in Section 10.19.010. G. The city attorney, pursuant to this subsection, may order the forfeiture of vehicles seized under this chapter. The city attorney shall provide notice of the proceedings under this subsection, including: 1. A description of the vehicle; 2. The date and place of seizure; 3. The violation of law alleged with respect to forfeiture of the yehicle; I Deleted: 8 Deleted: is sought and as to which forfeiture Deleted: property Deleted: 51 Fonnatted: Footer 4. The instructions for filing and serving a claim with the city attorney I pursuant to Section 10.19.040 and time limits for filing a claim. H. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the vehicle in accordance with Section 10.19.1 go. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the I forfeited iehicle The city attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. t. If a claim is timely filed, then the city attorney shall file a petition for forfeiture with the Superior Court pursuant to this section within thirty days of the receipt of the claim. (Ord. 2218 § 1, 2003) J. Forfeiture proceedings shall not be applicable to any vehicle that was reported stolen prior to the act proscribed in section 10.19.010. unless it shall appear that the report was false, that the identity of the registered owner cannot be reasonably ascertained or that the registered owner failed to redeem the vehicle within sixty (60) days after seizure. Otherwise, the registered owner of a stolen vehicle may claim the vehicle upon payment of tow. storage and release charges, provided that the vehicle is not subiect to any other holds prescribed by the Vehicle Code for traffic, parking or current registration violations. 10.19.09Q, Interest claim. A. Any person claiming an interest in the vehicle seized pursuant to Section 10.19.010 must, within ten days from the date of the notice of seizure, file with the city attorney a claim, verified in accordance with Section 446 of I the Code of Civil Procedure, stating his or her interest in the yehicle, B. 1. If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty days after receipt of the claim, 2. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there Ishall be no joinder of actions, no coordination of actions except for forfeiture proceedings, nor cross -complaints, and the issues shall be limited strictly to the questions related to this chapter. C. In lieu of forfeiture, an interested party may pay the fair market value of the vehicle seized to the agency or official prosecuting the forfeiture proceedlingand reclaim the vehicle, (Ord. 2218 § 1, 2003) 10.19.10_q. Sale of vehicles. In all cases where vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid as settlement in lieu of forfeiture of the vehicle, and the proceeds of sale or settlement shall be distributed and appropriated as follows: Ati To the city attorney and the local law enforcement _ agency for al. expenditures incurred in connection with the publication of the notices set forth in Section 10.19.0§,0, and the sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; 5• Formatted: Header, tine spacing: single Deleted: 8 J f Deleted: property ---{Deleted: 9 ----{ Deleted: property Deleted:. { Deleted: M { Deleted: property Deleted: CDeleted: tlaaeh om Deleted:. , Dales +!!min •, Deleted: Deleted: 090 Deleted: A. Deleted: - Deleted: To any bona fide innocent purchaser, conditional sales vendor, mortgagee or lien holder of the property, I any, up to the amount of his or her interest in the property, when the court or city attorney declaring the forfeiture orders a distribution to that person or entity; , Deleted: 1 Deleted: A Inserted: A { Deleted: t3 Deleted: 7 ( Deleted: 51 , FortnatOerMICIIMIIIIIIIIFooter B. To any bona fide innocent purchaser, conditional sales vendor. mortgagee or lien holder of the vehicle, if any. up to the amount of his or her interest in the vehicle, when the court or city attorney declaring the forfeiture orders a distribution to that person or entity; C. The remaining funds shall be distributed as follows: 1. Fifty percent to the local law enforcement entities that participated in the seizure, distributed to reflect the proportionate contribution of each agency, 2. Fifty percent to the city's, nuisance abatement fund, in accordance with Section 1.36.190 of this code. D. All funds distributed to each local law enforcement agency pursuant to subsection C of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of those agencies. For the purposes of this section, local governmental entity means any city, county, or city and county in this state. (Ord. 2218 § 1, 2003), 10.19.11.0 Recovery of monetary loss or costs of abatement Nothing in this. chapter shall preclude an owner of a vehicle from recovering damages for the actual', amount of loss from any person or entity who committed the act or acts giving rise to the seizure or forfeiture of the vehicle, nor shall forfeiture of that vehicle preclude the city from seeking restitution from all responsible parties for the actual costs of abatement of the underlying public nuisance for which the subiect vehicle was used, pursuant to chapters 1.36 and 1.41 of this code,, - Formatted: Header, Use spacing: single { Deleted: otys { Deleted: the { Deleted: g { Deleted:0 J limited: 00 . Recovery of monetary loss or costs of abatement. Nothing in this chapter shall preclude an owner of a vehicle from recovering damages for the actual amount of loss from any perm or entity who committed the act or acts giving rise to the seizure or forfeiture of the vehicle, nor shall forfetue of that vehicle preclude the city from seeking resttution Mon all responsible parties for the actual costs of abatement of the underlying public nuisance for which the subject vehicle was used, pursuant to chapters 1.36 and 1.41 of this codej Formatted: Indent First line: 0.5" Deleted: if Deleted: ,{ Formatted: Footer ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO THE SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 10 is amended by amending Chapter 10.19 to read as follows: Chapter 10.19 SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES Sections: 10.19.010 Public nuisance vehicles 10.19.015 Definitions 10.19.020 Declaration by court or city attorney 10.19.030 Right, title and interest in vehicle 10.19.040 Seizure 10.19.050 Receipts 10.19.060 Evidence 10.19.070 Forfeiture 10.19.080 Interest claim 10.19.090 Sale of vehicles 10.19.100 Recovery of monetary loss or costs of abatement 10.19.010 Public nuisance vehicles. A. Any vehicle described below in subsection B is hereby declared to be a public nuisance, and that vehicle shall be enjoined and abated as provided in this chapter. Any person and his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle (hereinafter referred to as "vehicle") used for any of the purposes or acts set forth in this section is guilty of and responsible for maintaining a public nuisance. B. The following are declared public nuisance vehicles: 1. Any vehicle used to solicit or to agree to engage in or to engage in an act of prostitution; or 2. Any vehicle used to attempt to procure another person for the purposes of prostitution or to procure another person for the purposes of prostitution; or 3. Any vehicle used to cause, induce, persuade or encourage, by promises, threats, violence, or by any device or scheme, another person to become a prostitute; or 4. Any vehicle used to illegally sell, transfer or acquire or attempt to illegally sell, transfer or acquire any controlled substance; or 5. Any vehicle that is used for purposes of illegal dumping, illegal grading or illegal excavation on public or private property. 10.19.015 Definitions. Within this chapter, the following meanings shall apply: A. "Bulky item"means any discarded furniture, home or industrial appliance or any abandoned vehicle or a part of an abandoned vehicle. B. "Controlled substance"means a drug, substance or immediate precursor that is listed in any schedule in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058. C. "Driver" means any person who drives or is in physical control of a vehicle defined in this section. D. "Hazardous waste" means any waste as defined in California Health and Safety Code Section 25117. E. "Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. "Illegal dumping" does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. F "Illegal excavation" or "illegal grading" refers to the moving of earth on or removal of earth from private or public property without a permit required by law or the National City Municipal Code. G. "Prostitution" means engaging in lewd or sexual conduct for money or other consideration. H. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. I. "Vehicle", for purposes of this chapter, means any transportation device that is equipped with a motor, that is pulled by a transportation device with a motor, or requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven without regard to whether it is required to be registered with the California Department of Motor Vehicles or the motor vehicle department of another jurisdiction. It includes, without limitation, automobiles, pickup trucks, dump trucks, tractor -trailers, earth movers, earth graders and bulldozers. 10.19.020 Declaration by court or for any of the purposes set forth attorney upon compliance with the applicable public nuisance and order that the vehicle be forth in Section 10.19.100. City Attorney. Upon proof that a vehicle was used in Section 10.19.010, the court upon application, or the city sections of this chapter, may declare the vehicle a forfeited, sold, and the proceeds distributed as set 10.19.030 Right, title and interest in vehicle. All right, title and interest in any vehicle described in Section 10.19.010 shall vest in the city upon commission of an act giving rise to the public nuisance declared under this chapter. 10.19.040 Seizure. A. Vehicles subject to forfeiture under this chapter may be seized by any peace officer or code compliance officer upon process issued by any court having jurisdiction over the vehicle. B. Seizure without process may be made when any of the following situations exist: 1. The seizure is incident to an arrest with or without a warrant, or a search under a search warrant; or 2 2. There is probable cause to believe that the vehicle was used in violation of this chapter. 10.19.050 Receipts. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession the vehicle was seized, in accordance with Section 1412 of the Penal Code. 10.19.060 Evidence. Any vehicle seized pursuant to Section 10.19.050B, where appropriate, may be held for evidence. The city attorney shall have the authority to institute and maintain proceedings pursuant to the authority conferred by this chapter. The seizure and impoundment of a public nuisance vehicle as evidence neither requires nor precludes forfeiture proceedings under this chapter. 10.19.070 Forfeiture. A. Except as provided in subsection G of this section, if the city attorney determines that a vehicle described in Section 10.19.010 is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Superior Court of San Diego County. B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case, within one year following the seizure of the vehicle which is subject to forfeiture. C. The city attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as a notice stating that any interested party may file a verified claim with the Superior Court of San Diego County, to be served by personal delivery or by registered mail upon any person who has an interest in the seized vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in Section 10.19.090 and directions for the filing and service of a claim. D. An investigation shall be made by the National City police department as to any claimant to a vehicle whose right, title, interest or lien is of record in the California Department of Motor Vehicles or other jurisdiction of vehicle registration. The National City police department shall send a notice within two business days following the seizure for a post -seizure hearing to determine the validity of the seizure to each legal and/or registered owner of a vehicle at his or her address appearing in the records of the appropriate state motor vehicle registry. The post -seizure hearing shall be conducted within two business days of the request for the hearing. The City may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post -seizure requirement. If the vehicle is not subject to registration or is not registered, notice shall be provided to any person or entity with an apparent interest, such as may appear by inscribed or painted legend appearing on the vehicle; if no legend is apparent, a notice shall instead be published in a newspaper of general circulation describing the vehicle and an advice regarding the seizure and potential forfeiture. Failure to provide notice when no apparent indicator of ownership is available, or failure to receive notice when indication is available, shall not invalidate any proceeding under this chapter. E. All notices shall set forth the time within which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed pursuant to Section 10.19.090. F. With respect to vehicles described in Section 10.19.010 for which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 10.19.010. G. The city attorney, pursuant to this subsection, may order the forfeiture of vehicles seized under this chapter. The city attorney shall provide notice of the proceedings under this subsection, including: 3 1. A description of the vehicle; 2. The date and place of seizure; 3. The violation of law alleged with respect to forfeiture of the vehicle; 4. The instructions for filing and serving a claim with the city attorney pursuant to Section 10.19.090 and time limits for filing a claim. H. If no claims are timely filed, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the vehicle in accordance with Section 10.19.100. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The city attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. I. If a claim is timely filed, then the city attorney shall file a petition for forfeiture with the Superior Court pursuant to this section within thirty days of the receipt of the claim. J. Forfeiture proceedings shall not be applicable to any vehicle that was reported stolen prior to the act proscribed in section 10.19.010, unless it shall appear that the report was false, that the identity of the registered owner cannot be reasonably ascertained or that the registered owner failed to redeem the vehicle within sixty (60) days after seizure. Otherwise, the registered owner of a stolen vehicle may claim the vehicle upon payment of tow, storage and release charges, provided that the vehicle is not subject to any other holds prescribed by the Vehicle Code for traffic, parking or current registration violations. 10.19.080 Interest claim. A. Any person claiming an interest in the vehicle seized pursuant to Section 10.19.010 must, within ten days from the date of the notice of seizure, file with the city attorney a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. B. 1. If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than thirty days after receipt of the claim. 2. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there shall be no joinder of actions, no coordination of actions except for forfeiture proceedings, nor cross -complaints, and the issues shall be limited strictly to the questions related to this chapter. C. In lieu of forfeiture, an interested party may pay the fair market value of the vehicle seized to the agency or official prosecuting the forfeiture proceeding, and reclaim the vehicle. 10.19.090 Sale of vehicles. In all cases where vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid as settlement in lieu of forfeiture of the vehicle, and the proceeds of sale or settlement shall be distributed and appropriated as follows: A. To the Office of the City Attorney and the Police Department or other local law enforcement agency for all expenditures incurred in connection with the publication of the notices set forth in Section 10.19.080, and the sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; B. To any bona fide innocent purchaser, conditional sales vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or city attorney declaring the forfeiture orders a distribution to that person or entity; C. The remaining funds shall be distributed as follows: 1. Fifty percent to the local law enforcement entities that participated in the seizure, distributed to reflect the proportionate contribution of each agency, 4 2. Fifty percent to the city's nuisance abatement fund, in accordance with Section 1.36.190 of this code. D. All funds distributed to each local law enforcement agency pursuant to subsection C of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of those agencies. For the purposes of this section, local governmental entity means any city, county, or city and county in this state. 10.19.100 Recovery of monetary loss or costs of abatement. Nothing in this chapter shall preclude an owner of a vehicle from recovering damages for the actual amount of loss from any person or entity who committed the act or acts giving rise to the seizure or forfeiture of the vehicle, nor shall forfeiture of that vehicle preclude the city from seeking restitution from all responsible parties for the actual costs of abatement of the underlying public nuisance for which the subject vehicle was used. PASSED and ADOPTED this day of , 2003. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 5 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT 4EETING DATE December 2, 2003 AGENDA ITEM NO. 19 71TEM TITLE AN ORDINANCE AMENDING CHAPTER 10.43 OF THE NCMC CONCERNING ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REQUIRING REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES PREPARED BY DEPARTMENT Rudolf Hradecky City Attorney EXPLANATION (Ext. 4222) This ordinance responds to a council request. It addresses the subject of private parties where underage minors drink. It also includes reference to controlled substance use. It makes it a misdemeanor for any person to host such parties (except where consumption of alcohol is exclusively by a child and supervised by its parent), and allowing cost recovery for police services, similar to the second response ordinance. A more complete legal analysis is attached i Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (°Listed Below ) Staff Report Ordinance Resolution No. A-200 (9•99) STAFF REPORT ORDINANCE AMENDING TITLE 10 BY ADDING CHAPTER 10.43 TO THE NATIONAL CITY MUNICIPAL CODE CONCERNING ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REQUIRING REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES INTRODUCTION This report addresses a proposal to amend the National City Municipal Code: (1) to make it a misdemeanor for a minor to consume alcoholic beverages in any public place, place open to the public, and any place not open to the public (unless supervised by a parent or guardian) and (2) to make it a misdemeanor to permit, host, or allow a party or gathering where three or more minors are gathered and a minor is consuming alcoholic beverages or controlled substances at a private residence (under age drinking party). Proponents of this proposal believe it will provide law enforcement with a powerful tool and prosecutors with a strong law to combat the dangers and problems associated with consumption of alcohol by minors in general and specifically at parties. The consumption of alcohol by minors at parties has far ranging dangers and consequences, including illegal activity by the minors at the party (such as vandalism, littering, and urinating in public), violence (including sexual assault), increased risk taking behaviors by minors, and an inordinate amount of diverted police resources. The ordinance, in part, seeks to hold the person hosting the underage drinking party accountable for the impact their parties have upon the minors and communities. In other words, it places upon the host of the party the responsibility of monitoring the use of alcoholic beverages by minors. It is the opinion of the City Attorney that such an ordinance is a lawful exercise of the City's police power. BACKGROUND Most people see underage drinking as a youth problem. However, when a minor consumes alcohol, there is an adult involved in some way, whether it is a retail store selling alcohol or older siblings, friends, or parents providing the alcohol. In a recent survey, 57 percent of local high school students reported drinking at friends' homes. Combating Underage Drinking, 1999. In another study it was determined that underage drinking "occurs primarily outside commercial establishments and most often in residences and open areas like beaches and parks." Mayer, Forster, Murray, and Wagenaar, 1998. The proposed ordinance seeks to address alcohol consumed by minors in these settings. Parties where minors consume alcoholic beverages and/or consume illegal drugs present a myriad of problems for the minor, the community, and law enforcement. For minors, alcohol abuse can lead to traffic crashes, violent crime, accidental injury, alcohol poisoning, and increased risk taking behaviors. For the community, neighbors are routinely required to deal with the aftermath of underage drinking parties, such as vandalism to cars and homes, littering, urine and feces in their yards, loud noises, and traffic congestion. Finally, law enforcement is faced with having to spend an inordinate amount of resources to respond to party calls. This ordinance addresses the problems related to minors consuming alcohol and permitting underage drinking parties. DISCUSSION THE PROPOSED ORDINANCE IS A LAWFUL EXERCISE OF THE CITY'S POLICE POWER TO PROMOTE THE PUBLIC HEALTH, PUBLIC MORALS, AND PUBLIC SAFETY The City may, under its police power, make laws which promote the public health, the public morals, and the public safety. With respect to the proposed ordinance, it is not preempted by state law, the City may regulate private property to prevent persons from hosting parties where minors are consuming alcoholic beverages or consuming illegal drugs, and the "Doctrine of the Nuisance" supports the conclusion that the City may regulate private property to prevent persons from hosting parties where this occurs. I. PREEMPTION The proposed ordinance seeks to regulate the consumption of alcohol by minors by prohibiting them from consuming alcohol at all venues (public place, place open to public, and place not open to public) and by prohibiting parties where they may gather and consume alcoholic beverages. The proposed ordinance is not preempted by state law. The California Constitution states "[t]he State of California ... shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession and transportation of alcoholic beverages within the State ...." Cal. Const. art. XX, section 22. This section has been interpreted by the courts to mean the state has preempted the regulation of alcohol only in the specifically enumerated areas. See People v. Brewer, 235 Cal. App. 3d 909 (1991); People v. Butler, 252 Cal. App. 2d Supp. 1053 (1967). The court in Butler relied on its finding "that regulation of consumption of alcoholic beverages as distinguished from possession, transportation, etc., was, almost studiously, omitted, it seems, in article XX, section 22 of the Constitution." Butler. 252 Cal. App. 2d at 1057. Based on its finding, the court went on to say "there is nothing in the state law which indicates an intention fully to occupy the field relating to the consumption of alcoholic beverages in other than licensed premises, and the general rule permitting additional supplementary local regulation is, therefore, applicable." Id. at 1057. The decision allows cities to regulate the consumption of alcoholic beverages without running afoul of state law so long as the regulation does not infringe on those areas already controlled by the state. Accordingly, the City may regulate alcohol consumption by minors as stated in the proposed ordinance. II. RESTRICTIONS ON USE OF PRIVATE PROPERTY The proposed ordinance is a lawful and proper restriction of private property because, as explained above, the City may regulate the consumption of alcohol by minors, and because the proposed ordinance bears a reasonable and substantial relationship to the City's effort to curb consumption of alcoholic beverages by minors (thereby protecting the minors, the public, and limited police resources). While property owners' rights regarding the use of their property are broad and well -protected, cities are granted equally broad police powers to enact ordinances to ensure the public good". [T]he police power extends to everything expedient for the preservation of the public safety, health, comfort or good morals." Ex parte Weisberg, 215 Cal. 624, 627 (1932). The courts have said "[i]t is within the legislative discretion in the exercise of such power to place such restrictions upon the use of any property or the conduct of any business as may be reasonably necessary for the public safety, comfort or health" Id. at 627-28. The competing rights of the property owner and the public must be carefully weighed before restrictions on the use of private property may be imposed. The courts have set forth a two-part test to determine whether a particular restriction on the use of private property constitutes a proper exercise of a city's police power. First, the City must determine "whether the object of the ordinance is one for which the police power may be properly invoked ...." Thain v. City of Palo Alto, 207 Cal. App. 2d 173, 186 (1962). If it is, the City must then determine "whether the ordinance bears a reasonable and substantial relation to the object sought to be attained." Id. at 186. If the answer to both questions is yes, the City may make a finding that consumption of alcohol on private property creates a nuisance, then exercise its police powers to impose reasonable means to abate the nuisance even if the necessary means entail a restriction on the use of private property. First, as explained above, the City may lawfully regulate alcohol consumption. Thus, the object of the ordinance is one for which the police power may be properly invoked. Second, the purpose of the ordinance is to reduce alcohol consumption by minors because such consumption harms the minor, the public, and impacts police resources. The proposed ordinance squarely meets its purpose because it prohibits minors from consuming alcohol and it takes away a venue where minors consume alcoholic beverages. Thus, it can be fairly said that the ordinance bears a reasonable and substantial relationship to the object sought to be attained. Therefore, the ordinance is a lawful restriction on the use and enjoyment of private property. III. DOCTRINE OF NUISANCE A city may identify a public nuisance and use its police power to remedy the public nuisance. Cities are granted the authority to make determinations regarding public nuisances generally through the exercise of its police power and specifically by California Government Code section 38771. The statute says that "[b]y ordinance the city legislative body may declare what constitutes a nuisance." Statutory definitions of nuisance assist cities in making this determination. Nuisance is defined as "[ajnything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property ...." Cal. Civ. Code section 3479. See also Cal. Penal Code section 370. California Civil Code section 3480, and California Penal Code section 370 add to the definition of nuisance the caveat that interference with the enjoyment of property must affect "an entire community or neighborhood," or "any considerable number of persons." Cities are not limited to the statutory definitions in all instances. In People v. Johnson, 129 Cal. App. 2d 1, 6 (1954) the court said, "A city has the power to pass general police regulations to prevent nuisances, and such power is not limited to the suppression of those things which are nuisances per se within the meaning of section 370 of the Penal Code and sections 3479 and 3480 of the Civil Code." See City- of Bakersfield v. Miller, 64 Cal. 2d 93 (1966). A public nuisance may be summarized as "an act or omission which interferes with the interests of the community or the comfort and convenience of the general public and includes interference with the public health, comfort, and convenience." Venuto v. Owens-Corning Fiberglas Corp., 22 Cal. App. 3d 116, 123 (1971). In its simplest terms, a public nuisance is "an unreasonable interference with a right common to the general public." Restatement (Second) of Torts Section 821 B(1). IV. OTHER CITIES HAVE ENACTED SIMILAR ORDINANCES Other jurisdictions have passed similar ordinances relating to controlling underage alcohol use, or drugs, or both. These include: the City of Oceanside, San Diego, Poway, City of Santa Rosa, City of Healdsburg, City of Rio Vista, and City of Vallejo. In regard to local ordinances, the San Diego County College Presidents' forum II on underage and binge drinking has supported the use of local ordinances to control underage drinking parties. San Diego County College Presidents' Forum 11 on Underage and Binge Drinking Report and Recommendations, 2002. CONCLUSION Consumption of alcoholic beverages by minors and the hosting of parties wherein minors gather to consume alcoholic beverages and/or controlled substances threatens the public peace, property, health, and safety of citizens. By passing the proposed ordinance, the consumption of alcohol by minors may be curbed and persons who provide a venue for minors to consume alcohol or drugs are held accountable for their actions. For these reasons, the proposed ordinance is a proper and lawful exercise of the City's police power. ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 BY ADDING CHAPTER 10.43 TO THE NATIONAL CITY MUNICIPAL CODE CONCERNING ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REQUIRING REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES WHEREAS, the City Council of the City of National City finds that unsupervised parties on private property where alcohol and/or controlled substances consumed by minors are not only unlawful but often a cause for disturbances; and WHEREAS, problems associated with such gatherings are difficult to resolve unless the Police Department has the legal authority to direct the party host to dispense the group; and WHEREAS, police ability to abate loud and disturbing gatherings or gatherings where alcohol and/or controlled substances are consumed by minors on private property will result in a decrease in abuse of intoxicants by minors, physical altercations and injuries, neighborhood vandalism and excessive noise disturbances thereby improving public safety; and WHEREAS, control of large parties, gatherings or events on private property is necessary when such activity is determined to be a detriment to the peace, health, safety, or general welfare of the public; and WHEREAS, state law prohibiting conduct which contributes to the delinquency of minors does not address adult liability for allowing, premises under the control of the adult, consumption of alcohol or possession of controlled substances by persons who are eighteen (18) years old or older, but under the legal drinking age, and WHEREAS, police officers frequently have been required to make calls to locations of parties, gatherings, or events in order to dispense uncooperative participants, causing a drain on workforce and resources and in some cases, leaving other areas of the City with inadequate police protection; and WHEREAS, state law does not preempt imposing civil liability for the purposes of cost recovery upon adults who allow premises under their control to be used for underage drinking or possession of controlled substances; and WHEREAS, the City Council of the City of National City finds and declares that the purpose of this ordinance is: To protect public health, safety and general welfare; To enforce laws prohibiting the consumption of alcohol and/or controlled substances by minors; To recover costs of providing police services to parties, gatherings, or events requiring a response. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. Title 10, Division V of the Municipal Code is amended by adding chapter 10.43 to read as follows: CHAPTER 10.43 ALCOHOL AND ILLEGAL DRUG OFFENSES BY MINORS AND JUVENILES, AND REIMBURSEMENT FROM RESPONSIBLE PERSONS FOR THE COST OF ENFORCEMENT SERVICES Sections: 10.43.010 Definitions 10.43.020 Unsupervised consumption of alcohol by minor at private property 10.43.030 Serving alcohol and/or controlled substances to minors at parties, gatherings or events on private property 10.43.040 Enforcement services at a party, gathering or event on private property 10.43.050 Reimbursement for cost of law enforcement services 10.43.060 Reservation of legal options 10.43.070 Violations 10.43.010 Definitions. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. "Alcoholic beverage" is as defined by Business and Professions Code section 23004. "Controlled substances or illegal drugs" shall include all narcotics or drugs, the possession of which is illegal under the laws of the State of California as defined under the Penal Code, Health and Safety Code, and related statutes. "Enforcement services" includes the salaries and benefits of police officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the party, gathering, or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured police officers or other code enforcement personnel; and the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to or remaining at the party, gathering, or event. "Juvenile" means any person under eighteen (18) years of age. "Guardian" means (1) a person who, under court order, is the guardian of the person of a minor; or (2) a public or private agency with whom a minor has been placed by the court. "Minor" means any person under twenty-one (21) years of age. "Parent" means a person who is a natural parent, adoptive parent, or step-parent of another person. "Party, gathering, or event" means a group of persons who have assembled or are assembling for a party, social occasion or social activity. "Person(s) responsible for the event" includes, but is not limited to: (1) The person(s) who owns, rents, leases, or otherwise has control of the premises where the party, gathering or event takes place; (2) the person(s) in charge of the premises; or (3) the persons(s) who organized the event. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this chapter. 10.43.020 Unsupervised Consumption of Alcohol by Minor at Private Property. Except as permitted by state law, no minor shall: A. Consume in any public place or place open to the public any alcoholic beverage or consume at any place not open to the public any alcoholic beverage. B. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.030 Serving of Alcohol and/or controlled substances to Minors at Parties, Gatherings or Events on Private Property. A. Except as permitted by Article 1, Section 4, of the California Constitution, no person shall suffer, permit, allow, or host a party, gathering, or event at his or her place of residence or other private property, place, or premises under his or her control where three (3) or more minors are present and alcoholic beverages or illegal drugs, or both, are being consumed by any minor. B. This section shall not apply to conduct involving the administration of alcohol to or use of an alcoholic beverage by a minor child which occurs exclusively under the supervision of his or her parent or legal guardian, or to the consumption of an alcoholic beverage at any place regulated by the California Department of Alcoholic Beverage Control. 10.43.040 Enforcement Services at a Party, Gathering or Event on Private Property. When any party, gathering or event occurs on private property as described in Section 10.43.030 and a police officer or other code enforcement officer at the scene determines that there is a threat or detriment to the public peace, health, safety or general welfare, the person(s) responsible for the party, gathering or event shall be liable for the actual cost of enforcement services provided during a response by the police or other code enforcement personnel. 10.43.050 Reimbursement for Cost of Law Enforcement Services. The actual cost of the enforcement services described in Section 10.43.040 shall be deemed a debt owed to the City by the person responsible for the event and, if that person is a juvenile, their parents or guardians. Any person owing such debt after demand has been refused shall be liable in an action brought in the name of the City for recovery of the same. 10.43.060 Reservation of Legal Options. The City of National City reserves its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this Article. 10.43.070 Violations. Violation of any of the mandatory provisions or prohibitions of this chapter is a misdemeanor, punishable by a fine of $1000 and imprisonment for a period not to exceed six (6) months, or by both fine and imprisonment. Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3. This ordinance shall take effect and be in force on the thirtieth (30`h) day from and after its final passage. Passed and adopted this ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney day of 2003. Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 2, 2003 AGENDA ITEM NO. 20 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 18 (ZONING) OF THE MUNICIPAL CODE REGARDING THE SALE OF ALCOHOLIC BEVERAGES. (CITY INITIATED) CASE FILE NO. A-2003-1 PREPARED BY Roger Post; 336-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council voted to approve the following after holding a public hearing November 18 regarding draft Code amendments on the sale of alcoholic beverages: 1. Clarify that the 660 foot distance requirement between schools and establishments selling alcoholic beverages for consumption on or off -site applies only to public schools (K-12). 2. Allow specific plans to provide exceptions from the distance requirements that apply to establishments selling alcoholic beverages. 3. Require that notice of public hearing be sent to owners of property within 660 feet from the site where a Conditional Use Permit is requested for the sale of alcoholic beverages. 4. Require an applicant for an alcohol license to organize a community meeting before a public hearing is held on the Conditional Use Permit application. The attached ordinance incorporates these changes. The City Council also requested staff to prepare a new ordinance which holds parents liable for house parties where youth gain access to alcohol when parents are away. This ordinance appears as a companion item on this agenda. CEnvironmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Ordinance elow ) Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. 2003 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 18 (ZONING), CHAPTERS 18.16 AND 18.71, REGARDING THE SALE OF ALCOHOLIC BEVERAGES APPLICANT: CITY INITIATED CASE FILE NO.: A-2003-1 BE IT ORDAINED by the City Council that Title 18 of the National City Municipal Code is amended as follows: Section 1. That Chapter 18.16 is amended by repealing Sections 18.16.140, 18.16.145, and 18.16.150. Section 2. Sections: 18.71.010 18.71.020 18.71.030 18.71.040 18.71.050 18.71.060 18.71.070 That Chapter 18.71 is amended to read as follows: CHAPTER 18.71 SALE OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT Conditional Use Permit —Required Conditional Use Permit —Additional notice required Community meeting —Required Distance requirements Measure of distance Additional standards for the sale of alcohol at restaurants or public eating places Live entertainment 18.71.010 Conditional Use Permit —Required. A. Conditional Use Permit is required for the sale of alcoholic beverages, whether for on -site or off -site consumption, and may be approved pursuant to Chapter 18.116 of this title and Sections 18.71.020, 18.71.030, 18.71.040, 18.71.050 and 18.71.060. 18.71.020 Conditional Use Permit —Additional notice required. In addition to notice required pursuant to Section 18.130.080, and in accordance with procedures for mailing written notice as contained in Section 18.130.080, written notice for a public hearing on a Conditional Use Permit for the sale of alcoholic beverages shall be provided to owners of property within a radius of 660 feet of the exterior boundaries of the property where the sale of alcoholic beverages is proposed. 18.71.030 Community meeting —Required. Prior to the public hearing required pursuant to Section 18.71.010, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the Planning Department documentation of the meeting and input received. 18.71.040 Distance requirements. Except as may be otherwise stated in a specific plan adopted pursuant to California Government Code Section 65450, et.seq., establishments where the sale of alcoholic beverages is sold for on or off -site consumption shall be located as follows: A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off -site consumption, shall be located as follows: 1. A minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. A minimum of 500 feet apart. B. Bars and cocktail lounges or other establishments where the sale of alcoholic beverages for on -site consumption is the principal use, shall be located as follows: 1. a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. no less than 1,000 feet apart. C. Restaurants where the sale of alcoholic beverages for on -site consumption is accessory or incidental to the principal use shall be located a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City. D. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be located as follows: 1. a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; and 2. no closer than 500 feet apart. This limitation shall not apply to restaurants. E. No minimum distances from schools or other uses are required for grocery stores, convenience stores or other establishments involving the sale of alcohol for off -site consumption as an accessory use; or, 18.71.050 Measure of distance. For the purposes of Section 18.71.030: A. The distance between any two establishments that sell alcoholic beverages shall be measured in a straight line without regard to intervening structures from the closest exterior structural walls of said establishments. B. The distance between any establishment selling alcohol and a school shall be measured in a straight line, disregarding intervening structures, from the closest exterior structural walls of said establishment to the closest property line of the school. 18.71.060. Additional standards for the sale of alcohol at restaurants or public eating places. Restaurants or public eating places shall conform to the following, additional standards: A. Alcoholic beverage sales shall be incidental to food service. 2 B. There shall be no sale of alcoholic beverages after midnight unless otherwise specified by the Conditional Use Permit. The Conditional Use Permit may further restrict the times when alcoholic beverages may be sold. 18.71.070 Live Entertainment. A. Live entertainment shall be limited to a single entertainer performing musical work (piano bars, etc.) except as provided below. B. Additional entertainers, dancing, audience participation, karaoke, or other live entertainment may be authorized by a Conditional Use Permit in zones where live entertainment is permitted. C. Live entertainment specified in subsection B of this section may be permitted by a resolution of approval for a Conditional Use Permit for the sale of alcohol in zones where live entertainment is permitted. Section 3. That Chapter 18.130 is amended by adding Section 18.130.085 to read as follows: 18.130.085 Hearinqs—Notice—Additional requirement for Conditional Use Permits for the sale of alcoholic beverages. In addition to notice required pursuant to Section 18.130.080, and in accordance with procedures for mailing written notice as contained in Section 18.130.080, written notice for a public hearing on a Conditional Use Permit for the sale of alcoholic beverages shall be provided as specified in chapter 18.71 of this title. Section 4. That the proposed amendment is exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes that affect the sale of alcohol and entertainment within a permitted establishment. CEQA provides that economic and social changes resulting from a project shall not be treated as significant effects on the environment. The amendment addresses regulations that affect only social aspects associated with development that may occur. Section 5. That the proposed Code amendments are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan programs and policies. Proposed changes would facilitate the use of the Code as well as the implementation of the General Plan. The distance requirement of 660 feet will be maintained between schools and establishments where alcoholic beverages are sold for on or off -site consumption. Clarification that this distance requirement shall apply only to public schools (K-12), will allow for opportunities for new or expanded uses in the City that may be desirable for revitalizing certain areas, and private revitalization of older commercial areas is a high General Plan priority. The CUP requirement will maintain the potential to deny undesirable proposals or to apply needed conditions, consistent with General Plan policy to carefully review uses which may not be compatible with 3 adjoining neighborhoods and business districts. In addition, maintaining requirements for separation of establishments that sell alcohol from each other, which do not apply to restaurants, will also indirectly limit the number of alcohol -serving uses that could locate in the City. PASSED and ADOPTED this day of 2003. ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: %/r as George H. Eiser, Ill City Attorney Nick Inzunza, Mayor 4 City of National City, California COUNCIL AGENDA STATEMENT OLD BUSINESS December 2, 2003 21 dIEETING DATE AGENDA ITEM NO. P ITEM TITLE TIME EXTENSION REQUEST — TENTATIVE SUBDIVISION MAP FOR DIVISION OF A VACANT, 61,420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E. 16TH STREET AND M AVENUE.. (APPLICANT: FRANK AND LINNEA ARRINGTON). (CASE FILE NOS. S-2000-2) PREPARED BYRo er Post 336-4310DEPARTMENT Planning EXT. g EXPLANATION The project site is a 1.4-acre parcel on the north side of E. 16th Street at M Avenue. The lot is just west of National School District offices. The property is zoned RS-2 Single -Family Residential, and is in a primarily residential neighborhood. The City Council approved a Tentative Subdivision Map for the property in December 2000, and a one- year time extension in November 2002. The map expires on December 12, 2003 unless extended. The approval allows for division of the lot into nine parcels ranging from 6,720 to 6,850 square feet in size. Each property is proposed for development with a two-story, three bedroom, two and one-half bath home. The project also involves construction of street improvements on M Avenue. The applicant is requesting a second time extension of one year for the Tentative Map. The Subdivision Ordinance allows up to three time extensions for a total of 36 months. The applicant states that delays in the issuance of required bonds and related processing have necessitated the request. No special findings are necessary to approve the time extension. C Environmental Review X N/A Categorical ExemptionMIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for Tentative Map S-2000-2 be extended for one year to December 12, 2004. BOARD I COMMIS ION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution No. 2000-161 2. Location Map Resolution No. 3. Applicant's letter of request 4. Applicant's plans A-200 (Rev. 7/03) RESOLUTION NO. 2000 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING THE SUBDIVISION OF A VACANT, 61420 SQUARE FOOT LOT INTO NINE SINGLE-FAMILY PARCELS AT THE NORTHWEST CORNER OF E. 16TH STREET AND M AVENUE. APPLICANT: FRANK AND LINNEA ARRINGTON. CASE FILE NO. S-2000-2 WHEREAS, application was made for approval of a tentative subdivision map for nine single-family parcels on a vacant, 61,420 square foot lot at the northwest corner of E. 16th Street and M Avenue on property generally described as: Parcel A: Parcel 2 of Parcel Map No. 15423, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, October 24, 1988 as File/Page No. 88-542010 of Official Records. Parcel B: An easement for sewer purposes over, under, along and across the easterly 10.00 feet of Parcel 3 of Parcel Map No. 6919, in the City of National City, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, February 22, 1978 as File/Page No. 78-070791 of Official Records. WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearing held on September 18, 2000, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on November 28, 2000, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. S-2000-2 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide one parcel into nine single-family parcels based on the following findings: Resolution No. 2000 — 161 December 12, 2000 Page Two 1. The proposed map is consistent with the National City General Plan, since the map provides for the development of nine single-family homes in a single-family residential zone; and since the General Plan encourages the opportunities for home ownership which will be created by the project. No Specific Plan has been adopted for the project area. 2. The site is physically suitable for the proposed density of development, since the 1.41-acre lot can accommodate building pads for nine homes on lots at least 5,000 square feet in size. 3. The site is physically suitable for the proposed type of development, since the property is in an existing residential neighborhood. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project is located on a disturbed site in an urban area and no unique environmental resources exist on the site. 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 there will be no alterations or improvements to existing easements crossing the proposed parcels. 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. Resolution No. 2000 —161 December 12, 2000 Page Three BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said tentative subdivision map for division of a vacant 61,420 square foot lot into nine single- family parcels at the northwest corner of E. 16th Street and M Avenue is hereby approved subject to the following conditions: 1. Plans must comply with the 1998 editions of the California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, and the California Title 24 energy and handicapped regulations. 2. A fire hydrant shall be installed in the new portion of M Avenue. The location of the new hydrant shall be determined in consultation with the Fire Department and shall comply with all City requirements. 3. A hydrology study (100 year flood) shall be submitted for the review and approval of the City Engineer. The study shall consider the area from the project site to the closest municipal storm drain outlet. 4. A grading and drainage plan shall be submitted for review and approval by the City Engineer showing all of the proposed and existing on- and off -site improvements. The plan shall incorporate the findings of the hydrology study. 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 development shall be implemented with the design of the grading plan. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 5. Separate street improvement plans prepared by a Registered Civil Engineer showing all of the existing and proposed improvements shall be submitted for review and approval by the City Engineer. The plans shall be in accordance with City requirements. All necessary street improvements, including curbs, gutters, sidewalks, and paving shall be constructed in accordance with City standards. 6. A soils engineering report shall be submitted for review and approval by the City Engineer. The report shall address the stability of all the existing and proposed slopes on the property. It shall also address the stability of the building pads, the criteria for new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, parking areas, and driveways. The street pavement sections shall be in accordance with Regional Standard Drawing G-24 with National City modifications. Resolution No. 2000 — 161 December 12, 2000 Page Four 7. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless approved otherwise. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 8. A new street light shall be installed at the corner of 161 Street and M Avenue. The street light and location shall comply with City standards and ADA requirements. The feasibility and electrical energy availability of the street light shall be verified with the Public Works Department prior to approval and installation. 9. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and the drainage construction on private property. 10. 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, and landscaping 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. 11. All surface run-off, including landscaping adjoining the public right-of-way, 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. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 13. The existing 36-inch CM(' storm drain crossing diagonally on M Avenue shall be upgraded to comply with Engineering Department requirements. The grading and drainage plan shall show the construction of all new required drainage facilities, including the installation of a minimum 36-inch RCP storm drain in M Avenue with drainage inlets to convey the drainage northerly from 16th Street. Resolution No. 2000 —161 December 12, 2000 Page Five 14. A final map is required. The final map shall meet all of the requirements of the Subdivision Map Act and the National City Municipal Codes including certification, acknowledgment, complete boundary information and monumentation. 15. The subdivider shall submit an approval letter from Sweetwater Authority stating that 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. 16. Separate water and sewer laterals shall be provided to each lot. 17. 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. 18. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 19. The final map shall be recorded prior to issuance of any building permit. 20. All new property line survey monuments shall be set on private property, unless otherwise approved. 21. 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. 22. The property shall be annexed into Community Facilities District no. 10 prior to the issuance of building permits. 23. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Section 66452.6 (e) of the California Government Code. 24. A detailed landscape and irrigation plan prepared by a California registered Landscape Architect, including plant types, method 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. Resolution No. 2000 — 161 December 12, 2000 Page Six 25. Each lot shall have a minimum lot area of 5,000 square feet and a minimum of fifty feet of street frontage. The final map shall be in substantial conformance with the tentative map depicted in Exhibit A, case file no. S-2000-2, dated May 4, 2000. Landscaping in the public right-of-way shall be installed in conjunction with the installation of public improvements in accordance with Exhibit C-Revised, case file no. S-2000-2, dated July 11, 2000, and as further specified in the landscape plan pursuant to condition no. 24. 26. Buildings shall be in substantial conformance with those depicted in Exhibit B, case file no. S-2000-2, dated May 4, 2000. 27. Homes shall have doors opening into the rear yard. to encourage the use and maintenance of rear yard areas. 28. Minimum 30-year shingles shall be used for roofing. 29. Final building design plans shall be submitted for Planning Commission review prior to issuance of building permits. 30. Prior to approval of the final map, the subdivider shall 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 Map, particularly conditions 26, 27, 28 and 29 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. 31. The tentative map shall be modified to show the new section of M Avenue intersecting 14th Street only and not 16a` Street. A cul-de-sac shall be provided at the southern end of M Avenue near 16th Street. If a traffic study indicates that this requirement is not necessary or feasible, the Council may waive this condition. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. -- Signatuf= Page to Follow -- Resolution No. 2000 — 161 December 12, 2000 Page Seven PASSED and ADOPTED this 12th day of December, 2000. George K Waters, Mayor A 1"1'EST: APPROVED AS TO FORM: City Attorney /304 e 15.61 /3/4 a /404 e a6DD /4/4 3 sue /434 40 /4443 1311.30 2 /3/7 6 $ /3/8 9 6 at?, M In 91 /325 1320 lot." 1 1335 /324 831043 /345 S . /344 tt ISM ta I3ZM 40 /4O5 3/44/ e/517 e 1537 133 00 SCALE: 1 = 200' RTH IC 1400 21527 8/539 ;, /6/5 /620 1616 1624 /626 /6313 e� 00 2 1641 /639 133 a a 1705 PROJECT LOCATION mbmwe.` ZONING BOUNDARIES LOCATION MAP /313 Into RS 2 /3,4 y /326 3 1324 6016D 4 /334 Dwa6 b 60 M :/407 3 17 18 15 14 12 12 g MpIll ^ -144f 11. NTAR �R d 4 '?I l�Jth STRE „qr.. /Rs w 1 b I to 7 N ill IRS-201 j 6 7 8 1 3 4 5 -'eo2—Oar ao ��-��i 33'I 33 1 Di 1 15 Northwest corner of 161h Street and M Ave, S-2000-2 NATIONAL CITY PLANNING 60 5„„N M0 DRN. DATE: 8/16/00 INITIAL HEARING: 9/18/00 c4N wean Fl !Nf!N(= MEMBER MORTGAGE BANKERS ASSOCIATION OF AMERICA 2650 CAMINO DEL RIO NORTH, SUITE 350 • SAN DIEGO, CALIFORNIA 92108 • TELEPHONE: (619) 260.1660 November 17, 2003 Planning Depal'Anent City of National City 1243 National City Boulevard National City, CA 91950-4397 Re: Subject S-2000-2 IS 2000-3TM @ 16th & M Avenue National City, CA 91950 We are hereby requesting a 1-year extension for the final subdivision map at 16th & M Avenue. Delays in the issuance of the required bonds and related processing delays have necessitated this request. Owners San Diego Funding LLC SOUTH BAY PLAZA NIA.1`,ONAL (.(fY t' ANNINEa UENIP EXHIBIT CASE FILE N0. )ATE:��-4-Za RJ T IfLe M \\ 1(1=. Ex CURB 01 ROW SOUTH BAY PLAZA 16TH I STREET 14TH STREET 5 ZC4,K,1 TENTATIVE MAP h SCALE 1* r 50' O,,rcmr IHA.N.7.ilW<6 5LQG" need (AVA6C650/0YJ �'W°� �i� Er AL vAvxa NoTIS+Na.:,: NG E At PANS SECTON %167H STREET w.evrs,oe ��}}crs ci 2'�ys./�a•r xar ro S'AO' 805C04. CALE 65 / / , r* 2 ePROPOSED SUM • dRi ell / PROPOSED EIRO S / curio;5 95EWAUt TRCVRDCN!!CN / / / PMMOSN AC P� AgymmScli<tOScsoesiPW\' P" < TYPICAL SECTRIN -M AVENUE / /oAhv AN (f&WST 7D /4 .47) / OWEoxW�J r f fr . W04.13 to DUX t//y1`'a/ IS f �m a WIlL 8tKn+cc. pu.R,. rtxs LOY. /y ,per MU 5 Ems 1,21t5 Pau. NAYS 7 xrEam.&IWO. Y 1 W ■ / / ER ROW IX CURS R QR1ER mecowsco. �.—W1010 00Y.ss OIR EJ! ROW NRI N SCPLE LOT AecAs Lois ,2 {9 = 5.7205.F. Cory 5 - 8 e 5.8So 5.F 1=ceo o(r3 . Nor S..+61e-c-r 'i'o FcooO,N(- 1 too YR. 370Ot1. OSC S Ca] SN1,v.YOi.1 pAJ Po>EYJ . LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP NO. 15423 ASSESSOR'S PARCEL MAP 557 - 351 - 16 OWNER / APPLICANT FRANK Sc LINNEA ARRINGTON 2650 CAAIINO DEL RIO NORTH SUITE 350 SAN DIEGO, CA. 92108 PHONE: (619) 2e0 =71660 DATE DATE WATER SUPPLY SWEETWATER AUTHORITY FIRE PROTECTION CITY OF NATIONAL CITY FIRE DEPARTMENT SEWAGE DISPOSAL. CITY OF NATIONAL CITY SANITARY SEWER SYSTEM EX/Sr/NG B HARM- %N Avait/J6. EXISTING & PROPOSED ZONING RS -2 SOURCE OF TOPOGRAPHY ALGERT ENGINEERING,INC, CLUE. CITY EL (00's9 R/Dr_. GRADING CUT A. 8,900 CY FILL = 8,900 CY EXPORT = OCY PREPARED BY: Tv1R a («n YYRPW PAR (n0 4m030 JAMES H. ALGE, RCE 19073 DATE JN 5587 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 2, 2003 AGENDA ITEM NO. :22 7- ITEM TITLE Authorization of donations of Police Department Unclaimed Personal Property as directed by City Council. PREPARED B Brenda E. Hodges Purchasing Purchasing EXPLANATION 336-4570 In accordance with Council Policy #115, Police Department Unclaimed Personal Property is available for donation to local 501C3 non-profit organizations. Council to determine which items to donate to which agencies and provide direction to Purchasing Agent, to distribute property accordingly. DEPARTMENT Environmental Review N/A Financial Statement n/a Approved By: Finance Director Account No. n / a STAFF RECOMMENDATION Provide direction to Purchasing Agent, and authorize donation. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below ) 11/14/03 List of available property Resolution No. A-200 19.99) POLICE DEPT. 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DESCRIPTION:(5) MISC NECKLESS 141) CASE#VARIOUS TAG# VARIOUS DESCRIPTION:MISC JEWELRY PIECES, EARRINGS AND MEDALLIONS. 142)CASE#VARIOUS TAG#VARIOUS DESCRIPTION:(11) MISC RINGS 143)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(11) MISC RINGS 144)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(10) RINGS 145)CASE# VARIOUS TAG# VARIOUS DESCRIPTION: (10) RINGS 145)CASE#VARIOUS TAG# VARIOUS DESCRIPTION:(8) MISC BRACELETS 146) CASE#VARIOUS TAG# VARIOUS DESCRIPTION: (6) MISC BRACELETS 147)CASE#VARIOUS TAG# VARIOUS DESCRIPTION: (8) MISC BRACELETS 148)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(9) MISC BRACELETS 149)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(5) MISC NECKLESSES 150)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(5) MISC NECKLESSES 151)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(5) MISC NECKLESSES 13 152)CASE# VARIOUS TAG# VARIOUS DESCRIPTION:(5) MISC NECKLESSES 153)CASE# UNKNOWN TAG# VARIOUS DESCRIPTION:(5) MISC NECKLESSES 154)CASE# VARIOUS TAG# VARIOUS DESCRITION:MISC FANTASY JEWELRY 155) CASE# VARIOUS TAG#VARIOUS DESCRIPTION: MISC EARRINGS, CHARMS AND PIECES OF JEWELRY 156)CASE#VARIOUS TAG# VARIOUS DESCRIPTION:(1) PEN (1)COIN AND MISC PINS City of National City, California CIL AGE A STATE ..IEETING DATE December 2, 2003 AGENDA ITEM NO. 23 ITEM TITLE PROPOSED DATES FOR SCHEDULING A CITY COUNCIL WORKSHOP TO DISCUS THE INCREASE IN ASTHMA CASES IN THE WEST SIDE NEIGHBORHOOD PREPARED BY Kathleen Trees 4213 DEPARTMENT EXPLANATION Building & Safety At a recent West Side Neighborhood Council meeting the Principal at Kimball Elementary expressed concerns about the increase in the number of cases of asthma at Kimball Elementary. In response to her concerns, Councilman Parra requested that the City Manager schedule a Council Workshop to discuss this topic. Two possible days are available where interested parties can be present to give the Council information on this topic. These days are December 16, 2003 or January 27, 2004. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Schedule the Council Workshop BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 2, 2003 AGENDA ITEM NO. 24 /ITEM TITLE TEMPORARY USE PERMIT —SWEETWATER TOWN & COUNTRY MERCHANTS - LUNCH WITH SANTA/TOY GIVEAWAY PREPARED BY �DEPARTMENT Kathleen rees, Director 4210 Building and Safety EXPLANATION This is a request from the Sweetwater Town & Country Merchants Association to conduct a lunch with Santa & toy gift giveaway from 9:00 a.m. to 3:00 p.m. on December 13, 2003. The event will be held on the shopping center parking lot. The free event will consist of lunch being served to 150 children of the community. After the lunch, they will sing Christmas songs and Santa will then give them a gift. There will also be clowns, face painting, balloons and pony rides. The Association will setup a 30x30 canopy, 14 tables and 85 chairs. They are also requesting permission to hang 4 banners at the entrance to the shopping center. A waiver of fees is requested. The event and sponsoring organization do not meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review N/A X Financial Statement Approved By: Finance Director The City has incurred $39 in costs in processing the T.U.P. application through various City Departments and an additional $85 for the Fire Department permit. Account No STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and deny the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS { Listed Below j Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A 200 (9 99( CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, December 13, 2003 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot TIME: 9:00 a.m. to 3:00 p.m. APPROVALS - POLICE YES [ x ] NO [ ] SEE COMMENTS[x ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] FINANCE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPROVAL: FIRE (336-4550) 1. The use of a 900 square foot canopy will require a Fire Department permit. Please contact the Fire Department at the number above. 2. Maintain Fire Department access to the parking lot and any Fire Department connections at all times. FINANCE (336-4330) 1. 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. POLICE (336-4400) 1. No conditions, extra patrol. is �1C tl 5Gflf o� 4)P 0� M hoc \65 Citbu,3\r\s d RESUME Mtvv SCTONA O,@ SCI.n. Tfll/O16 3u CIi6 =MaR. W ACM TOM artaMu tibUr0 mrt. a.m/Om YAW AREA SZCI,CMA =KIR. SWIMS yap mrt.4-1,Wo TOM .utnlo&SA mrrso. R. }4O,4OO MOCK;J. 19t 4R MCI 0 mews 1p1Y.MNew3{ 3-a 00= IMnIhMMR♦mMa g16SM90scS SRO 1 V/3110.[1.M k 1N.lam R. NAM MIT. yaa mR. TOM AMA A 2E94 SR. iant..6'.k,N+ I,krlc yyo,ypc SEC II 11 1 STALE q OUTE St SITE PLAN SWEETWATER TOWN & COUNTRY O 4 Type of Event: — Public Concert Parade Motion Picture Event Title: Contact Person "on site" day of the event: Fair _ Demonstration Grand Opening (Other 4_ W11. al W WA.. C.--G--ziti :�v�� Event Location: �€ Lo +CX \DWY� E. l l)Or'ki/ 511O M, Ce-Nlice i Event Date(s): From 0 /31)3 Total Anticipated Attendance: 2OO 300 ,0 Month/Day/Year (i GO Participants, (1.5 Spectators) Actual Event Hours: )r, 30 am/pm to 3,00 am/pm Setup/assembly/construction Date: // /3-®,3 Start time: ?:000•-•7 Please describe the scope of your setup/assembly work (specific details): 11(QI.04 41vt Loos: x, , +: R'pcI' t t u Dismantle Date: Ic 7 3—o3 Completion Time: Li-e 00 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Festival _ Community Event J Circus - Block Party 4<40 Sponsoring Organization: �_71,UL't�U1 X 1t?(' LOtL � �'("' � r i-> _ 611e.,, a . 4iot-for-Profit Chief Officer of Organiz tion (Name) Applicant (Name): 1.'0, 'ti q Address: 1 7 4 ;)-° :S1 Dee-t- QA—e (" FA, St.1�ltl� ` IVaf( OM t , Cc/, Daytime Phone: ( a [I ij7W�' -/ Evening Phone: (Olin '17 5-'8` �c9ax: (___) ---6- 9'i4 r) 61t411E l i' Email Pager/Cellular: 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): XYES _ NO _JP Q,. YES NO Lack Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ ((CO'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 inrmation about the event. n�----��-�- ^� i /'Aron tzgli 1 , ,L{ fAll , a 12t ojj Z9--72 f SO L.x2a ,r.c ;rit Ath A4ct lof (OS AT Ala ;i 4 L YES 1 lO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers in rolved in,the ..r� (� ' sale: -� �O )3— \&— U1-"1L w 2 YES 10 Does the event involve the sale or use of alcoholic beverages? YES t NO Will items or services be sold at the event? If yes, please describe: YESDoes the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ /NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES /\ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL �OTHER (Specify):, — /Portable and/or Permanent Toile F_ jtteI '.JLUL fax, ' le kua. , d t t caulk.) ria, Number of portable toilets: (1 for every 250 people is required, unless the Q 1.?i � "k .. applicant can show that there are facilities in the immediate area available to the public �Q4_� , during the event) --- Tables and Chairs /4&M.0 1 So a�,at,�, 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 > Qther 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: T Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: i Please describe your procedures for both Crowd Control and Internal Security: 411-6/Y1,:tk bil7/-Ju 1 -0—(t& [V7P.A, Aft-e-70 =CN YES 0 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: PI se inicate hat rr n ement you ha e made for ding First Aid,Staffin and Equipment. , tQ Please describe c�cessibility Plan or -cc-, s at your even by in y�� ,aryi Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: ual, with disabili es: .. _ %L R� event: Please describe your plans to notify all residents, %businesses and churches impacted by the NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES ,. NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES 40 Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES O 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: XYESNO Any signs, banners, decorations, special lighting? If YES, please describe: = , / (/iZ /VW, pZ (/y'i -e-a-c--6 3 _,-a($!' -1 if � 4tr°(t_ _ /' n �%�-L-e; -CAE t,&' J • %� f I /' Revised 10/3/01 yit 5 Event: ,for Office 'Use OnCy Department Approved? Yes No Initial Specific Conditions of Approval Date Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department REQUEST FOR WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name •f the s onsoring or aniztion 012,01 Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) �o (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. o (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. NNo (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) 9 IEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 2, 2003 AGENDA ITEM NO. 25 ITEM TITLE TEMPORARY USE PERMIT — CENTRAL NEIGHBORHOOD COUNCIL - BLOCK PARTY PREPARED BY �i PAAggTMENT thleen Trees, Director 3 411U Building and Safety EXPLANATION This is a request from the Central Neighborhood Council to conduct a block party at the north end of the K Ave cul-de-sac on December 28, 2003 between the hours of 12 noon and 5 pm. The event will include an astro-jump for the children and a harnessed rock climbing wall for older participants. The neighborhood residents will provide pot -luck dishes of food. A mariachi band will provide music. Alcohol will not be provided. The Central Neighborhood Council is requesting that the north end of K Ave at the cul-de- sac be closed to traffic. The Neighborhood Council is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704. Environmental Review X N/A Financial Statement Approved y® The City has incurred $198 in costs for processing the T.U.P. through various CiFinty ante Director departments and $52.90 from the Public Works Department, totaling $250.90. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Central Neighborhood Council EVENT: Block Party DATE OF EVENT: November 28, 2003 APPROVALS: PLANNING FIRE POLICE CITY ATTORNEY RISK MANAGER PUBLIC WORKS YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ x ] San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: FIRE 336-4550 I. Maintain Fire Department emergency vehicle access at all times 2. Tents having an area in excess of 200 square feet and or canopies in excdess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 3. Fire hydrant to remain unobstructed at all times. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Insurance and hold/harmless not required for a City sponsored event. PUBLIC WORKS 336-4380 1. With City facilities being closed the week prior to the event, event personnel will need to contact Public Works, Street Division at 336-4586 the week of December 15 to arrange for delivery or pick up of barricades. 2. Delivery and pick up of barricades - $52.90. Type of Event: Public Concert Parade _ Motion Picture Event Title: _ Fair _ Festival Cumunity Event Demonstration _ Circus VHfock Party _ Grand Opening Other Event Location: V\ /44 Event Date(s): From hill/03to ( / $/Q otal Anticipated Attendance: M th/Day/Year (j P, Participants) �°� Actual Event Hours: am/6 +4 _ am/ to a ( ()Spectators) Setup/assembly/construction Date: 1413 Start time: ((,� . 4) f) A Please describe the scope of your setup/assembly work (specific details): Itti3O I", S AAA" S e3f- Inc.,, bP 04 a er) '$ cat ch fiek( alert Dismantle Date: 121 ', Completion Time:7;,pes a F in 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. IVOr e..)Not abf C\L\ F d .r_ 1 r <'c)" Li- 0 b M Sponsoring Organization:�f\-- Chief Officer of Organization (Na e) di CAtIoe; 4- (1 Applicant (Name):' ' Q� 1 et.t � '.,tot\ c S erric c Address: 91114 t L' Daytime Phone: (el `t) 14114 •25 Evening Phone: (_) Fax: (_) Contact Person "on site" day of the event: (Of V Email\IgCrr•rn ele fl .4 pf4 Pager/Cellular: / h I'�' d FM � NOTE TH PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS ‘QC 1 For Profit Not -for -Profit Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ ek- -- Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. WC cF� c pro(VC iir 0 he jhbarkniJ sporlSeMel black. . tAe Er.Vlt1i- WiII be C clDors wifh. am, "Q14-fo f2af i4Ctrr, a.n41 h._rnesSc d rock ccwt'nloirl &al �r eke a appro f?f.c* par-4-r a lOoth'S__. IsiCM% il:. e.. 1 grin. _ r s ,` t*. w - r I 00k-t i i � • Tart ' ierL - 1.4A $ i fir + ev fi f-ikc t dad. - uf and .fir" eibuir% for if CoM.nce I l► r b fe. „I#Noar) ci e) Will I A S+ 'far Approyi /Kai-11 / 14 Dux air' p 01,4, petetThzre ail C1 u fl eal R i ..ya +i A S 1 ^� YES If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES _ NO Does the event involve the sale or use of alcoholic beverages? YES rKC; Will items or services be sold at the event? If yes, please describe: _ YES kb - 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 in • the us of tents or canopies? If YES: Number of ten anopie Sizes 'p b OTE: A separ- - e Depart ent permit isrequui � d for tents or canopies. YES V 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 ill be served at the event: Fp011 Wit` b< b tk 6' j 1� alp kw" car►ry ►.cam l e f 4 re i tajun4eer s ..rver4 lit 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 A. Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) A. Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above A 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: ovf4eocires Please describe your procedures for both Crowd Control and Internal Security: _ YES 40 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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a dgtailed d scription of your PARKING plan: ti-icQptiVI,5 a \lever cet`1 ►14 tx 'r 4. )*1 Please describe your plan for DISABLED PARKING: IAt 4vr0 l 4 Please describe your plans to notify all residents, businesses and churches impacted by the event and 1 ('r o kr- �,J NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: La Number of Bands: I Type of Music: MA r a A ; YES NO Will sound amplification be used? If YES, please indicate: S time: am/pm Finish Time am/pm YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES _ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES '' NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization?��iz� VYes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization \', \4 ) CAM t\letbAtkOt Type of Organization ` ey'v C_ _ CA‘Aki (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) V No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. VI'No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. 14 (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: ✓No (P lease sign the form and submit it with the TUP Application) Signature Date 9 110.- ICentral sorommoisommer, P000iCoi,oPourrHogoornori • Post Office 6111P-John Otis ;4. E. 19T1I-1 ST z 04 1— 4; Cc k Lu•4 E. 9THIST ,I.M.4131,0,1P0,101111.7611edrellalf.1014 111011../P South Bay Plaza Shopping Center E. 12TH ST E. 13TH E. 20TH ST w. A 4 g National City 1 w Christian i> 1 < E. 9TH ST z r----- , .40D7,i1,-- E-rgigat,§1,-„„„„„, g i! c-Li > Ni CL i; I ,hhehhhhahhhohohhhhhhm40,4,0,,,,h4hahh404Fhmh-h,h,,,,,,,,,e,,,,,,,,, E. 11TH ST 51 E . 11TH ST A a 1 LW) ,1 i! E. 12TH ST .-_-1 , s E. 9TH 1 „ VilARIPMEAls, I.MeinfirpramInnunuMuniouni fidioxprialluBomonowie, g, UV1 K i. i . .. . E. 9TH ST h . no, . CC t 0 1145.7,r110111 LLJ i , _ 1 City .i;,, 7TaliOnai Sthool Liji E.1TH District .<. 5ST,, E. 14TH ST 0 a 11 2 O. _ JP Jt hh f >I < In Lil Offices zr"- — -"" -" ccg 11.0 I cog 21 • L. 16TH ST E. 20ThOST 11; Las Palmas eEETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 7,7001 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT — SAN DIEGO ACADEMY — RV PARKING DURING CONSTRUCTION PREPARED BY EPAIi MENT Kathleen Trees, Director EXPLANATION Building and Safety This is a request from San Diego Academy to provide RV parking for volunteers while they work on the school under construction at 2800 E 4ti'. In addition to the 3 construction trailers currently located on the property they would add a temporary bathroom trailer to accommodate the volunteers. The RV's would be parked on the school property in the area of the future playground. The project is scheduled to conclude in March 2005. ( Environmental Review X____ N/A Financial Statement Approved By: Finance Director The City has incurred $188 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Tem orary Use Permit subject to compliance with all conditions of approval. n BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (s Listed Below ) Application For A Temporary Use Permit with recommended conditions of approval Resolution No. A-200 (9 99j CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT TEMPORARY USE PERMIT and Recommended Conditions of Approval. SPONSORING ORGANIZATION: San Diego Academy EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING FIRE CITY ATTORNEY POLICE ENGINEERING SPECIFIC Conditions of Approval: Fire Temporary RV Parking December, 2003 until March, 2005 N/A YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ ] 1. Fire access to be maintained at all times. 2. Access to be maintained at all time to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.) 3. 2A:10BC fire extinguishers required throughout the RVk Parking area. Fire extinguisher's locations to be plainly marked, and to to exceed a travel distance of seventy-five feet. 4. Site map reflecting parking configuration and number of RV's to be parked in the are is required. Planning 1. The maximum number of RV's should be specified. Police 1. Do not block driveways. 2. Make sure that emergency personnel have sufficient access into the property. --•-... \ 444F [INE L'] I SCALE: 1" = 60° RE-F4PENCE Fr-S. HTS.P.$;,, vs PM RED 0.111103' P/SP 1„l ( ® ,) 4 p-; 4:MEW HOStki;?4 Type of Application: X Construction Trailer _ Temporary Office or Classroom Trailer Contractor Storage Yard _ Condo or Model Home Sales Office _ Photographic Filming (No street closures or special effects) X RV Parking Location: 7Rnn F dth c+,eAt, Dlational City 91950 BUILDING AND SAFETY DEPT. RECEIVED NOV 0 6 2003 NATIONAL CITY, CALIF. If this application is for filming please complete the following: Date(s): From to Month/Day/Year Actual Event Hours: am/pm to am/pm Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm Applicant Organization: Gan ni agn Ar•ademy / sa then ctor_ Cali Chief Officer of Organization (Name) Wayne r.onghofer Applicant (Name): San Diego Academy 2700 E 4th Street, National City, CA 91950 Address: Daytime Phone: (6111267-9550 Evening Phone: ( ) Fax: (619-267-8662 Conference 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. We are currently building a replacement school with a team of volunteer'>laborers who come to the site with their private RV's and stay at the job site to work on the project. (s pray (:ow_((L .) v1 Cali 5 Please complete if this application is for filming. Please describe your procedures for Crowd Control: _ 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: 2 For Office Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval 3 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use a'.Gity_-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 San Diego Academy Person in Charge of Activity Wayne Longhofer Address 2700 E 4th Street, National City, cA gia0 Telephone 619-267-9550 Date(s)ofUse 11/2003 - 8/2005 HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. Signature Principa Official Title For Office Use Only Certificate of Insurance.. Approved Date 4 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization San Diego Academy Type of Organization religious, non-profit organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) xx No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. xx No (Please proceed to Question 5) 5 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please;.proceed to Question 7) Yc 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: \i/\ No (P lease sign the form and submit it with the TUP Application) Datd 6 City of National City, California COUNCIL AGENDA STATEMENT December 2, 2003 aEETING DATE AGENDA ITEM NO. 27 7-ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — BETHEL CHURCH - TOYS FOR JOY �ys DEPARTMENT Kathleen Trees, Director Building and Safety EXPLANATION This is a request from the Bethel Church to conduct a toy and food give-away Friday, December 12 from 5 p.m. to 10 p.m. They will give away 3,000-4,000 toys at the church located at 1200 E. 8th St. In addition each family will receive a bag of food. Entertainment will be provided in the form of gospel and inspirational music from choirs and contemporary musical bands. Amplifiers and stages will be used for this. Tables will be set up to provide snacks and information. A children's area with jumpers will be set up to entertain the children. The church is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704. Environmental Review N/A Financial Statement Approved By: The City has incurred $345 in costs for processing the T.U.P. through various City ante Director departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A`-2000 1_9_9_91 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Bethel Church EVENT: Toy Give-away DATE OF EVENT: November 12, 2003 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x BUILDING AND SAFETY YES [ x ] NO [ ] SEE CONDITIONS [ x Health Department, San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excdess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 3. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. 4. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. 2-A:10-B:C fire extinguishers are required at each cooking booth. RISK MANAGER 336-4240 1. Provide, minimum limits of one million dollars per occurrence of general liability insurance. (Done) 2. Name the City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers as additional insureds on above policies. (Done) 3. Standard hold harmless signed. (Done) FINANCE 336-4330 1. A Business License is required if monies are solicited, admittance charged or food, beverages or merchandise is sold. Each vendor present on this event must have a separate business license. Vendors currently licensed by the City may operate on their existing license. If any of the vendors or organizations are registered not -for -profit, there will be no charge for the Business License. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. POLICE 336-4400 1. The Police will assign 2 reserve officers to work the event along with senior volunteers. Church members will provide crowd control. Aloe 04 03 11:32a Rock/Mac 18585660804 p.2 FOOD COURT iQ c4 off ) Li I. MAIN PARKING LOT iOJ'$ FO$, JOB' $ 0U99.E,iICi I 1 KIDS 1 FUN ZONE f D TOYS FOR JOY BLESSING AREA FOOD BLESSING AREA TOY STORAGE ICI FOOD LOWER STORAGE 173 L SANCTUARY Ix A w CHECK -IN I ENCLOSED PATIO PARKING LOT GOD'S. CHILDREN — 0TH c-rf G T attlftlelb Iglesia Bethel Church MAIN UPPER SANCTUARY C) a_ 18585660304 Rock/Mao Nov 04 03 �- ► OF-t,-4 - TIT • 1 Mats PoTiY FU N 7QNIE I-.______----,�o .fit TAY JUNCTION g&-, 0 r 1°3 1 N � F OO D b► J N K B OO'i"W-4 RES©Ue.CE t3cxTH5 1:L.:101-1 - Type of Event: _ Public Concert Parade Motion Picture _ Fair _ Festival _ Demonstration _ Circus _ Grand Opening _ Other bUILDING AND SAFETY DEPT. 'EIVED 1 2 2003 NATIONAL CITY, CALIF. _Community Event Block Party Event Title: r/7iL. Z (7 o �! ` Event Location: (v t, j� rij /.J-/it--9E-' �i/� T/ 0�1 �+ t CI't` y+ q , of / / % C� Event Date(s): From z1 63 to (2/ f Z/f°3 Total Anticipated Attendance: /o$s/2/t V - r as4,^f13 Month/Day/Year (/5-0Participants) (qt•-(2 Spectators) Actual Event Hours:.(uM am/pm to ID Poi am/pm ?Waco-Nt) Setup/assembly/construction Date: (2/(2 /D3 Start time: 1 -- NOD n. Please describe the scope of your setup/assembly work (specific details): 6-el ir/. (, Thu- Cis f-rs 2, piaf A pp ff/.e S 3, 5TelF6ES Piss. Nwsic NFo>- k-Jce— y, Pcst4.1.4E a-(,)Uit.rec) f , /N Si/wAtZVAtiiSavGa� SyS t Dismantle Date: t21(1-/DI Completion Time: iI," 6 fin am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. A) 0 A) Sponsoring Organization: T7tL(. Ft/ P 6FG% ort Ctluwcif For Profit /i Not -for -Profit Chief Officer of Organization (Name) ki /(;i i,Th- 'Pib TO r Applicant (Name): t)f LL,/k/✓l /l ` ,'v ( N , Address: (2 d 0 g ti s/. /i), T % 1 Ai 4 � CAL- i C4- / f C-rd Daytime Phone: (/C/ 77-k1L-Evening Phone: (6/5) Y2=-7 )/' Fax: ( l) V77—Ice 4/ Cct t Contact ernS'on -s. fel dSay 3 f the event: QI(( / {-We, IV(kr+. (.eL Ott) N O Email &I.( fe 1 DD `%A(-tao.0 M Pager/Cellular: tot`( S) (—S1 S� NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMiDlAEELy /-WAILABLE TO CITY OF DIAL S 1 Is your organization a "Tax Exempt, nonprofit" organization? % YES NO Are admission, entry, vendor or participant fees required? YES -NO If YES, please explain the purpose and provide amount(s): PPS S I S Pre \) th/f-i WA - km ct-tcc,. 4-s $ N ate ' Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ ttti 'Qp� 1o1�19Estimated Expenses for this event. $ t b ts) 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. Tit As CU-Ail6J?11 g-e- k CH/t/f thir' eel ✓I,kFi POc1 f o (iinAt 41C-�, Gin turf/ 11 ¢'/W yr / J`t `� CD".i�+ v�Jfi�t � e CFfet r g4AA.11 7� /174 0co Ft0O 9 4,1 o tN%7-41/./ AlLQ Pi/7 tt L/a rriiO,+t t i� a x_rr.,vt`.,,/7J�y Glf' p, li (, `'Ovr Clf f n.r..$ri'�`L�1 `�--®/ YES NO If the event involves the sale of cars, will the cars come exclusively from ational City car dealers? If NO, list any additional dealers involved in the C �v ale: N ; 2 YES ' NONODoes the event involve the sale or use of alcoholic beverages? YES / NO Will items or services be sold at the event? If yes, please describe: YES /NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. rau i,Jz/l g-o- buittl irJ it ill , Pew pe'`fy. 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 4 °f ( Sizes 944 , 7; 0 0f NOTE: A separate Fire Department permit is required for tents or canopies. YES NO YES ` NO Will the event involve the use of the City stage or PA system? kb i. 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: 03 - If you intend to cook food in the event area please specify the method: i / GAS ELECTRIC CHARCOAL OTHER (Specify): rich ➢ ➢ ➢ Portable and/or Permanent Toilet Facilities •j.e� Number of portable toilets: 3 t (1 for every 250 people is required, unless the applicant can show that there are fac ' 'es in the immediate area available to the public during the event) ir Tables and Chairs tc t 1:4-7cNrcza-s lbo Fencing, barriers and/or barricades ISO - Generator locations and/or source of electricity c-tw1S/ 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: 1 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: st L 3 Please describe your proceduresLfor both Crowd Control and Internal SSecurity:� r' T CE veL..,C/(4 V r) (Arpo7 kw- 7 i 4 "91 (GLJ tv-,e;�� ; / I F"c' af /1-1ti 0 ei-e-jw>, N"--e' f;Kv _ 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: 74�-6, Le ff S Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: 6 uYJ 67 k\i - ( AMO A Pef-4-1-3,- 1)1 s Please provide a detailed description of your PARKING plan: 6vc ixrpuve,t/i Pi— 'v ,rt Lc s%a r `,- 0� UJ io G' Gvc.17�r9� � ` (tfi VLT c6 Fit f Cat,i Please describe your plan for DISABLED PARKING: twe row tutu T ( 2n r ,(<-i n% c) 5 (P ix 1 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 9, S' A-vi)o IN tklet ti vs NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 4-0 YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type/of music. Number of Stages: Number of Bands: T Type of Music: tz YES NO Will sound amplification be used? If YES, please indicate: Start time: l^ am/pm Finish Time 1 94`A am/pm YES /NO Will sound checks be conducted prior to the event? If YES, please indicate: S ?Al Se�1w7 GF{e-cic- Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: ' A FAN. 4 YES s NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: (PE Pk) l✓U� Revised 10/3/01 5 Event: For Office The OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization . ga 4-e ( COS 6 v ( C v&' -. Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) g.. No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. ✓^ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) ?4 3 Date 9 11/12/2003 13:22 8314386253 !WJESTERN_CHURCH_INS PAGE 01 A 3RD CERTIFICATE OF IA ILITY INSURANCE Data: ► ovember 12, 2003 M.S. OP INFORMATION ONLY MO (PROGRAM CHURCH FIRST MANAGER: P.O. BOX 3142 TULSA, OK 74101-3142 AGENT': WESTERN CHURCH INSURANCE SERVICES PO BOX 87419 TWt1 CERTIFICATE IS ISSUED AS A MATTER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS OERTIFIcA DOES NOT AMEND, EXTEND OR ALTER THE COVERAGES AFFORDED BY THE POLICIES BECOME SCOTTS VALLEY, CA 95067 PHONE: 831-438-0900 COM NN1ES AFFORDING COVERAGE ENSURED_ BETHEL EVANGELICAL CHURCH OF NATIONAL CITY COMPANY A Zurich American insurance Company 12.00 EAST 8TH STREET NATIONAL CITY, CA 91951 COMPANY B ATTN: PASTOR PAX PA618-477-8093 IINN$UR_W CLIENT NUMBER: S48-012 COMPANY C — ATO THIS Is CERTIFY THAT THE POLICIES' OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE IINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT wITH RESPECT TO WHICH THIS CERTIFICATE MAY BE BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND cONLYFIONS OF ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS A GENERAL UABILRY GENERAL AGGREGATE S2,000900 GENERAL uAaus Y CPO ST59178 SCUDS aniO4 PRQOUCTB-COMPAP AGG 52,000,000 X COMMERCIAL CLAIMS MADE CloCCuR PERSONAL &ADV INJURY $1,000.000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE VOW" FIRE DAMAGE (Any one fins) $1,000,000 MED EXP (Ms one PeisoiO S10,000 LIABILITY ANY AUTO COMBINED SINGLE DNB' A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per fin) HIRED AUTOS NONtSWNED AUTOS BODILY INJURY (Per esoldent) PROPERTY DAMAGE GARAGE LUIBIUTY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE IOTHERTF1AN.UMBREUAFORM WORKERS COMPENSATION ANC WC STATUTORY UNITS EMPLOYER'S LIABILITY OTHER El. EACH ACCIDENT EL DISEASE POLICY LIMIT THE PROPRIETOR/ PARTNERS/EXECUTIVE ,NCI EL DISEASE - EA EMPLOYEE OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIO&LOCATIONSNEHICLESISPECIAL ITEMS The Clty of National City, Its Officials, Employees, Agents and Volunteers are named ea Additional Insured as Respects lnsured's use of blocked off streets between OM Street and L & M Streets for "Toys for Joy Toy Distribution Outreach December 11-13, 2001 L�T� CER ,GATE HOLDER 6 } u no ' CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD SHOULD ANY OF THE AADOVE DESCRIBED POLICIES BE CANCELLED -BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _3R,, DAYS WRI tEN NOTICE TO THE ,CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY Iwo VPON Tit coMP NY, ITS AGENTS OR REPRESENT •TNEe. NATIONAL CITY, CA 91950 ATTN: KASSKOSSYTA FAG 619-338-432T ", THoll REPR6sa urA TF.r n07..:; 0 25 S j.' ---- T ---- - oeocorm Thom 1980 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. (8� alki•)6wai.( c+tWH.61( a , rr7lJa ( Organization Person in Charge of Activity (l)((((rta-, QV' Address 12-v-D efifi odkr7ijr ( Cr. ( - ?f5 Telephone b( 5 yDate(s) of Use 6(5 i(- g5jS- cc(( HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and ail claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other 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. ,ignatu p}icant Official Title Date /D—Z 24302 For Office Use Only Certificate of Insurance Approved Date 7 AGENDA 12-2-03 ITEM #28 DISCUSSION OF PARS RETIREMENT PROGRAM (COUNCIL INITIATED) AGENDA 12-2-03 ITEM #29 DISCUSSION OF NOVEMBER 14TH POLICE INCIDENT AT PLAZA BONITA (COUNCL INITIATED) AGENDA 12-2-03 ITEM #30 CITY STAFF HOLIDAY CELEBRATION (COUNCIL INITIATED)