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HomeMy WebLinkAbout2003 12-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — DECEMBER 16, 2003 - 5:00 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 DECEMBER 2, 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 12/16/03 PAGE 2 PRESENTATIONS Employee of the Month Program — Irma Acedo Annual Port of San Diego Update — Port Commissioner Jess Van Deventer PROCLAMATION Proclaiming December 5, 2003 as: "SHARON L. HUDSON DAY" PUBLIC HEARINGS 1. A Public Hearing to consider an Interim Ordinance adopted pursuant to Government Code Section 65858 as an urgency measure enacting a moratorium on the establishment of check cashing businesses and payday advance businesses in National City. (City Attorney) #Refer to Item #24 2. Public Hearing — Appeal of Planning Commission denial of a Conditional Use Permit for a church at 833 East 8th Street. (Applicant: Octaviano Cabrera — Missones El Shadai) (Case File No.: CUP-2003-18) (Planning) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 3. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). COUNCIL AGENDA 12/16/03 PAGE 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2003-172 Resolution of the City Council of the City of National City authorizing the Mayor to execute a 90-day Extension to an Agreement with Metropolitan Transit Board for administration of taxicab and other for -hire vehicle regulations. (Police) 5. Resolution No. 2003-173 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Phase II Systems to provide services relative to a PARS pension plan. (City Attorney) 6. Resolution No. 2003-174 Resolution of the City Council of the City of National City awarding a contract to HMS Construction, Inc. for the Division Street/R Avenue Traffic Signal Improvements Project. (Specification No. 02-1) (Public Works/Engineering) 7. Resolution No. 2003-175 Resolution of the City Council of the City of National City declaring the installation of electrical power for the Fire Department's temporary modular buildings an emergency, authorizing the waiver of the bid process and authorizing the Mayor to execute an Agreement with Judd Electric to perform the services. (Public Works/Engineering) 8. Resolution No. 2003-176 Resolution of the City Council of the City of National City authorizing the Mayor to execute a License Agreement with the Department of the Navy for the removal of the pedestrian bridge over Harbor Drive. (Public Works/Engineering) COUNCIL AGENDA 12/16/03 PAGE 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2003-177 Resolution of the City Council of the City of National City approving a Supplemental Agreement with Tetra Tech ASL, Inc. to provide the City with engineering inspection services to install miscellaneous concrete improvements, specification No. 03-5, and authorizing the Acting Director of Public Works/Engineering Department to execute the Supplemental Agreement. (Public Works/Engineering) 10. Resolution No. 2003-178 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Metropolitan Area Advisory Committee to provide the City with lead hazard control for the HUD Lead Hazard Control Grant Program. (Building & Safety) 11. Resolution No. 2003-179 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Environmental Health Coalition to provide the City with public outreach for the HUD Lead Hazard Control Grant Program. (Building & Safety) 12. Resolution No. 2003-180 Resolution of the City Council of the City of National City approving the freeway deficiency plan for the central Interstate 5 corridor. (Public Works/Engineering) 13. Resolution No. 2003-181 Resolution of the City Council of the City of National City to approve, accept and record the Paradise Valley final subdivision map. (S-2002-3, IS-200-10) (Public Works/Engineering) COUNCIL AGENDA 12/16/03 PAGE 5 CONSENT CALENDAR (Cont.) 14. Resolution No. 2003-182 Resolution of the City Council of the City of National City approving a Coastal Development Permit for the closing of a 380-foot long section of Harrison Avenue north of 23rd Street. (Applicant: Community Development Commission) (Case File NO. CDP-2003-4) (Planning) 15. Resolution No. 2003-183 Resolution of the City Council of the City of National City authorizing the execution of order to vacate and close a 380-foot long portion of Harrison Avenue north of 23rd Street. (Case File No. SC-2003-1) (Planning) 16. Resolution No. 2003-184 Resolution of the City Council of the City of National City approving a Conditional Use Permit for a church at 1920 Sweetwater Road in the Sweetwater Theaters building in the Sweetwater Town and Country Shopping Center. (Applicant: Cornerstone Church) (Case File No. CUP-2003-20) (Planning) 17. Resolution No. 2003-185 Resolution of the City Council of the City of National City approving a 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) 18. WARRANT REGISTER NO. 22 (Finance) Ratification of Demands in the amount of $2,353,326.47 COUNCIL AGENDA 12/16/03 PAGE 6 CONSENT CALENDAR (Cont.) 19. WARRANT REGISTER NO. 23 (Finance) Ratification of Demands in the amount of $197,069.13. 20. Claim for Damages: Sylvester Hall (City Clerk) 21. Claim for Damages: Allstate Insurance Company (City Clerk) ORDINANCE FOR INTRODUCTION 22. An Ordinance of the City Council of the City of National City rescinding and amending certain time limits with respect to the Redevelopment Plan for the National City Redevelopment Project pursuant to Senate Bills 211 and 1045 as codified in Health and Safety Code Sections 33333.2 and 33333.6(e)(2) (City Attorney) ORDINANCES FOR ADOPTION 23. An Urgency Ordinance of the City Council of the City of National City rescinding and amending certain time limits with respect to the Redevelopment Plan for the National City Redevelopment Project pursuant to Senate Bills 211 and 1045 as codified in Health and Safety Code Sections 33333.2 and 33333.6(e)(2) (City Attorney) 24. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an urgency measure enacting a moratorium on the establishment of check cashing businesses and payday advance businesses in National City. (City Attorney) *Refer to Item #1 COUNCIL AGENDA 12/16/03 PAGE 7 ORDINANCES FOR ADOPTION (Cont.) 25. 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) 26. 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) 27. 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) NEW BUSINESS 28. Temporary Use Permit — Iglesia La Luz Del Mundo — New Year's Eve Service (Building & Safety) 29. Temporary Use Permit — Boys & Girls Club — Annual Director's Dinner with the sale of beer and wine. (Building & Safety) 30. Discussion of amortization of existing check cashing and paycheck advance businesses in redevelopment project area. (Council initiated) 31. Discussion of donation to City of National City by Bible Baptist Church. (Council initiated) COUNCIL AGENDA 12/16/03 PAGE 8 NEW BUSINESS (Cont.) STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — January 6, 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 December 2, 2003 TO Park Morse, ` ing City Manager FROM : Patt Zama A/i1�1 erim Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM rs EC -2 PH 2: 31 L CITY The Employee of the Month Program is intended to communicate the City's appreciation for outstanding performance and service by recognizing those employees who maintain high standards of personal conduct and who make significant contributions to the work environment and our community. The employee selected by the Parks & Recreation Department to be recognized for the month of December 2003 is Irma Acedo, Recreation Supervisor (nomination attached). Ms. Acedo has been invited to attend the Council meeting of Tuesday, December 16, 2003, and be recognized for her achievements and service. Attachment (1) xc: Department Director Irma Acedo Councilmember Natividad PZ:Im A:\NOMINATION LETTER TO CM ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Irma Acedo for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Irma has been with the Parks & Recreation Department since November 1989. During her tenure as Recreation Supervisor she has been responsible for establishing -camps and other activities for youths in our community. Activities have ranged from Easter week to summer camps and holiday events. All of our camps sell out. This year on Veterans Day, she had a one -day camp which sold out. Parents kept coming into the office or calling to sign up their children for the camp. Irma could not turn away the needs of the kids and called in more staff to assist at the camp. Irma always has the best interest in mind for the youth of National City. Irma's attitude is the best always coming to work with many goals and not just one. She is always looking for how she can better serve the needs of the community; she is a person, nr,r j„cr an QmployPP Irma has established herself with many goals and ideas for the future of the Recreation Department. Irma is always willing to help. It is with great pleasure that I nominate Irma Acedo as Employee of the Month. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Miguel A. Diaz, Acting Director/Parks Superintendent Signature:/ S�'^b Date: 12/2/03 WHEREAS, WHEREAS, WHEREAS, WHEREAS, 4- t0.t# Ord ttrxrX OlY# lV Proclamation Sharon L. Hudson has been a loyal and dedicated employee of the National School District since 1967. Ms. Hudson's dedication and humor has greatly enhanced the capabilities of our teachers by effectively organizing official staff development activities and district office morale. Ms. Hudson was the source of communication to all National School district employees though her monthly newsletter the National Express; and through her outstanding technical and writing skills the National School District has the best Student Accountability Report Card (SARC) in all of South County. Ms. Hudson's dedication to the children of National City was exemplified by her leadership and the collection of the annual holiday toy drive. Now therefore, as Mayor of the City of National City I do hereby proclaim December 5, 2003 as: Sharon L. Hudson Day And call on all citizens to recognize Sharon L. Hudson as a dedicated contributor to the community. Nick Inzunza Mayor a City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE December 16, 2003 *Refer ;to Item #24 AGENDA ITEM NO. 1 ITEM TITLE A PUBLIC HEARING TO CONSIDER AN INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY PREPARED BY EXPLANATION George H. Eiser, III3 (Ext. 4221) DEPARTMENT City Attorney At the December 2 City Council meeting, the City Council enacted, as an "off -agenda" item, an urgency interim ordinance imposing a moratorium on the development of check cashing and payday advance businesses in the city. This agenda item is a public hearing for consideration of an urgency interim ordinance which would have the same effect as the ordinance enacted on December 2. The adoption of the urgency interim ordinance is a companion item on this agenda. After the passage of forty- five days from adoption of the ordinance, the moratorium may be extended an additional 22 months and 15 days by the City Council after another public hearing. Environmental Review N/A Not a project under CEQA Financial Statement N/A Approved By: Finance Director Account No. 7-STAFF RECOMMENDATION Hold public hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed ordinance A-200 i9:99i ORDINANCE NO. 2003 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY WHEREAS, National City, acting through its Community Development Commission ("CDC"), has been very proactive over the years in efforts to revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board is considering the submittal of zoning and specific plan proposals for approval by the City, including the Downtown Project in the vicinity of 8 Street and National City Boulevard, the Filipino Village Project along a portion of Plaza Boulevard, and the Mexican Village Project along a portion of Highland Avenue; and WHEREAS, a common element of the zoning and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere and cohesiveness of land uses within those areas; and WHEREAS, National City has in recent years experienced a proliferation of businesses engaged primarily in the cashing of checks for a fee, herein referred to as "check cashing businesses" and in advancing cash to customers in advance of payday for a fee, herein referred to as "payday advance businesses"; and WHEREAS, such businesses are in conflict with the contemplated redevelopment, zoning and specific plan proposals described hereinabove and which the City will be considering in the immediate future; and WHEREAS, additional check cashing businesses and payday advance businesses are proposed to be newly established or relocated within the City; and WHEREAS, existing land use controls do not adequately address the potential adverse effects of the proliferation of check cashing business and payday advance businesses in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare by the continued proliferation of check cashing business and payday advance businesses, and that the continued issuance of building permits, certificates of occupancy and other entitlements for use by check cashing businesses and payday advance businesses would result in a threat to the public health, safety and welfare; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the establishment, development or approval of check cashing business and payday advance businesses; and follows: WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations governing check cashing business and payday advance businesses throughout National City as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. For a period of 45 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to a check cashing business or payday advance business, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the establishment, development, or approval of any check cashing business or payday advance businesses. Section 2. Ordinance No. 2003-2232 is hereby repealed. Section 3. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing business and payday advance businesses. Section 4. This Ordinance shall not apply to projects where prior to December 2, 2003, a building permit has been issued and substantial physical work has begun in reliance on that permit. Section 5. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code and shall take effect immediately. Section 6. If any portion of this Ordinance is found to be invalid, it is the intention of the City. Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 16th day of December, 2003. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor 2 City of National City, California COUNCIL AGENDA STATE ENT EETING DATE December 16, 2003 2 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — APPEAL OF PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR A CHURCH AT 833 EAST 8Th STREET (APPLICANT: OCTAVIANO CABRERA - MISSIONES EL SSHHADAI) (CASE FILE NO.: CUP-2003-18) PREPARED BY Roger G. Post 336 4310 DEPARTMENT Planning EXPLANATION EXT. The Planning Commission denied this project on November 3, 2003. The applicant submitted an appeal on November 17, 2003. The attached background report describes the item in detail. CEnvironmental Review 1-Financial Statement N/A N/ACategorical Exemption MIS Approval >STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director Account No. BOARD ! COMMISSION RECOMMENDATION The Planning Commission denied the Conditional Use Permit. Vote: Ayes- Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 37-2003 with findings for denial 3. Possible findings and conditions for approval Absent: Pruitt Resolution No. 4. Location Map 8. Application 5. Site photographs 9. Project Plans 6. Exemption 7. Applicant's appeal letter A-200 (Rev. 7/03) BACKGROUND REPORT The proposed church site is located in a commercial development on two parcels on the north side of 8th Street, between Highland Avenue and "I" Avenue in the General Commercial (CG) zone. The property includes two attached commercial buildings. An approximately 4,171 square foot commercial building contains a bar (Dakota Inn) and another church use which the City is currently investigating. An abutting building occupied by office uses abuts the east wall of the subject building and is setback from the elevation of the subject building facing 8th Street. The site also includes a 27-space off-street parking lot at the rear of the building with access from "I" Street. The combined area of both parcels, including the buildings and parking area, is approximately 14,380 square feet. The site is surrounded by several uses, also within the General Commercial (CG) zone. Highland Center shopping center is located immediately across 8th Street to the south, a commercial building across "I" Avenue to the east, a single-family dwelling with an approved conditional use permit for a duplex yet to be built, to the north, and a convenience store (7-11) to the west. A church, known as Misiones El Shadai, requests approval to occupy lease space within the existing air-conditioned building to conduct bible studies and church services. The proposed area is approximately 1,043 square feet of which 645 square feet is to be meeting or sanctuary area. A 75 square foot office area and 285 square foot lounge area are also proposed within the suite space. The church would be accessed from both the parking lot at the rear of the building and 8th Street. The elevation of the suite space. facing 8th street is approximately 15 feet wide with a glass door and windows. Church services are proposed every Sunday from 10:00 a.m. to 2:45 p.m., and weeknight services are proposed for Tuesday, Thursday, and Saturday evenings from 6:00 p.m. to 7:45 p.m. The applicant indicates that the church currently has approximately 15 active members and expects to grow to no more than 50 members at this location. The applicant states that services will involve the use of two microphones, two amplified guitars, one drum set, and a piano. The expected attendance is approximately 15 to 20 people on Sundays and 10 to 13 people for weeknight services. The Fire Department has determined that the maximum number of occupants allowed in the proposed church space is 62 people at any one time. Due to the number of active members and a limit of the proposed maximum members at the church, the size and shape of the suite appear to be adequate to accommodate the congregation. The different uses on the site generate varying demands for parking. The existing development currently provides 27 parking spaces, where a new shopping center would require approximately 32 parking spaces. The applicant states that the church provides its members with car-pool services by virtue of a church van, which will reduce the church's parking needs. There is the potential for several cars to enter and exit the parking lot at any one time after church services conclude. The only access to the site is provided by a local street, "I" Avenue, which can accommodate trips to and from the church. There is no direct vehicular access onto 8th Street. The potential for noise from the church activities was also considered. During meeting times, amplified instruments, singing and recorded music could affect adjacent businesses and nearby residential properties. A property developed with a single-family home abuts the north property line. An approximately six foot tall wood fence, on the north side of the projects site will screen the church activities to some degree. Finally, the church is more of an institutional use being proposed for a commercial zone. The building fronts a major arterial street in an urban environment suited for pedestrian friendly uses. A retail or other commercial use may be more appropriate for this location. Planning Commission considered this item at a public hearing October 20, 2003. Commissioners heard testimony in opposition to the project from the owner of the Highland Center shopping center across the street, and from a neighboring resident. The primary reason stated for opposing the project was the lack of available on -site parking. The applicant did not show up at the meeting despite verbal, and written notice. Commissioners discussed the compatibility of the church with adjacent uses and noted concerns regarding on -site parking. Furthermore, it was brought to the Planning Commission's attention that the church has been and is operating illegally. They voted to deny the project, determining that the site is not suitable for the proposed use, since it will have an adverse effect on adjacent properties by generating noise and traffic which would affect nearby residential property and that the use will not complement adjacent business uses. RESOLUTION NO. 37-2003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A CHURCH AT 833 E. 8TH STREET. APPLICANT: OCTAVIANO CABRERA — MISIONES EL SHADAI CASE FILE NO. CUP-2003-18 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a church at 833 E. 8th Street 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-2003-18 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 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 findings 1. That the proposed use will have an adverse effect on adjacent or abutting properties, since church functions and gatherings often generate impacts such as noise and traffic which would affect nearby residential property. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since the General Plan encourages commercial and complementary use on the property, and the church will not compliment adjacent business uses. BE IT FURTHER RESOLVED that the Planning Commission hereby denies conditional use permit application no. CUP-2003-18. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council; and, BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 3, 2003 by the following vote: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM AYES: NAYS: ABSENT: PRUITT ABSTAIN: CHI FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the congregation is relatively small and does not appear that, it will have a detrimental impact on the surrounding uses based on the time schedule of church functions. 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 church will generate only a small number of vehicle trips to the site when other businesses in the shopping center are closed or have a low level of customer activity, and since, the access to the site is off of "I" Avenue, which is a local street, can accommodate the church use on this site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since church services are conducted at off peak hours of other businesses related to the site. The primary use of the adjacent bar and office uses on the site do not readily conflict with the hours of operation of church services. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since church members and parishioners often convey a peaceful environment and help the community by volunteering their services in the community. RECOMMENDED CONDITIONS OF APPROVAL 1. This Conditional Use Permit authorizes a church at 833 E. 8th Street. 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-2003-18, dated August 8, 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. 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. 4. The maximum number of permitted occupants for the church shall be no more than 50 persons at any one time. 5. Exterior doors and windows shall remain closed during all church services, meetings, and activities. 6. Use of amplified instruments shall not exceed a noise decibel rating as prescribed by Title 12 of the National City Municipal Code. 7. 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. 8. 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. PROJECT LOCATION ZONE BOUNDARY ®®- NATIONAL CITY PLANNING DRN. DATE: 10/8/03 INITIAL HEARING: 10/20/03 SITE PHOTOS . . • AO% 'friiptihAj ,r4440140414.40:41a...,4 , - • SITE PHOTOS 4P-01 0,47?- SITE PHOTOS 10 SI I 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-2003-18 Project Location: 833 E. 8th Street Contact Person: Josue Espino Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: CONDITIONAL USE PERMIT FOR A CHURCH IN A SMALL SHOPPING COMPLEX. Applicant Name and Address: Octavian Cabrera Telephone Number: (619) 336-2406 705 Highland Ave. National City, CA 91950 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project involves the use of a roughly 1,043 square foot suite in an existing shopping complex as a church. Approval of the new use will not result in any expansion of the existing facilities. Date: Josue Espino Assistant Planner Recycled Paper Sunday, November 16 2003 MISIONES EL SHADAY Church bf Misiones El Shadai 833 E. 8hh street National City CA. 91950 Day of Agreetment: Oct. 20 2003 (monday) Dear; Appeal of Planning Commision We would like to know why you can"t give us the the license when we have done all rules of fire department and all the Document That have been required. We would like to inform you that we haven't disturbed any busnesses hours.The hours that we use all busness are close. only the one next to our right that is the bar, but we have allways respec them, because what we do isn't muchhours and it's only two *our a day.We only use this place two times a week from 6:00pm to 8:00pm. and Saturday same hours, and sunday at 10:30am to 12:30pm. In order of this purpose i•s that we what to finish this*delinquency that it's on this world. The word of God say that he is the path that aparts the men from doing bad things such as drugs, roberries violence, crimes, ect. It may sound Inposible, but we 11-‘now that for God everything is possible. Why we declaim this message? Because twit word of God is true, everyday we could see marriges happy and teenagers with a briant future. It's true you have the last word. But we would like you, please! to give us the license to stay and continue serving our LORD that he has and have been so wonderful to all of us. Thank you MISIONES EL SHADAI l5 NATIONAL CITY, CALIFORNIA AP L ATION for 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 DEPARTMENTnnUSE ONLY Case Number cup" 2cx 3 - B No6{_pp„�aiG® 'Filing Fee $kReceipt No7 Date Received —!7 )2/03 By - E.A.F. Required Fee $ Related Cases LEGAL DES�CRIPTION OF PROPERTY: (Attach if insufficient space) _Ce e ocic/ le& 0 / PROPERTY LOCATION i between and No. COMBINED GENERAL PLAN/ZONING DESIGNATION CO )77 Street Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 e )71 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: L11' ��h ", (///6/ ,j /e �o� 1.10lt4,`v�• rr�l rhorcfll / 5/ r dor 6,4 for 3h wl, in rtie 114) CJLJreW )1146,41506v 5 kr%4 -rr6 Y7 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: „ plc) SignaturSignature (Signature acknowledges that thin (Signature acknowledges that this application is being filed) application is being filed) Address: ,? !.2/ r &/ ri afJ Address: c ,77 r 0� Phone No. 67/ ' 7- Fax No. 4/ 7,�-) / 1 Date: Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: CCa V Ccx,,9 ra_ tip Car-1.9 ,0/ (Please type or print) Signature: riC7; 2c,(/- (f"i 7(Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9(13 a 1 4:C Lr a P\V 04 Di- a) C—b/, C Re, 7/?SC) Phone No. C6 /7 1 33 6' ?)'{ `' 7 Fax No. -- r-� Date: Q F. `7 �� - Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 fry City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #3 12/16/03 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd .wEETING DATE 12-16-2003 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 4 ITEM TITLE 90-DAY EXTENSION OF EXISTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHIjLES (TA) ABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. PREPARED BY RAY ALLEN, LT. DEPARTMENT POLICE EXPLANATION 336-4514 eisf On September 16, 2003, the City Council passed a resolution authorizing the Mayor to enter into a 90-day extension of an existing contract with MTDB to regulate para transit vehicles operating in the City of National City. The current 90-day extension expires on December 31, 2003. Staff has met with the Mayor and the City Attorney is drafting some amendments to the current contract to address concerns of the current agreement. The City Attorney and the Police Department request an additional 90-day extension so the City Attorney can draft the proper language for a new five year agreement with MTDB. The attached 90-day extension will authorize the Mayor to execute a new agreement with MTDB. After the City Council meeting, the resolution and agreement will be sent to MTDB. (Environmental Review _ N/A Financial Statement No financial impact. STAFF RECOMMENDATION Authorize the Mayor to approve contract for 90 days. BOARD/CO S N RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed 90-day extension Resolution Account No. Resolution No. 2003-172 A-200 {9/80) RESOLUTION NO. 2003 —172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 90-DAY EXTENSION TO AN AGREEMENT WITH METROPOLITAN TRANSIT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003, and from June 30, 2003 through September 30, 2003; and from October 1, 2003 through December 31, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through March 31, 2004. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Fifth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 9-16-03 AGENDA ITEM NO. 10 ITEM TITLE SO -DAY EXTENSION OF EXISTING AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE METROPOLITAN TRANSIT DEVELOPMENT BOARD (MTDB) ALLOWING MTDB TO REGULATE PARA TRANSIT VEHICLES (TAXICABS, ETC.) OPERATING IN THE CITY OF NATIONAL CITY. PREPARED BY Park Morse (336-424, EXPLANATION Acting City Manager DEPARTMENT City Manager The May 6, 2003, Council Agenda contained an item from the Police Depatnnent recommending the renewal of an agreement with MTDB (Metropolitan Transit Development Board) regulating paratransit/taxicab service in the City. The then proposed renewal would have been for a successor 53/ear period. At the May 6, meeting , the City Council elected to defer the item while certain policy issues were addressed. As a result, a temporary 90-day agreement extension was brought forward at the July 1, City Council meeting. At that time an extension until September 30, 2003, was approved. The September 30 agreement expiration is approaching. Staff understands that the policy issues may not yet be fully resolved and in that light an additional 90-day extension to the MTDB agreement may be appropriate at this time. The City Attorney has crafted a resolution authorizing an additional 90-day extension, and it is attached to this agenda report . The proposed extension will be slightly different in it's execution from the first extension because of timing. There is not sufficient time to bring this proposed 90-day extension before MTDB between now and the September 30, expiration date. Accordingly, Staff has designed the process so that if City Council adopts this agenda item tonight, authority will be delegated to the Mayor to execute a new 90-day extension agreement which will be drafted and forwarded to MTDB after tonight's City Council Meeting. Environmental Review ✓ N/A Financial Statement No financial impact, Account No. STAFF RECOMMENDATION Authorize the Mayor to approve contract for 90 days. BOARD ! COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed 90-day extension Resolution Agenda packet from 7/1/03 Council Meeting A-200 (9180) Resolution No. 2003-130 RESOLUTION NO. 2003 —130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION TO AN AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Development Board ("MTDB") is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code ("PUC") to enter into contracts to regulate transportation services within a city in its area of jurisdiction; and WHEREAS, the City of National City is within MTDB's jurisdiction; and WHEREAS, the City desires that MTDB regulate such vehicles and services pursuant to PUC Section 120266 in accordance with MTDB's uniform ordinance and Implementing policies and regulations; and WHEREAS, the City and MTDB entered into an agreement to authorize MTDB to regulate taxicab, jitney, charter, nonemergency medical, and sightseeing vehicles for the period from July 1, 1991 through June 30, 1995; and extended the agreement for the period from July 1, 1995 through June 30, 1998; and from July 1, 1998 through June 30, 2003, and from June 30, 2003 through September 30, 2003; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through December 31, 2003. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Extension of Agreement for Administration of Taxicab and Other For -Hire Vehicle Regulations with the San Diego Metropolitan Transit Development Board. Said Fourth Amendment to Agreement shall be kept on file in the office of the City Clerk. PASSED and ADOPTED this 16`" day of September, 2003. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 16, 2003 AGENDA ITEM NO. 5 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT (Ext. 4221) City Attorney At a Council workshop held earlier this year, the Mayor discussed a proposal to establish term limits for the Mayor's Office, coupled with a pension plan for that office. Establishment of term limits would require voter approval. The proposed resolution would authorize an agreement with Phase II Systems, the Public Agency Retirement System (PARS) trust administrator, to examine the feasibility of establishing a pension plan. Under the proposed Agreement, Phase II Systems would analyze programs used by similar cities and provide recommendations with regard to plan design and implementation for National City. The Consultant would also analyze the potential cost or savings to the City if such a program were implemented. Environmental Review X N/A Financial Statement Funds are available. STAFF RECOMMENDATION Approved By: (►" Account No901-409-000-710T0000 Adopt resolution approving agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS d Listed Below ) Resolution Proposed agreement Resolution No, 2003-173 A-200 t9. 99) RESOLUTION NO. 2003 —173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN WHEREAS, the City desires to retain a consultant to provide consulting services relating to the examination and feasibility of a pension plan for the Mayor's Office; and WHEREAS, the City has determined that Phase II Systems has the knowledge, experience, expertise and ability to provide these services desired by the City, and 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 an agreement with Phase II Systems to provide services relative to PARS Pension Plan. Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael DaIIa, City Clerk APPROVED AS TO FORM: Georg�iser, III City Attorney PARS PUBLIC • AGENCY • RETIREMENT •SYSTEM Phase II Systems PARS Trust Administrator Creative Solutions for Public Agencies - CONSULTANT AGREEMENT The Consultant Agreement (hereinafter referred to as "Agreement") is effective on December 16, 2003, between the Phase II Systems, the PARS Trust Administrator (referred to hereinafter as the "Consultant") and the City of National City (referred to hereinafter as the "City"). WHEREAS, the City desires to retain Consultant to provide professional consulting services; and WHEREAS, the Consultant has the knowledge, experience, expertise and ability to provide these consulting services; and WHEREAS, the parties desire to enter into an agreement concerning the provision of these consulting services; NOW, THEREFORE, in consideration of the promises and the mutual convenants contained herein, the parties agree as follows: I. Services Consultant shall provide experienced professionals to advise the City on matters relating to the examination and feasibility of a pension plan for the Mayor's Office. The Consultant shall analyze programs used by similar cities and provide recommendations with regards to plan design and implementation for the City. The Consultant shall also analyze the potential cost or savings to the City of such a program if implemented. The services of the Consultant are provided with the understanding that the Consultant does not engage in the practice of law, accounting, or actuarial science. A written report will be submitted at the conclusion of the work. All services shall be completed by May 1, 2004. II. Compensation, Billing, Terms and Procedures Consultant will be paid professional fees for the consulting services it provides based on the standard hourly rates which vary according to the level of professional staff working on the project as follows: 3961 MacArthur Blvd. • Suite 200 • Newport Beach • California • 92660 • (800) 540.6369 • WWW.PARSINFO.ORG • Fax (949) 250.1250 Position Hourly Rate Senior Vice President $225.00 Vice President $180.00 Managerial $155.00 Analyst $115.00 Clerical/Secretarial Staff $65.00 To provide a measure of cost containment for the City, total billed hours shall not exceed $10,000. The City shall pay Consultant's fees and expenses within thirty (30) days of receipt of invoice. Ill. Confidentiality Consultant agrees that all information and material provided to Consultant by City during the course of this engagement will be treated as confidential. Consultant shall not, at any time, provide to anyone or use such confidential information, whether written or oral, without the consent of City. Records During the term of this Agreement, and for a period of five (5) years after termination of this Agreement, Consultant shall provide duly authorized representatives of the City access to all records and material relating to calculation of Consultant' fees under this Agreement. Such access shall include the right to inspect, audit and. reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law. Independent Contractor Consultant is and at all times hereunder shall be an independent contractor. As such, neither the City nor any of its officers, employees or agents shall have the power to control the conduct of Consultant, its officers, employees or agents, except as specifically set forth and provided for herein. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' ,compensation and similar matters. Indemnification Consultant and City hereby indemnify each other and hold the other harmless, including their respective officers, directors, employees, agents and attorneys, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of Consultant's or City's, as the case may be, acts, errors, or omissions with respect to the performance of their respective duties hereunder. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction. Ownership of Reports and Documents The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to, and become the property of the City. Copies may be made for Consultant but shall not be furnished to others without written authorization from City. Designees The Plan Administrator of the City, or their designee, shall have the authority to act for and exercise any of the rights of the City as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Board of the City, a copy of which writing shall be delivered to Consultant. Any officer of Consultant, or his or her designees, shall have the authority to act for and exercise any of the rights of Consultant as set forth in this Agreement. Notices All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (a) To Phase II Systems: Phase II Systems; 3961 MacArthur Boulevard, Ste. 200; Newport Beach, CA 92660; Attention: President (b) To City: City of National City; 1243 National City Blvd.; National City, CA. 91950; Attention: City Manager Notices shall be deemed given on the date received by the addressee. Amendment This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto. Entire Agreement This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement. In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition. Counterparts This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. Headings Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. IN WITNESS, WHEREOF, the parties have executed this Agreement effective on the date and year first set forth above. PARS Trust Administrator, City of National City Phase II Systems By Title Date F:IDENNISINatlonal ptyAEngagemenl Agreement tt.doc By Title Date cETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 16, ?f101 AGENDA ITEM NO. 6 /ITEM TITLE RESOLUTION OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE DIVISION STREET/R AVENUE TRAFFIC SIGNAL IMPROVEMENTS, SPECIFICATION. NO. 02-1 PREPARED Y Albert Griego DEPARTMENT PUBLIC WORKS/ENGINEERING 336-4386 EXPLANATION On Wednesday December 10, 2003, four (4) bids were received and opened for the Division Street/R Avenue traffic Signal Improvements, Specification No. 02-1. The project includes the construction and installation of the traffic signals at Division Street and R Avenue including but not limited to installation of signal standards, masts, signal heads and luminaries, pedestrian signals and push buttons, controller, aluminum cabinet and foundation, conduit, wiring, and pull boxes, pedestrian barricades and signs, traffic striping, removal and replacement of 1,750 square feet of 3" of asphalt on 8" of base and restoration of all disturbed surface improvements. Staff has reviewed all the proposals and found the lowest responsive bidder, HMS Construction, Inc., qualified to perform the work. The total cost of the project is estimated to be $125,000.00. This amount includes the construction bid price of $99,952.00 plus approximately 15% ($15,000.00) for contingencies, and approximately 9% ($10,048.00) for materials testing, inspection, and surveying. CEnvironmental Review N/A Financial Statement This total cost of the project is estimated to be $125,000.00. Funding is available Finance Dire through Account Number 109-409-500-598-6560, 109-409-500-598-6559, 109-409-500-598-6558, 307-409-500- 598-6558. Account No. Approved Bin STAFF RECOMMENDATION Adopt the Resolutiontit 1 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1.Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet A-200 i9: 991 Resolution No. 2003-174 02-1 RESOLUTION NO. 2003 — 174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HMS CONSTRUCTION, INC. FOR THE DIVISION STREET/R AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT SPECIFICATION NO. 02-1 WHEREAS, the Engineering Department of the City of National City did, in open session on December 10, 2003, publicly open, examine and declare four sealed bids for the Traffic Signal Improvements Project on Division Street/R Avenue, Specification No. 02-1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Traffic Signal Improvements Project on Division Street/R Avenue to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, 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 HMS Construction, Inc. and the City of National City for the Traffic Signal Improvements Project on Division Street/R Avenue. Said contract is on file in the office of the City Clerk. Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. 'Eiser, Ill City Attorney Division Street/R Avenue Traffic Signal Improvements, Specification 02-1 C Contractor HMS Const. AEC Constr. T&M Electric, Inc. Lekos Electric Inc. Rank 1 2 3 4 1 Mobilization (Is) 1 $800.00 $1,500.00 $1,500.00 $1,000.00 2 Traffic Control 1 $3,780.00 $1,000.00 $4,000.00 $1,000.00 3 H 4 Install Traffic Detector Loops 31 $5,115.00 $6,200.00 $9,300.00 $9,300.00 Install Controller Unit 1 $475.00 $7,308.00 $1,000.00 $1,200.00 5 Install 2-inch Conduit 300 $3,300.00 $4,500.00 $4,200.00 $5,700.00 6 Install 3-inch Conduit 200 $2,640.00 $3,200.00 $2,800.00 $4,400.00 7 Install 4-inch Conduit 280 $4,816.00 $4,760.00 $4,480.00 $7,840.00 8 9 Install Type 5 Pull Boxes 12 $3,540.00 $2,400.00 $2,400.00 $1,200.00 Install Type 170E Controller 1 $11,900.00 $1,000.00 $9,000.00 $10,000.00 10 Install Type III Signal and Lighting 1 $2,800.00 $2,000.00 $3,000.00 $4,000.00 11 12 13 Install Type 1-A (10') Pole as Specified on Plans 1 $2,801.00 $2,000.00 $1,500.00 $3,000.00 Install Type 1-A (10')- Pole as Specified on Plans 1 $3,600.00 $2,000.00 $1,800.00 $3,700.00 Install Type 1-A (10') Pole as Specified on Plans 1 r $3,600.00 $2,000.00 $1,800.00 $4,000.00 14 Install Type 26-4-80 Pole as Specified on Plans 1 $11,000.00 $15,000.00 $10,500.00 $10,300.00 15 Install Type 26-4-80 Pole as Specified on Plans 1 $11,600.00 $15,000.00 $10,000.00 $9,500.00 16 Install Type 15 Pole as Specified on Plans 1 $3,850.00 $5,500.00 $3,500.00 $5,000.00 17 18 19 20 -.- 21 22 Install Emergency Pre-Emption Equipment 1 $9,100.00 $3,353.00 $8,000.00 $8,525.00 Install Type I Pedestrian Barrucades Remove 2 $650.00 $1,000.00 $800.00 $500.00 and Replace 3" of Asphalt on 8" of Base 1750 $4,375.00 $12,250.00 $12,250.00 $6,125.00 Traffic Striping r 1 $8,000.00 $6,500.00 $7,000.00 $6,400.00 eit rove ariu Keprace Sidewalk 70 $490.00 $280.00 $1,470.00 $1,260.00 Install Street Name Signs 2 $1,720.00 $99,952.00 $1,500.00 ' $100,251.00 - $1,600.00 $101,900.00 $1,600.00 $105,550.00 Total BID OPENING SPECIFICATION NUMBER: 02-1 PROJECT TITLE• DIVISION STREET/R AVENUE TRAFFIC SIGNAL IMPROVEMENTS OPENING DATE: WEDNESDAY, DECEMBER 10, 2003 TIME: 3:00 P.M. ESTIMATE: $110,000.00 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 12) BID AMOUNT (PAGE 14 ) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18 -BOND) HMS CONSTRUCTION, INC. 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92069 $99,952.00 N/A 2. 3. AEC CONSTRUCTION P.O. BOX 601071 SAN DIEGO, CA 92160 T&M ELECTRIC, INC. dba PERRY ELECTRIC 9201 ISAAC STREET, STE. B SANTEE, CA 92071 $100,251.00 $101,900.00 N/A N/A 4. LEKOS ELECTRIC, INC. 1370 PIONEER WAY EL CAJON, CA 92020 $105,550.00 N/A City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE neremhpr 16 2003 AGENDA ITEM NO. 7 /ITEM TITLE RESOLUTION DECLARING THE INSTALLATION OF ELECTRICAL POWER FOR THE FIRE DEPARTMENT'S TEMPORARY MODULAR BUILDINGS AN EMERGENCY PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JUDD ELECTRIC TO PERFORM THE SERVICES PREPARED BY DEPARTMENT Lori Brown Public Works/Engineering EXPLANATION 336-4582 On December 2, 2003 the Council approved an agreement to provide temporary modular buildings for the Fire Department. Staff had been working on leasing power facilities from a temporary power company. Due to the fact that a 700 amp service is necessary, which is more than the typical "temporary power service", the cost of leasing became prohibitive - $50,000 - $70,000. We then explored buying the needed equipment. Installation of power to the modular buildings must be expedited to keep the project on schedule. Staff obtained three cost estimates for electrical installation, and local company Judd Electric provided the lowest bid at $25,872.00. Council approval is requested to (1) declare the installation of electrical power for the fire facility buildings an emergency project, and (2) authorize the Mayor to execute an agreement with the lowest bidder, Judd Electric. X Environmental Review N/A Financial Statement Funding for expenditures to be paid from Account No. 250-409-500-598-1588. Approved By .. ^ FYBirector Yr 1a Account No. STAFF RECOMMENDATION Adopt theeR^Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below } Resolution No. 2003-175 1. Resolution 2. Agreement A-200 )9 99) fire RESOLUTION NO. 2003 — 175 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING THE INSTALLATION OF ELECTRICAL POWER FOR THE FIRE DEPARTMENT'S TEMPORARY MODULAR BUILDINGS AN EMERGENCY, AUTHORIZING THE WAIVER OF THE BID PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JUDD ELECTRIC TO PERFORM THE SERVICES WHEREAS, at its regular meeting on December 2, 2003, the City Council approved an agreement to provide temporary modular buildings for the Fire Department; and WHEREAS, staff have found that the cost of leasing the 700 amp electrical service necessary for the modular buildings is approximately $50,000 to $70,000, which is cost prohibitive; and WHEREAS, installation of power to the modular buildings must be expedited to keep the new fire station project on schedule; and WHEREAS, the City has determined that Judd Electric has the knowledge, experience, expertise and ability to provide these services desired by the City, and is willing to perform such services at a cost of $25,872.00; and WHEREAS, in case of an emergency the City Council may pass a resolution by a four -fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby determines that the public interest and necessity demand the immediate expenditure of public money to complete the installation of temporary modular buildings for the Fire Department, in order to safeguard life, health and property. BE IT FURTHER RESOLVED that the City Council hereby waives bidding procedures, and authorizes the Mayor to execute an agreement with Judd Electric to provide electrical power services to temporary modular buildings for the Fire Department. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 16th day of December, 2003. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND JUDD ELECTRIC THIS AGREEMENT is entered into this 2"d day of December 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Judd Electric (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to install electrical power for the temporary fire facility modular buildings. WHEREAS, the CITY has determined that the CONTRACTOR is a fund raising consultant is a licensed electrician, 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 as needed 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. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. John Cole hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Sam E. Judd, Jr. hereby 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'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 Aas 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. Project is to be completed within 30 days, (provided new circuit for old existing switchboard can be ordered and received in timely manner.) 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 2 Revised August 2003 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. 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. 3 Revised August 2003 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, 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. 4 Revised August 2003 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. 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 5 Revised August 2003 purchase - ' maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minirrium 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 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. 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. ment. For purposes of determining vuto is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or 6 Revised August 2003 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 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 7 Revised August 2003 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: Park Morse Acting City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Sam E. Judd, Jr. JUDD ELECTRIC 302 W. 19TH Street National City, CA 91950 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. 8 Revised August 2003 If checked, the CONTRACTOR shall comply with all of the reporting re /i4 ents of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 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 9 Revised August 2003 drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attorney JUDD ELECTRIC (Two signatures required for a corporation) Judd, (Title) By: (Name) (Title) 10 Revised August 2003 EXHIBIT "A" jUDDtw Friday, October 24, 2003 TO: Mr. John Cole City of National City RE: Power for Temporary Fire Station We are pleased to present our quote in the amount of $25,872.00 (twenty-five thousand eight hundred and seventy-two dollars) for the above referenced project and below listed scope of work. 1. Provide and install new 400A breaker in existing panel. 2. Provide and install new feeders to junction gutter for distribution to each trailer. 3. Provide and install disconnects for each trailer. 4. Provide and install feeders to each trailer. 5. Make connections and test. Conduit will be run along the fence or on the fence whichever is our best option. There will be five 100A services and one 200A service fed from the 400A feeder to be installed. Should you have any questions please contact our office. Sincerely, Sam E. Judd Jr. 302 W. 19th Street, National City, CA 91950 Phone (619) 474-7099 / Fax (619) 474-7097 CotNCtemoFiresta. doc ZETING DATE City of National City, California COUNCIL AGENDA STATEMENT December 16, 2003 AGENDA ITEM NO. 8 ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECTJ'I'gA LICENSE —AGREEMENT WITH THE DEPARTMENT OF NAVY FOR THE PEDESTRIAN BRIDGE REMOVAL OVER HARBOR DRIVE PREPARED BY EXPLANATION Din Daneshfar 336-4387 DEPARTMENT See attached explanation. Public Works/Engineering C Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) 1. Resolution 2. Proposed License Agreement (three original copies) 3. City's MOI Approved By: Finance Director Account No. Resolution No. 2003-176 A-200 i9.99) EXPLANATION: In accordance with the State of California, Department of Transportation, the existing closed pedestrian bridge over Harbor Drive in National City must be removed as an alternative to seismic retrofit. The bridge does not connect an intersection street, sidewalk or pathway to Harbor Drive. The project consists of removing the existing signal -span steel bridge structure, approximately 122 feet long, and 12 feet wide. It will also include the removal of the temporary chain link fences, and street signs. This is mainly a federally funded project, and the City has obtained an authorization from Caltrans (State) to proceed with the construction phase of the project. The westerly portion of the bridge approach is located within the Navy land, and prior to the advertisement/construction of the project the City is required to obtain a construction permit (License for Nonfederal Use of Real Property/License Agreement) from the Department of Navy. To issue the permit, the Department of Navy has required the City to show a current proof of insurance. The City Risk Manager's Office has provided an approved Memorandum Of Insurance (MOI), that is attached to the proposed Navy License Agreement form. The plans and specifications for the project have been approved, and are ready for advertisement. The purpose of this Resolution is to execute the proposed License Agreement. After the Agreement is executed, the Department of Navy will process the documents, and then issue the permit allowing the City/City's Contractor to work within the Navy property. There will be no permit fee/cost. The term of the License Agreement may vary due to the bidding and construction schedules. RESOLUTION NO. 2003 —176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH THE DEPARTMENT OF THE NAVY FOR THE REMOVAL OF THE PEDESTRIAN BRIDGE OVER HARBOR DRIVE WHEREAS, in accordance with the State of California's Department of Transportation, the existing closed pedestrian bridge over Harbor Drive in National City, which does not connect an intersection street, sidewalk or pathway to Harbor Drive, must be removed as an alternative to seismic retrofit; and WHEREAS, because the westerly portion of the bridge approach is located on land owned by the United States Navy, prior to the advertisement/construction of the demolition project the City is required to obtain a construction permit (License for Nonfederal Use of Real Property/License Agreement) from the Department of the Navy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a License Agreement with the Department of the Navy for the removal of the pedestrian bridge over Harbor Drive. Passed and adopted this 161h day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney r— LICENSE FOR NONFEDERAL USE OF REAL PROPERTY NAVFAC 11011/29 (6-75) (Supersedes NavDocks 2260) LICENSE NUMBER N6871103RP03P97 THIS LICENSE TO USE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE , `�-PARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED N THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE .TERSE SIDE HEREOF AND ANY SPECIAL CONDITIONS ATTACHED HERETO. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDITIONS AND GENERAL AND/OR SPECIAL PROVISIONS. 1. NAVAL ACTIVITY (Property Location) NAVAL BASE SAN DIEGO 2. DATES COVERED (Inclusive) FROM 15 AUGUST 2003 TO: 1 OCTOBER 2003 3. DESCRIPTION OF PROPERTY (Include room and building number where appropriate) PEDESTRIAN BRIDGE APPROACH (57C-0193) ON HARBOR DRIVE AT WOODEN STREET, AS SHOWN ON EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF. 4. PURPOSE OF LICENSE TO PROVIDE THE CITY OF NATIONAL CITY EMPLOYEES, CONTRACTORS, AND AGENTS ACCESS FOR THE PURPOSE OF DEMOLISHING APPROACHES TO ABANDONED WODEN STREET PEDESTRIAN BRIDGE. 5. LICENSOR UNITED STATES OF AMERICA DEPARTMENT OF THE NAVY 5a. LOCAL REPRESENTATIVE (Name and address) COMMANDER, SOUTHWEST DIVISION, NAVAL FACILITIES ENGINEERING COMMAND (REAL ESTATE) 1220 PACIFIC HIGHWAY SAN DIEGO. CA 92132-5190 6. LICENSEE (Name and address) CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91250-4301 P - 6a. LOCAL REPRESENTATIVE (Name and address) DIN DANISHFAR, NATIONAL CITY ENGINEERING DEPT, (619) 336-4387 / CLIFF ABELLA (TETRA TECH), (858) 673-5505 (ADDRESS IS SAME AS ITEM 6) 7 CASH PAYMENT BY LICENSEE (Payable in advance) (If no cash payment is required, enter "None" under item 7a "Amount") a. AMOUNT (Each . Payment) NONE. b. FREQUENCY c. FIRST DUE DATE d. TO (Local Government representative) 8. DEPOSIT FOR UTILITIES AND SERVICES (Payable in advance) (If no cash payment is required enter "None" under item 8a "Amount") a. AMOUNT (Each Payment) AS REQUIRED BY FURNISHING ACTIVITY. FREQUENCY PAYMENT DUE c. FIRST DUE DATE d. TO (Mailing Address) 9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE (If any or all insurance requirements have been waived, enter "None" in a,b,c, or d as appropriate) TYPE MINIMUM AMOUNT TYPE MINIMUM AMOUNT a. FIRE AND EXTENDED COVERAGE none c. THIRD PARTY PERSONAL INJURY PER PERSON $1,000,000 b. THIRD PARTY PROPERTY DAMAGE $1,000,000 c. THIRD PARTY PERSONAL INJURY PER ACCIDENT $1,000,000 10. GENERAL PROVISIONS (See Reverse Side) SEE SPECIAL PROVISIONS EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. II. EXECUTION OF LICENSE FOR NAME, POSITION, AND TITLE SIGNATURE DATE ...EPARTMENT OF THE NAVY KAREN P. RINGEL Real Estate Contracting Officer LICENSEE Naysta'hrid"edemnli cen cP 10. GENERAL PROVISIONS a. The Licensor hereby grants to the Licensee the right to use the premises or facilities described in item 3, together with the necessary rights of ingress and egress. b. This License shall be effective for the period stated in item 2 and is revocable at any time without notice at the option and discretion of the Licensor or its duly authorized representative. c. The use shall be limited to the purposes specified herein. d. This License shall be neither assignable nor transferable by the Licensee. e. If utilities and services are famished to the Licensee for its use of the premises, the Licensee shall reimburse the Licensor for the cost thereof as determined by the Licensor in accordance with applicable statutes and regulations. f The Licensee, at its own cost and expense, shall protect, maintain, and keep in good order, the premises or facilities licensed hereby. At the discretion of the Licensor, this obligation shall include, but not be limited to, contribution toward the expense of long term maintenance of the premises or facilities, the necessity for which accrued during the period of Licensee's use. The amount of expense to be borne by the Licensee shall be determined by prorating the total expense of the item of long term maintenance on the basis of fractional use by the Licensee. This fractional part of the total expense shall be prorated further if the item of long term maintenance did not accrue in its entirety during Licensee's use. g. Upon a determination by the Licensor that the necessity exists for an expenditure of funds for maintenance, protection, preservation, or repair, the Licensee shall pay to the Licensor, its proportionate share, on demand. h. No additions to, or alterations of, the premises or facilities shall be made without the prior consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterment, and improvements made, or installed, and restore the premises or facilities tolhe same, or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted. i. The Licensee shall be liable for any loss of, or damage to, the premises or facilities incurred as a result of its use and shall make such restoration or repair, or monetary compensation as may be directed by the Licensor. ' abili ;' or lees shaltuot-exceed4he-amount-tffilusumnee-se-required. The Licensee shall not be liable for loss of, or damage to, the premises arising from causes beyond the control of the Licensee and occasioned by a risk not in fact covered by insurance and not customarily covered by insurance in the locality in which the premises are situated.Nothing contained r. All insurance required of the Licensee on the premises shall be for the protection of the Licensor and the Licensee against their respective risks and liabilities in connection with the premises. Each policy of insurance against loss or damage to Government property shall name the Licensee and the United States of America, Department of the Navy, as the insured and shall contain a loss payable clause reading substantially as follows: "LOSS, IF ANY, UNDER THIS POLICY SHALL BE ADJUSTED WITH (NAME AND LICENSEE) AND THE PROCEEDS, AT THE DIRECTION OF THE GOVERNMENT, SHALL BE PAYABLE TO (NAME OF LICENSEE), AND PROCEEDS NOT PAID TO (NAME OF LICENSEE) SHALL BE PAYABLE TO THE TREASURER OF THE UNITED STATES OF AMERICA." In the event that any item or part of the premises or facilities shall require repair, rebuilding, or replacement resulting from loss or damage, the risk of which is assumed under this paragraph, the Licensee shall promptly give notice thereof to the Licensor and, to the extent of its liability as provided in this paragraph, shall, upon demand, either compensate the Government for such loss or damage, or rebuild, replace or repair the item or items of the premises or facilities so lost or damaged, as the Licensor may elect. If the cost of such repair, rebuilding, or replacement exceeds the liability of the Licensee for such loss or damage, the Licensee shall effect such repair, rebuilding, or replacement if required so to do by the Licensor, and such excess of cost shall be reimbursed to the Licensee by the Licensor. In the event the Licensee shall have effected any repair, rebuilding, or replacement which the Licensee is required to effect pursuant to this paragraph, the Licensor shall direct payment to the Licensee of so much of the proceeds of any insurance carried by the Licensee and made available to the Government on account of loss of or damage to any item or part of the premises or facilities as may be necessary to enable the Licensee to effect such repair, rebuilding or replacement. In event the Licensee shall not have been required to effect such repair, rebuilding, or replacement, and the insurance proceeds allocable to the loss or damage which has created the need for such repair;`rebuilding or replacement have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount of such proceeds. j. Interest: Notwithstanding any other provision of this License, unless paid within thirty (30) days, all amounts that become payable by the LICENSEE to the GOVERNMENT under this contract (net of any applicable tax credit under the internal Revenue Code) shall bear interest from the date due until paid and shall be subject to adjustments as provided in the Federal Acquisition Regulations, as in effect on the date of this License. The interm-nte per annum shall be the interest rate in effect which has been established by the Set Of the Treasury pursuant to Public Law 95-563, the Contracts Disputes Act of 1978,'�.. .i is applicable to the period in which the amount becomes due as herein provided. Amounts shall be due upon the earliest one of (a) the date fixed pursuant to this contract; (b) the date of the first written demand for payment, consistent with this License, including demand consequent upon default termination; or (c) the date of transmittal by the GOVERNMENT to the LICENSEE of proposed supplemental agreement to confirm completed negotiations fixing the amount. The interest charge made under this clause may be reduced under the procedures prescribed in 32.614 of the Federal Acquisition Regulations in effect on the date of this contract. k. The Licensee shall indemnify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982; 28 U.S.C. Sec 2671, 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from the use of the premises by the Licensee. Licensee shall furnish the insurance specified in Item 9. Each policy of insurance required in Item 9 covering bodily injuries and third party property damage shall contain an endorsement reading substantially as follows: *(a) The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy. (b) The Commanding Officer, Southwest Division, Naval Facilities Engineering Command, San Diego, California, shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the policy. (c) The United States of America (Dept. of the Navy) is added as an additional insured in operations of the policy holder at or from the premises licensed from the United States. (d) This insurance certificate is for use of facilities at item #1. I. All insurance required by this License shall be in such form, for such periods of time, and with such insurers as the Licensor may require or approve. A certificate of insurance or a certified copy of each policy of insurance taken out hereunder shall be deposited with the Licenser's local representative prior to use of the premises and facilities. The Licensee agrees that not less than thirty (30) days prior to the expiration of any insurance required by this License, it will deliver to the Licensor's local representative a certificate of insurance or a certified copy of each renewal policy to cover the same risks. m. No member of or delegate to congress, or resident commissioner shall be admitted to any share or part of this License or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this License if made with a corporation for its general benefit. n. The Licensee warrants that it has not employed any person to solicit or secure this License upon any agreement for a commission percentage, brokerage or contingent fee. Breach of this warranty shall give the Government the right to annul this License or in its discretion to recover from the Licensee the amount of such commission, percentage, brokerage or contingent fee in addition to the considerationherein set forth. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of securing business. o. In connection with the performance of work under this License the Licensee agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer' recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Licensee agrees to pose hereafter in conspicuous places available for employees and applicants for employment, notices to be provided by the Licensor setting forth the provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. p. All activities authorized hereunder shall be subject to such rules and regulations as regards supervision or otherwise, as may, from time to time, be prescribed by the local representative of the Licensor as designated in Item 5a. SWDIV 1 tot tl29 (I-92) (Back) ENGINE DERARTMEMI REVISIONS „..,4:14PPROVED DATE BY APPROVED DATE CONSTRUCTION RECORDS SURVEYOR. DATE STARTED: BENCHMARK: INSPECTOR: DATE COMPLETED: HORIZONTAL CONTROL: 0 N 3 0 3 �. 0 3 0 3 NAVAL HARBOR tt 20'-0'x [6096 mmj I5-0" 4600 mm] men 0 3 0 IC- VI* WOOEN STREET I I [3050 mmj I t 600 mm K -- K —�A$ DRIVE a, I n 0 t6'-0'i [4870 mm) CLEARANCI: a n 35'-0'b (I0668 m:n[ S n / Special Provisions N6871103RP03P97 Exhibit "B" The following additional provisions shall control in the event of any conflict with the General Provisions of this License and are hereby incorporated into the License by attachment hereto. 1. Licensee shall be solely responsible for obtaining, at its sole cost and expense, any and all environmental permits or approvals required for its operations under the license, independent of any existing federal, state, and/or local permits. 2. Licensee and its officers, employees, agents, and contractors shall comply with all applicable federal, state and local environmental, hazardous material, and occupational safety and health laws, regulations and ordinances that are or may become applicable to Licensee's activities on the Licensed Property. Licensee shall be solely responsible for any and all fines, penalties, and enforcement actions instituted under said laws and regulations to the extent that such fines, penalties, and/or enforcement actions were caused by Licensee on or after the execution of this License. 3. The Licensee shall not store, treat, or dispose of toxic, contaminated, or hazardous materials or substances (including wastes) on or near the Premises, except as specifically approved by the Secretary of the Navy in accordance with 10 U.S.C. §2692. If such approval is obtained, Licensee shall strictly comply with the California Code of Regulations, Titles 17, 22, & 23 and other applicable Federal, State, and local laws and regulations governing utilization, storage, and release reporting of hazardous materials or substances on the property and the management/disposal of hazardous waste. Except as specifically authorized by the Government in writing, Licensee must provide at its own expense for such hazardous waste management complying with all laws and regulations. Government hazardous waste management facilities will not be available to Licensee. Nor will Licensee permit its hazardous or solid wastes or other materials to be commingled with hazardous waste of the Department of the Navy. Any violation of the requirements of this condition shall be deemed a material breach of this License. 4. Licensee shall be responsible, at no cost to the Government, for any restoration or remedial work required as a result of the actions of Licensee on or after the execution of this License. 5. Licensee releases, remits, and forever discharges the Government, its officers, agents and employees of and from any and all claims, causes of action, injuries, damages, and demands whatsoever in law or in equity arising out of, or connected with, Licensee's use and /or occupancy of the Licensed Property on and after the execution of this License and not resulting from the negligence or willful intent or misconduct of Government, its officers, agents and/or employees. 1 Special Provisions N6871103RP03P97 Exhibit "B" Licensee agrees to indemnify, defend, and hold harmless the United States against all fines, claims, damages, law suits, judgments, and expenses arising out of or from Licensee's use and/or occupancy of the Licensed Property on and after the execution of this License and not resulting from the negligence or willful intent or misconduct of Government, its officers, agents, and/or employees. 6. Any agency of the United States, its officers, agents, employees, and contractors, may enter upon the Licensed Premises, at any time for any purpose including, but not limited to, conducting inspections, compliance with the Government's environmental compliance obligations as landowner, and conducting environmental response actions. Such inspections shall be without prejudice to the right of duly constituted enforcement officials to make inspections. 7. Licensee will comply with the rules and regulations as may be prescribed by the Commanding Officer, Naval Base, San Diego. 8. All persons who enter upon the Premises pursuant to this License do so at their own risk. Licensee shall cause such persons to observe strict fire and smoking precautions. Licensee shall further ensure that no fires are lighted on the Premises and that no firearms or intoxicating liquor shall be carried onto the Premises by any persons entering said Premises pursuant hereto. 9. Government shall not be responsible for the loss or theft of anything stored by Licensee or its agents on or about the Premises. 10. Licensee shall ensure that access to the Premises is swept up and properly disposed of on a daily basis to keep the area free and clear of excess dirt and debris. Licensee shall ensure that the debris will not enter the storm drains. 11. Licensee cannot assign, voluntarily or by operation of law, this License and Licensee shall not sublet or permit the use of the Premises, or any part thereof, and any attempt to do so shall be null and void. Government may assign this License and any rights or obligations hereunder without consent of the Licensee. 12. The Licensee will ensure that any area trenched under the Government's perimeter fence will be plated and secured the same day. 13. The Licensee will ensure that no fuel spills reach the storm drain/San Diego Bay. Storm drain catch basins within the construction area will be covered to prevent sediment/debris from entering the storm drains. 14. Any sand/gravel stock piles shall be covered/bermed by Licensee to prevent erosion. 2 Special Provisions N6871103RP03P97 Exhibit "B" 15. If Licensee grinds or cuts PVC pipe, it will ensure that all PVC shavings are swept up and properly disposed of. Licensee shall ensure that any epoxy used will be properly stored and disposed. 16. Licensee, and its officers, employees, agents, and contractors shall coordinate access with Mr. Mack McKuskie in the Public Works Office, (619) 556-0685. Contractor must have valid contract prior to the issuance of any base access badges. 17. Licensee, and its officers, employees, agents, and contractors shall, at the Government's satisfaction, erect suitable temporary fencing during the project. Additionally, Licensee, and its officers, employees, agents and contractors shall, to the Government's satisfaction, replace and restore the existing fencing to match existing conditions. 3 SELF-INSURANCE REQUIREMENTS FORM INSURANCE MUST CONFORM TO ALL THE REQUIREMENTS LISTED BELOW X 1. PUBLIC LIABILITY AND PROPERTY DAMAGE a. Required minimum amounts of insurance listed below: $ 1,000,000 Third Party Property Damage $ 1,000,000 Third Party Personal Injury Per Person $ 1,000,000 Third Party Personal Injury Per Accident X 2. SELF-INSURANCE REQUIREMENTS: If your organization is self -insured, please provide evidence of self-insurance which meets or exceeds the insurance liability amounts in Item # 1. The following information, written on your organization's letterhead, is also required: • A brief description of your organization's self-insurance program. • The name and telephone number of your organization's self-insurance program administrator. • Reference the appropriate military facility and contract number. IF YOUR SELF-INSURANCE PROGRAM DOES NOT MEET THE ABOVE MINIMUM REQUIREMENTS: • Please provide evidence of Excess Liability Insurance in the amount necessary to meet or exceed the minimum requirements in Item #1 above. • The following endorsements are required for Excess Liability insurance policies: a. "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy." b. "The Commanding Officer, Southwest Division, Naval Facilities Engineering Command, San Diego, California, shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the self insurance program." c. "The United States of America (Department of the Navy) is added as an additional insured in operations of the policyholder at or from the premises licensed/leased from the United States". d. "This insurance certificate is for use of facilities at the Naval Base San Diego, Contract Number N6871193RP03P97". e. Loss, if any, under this policy shall be adjusted with (Name of Licensee) and the proceeds, at the direction of the Government, shall be payable to (Name of Licensee), and proceeds not paid to (Name of Licensee) shall be payable to the Treasurer of the United States of America." X 3. NOTICE: "RIGHT TO USE" DOCUMENTS WILL NOT BE FULLY EXECUTED UNTIL CERTIFICATE IS RECEIVED WITH PROPER ENDORSEMENTS. Enclosure ('9, ) MEMORANDUM OF INSURANCE I ISSUE DATE 12/3/03 DRIVERTHIS ALLIANT INSURANCE SERVICES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 (949) 756-0271 MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER. THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY * INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY NATIONAL CITY JOINT POWERS FINANCING AUTHORITY 1243 NATIONAL CITY BLVD. LETTER B: "San Diego Pooled Insurance Program Authority, A Public S Aan ncy." NATIONAL CITY, CA 91950 * MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. MEMORANDUM MEMORANDUM LIABILITY LIMITS IN THOUSANDS LTR TYPE OF COVERAGE MEMORANDUM NUMBER EFFECTIVE DATE EXPIRATION DATE EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY SELF INSURED 07/01103 - 07/01/04 BI & PD COMBINED 100, N/A PERSONAL INJURY $ INCL. B EXCESS LIABILITY* * SDC 0018 07/01/03 07/01/04 BI & PD COMBINED 1,900, $ 15,000, *** * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES / SPECIAL ITEMS USE OF FACILITIES AT THE NAVAL BASE SAN DIEGO FOR THE PURPOSE OF DEMOLISHING A PEDESTRIAN BRIDGE ACROSS HARBOR DRIVE. CONTRACT NUMBER N6871103RP03P97. TERM DECEMBER 1, 2003 TO FEBRUARY 28, 2004 ***THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES Al MEMORANDUM HOLDER CANCELLATION UNITED STATES OF AMERICA, DEPARTMENT OF THE NAVY SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. COMMANDER, SOUTHWEST DIVISION, NAVAL FACILITIES ENGINEERING COMMAND (REAL ESTATE) AUTHORIZED SIGNATURE ,; 1220 PACIFIC HWY SAN DIEGO, CA 92132-5190 ,,,,.a I PNBO1\GROUPS\JPUnit\_Un0\Mary\_Temp Stuln_Sd-liab-pri.dol Endorsement Number 6 Effective 7/1/03 Contract Number SDC 0018 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply: 1. Section III — Persons and/or Entities Insured, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Insured's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Insured; or 3. work performed for that insured by the Named Insured; or 4. that Insured's financial control of the Named Insured; or 5. the maintenance, operation or Use by the Named Insured of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Insured agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Insured ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0018 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 25 day of July , 2003. By: Authorized Representative OUPONI\SANDPIPASSD-LIABE.RY\SD-LIAR-CERt SD-POOL-AI-END.DOC City of National City, California COUNCIL AGENDA STATEMENT ._.eETING DATE December 16, 2003 AGENDA ITEM NO. 9 (-ITEM TITLE A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT WITH TETRA TECH ENGINEERING, INC. TO PROVIDE THE CITY WITH ENGINEERING INSPECTION SERVICES TO INSTALL MISCELLANEOUS CONCRETE IMPROVEMENTS, SPECIFICATION NO. 03-5, AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING DEPARTMENT TO EXECUTE THE AGREEMENT PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION 336-4380 See attached explanation. ( Environmental Review X N/A Financial Statement This agreement is for a "Not to Exceed" amount of $33,460. Funds are available in Account No. 109-409-500-598-6137. Approved By: /y, ` Finaldce Director /k Account No. STAFF RECOMMENDATION Adopt the Resolution. _ '1/41 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below 1 1. Resolution 2. Proposed Supplemental Agreement Resolution No. 2003-177 A-200 99) 2 EXPLANATION: On December 2, 2003, by Resolution Number 2003-166, the City Council awarded a contract to Portillo Concrete, Inc. 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. The City Of National City has ongoing contract with Tetra Tech, Inc. to provide as needed engineering services for the City's Capital Improvement Program. Staff has considered this firm to provide the inspection services for this project during construction. Tetra Tech completed the inspection of the last year's Miscellaneous Concrete Improvements project. This is a partially federal funded (CDBG) project and there are special requirements for federally funded projects. Tetra Tech is familiar with the City's inspection requirements and the federal requirements. The engineering services will include the daily general construction inspection activities. Based upon the staff's request, Tetra Tech has proposed a plan, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope of work is consistent with the City's inspection needs. The work can be accomplished through a Supplemental Agreement to the existing "As - needed" contract. The final scope of work is attached as part of the Supplemental Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal (Exhibit "B') is a "Not to Exceed" amount of $33,460. RESOLUTION NO. 2003 — 177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUPPLEMENTAL AGREEMENT WITH TETRA TECH ASL, INC. TO PROVIDE THE CITY WITH ENGINEERING INSPECTION SERVICES TO INSTALL MISCELLANEOUS CONCRETE IMPROVEMENTS, SPECIFICATION NO. 03-5, AND AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING DEPARTMENT TO EXECUTE THE SUPPLEMENTAL AGREEMENT WHEREAS, at its regular meeting on December 2, 2003, the City Council approved Resolution No. 2003-166, which awarded a contract to Portillo Concrete, Inc. for the Miscellaneous Concrete Improvements at Various Locations in National City Project (Specification No. 03-5); and WHEREAS, the City desires to employ a consultant to provide engineering inspection services for this project; and WHEREAS, the City has determined that Tetra Tech ASL, Inc. is a professional engineering firm and is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services; and WHEREAS, the City entered into an Agreement with Tetra Tech ASL, Inc. on April 17, 2001, to provide engineering services, and the scope of services may be expanded to include the additional work proposed to be performed by Tetra Tech ASL, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Public Works/Engineering Director is hereby authorized to execute a Supplemental Agreement with Tetra Tech ASL, Inc. to provide engineering inspection services for the Miscellaneous Concrete Improvements at Various Locations in National City Project (Specification No. 03-5). Said Supplemental Agreement is on file in the Office of the City Clerk. Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney SUPPLEMENTAL AGREEMENT MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS IN NATIONAL CITY SPEC. NO. 03-5 WORK ORDER NO.1 TETRA TECH ASL, INC. This work order is for construction inspection services for Miscellaneous Concrete Improvements at Various Locations in National City. Services shall be as set forth in the following Exhibits: EXHIBIT A DESCRIPTION OF THE PROJECT EXHIBIT B PAYMENT AND SCHEDULE OF SERVICES EXHIBIT C SUBCONSULTANTS CONSULTANT CITY Tetra Tech ASL C. Howard Arnold, Project Manager City of National City Stephen M. Kirkpatrick Acting Director of Public Works/Engineering Date: / / / J Date: EXHIBIT A MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONSIN NATIONAL CITY SPEC. NO. 03-5 TETRA TECH ASL, INC. SCOPE OF SERVICES This work order is for construction inspection of the City's Miscellaneous Concrete Improvements at Various Locations. The inspection services shall be provided in accordance with the City of National City's construction administration procedures. The consultant shall meet with the City staff and obtain the documents that need to be used during construction inspection. There will be special requirements for the federal -aid projects. The proper forms shall be used for providing daily reports, payroll log sheets, interviews, etc. The major inspection services can be outlined as follows: 1. Daily Construction Inspection shall be required for comprehensive compliance with the contract documents. 2. The construction inspector shall attend the pre -construction conference. 3. The construction inspection shall include the preparation of daily reports. The daily reports are to include a listing of the men and equipment on site and the work completed each day. The daily report shall follow the city's standard format. 4. Every Friday the inspector shall prepare summary report of work completed during the week. This report shall be in sufficient detail to allow comparison to contractor's weekly submittal of required 15-day look ahead schedule. 5. The inspector will also assist the city project manager as required to determine percentage of work completed for reconciling progress payments. Daily reports shall include all information necessary to determine quantity of work complete according to categories listed on bid sheet for items other than the construction work items. The work shall be compared against the required submittal of contractor's schedule of values breakdown. The inspector shall review and pre -approved the Contractor's progress estimates based on the completed work in the ;field prior to submittal of the invoices by the contractor. The inspector shall complete the payroll employee log sheets based on the listing of the men worked on the job site daily. 6. The inspector shall conduct random interviews with the construction employees (use the standard form). 7. Attendance at weekly meetings with the contractor by the inspector will be required. The meetings will be held on the construction site. Caltrans representative will request to have random meetings during the construction period with the City regarding the payrolls and other items onthe work progress. 8. The inspector performing the inspection services shall be under the supervision of a Registered Civil Engineer employed by Tetra Tech. The adequacy of the background and experience of the inspector to perform the inspection services as required will be the responsibility of the Registered Engineer. 9. The inspector's time sheets shall be submitted to the City biweekly. The Registered Civil Engineer shall certify by signature that the time sheets are correct. 10. The inspector will be required to direct project management type issues/inquiries to the City's Project Manager. See attached construction specifications and drawings for limits of the project. EXHIBIT B MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONSIN NATIONAL CITY SPEC. NO. 03-5 TETRA TECH ASL, INC. PAYMENT FOR SERVICES Payments to Tetra Tech Inc. for the DESCRIBED SERVICES (EXHIBIT A) shall be made in accordance with the contract agreement. Normal processing time for payments is four (4) weeks. Payment for the DESCRIBED SERVICES shall be based on the approved hourly charge rates in the contract. The payments will be based upon the actual number of hours performed on the project. The total cost shall not exceed $33,460. See the attached Tetra Tech's cost proposal dated November 12, 2003 for the details. The City Of National City may unilaterally from time to time reduce or increase the contract duration (Number of the Hours) based upon the available funds. B. Reimbursable Expenses None. EXHIBIT C MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONSIN NATIONAL CITY SPEC. NO.03-5 TETRA TECH ASL, INC. LISTING OF SUBCONTRACTORS / SUBCONSULTANTS Listed below are any and all SUBCONSULTANTS, which the CONSULTANT plans to employ under this AGREEMENT. No change is allowed without the prior approval of the Contract Administrator. None. FEE PROPOSAL CITY OF NATIONAL CITY MISCELLANEOUS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 2003-2004 SPEC. NO. 03-05 PREPARED BY: TETRA TECH, INC. DATE: November 12, 2003 ESTIMATED LABOR HOURS PER CLASSIFICATION PROJ MGR SRCONST OBSVR WORD PROC TOTAL LABOR HOURS TOTAL LABOR COSTS DIRECT COSTS TOTAL COST $140.00 $74.00 $52.00 INSPECTION SERVICES 1 Daily Construction Inspection (45 working days x 8hrs = 360hrs) 360 360 $26,640 $350 $26,990 2 Additional Inspection Hours (45 working days x lhr = 45hrs) 45 45 $3,330 $3,330 3 Pre Job and Job Closeout (1 day prejob and 2 days jobcioseout) 24 24 $1,776 $1,776 4 RCE Supervision (lhr per week x 9 weeks = 9hrs) 9 2 11 $1,364 $1,364 SUBTOTAL 9 429 2 440 $33,110 $350 $33,460 TOTAL NOT TO EXCEED AMOUNT $33,460 MationalCiry MiocCoorFEEFY03-04 I 12/ 10,03 City of National City, California CIL AGE ©A STATE E T MEETING DATE December 16, 2003 AGENDA ITEM NO, 10 i(4EM TITLEA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MAAC PROJECT TO PROVIDE THE CITY WITH LEAD HAZARD CONTROL FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM R': cLee 7i ` _ ea- ) PREPARED BY Kathleen Trees 4213 EXPLANATION DEPARTMENT Building & Safety On October 1, 2003 the City of National City was awarded $2,984,152 from the U.S. Department of Housing and Urban Development (HUD) for lead hazard control in the communities of West Side, Bay Side, El Pueblo, Civic Center and Central City in the City of National City. As a sub -grantee, the MAAC Project will provide lead hazard control in 110 low-income homes in the target areas. This includes accompanying the city's risk assessor to provide input for the final work plan and to determine if MAAC weatherization funds are applicable to the particular project. They will also produce a work plan, determine if relocation is needed, provide cost estimates, schedule the work and then perform the work. In addition, they will be training 6 at -risk youth from the Urban Corps as lead hazard control workers. The MAAC Project portion of the grant is $1,568,611 from HUD and $236,931 in matching in -kind services. Environmental Review V N/A Financial Sta en W1soks- $1,568,611 i aavailable for this contract in account number 254-413-000-299-0000. cc u N STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Contract Resolution No. 2003-178 A-200 (9/80) RESOLUTION NO. 2003 - 178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE METROPOLITAN AREA ADVISORY COMMITTEE TO PROVIDE THE CITY WITH LEAD HAZARD CONTROL FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM WHEREAS, on October 1, 2003, the City was awarded $2,984,152 from the U.S. Department of Housing and Urban Development ("HUD") for lead hazard control in the communities of West Side, Bay Side, El Pueblo, Civic Center and Central City in the City of National City; and WHEREAS, the City desires to employ a consultant to provide the City with lead hazard control for the HUD Lead Hazard Control Grant Program; and WHEREAS, the City has determined that the Metropolitan Area Advisory Committee ("MAAC") is a not -for -profit social service agency and is qualified by experience and ability to perform the services desired by the City, and MAAC 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 an agreement with MAAC to provide the City with lead hazard control for the HUD Lead Hazard Control Grant Program. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Elser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND METROPOLITAN AREA ADVISORY COMMITTEE THIS AGREEMENT is entered into this 16th day of December, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and METROPOLITAN AREA ADVISORY COMMITTEE (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide lead hazard control services. WHEREAS, the CITY has determined that the CONTRACTOR is a not for profit multi -purpose social service agency and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 1. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 1 to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Sco`> a 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 Revised August 2003 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 0% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees 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 Coordinator to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Patty Bailey thereby is designated as the Project Coordinator for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit 1 shall not exceed the schedule given in Exhibit 2 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 1 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 in -kind services provided and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit 3. 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 2 Revised August 2003 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. 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 3 Revised August 2003 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, 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 4 Revised August 2003 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. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. Revised August 2003 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, 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- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have Revised August 2003 and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining whp 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 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; 7 Revised August 2003 (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: Kathleen Trees, Director Building & Safety Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Patty Bailey METROPOLITAN AREA ADVISORY COMMITTEE 1395 Third Avenue Chula Vista, CA 91911 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 8 Revised August 2003 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. n 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 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 9 Revised August 2003 agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures required for a corporation) By: By: CCIP Nick Inzunza, Mayor Roger Ca well Senior Vice President APPROVED AS TO FORM: George H. Eiser, III City Attorney By: Salvador Saucedo Board President 10 Revised August 2003 EXHIBIT 1 SCOPE OF SERVICES 101. Provide Lead Hazard Control in 110 low-income homes in the areas of West Side, Bay Side, Central, Civic Center and El Pueblo in National City. The eligibility of the unit will be determined by the City. a. MAAC Project will have it's Program Manager and weatherization provider accompany the City's Risk Assessor on the risk assessment for those units who have applied for the program to provide input for the final work plan and to determine if weatherization funds would be applicable. b. For those units who qualify they will develop a coordinated work plan with cost estimates for each unit signing a contract. In addition, they will determine the relocation needs and schedule the work after receiving a work order from the City. They will perform the work then advise the City when the work is completed. c. They will accompany the City on a completion walk through then prepare a maintenance plan and reevaluation schedule for the owner. 102. Attend quarterly advisory meetings and monthly meetings with the City and EHC. 103. Provide monthly progress reports 104. Train 4 lead workers and 6 at -risk youth from the Urban Corps. EXHIBIT 2 COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of ONE MILLION FIVE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED AND ELEVEN ($1,568,611) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than TWO HUNDRED THIRTY SIX THOUSAND NINE HUNDRED AND THIRTY-ONE ($236,931). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 1 may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 1 and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement, this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment 1 and 3) include adequate and appropriate documentation for the expenses claimed. EXHIBIT 3 Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on March 31, 2007. Grant Application Detailed Budget MAAC PROJECT OMB Approval No. 2501-0017 Worksheet (Exp. 03/31/2005) Name and Address of Applicant: 22 W. 35th Street Suite 100 National City, CA 91950 (619)409-7588 Category Detailed Description of Budget (for full grant period) Program 1. Personnel (Direct Labor) Estimated Hours Rate per Hour Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Income Position or Individual Project Director 624 $31.25 $19,500' . $0 $19,500 Project Coordinator 2,080 $22.00 $45,760 $0 $45,760 Supervisor 2,080 $22.00 $45,760 $0 $45,760 Assessment 2,412 $20.00 $48,240 $48,240 $0 LHC Supervisor Assistant 6,240 $17.50 $109,200". $109,200 $0 Senior Administrative Supervisor 6,240 $20.00 $124,800 ;1 $124,800 $0 Lead Worker 6,240 $19.00 $118,560 $118,560 $0 Lead Worker 6,240 $19.00 $118,560`='; $118,560 $0 Lead Worker 6,240 $19.00 $118,560 '' $118,560 $0 Lead Worker 2,880 $10.00 $28,800 $28,800 $0 Apprentices (6 for 3 months) $777,740 $666,720 $111,020 Other Program Total Direct Labor Cost Rate (%) Base Estimated Cost, . HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Income 2. FringEi:/enefits 16.00% $777,740 $124,438 $106,675 $17,763 Health Insurance 7.65% $777,740 $59,497 $51,004 $8,493 _ FICA 28.00% $777,740 $217,767':- $186,682 $31,085_ Workmen's Comp 1.95% $777,740 $15,166:`--', $13,001 $2,165 Unemployment Insurance r3,, $416,868 $357,362 $59,506 Total Fringe Benefits Cost =� - Other Program 3. Travel Mileage Rate per Mile Estimated Cost':, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Income 3a. Transportations- Local Private Vehicle LHC Supervisor 3600 $1,440 $1,440 $0 $0.400 3600 $0.400 $1,440 -: $1,440 $0 Assessment Supervisor ��p^" , 8 § e $ 2,660 ! $2,660 $0 Subtotal - Trans - Local Private Vehicle , s form HUD-424-CBW (212003) V 4uamuas41-V 3b. Trans •ortation- Airfare show destination Subtotal - Transportation - Airfare 3c. Trans • ortation - Other Two leased vehicle monthly) Vehicle Insurance (monthly) Subtotal - Transportation - Other 3d. Per Diem or Subsistence indicate location Subtotal - Per Diem or Subsistence 4. Equipment (Only items over $5,000 De • reclated value Quantity Quantity Grant A Unit Cost 30 $1,000.00 $290.00 Rate per Day $0.00 Unit Cost $0.00 lication Detailed Bud et Worksheet Detailed Descr .tion of Bud et Applicant Other Other Match HUD Federal d Cost HUD Share Funds Share $0 Estimated �0 # $0 Estimated Cost:, . HUD Share $30,000 ` $30,000 $8, Nu ;'`" $8,700 $38,700 $38,700 Estimated Cost HUD Share eU $0<# $41 580 . » $41,580 $0 $0 $0 Applicant Match $0 $0 $0 Applicant Match $0 $0 $0 Applicant Match $0 $0 Other HUD Funds Other HUD Funds Other HUD Funds Other Federal Share Other Federal Share Other Federal Share State Share State Share State Share Local/Tribal Share State Share Program Income Program Income LocalfTriba Share Local/Tribe Share Local/rriba Share Other Other Other Other form HUD-424-03W (2/2003) Program Income Program Income Grant Application Detailed Budget Worksheet Detailed Description of Budget Depreciated Value) 5. Supplies and Materials (Items under $5,000 - Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 5a. Consumable Supplies Office Supplies $100) 36 $100.00 $3,600 $3,600 $0 (36 x Lead $280,000. $280,000 $0 control materials Weatherization labor $30,000.00 $30,000 $30,000 material _ Supplies ' '',.,,..Z:1:'StrO',,:-.1 $313,600 --' $283,600 $30,000 Subtotal - Consumable Quantity Unit Cost Estimated Cost HUD Share Applicant -Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income 5b. Non -Consumable Materials $8,000.00 $8,000:: $8,000 Start up tools $3,046.00 $3,046 ..- $3,046 Dumpster disposal 36 $231.00 $8,316 $8,316 - Hazardous material VaifiilZI,VS* 'AA* $19,362.- $19,362 Subtotat- NonConsumable Materials rIVIII, , ,„ _ ,.,mo.,,,-0 $332,962,- $302,962 $30,000 Program Total Sup .l,tS and Materials Cost Days , Rate per Day Estimated Cost, HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Income 6. Consultants (Type) $0.00 $0 ,tA' $0 ra:,,iVira /f., ow-gr $0 V. $0 Other Program Total Consultants Cost Quantity ,. Unit Cost Estimated Cost ' HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Localaribal Share Income 7. Contracts and. Sub -Grantees (List individually) Vkl-k-Wiageg wal, 1, - form HUD-424-CBW (2/2003) Total Subcontracts Cost 8. Other Direct Costs Items ead testing for staff Training/certification Completion bonding for lead hazard control work Warehouse space (monthly) Quantity 2 30 Total Other Direct Costs 9. Indirect (Type) Federally approved rate Rate Unit Cost Estimated Cost... HUD Share $0 2,000 $2,000 :: $ 2,000 1,000 $12,000ij`�'_ $ 12,000 0$0 15,000 $15,000,:' $ 15,000 $13,5$0 900 $27,000' $ 13,500 $56,000' $42,500 $13,500 Grant Application Detailed Budget Worksheet Detailed Description of Budget Applicant Other Other State Share Local/Tribal Other Pncome rogram Match HUD Federal Share Funds Share Applicant Other Other State Share Local/Tribal Other Pr ora m Base Estimated Cost HUD Share Match HUD Federal Share $1,625,150 $180,392 $157,487 $22,905 Total Indirect Costs Total Estimated Costs Analysis of Total Estimated Costs 1. Personnel (Direct Labor) 2. Fringe Benefits 3. Travel 4. Equipment 5. Supplies and Materials 6. Consultants 7. Contracts and Sub -Grantees 8. Other Direct Costs 9. Indirect Costs Total Federal Share $1,568,611 Match $236,931 15.10% expressed as a Estmated Cost $ 777,740 $ 416,868 $ 41,580 $ 332,962 $ $ 56,000 $ 175,464 $ 1,805,542 percentage of the Federal Share $180,392':' $157,487 $22,905 $1,805,542. $1,568,611 $236,931 Percent of Total' 43.08% 23.09%;` 0.00% 18.44%?'=. 0.00%'s 0.00%'a''? 3.10% 9,72% 100.00% City of National City, California UNCIL AGE DA STAT E T MEETING DATE December 16, 2003 AGENDA ITEM NO. 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY I,1"EM TITHE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ENVIRONMENTAL HEALTH COALITION TO PROVIDE THE CITY WITH PUBLIC OUTREACH FOR THE HUD LEAD HAZARD CONTROL GRANT '�PROGRAM PREPARED Y Kathleen Trees 4213 DEPARTMENT Building & Safety EXPLANATION On October 1, 2003 the City of National City was awarded $2,984,152 from the U.S. Department of Housing and Urban Development (HUD) for lead hazard control in the communities of West Side, Bay Side, El Pueblo, Civic Center and Central City in the City of National City. As a sub -grantee, the Environmental Health Coalition (EHC) will provide public outreach. This includes producing brochures about the program and distributing them door-to-door to the residents. They will also hold lead -safe cleaning and maintenance workshops as well as coordinate any media outreach. The EHC portion of the grant is $372,865 from HUD and $34,357 in matching in -kind services. Environmental Review ✓ N/A Financial St teme t tri $372,865 available for this contract in account number 254-413-000-299-0000. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Contract i Resolution No. 2003-179 A-200 (9180) RESOLUTION NO. 2003 — 179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE ENVIRONMENTAL HEALTH COALITION TO PROVIDE THE CITY WITH PUBLIC OUTREACH FOR THE HUD LEAD HAZARD CONTROL GRANT PROGRAM WHEREAS, on October 1, 2003, the City was awarded $2,984,152 from the U.S. Department of Housing and Urban Development ("HUD") for lead hazard control in the communities of West Side, Bay Side, El Pueblo, Civic Center and Central City in the City of National City; and WHEREAS, the City desires to employ a consultant to provide public outreach for the HUD Lead Hazard Control Grant Program; and WHEREAS, the City has determined that Environmental Health Coalition is a not - for -profit social service agency and is qualified by experience and ability to perform the services desired by the City, and Environmental Health Coalition 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 an agreement with Environmental Health Coalition to provide public outreach of the HUD Lead Hazard Control Grant Program. Said Agreement is on file in the office of the City Clerk. Passed and adopted this 16`h day of December, 2003. Nick Inzunza, 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 ENVIRONMENTAL HEALTH COALITION THIS AGREEMENT is entered into this 16th day of December, 2003, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ENVIRONMENTAL HEALTH COALITION (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide public outreach for lead hazards. WHEREAS, the CITY has determined that the CONTRACTOR is a not - for -profit social service agency and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR, The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit 1. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit 1 to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith end confer for the purpose of negotiating a Revised August 2003 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 0% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Kathleen Trees hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Leticia Ayala thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on quarterly billings covering actual work performed on or after October 7, 2003. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit 1 shall not exceed the schedule given in Exhibit 2 (the Base amount) without prior written authorization from the Project Coordinator. Quarterly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit 1 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 in -kind services provided and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit 3. 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 2 Revised August 2003 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. 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. 3 Revised August 2003 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, 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. 4 Revised August 2003 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. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 5 Revised August 2003 purchase and maintain throughout the term of this agreement, the following insurance policies: U 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 CONSULTANT's 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. employees. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the 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 bithe 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 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 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) 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: Kathleen Trees, Director Building & Safety Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Diane Takvorian, Executive Director Environmental Health Coalition 1717 Kettner Blvd, Suite 100 San Diego, CA 92101 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. II 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 Environmental Health Coalition (Two ssii natures required for a corporation) By: By: -1 r-(..1 A/Z'u-t& Nick Inzunza Mayor (Di ne Takvorian) APPROVED AS TO FORM: George H. Eiser, Ill City Attorney By: Executive Director (Nameyl Csenya /4( 1t s T ) (Title) 10 Revised August 2003 EXHIBIT 1 SCOPE OF SERVICES 101. Provide education, outreach and recruitment for lead based paint in the areas of West Side, Bay Side, Central, Civic Center and El Pueblo in National City. a. Education: 1. Develop a program logo and produce 20,000 copies of a brochure explaining the benefits and eligibility requirements of the program. The brochure will be in English and Spanish and will be made available to the residents of National City in public places such as the library. 2. Beginning in April 2004, hold quarterly lead -safe cleaning and maintenance workshops. b. Outreach: 1. Distribute program brochures door-to-door to 1000 units in the program areas. 2. Coordinate a comprehensive media strategy. 3. Maintain a database of all lead -safe housing units and make it available to the public on the web along with information on lead hazards and lead poisoning. Give information on the database to housing advocates and train public library staff. Allow private lead abatement contractors to include units in the database. c. Recruitment: 1. Screen up to 30 units per quarter for eligibility in the program, as needed to recruit the required number of units for lead hazard control. Verify basic eligibility then schedule in -home screening. Provide application forms and eligibility forms and help them complete them. Encourage blood lead testing and provide information on lead hazards. 2. Make monthly presentations to existing groups to identify 20 owner - occupied units for control work. 3. Coordinate with County CLPPP to take referrals on cases. 4. Provide clinics with release forms for lead testing. 5. Perform follow-up visits after control work has been done and administer a short evaluation and assessment. 102. Attend quarterly advisory meetings and monthly meetings with the City and EHC. 103. Provide monthly progress reports EXHIBIT 2 COST SCHEDULE 201. The total compensation for all services performed pursuant to this Agreement shall not exceed the sum of THREE HUNDRED SEVENTY TWO THOUSAND EIGHT HUNDRED SIXTY FIVE (372,865) in Federal Funds. Contractor's matching funds in the form of in kind services, shall not be less than THIRTY FOUR THOUSAND THREE HUNDRED FIFTY SEVEN ($34,357). 202. The CONTRACTOR acknowledges that the City is under no obligation to compensate the CONTRACTOR for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified above. It shall be the responsibility of the CONTRACTOR to monitor its activities to ensure that the scope of services specified in Exhibit 1 may be completed and no charges accrued in excess of the maximum compensation during the term of this Agreement. 203. It is expressly understood that any expenditures by the CONTRACTOR which are not within the prescribed limitations of this paragraph and Exhibit 1 and applicable laws, rules, and regulations governing this Agreement are not chargeable to this Agreement. 204. Following execution of the HUD Agreement, this Agreement and the Request for Release of Funds, the CONTRACTOR may submit a request for funds to the City specifying the amount due for services performed by the CONTRACTOR. Each request shall: 1) describe the services performed in detail, 2) indicate the amount of federal and matching funds charged by line item on Attachment A and 3) include adequate and appropriate documentation for the expenses claimed. EXHIBIT 3 Length of Agreement 301. All services required pursuant to this Agreement shall commence effective as of the date the Agreement is fully executed and shall terminate on March 31, 2007. Category Name and Address of Applicant: 1. Personnel Direct Labor Posi Project Coordinator (.2 FTE) Organizer Coordinator (.5 FTE) FTE) ion or Individual Communit Promotora Administrative 5 FTE Assistant Total Direct Labor Cos 2. Fringe Benefits Total Fringe Benefits Cost 3. Travel 5 3a. Transportation - Local Private Vehicle Project Coordinator Promotora Coordinator Subtotal - Trans - Local Private Vehicle Grant A .. lication Detailed Bud Environmental Health Coalition 1717 Kettner Blvd. Suite 100 San Diego, CA 921 01 Estimated Hours 1,498 3,744 3,744 3,744 Rate (%) 26.00% Mileage 4500 4500 Rate per Hour $27.76 $17.70 $15.60 $15.60 Estimated Cost.,__;. HUD Share $41,573 -( $66,269 $58,406 $58,406 $41,573 $66,269 $58,406 $43,805 $224,655 !' $210,053 Base Estimated Cost HUD Share $224,655 $58,410$54,614 Rate per Mile $0.400 $0.400 $58,410 V: $54,614 Estimated Cost $1,800'. $1,800 HUD Share $1,800 $1,800 $3,600 $3,600 • et Worksheet Detailed Description of Budget (for full grant Applicant Other Match HUD Funds $14,602 $14,602 Applicant Match $3,796 $3,796 Applicant Match Other HUD Funds period) Other Federal Share Other HUD Funds Other Federal Share Other Federal Share State Share State Share OMB Approval No. 2501-0017 Local/Tribal Share State Share (Esp. 03/31/2005) Local(Tribal Share LocallTribal Share Other Other Other Program Income Program Income form HUD-424-C8W (21201:13) Program Income V quamgDs1IV Grant Application Detailed Budget Worksheet Detailed Description of Budget ' - 3a Transportation -Airfare (show destination) Trips Fare Estimated Cost;tr HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income Travel to Washington, D.C. 1 $600.00 $600 `•• $600 Subtotal - Transportation - Airfare r;, ; K - $600 C. $600 3c. Transportation - Other Quantity Unit Cost Estimated Costiii,ii HUD Share Applicant Match Other HUD Funds Other Federal Share State Share _ Local/Tribal Share Other Program Income Subtotal - Transportation - Other 3d. Per Diem Subsistence location) Days Rate per Day Estimated Costa: HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income or (indicate Travel to Washington 3 $225.00 $675 X $675 _ Subtotal Per Diem Subsistence 7 $675 $675 - or Total Travel Cost $4 875' $4 875 4. Equipment (Only items over $5,000 Depreciated value) Quantity Unit Cost Estimated CostbS HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program Income I Total Equipment Cost _ form HUD-424-CBW (2/2003) Quantity Quantity Suplies and Materials Items under $5,000 De recia ed Value 5a. Consumable Sup les Training materials Cleaning/sampling supplies Presentation materials Office Supplies Postage Subtotal - Consumable &polies 5b. Non -Consumable Materials Corn •iuter Re istration fees -community events Subtotal - Non -Consumable Materials Total Sup.lies and Materials Cost 6. Consultants T Promotoras (10 hrs/mo/36 months) 7. Contracts and Sub -Grantees List individuall Brochure development Translator Brochure printin MEErIMME111111111111.11111111.I- Quanti 20000 Grant A Unit Cost $75.00 $30.00 $25.00 $50.00 $10.00 Unit Cost $1,500.00 $50.00 Rate Or Day $96.00 lication Detailed Bud Detailed Descri tion of Bud et Estimated CostiliN HUD Share $300 El $300 $6,000 42. $6,000 $000 IS $900 $1,800 El $1,800 $360 MI Unit Cost $500.00 $280.00 $360 $9,360 $9,360 Estimated Cost .4 HUD Share $1,500 tiE. $1,500 $450 !A $450 $1,950.$1,950 $11,310 Estimated Cost HUD Share $10,800 N $10,800 $10 800 12 $10,800 Estimated Cost HUD Share $500 $2,800 $5,000 $2,800 $5,000 $8,300 $8,300 Applicant Match Applicant Match Applicant Match Applicant Match Other HUD Funds et Worksheet Other HUD Funds Other HUD Funds Other HUD Funds Other Federal Share Other Federal Share Other Federal Share Other Federal Share State Share State Share Local/Tribal Share State Share State Share Program Income Program Income Local/Triba Share Local/Tribal Share Local/Tribal Share Other Other Other Other form HUD-424-CBW (2/2003) Program Income Program Income Grant Application Detailed Budget Worksheet Quantity Unit Cost Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local/Tribal Share Other Program income 9. Other Direct Costs Item 1.7 FTE) 1.7 $ 3,935.17 $6 690 $6,690 Rant (program share 1.7 FTE) 1.7 $ 604.33 $1,027 s,i: $1,027 Utilities (program share 1.7 FTE) 1.7 $ 583.33 $992 $992 Telephone (program share Insurance (program share 1.7 FTE) 1.7 $ 222.83 $379 $379 ?R`n? $9 088 *`I $0 $9,088 Total Other Direct Costs SAW" ".-`" $327,438 I1)s $299,952 $27,486 - Subtotal of Direct Costs . .r, Program Rate Base Estimated Cost HUD Share Applicant Match Other HUD Funds Other Federal Share State Share Local(rribal Share Other Income 10. Indirect Costs Type 25.00% $319,137.90 $79 784 41( $72,913 $6,871 Federally approved rate . $79,784 Y1 $72,913 $6,871 Total Indirect Costs Total Estimated Costs � �,. a�� $407222 $372,865 $34,357 form r+uoa2acawtvzoosJ City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 16, 2003 AGENDA ITEM NO. 12 (-ITEM TITLE RESOLUTION APPROVING 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 was required to be adopted at a public hearing by the City of National City affected by the traffic congestion. The deficiency plan was required due to the failure of a freeway segment in the City of National City on the regional Congestion Management Program (CMP) system to meet the applicable Level Of Service (LOS) standard. 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. Notice of the Public Hearing (Exhibit "A") was advertised on the public local paper. On December 2, 2003 the Public Hearing was held, and the plan was approved by the City Council. Adoption of the Resolution is necessary to formalize the result of the December 2nd Public Hearing. Environmental Review N/A Financial Statement Adoption of the Resolution has no financial impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below ) 1. Resolution 2. Notice of Public Hearing Resolution No. 2003-180 A-200 (999) RESOLUTION NO. 2003 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FREEWAY DEFICIENCY PLAN FOR THE CENTRAL INTERSTATE 5 CORRIDOR WHEREAS, a Final Subsequent Environmental Impact Report ("SEIR") for the City of San Diego's Ballpark and Ancillary Development Projects and Associated Plan Amendments, dated October 26, 1999, required the development of a Freeway Deficiency Plan ("FOP") for the freeway systems serving San Diego's Centre City 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; and WHEREAS, the failed freeway segment is located on Interstate-5 in the cities of San Diego and National City; and WHEREAS, before the FDP can be accepted or rejected by SANDAG, which is acting as the region's Congestion Management Agency, the plan must be approved by the local jurisdictions affected by the traffic congestion; and WHEREAS, pursuant to state law, the City Council held a public hearing on December 2, 2003, to consider approval of the FDP for the Central Interstate-5 Corridor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Freeway Deficiency Plan for the Central Interstate-5 Corridor is hereby approved. A copy of said Plan is on file in the office of the City Clerk. Passed and adopted this 16`h day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: .xr George H. Eiser, III City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a public hearing after the hour of 6:00 p.m., Tuesday, December 2, 2003, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, to consider: APPROVAL OF THE FREEWAY DEFICIENCY PLAN FOR THE CENTRAL INTERSTATE 5 CORRIDOR STUDY. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the public hearing. DATED: November 19, 2003 Michael R. Data, CMC City Clerk oft e City of National City, California 621 Recycled Paner City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 16, 0? 03 AGENDA ITEM NO. 13 7-ITEM TITLE RESOLUTION OF THE CITY COUNCIL TO APPROVE, ACCEPT, AND RECORD PARADISE VALLEY ROAD FINAL SUBDIVISION MAP (S-2000-3,IS-200-10) PREPARED BY Adam Landa 336-4394 EXPLANATION DEPARTMENT Public Works/Engineering Burkett & Wong Engineering, representing Pacific scene the owners of Paradise Valley subdivsion, has submitted a final map for the property on Paradise Valley Road and Plaza Boulevard for the City Council approval, acceptance, and filing with the County Recorder. The map includes street dedication on Plaza Entrada and Hollyhock Lane. The final map consists of 39 parcels. The tentative map has been reviewed by the Planning Commission on October 1, 2001. The City Council approved the tentative map by Resolution No. 2001-188 on December 4, 2001. The final map has been reviewed and approved by the Public Works/Engineering Department and Planning Department. CEnvironmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Paradise Valley Subdivision Map Resolution No. 2003-181 valley A-200 99) RESOLUTION NO. 2003 —181 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE PARADISE VALLEY FINAL SUBDIVISION MAP (S-2002-3, is-200-10) WHEREAS, at a regular meeting of the City Council held on December 4, 2001, the City Council adopted Resolution No. 2001-188, approving the tentative subdivision map for the property on Paradise Valley Road and Plaza Boulevard generally described as: Portions of Lots 2, 3, 4, 5, 6, and 7 of B. F. Pritchard's Paradise Villa Addition to National City, in the City of National City, County of San Diego, State of California, according to Map thereof No. 155, filed in the Office of the County Recorder of San Diego County, July 7, 1887. WHEREAS, all requirements of the tentative subdivision map, the State Subdivision Map Act and Title 17 of the City of National City Municipal Code have been complied with. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of National City that the final subdivision map for the subject property on Paradise Valley Road and Plaza Boulevard is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivision map with the County Recorder. Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Daila, City Clerk APPROVED AS TO FORM: in Li, ince George H. Eiser, Ill City Attorney OWNER'S STATEMENT WE HEREBY CERTIFY THAT WE ARE THE OWNERS OE, OR ARE INTERESTED IN THE LAND EMBRACED WWINN THE SUBDIVISION TO BE KNOWN AS PARADISE VALLEY SUBDIVSION AND HE HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP. CONSISTING OF 7 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. NE THEREBY DEDICATE TO PUBLIC USE HOLLYHOCK LANE AND PLAZA ENTRADA AND APPURTENANCES ,HERETO, ALL AS SHOWN ON THIS MAP WITHIN THIS SUBDIVISION. NE HEREBY GRANT TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, THE EASEMENT ROTH THE RIGHT OF INGRESS ANC EGRESS FOR THE CONSTRUCTION AND MAINTENANCE OF DRAINAGE FACILITIES DE` IGNF TED AS 'DRAINAGE EASEMENT GRANTED HEREON'. AS SHOWN ON THIS MAP WITHIN THIS SUDDIVISION; RESERVING. HOWEVER. TO THE OWNER OF THE FEE UNDERLYING SAID EASEMENT HEREIN SPEWED THE CONTINUE D USE OF THE SURFACE OF SAID REAL PROPERTY AND SUBJECT TO THE STE UCTI , CONDITIONS Nf THE ERECTING OF G BUILDINGS, LD NGS MA N Y SO R FENCES, MASONRY WALLS ANDOTHER STE THEUR ES. OR THE PLANTIN R 0 ER G 0 GROWING OF TREES OR SHRUBS OR CHANGING THE SURFACE GRADE,PR THE LLATON OFPRIVATELY OWNED PIPELINES SHALL BE PROHIBITED UNLESS AN ENCROACHMENT IS FIRST OBTAINED FROM THE CTY ENGINEER PURSUANT - TO THE MUNICIPAL CODE. NE HEREBY GRANT TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, THE EASEMENT WITH THE RIGHT OF INGRESS ANC EGRESS FOR THE CONSTRUCTON AND MAINTENANCE OF UNDERGROUND UT Jr FACILITIES ANO PEDESTRIAN ACCESS DESIGNATED AS "UTILITY AND PEDESTRIAN ACCESS EASEMENT CRANED HEREON". AS SHOWN ON THIS MAP WITHIN THIS SUBDIVISION; RESERVING, HOWEVER, TO -HE OWNER OF THE FEE UNDERLYING SAID EASEMENT HEREIN GRANTED THE CONTINUED USE OF THE EJI;FACE OF SAID REAL PROPERTY AND SUBJECT TO THE FOLLOWING CONDITIONS' THE ERECTING OF BUI.OINGS, MASONRY FENCES, MASONRY WALLS AND OTHER STRUCTURES, OR THE PLANTING OR GROWING OF TREES OR SHRUBS; OR CHANGING THE SURFACE GRADE; OR THE INSTALLATION OF PRIVATELY OWNED PIPELINES SHALL BE PROHIBITED UNLESS AN ENCROACHMENT PERMIT IS FIRST OBTAINED FORM THE CITY ENGINEUN PURSUANT TO THE MUNICIPAL CODE. LCHA VERDE. NC. A CALL1PUAIA CORPORATION DBA PACIFIC SCENE HOMES f AE IN B.KNDAY PRE.JOENT OY C- ALLEN FADS VICE PRESIDENT SMITE OF CALIFORNIA CO INIE OF SW DIEGO 55 ON MOyBMSEA 3 7.003 BEFOPE WC lobe 6.1...A6M0A 4 NOTARY PUBLIC , PERSONALLY APPEARED -16,60HM 6. KFIOMAY AND ALLEY.) EADS PERSONALLY KNOWN TO ME C^ P" r ^• '1C ^ - CA+. +^..., ^ Inn .�� i0 BE THE PERSONS WHOSE E SU $7 ARE SUBSCRIBED TO THE RI IN INSTRUMENT AND ACKNO EDGED TO RE THAT pc/,4[ .4034 EXECUTED THE SAME IN }LIK/AER' EI AUTHORIZED CAPACITIlE , AND -HAT BE 345./6Eq 140jB SIGNATURE® ON THE INSTRUMENT, THE PERSON} OR THE ENTITY UPON BEHALF OF WHICH T PERSON® ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIDNATLIRE PR NT NAME JAse L464DA V.1 COMMISSION EXPIRES ON M AC.CN as.1001- v.Y PRINCIPAL PLACE OF BUSINESS 15 IN SAN DLE6) COUNTY. SINTE OF CALIFORNIA S.S. C JNTY OF ON BEFORE ME, A NOTARY PUBLIC , PERSONALLY APPEARED AND %EIISONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE AFNSON(5) WHOSE NAME(S) 15/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO -RE THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/1HEIR AUTHORIZED CAPACITY(IES), AND "I. IT BT HIS/HER/ $1EIR SIGNATURE(S) ON THE INSTRUMENT, THE PERSON(S) OR THE ENTITY UPON E=.HALF OF WHICH THE PERSON(S) ACTED. EXECUTED TIRE INSTRUMENT. W'.'NEST. MA HAND 5.'NA TJRE ',NT NAME COMMISSION EXPIRES ON uI ARINCIPAL PLACE OF SDSINESS IS IN COUNTY. PARADISE VALLEY SUBDIVISION BEING A SUBDIVISION OF ALL THOSE PORTIONS OF LOTS 2 THRU 7 OF B.F. PRITCHARD'S PARADISE VILLA ADDITION TO NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 155, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 7. 1867. SUBDIVISION GUARANTEE FURNISHED ET FIRST AMERICAN TITLE INSURANCE COMPANY. ORDER NO. 1290231-22. THE SIGNATURES C URET OF THE PART LI STED LS ED BELOW OWNERS OF A T E SEMEN 5 PER DOCUMENTS NOTED BELOW HAW BD BEENIOOMITTED UNDER THE PROVISION ST 16 SUBSECTION (0) (3) TITL (i) OF THE SIGNATURES ARE ACT,THEIR INTEREST S SUCH THAT IT CANNOT RIP EN EN INTO A FEE TIT LE AND SAID SIGNATURES ARENOT REQUIRED BY THEGOVERNING OVE NG BODY I. FRANK A. KIMBALL. ET. AL., FOR AN EASEMENT RECORDED AUGUST 30, 1871 IN BOOK 14, PAGE 185 0 DEEDS. 2. KIMBALL BROTHERS WATER COMPANY FOR AN EASEMENT RECORDED OCTOBER 14, 1869 IN BOOK 7, PAGE 120 OF DEEDS. 3 THE COUNTY OF SAN DIEGO FOR AN EASEMENT RECORDED AUGUST 24, 1096 IN BOOK 257, PAGE 159 OF DEEDS, AN EASEMENT RECORDED AUGUST 4, 1938 IN BOOK 808. PAGE 154 OF OFFICIAL RECORDS. AN EASEMENT RECORDED DECEMBER 30, 1938 IN BOOK 851, PAGE 386 OF OFFICIAL RECORDS. AN EASEMENT RECORDED DECEMBER 21. 1971 AS INSTRUMENT NO. 297647 OF OFFICIAL RECORDS, AN EASEMENT RECORDED DECEMBER 1. 1978 AS INSTRUMENT NO. 78-51B265 AND BAY 3, 1978 AS FILE NO. 78-179395 BOTH OF OFFICIAL RECORDS. 4. ROBERT STEWART BAXTER. ROBERT H. HADSTATE, ANO FLORENCE A. BAXTERAN FOR AN EASEMENT RECORDED MARCH 15. 1985 AS INSTRUMENT NO. 85-086925 OF OFFICIAL RECORDS. 5. THE CITY OF NATIONAL CITY FOR AN EASEMENT RECORDED JULY 8. 1985 AS INSTRUMENT NO. 85-242615 OF OFFICIAL RECORDS. 6. SOUTH BAY IRRIGATION DISTRICT FOR AN EASEMENT RECORDED DECEMBER 31, I986 AS INSTRUMENT NO 86-626675 OF OFFICIAL RECORDS. AN EASEMENT RECORDED DECEMBER CI, 1971 AS INSTRUMENT NO. 297647 OF OFFICIAL RECORDS. AN EASEMENT RECORDED DECEMBER I, 1978 AS INSTRUMENT NO. 78-518265 AND MAY 3, 1978 AS ALE NO. 78-179395 BOTH OF OFFICIAL RECORDS ARE NOT SHOWN WITHIN THIS MAP BECAUSE THEY HAVE BEEN ABANDONED AND VACATED PURSUANT TO SECTION 664349 OF THE SUBDIVISION NAP ACT. CITY CLERK'S STATEMENT I. CITY CLERK OF THE CITY OF SAN DIEGO, CALIFORNIA. HEREBY CERTIFY THAT, BY RESOLUTION NO. THE COUNCIL OF SAID CITY HAS APPROVED THIS MAP. INCLUDING THE ABANDONMENT OF THE EASEMENTS AND VACATION OF THE STREETS AS INDICATED HEREON PURSUANT TO SECTION 66434g OF THE STATE SUBDIVISION MAP ACT AND HAS ACCEPTED THOSE ITEMS LISTED IN THE CERTIFICATE SIGNED BY THE OWNERS UNDER THE CONDITIONS EXPRESSED THEREIN. IN WITNESS WHEREOF, SAID COUNCIL HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE CITY CLERK AND ATTESTED BY ITS' SEAL THIS DAY OF 2001. MICHAEL DALLA, CITY CLERK MAP NO. SURVEYOR'S STATEMENT SHEET I OF' 7 SHEETS I. JAMES L. MEYER. A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECTOR ON JULY 30, 2002. AND THAT SAID SURVEY 15 TRUE AND COMPLETE AS SHOWN; THAT ALL STAKES. MONUMENTS, AND MARKS FOUND, TOGETHER WITH THOSE SET. ARE OF THE CHARACTER INDICATED AND OCCUPv THE POSITIONS SHOWN THEREON. I WILL SET ALL OTHER MONUMENTS OF CHARACTER, AND AT POSITIONS INDICATED BY THE LEGEND ON THIS MAP WITHIN THIRTY (30) DAYS AFTER THE COMPLETION OF TIE REQUIRED IMPROVEMENTS AND ALL SUCH MONUMENTS ARE OR MILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET NO. 2). I HEREBY CERTIFY THAT THIS MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IF ANY. LS 4307 A 004 ATE it-4-O3 CITY ENGINEER'S STATEMENT BURTON S. MYERS, DEPUTY CITY ENGINEER OF THE CITY OF NATIONAL CITY CALIFORNIA. HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNEXED MAP OF THIS SUBDIVISION TO BE KNOWN AS PARADISE VALLEY SUBDIVISION. CONSISTING OF 7 SHEETS AND DESCRIBED IN THE CAPTION THEREOF. FOR CORRECTNESS OF SURVEY DATA, MATHEMATICAL DATA, AND COMPUTATIONS AND SETTING OF MONUMENTS AND HAVE FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATVE MAP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT OF 'THE STATE OF CALIFORNIA AS AMENDED. AND OF ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE THE OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED W1M, AND I AM SAUSFIED AND HEREBY CERTIFY THAT SAID MAP IS TECHNICALLY CORRECT. o "pL LAh0 ,Ny/ SGP ONE .'JAMES L. MEYER) ti` Ex. 8-30-04 n \4 i} Qq-LIFQfiO�V BURTON S MYERS, DEPUTY CITE ENGINEER DATE RCE 24928, EXPIRES 12/31/2005 WE. NICK INZUNZA, MOTOR, AND MICHAEL R. DALLA, CITY CLERK OF THE CITY OF NATIONAL CITY. CALIFORNIA, HEREBY CERTIFY THAT, BY RESOLUTION NO. HAVE APPROVED THIS MAP CONSISTING OF 7 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, INCLUDING THE ABANDONMENT OF THE EASEMENTS AS INDICATED HEREON PURSUANT TO SECTION 664349 OF THE STATE SUBDIVISION MAP ACT AND HAS ACCEPTED THOSE ITEMS LISTED IN THE CERTFICATE SIGNED BY THE OWNERS UNDER THE CONDITIONS EXPRESSED THEREIN. IN WITNESS WHEREOF, SAID COUNCIL HAS CAUSED THESE PRESENTS TO BE EXECUTED BY THE LIFT CLERK AND ATTESTED BY ITS' SEAL THIS DAY OF . 2003. BY: BY: NICK INZUNZA. MAYOR DATED CITY OF NATURAL CITY. CALIFORNIA MICHAEL R. DALLA, CITY CLERK OF DATED CITY OF NATIONAL CITY, CAUFORNIA I. THOMAS J. PASTUS2KA. CLERK OF THE BOARD OF SUPERVISORS, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION HAP ACT (DIVISION 2 OF TIRE 7 OF THE GOVERNMENT CODE) REGARDING (A) DEPOSITS FOR TAXES AND (B) CERTFICATON Cr THE ABSENCE OF LIENS FOR UNPAID STATE. COUNTY, MUNICIPAL, OR LOCAL TAKES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED ROTH THOMAS J. PASTUSZKA CLERK Of THE BOARD OF SUPERVISORS BY: DEPUTY DATE: RECORDER'S STATEMENT FILE NE. GREGORY J. SMITH, COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA. HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE REQUEST OF JAMES L. MEYER. THIS_ DAY OF 2003. AT O'CLOCK M. GREGORY J. SMITH COUNTY RECORDER BY FEE. $ MOO DEPUTY COUNTY RECORDER Burkett & Wong Engineers -Job No. 8083s TM. 2000-3 I COS 83C 1830-8304 I LC. 190-1743 BASIS OF' BEARINGS BTHE BASIS OF BEARINGS EARING BETWEEN CITY OFGMAPR THIS SAN DIEGOCPS MONUMENT NO. 1246 0•1 1.829.795.69, E 6.307.76452) AND NO. 1253 (N 1,831,350.05, E 6,314,439.69r PER RECORD OF SURVEY MAP NO. 14492. E. N 76'53'27" E THE COMBINED GRID DISTANCE SCALE -GROUND FACTOR STATION DISTANCE x COMBINED CALEEFACTOR.164 DISTANCES SHOWN ON THIS MAP ARE GROUND VALUES UNLESS STATED O111ERWISE. PARADISE VALLEY SUBDIVISION CONVERGENCE ANGLE -O02r12419' AT MOH. NO. 1246 COMBINE1.D000016SCALE4 FACTOR LECAELND Q SET 24' I.P. W/DISK STAMPED 'LS 430'1 _ • FOUND STREET SURrEY MONUMENTE ER34G5 004- PER MAP 3700. 050. T1034. 2034. OR AS OTHERWISE p FOUND LEAD k DISK STAMPED " QO FOUND 2' iP W/DINS STAMPED 'ROE ASNO PER MAP 4162 OR 4Y50, OR AS OTHERWISE NOTED. NOTED. O FOOT S UND LP . STAMPED 'SD SUM, -COUNTY SURPER SD CO FIELD ROOK R509 PG 2 AND R05 17034. ) INDICATES RECORD DATA PER RON NO. 9005. INDICATES RECORD DATA PER ROS NO. 13200. ------ INDICATES SUBDIVISION BOUNDARY I UNLESS OTHERWSE SHOWN EN THIS HAP x ILO IRON A . ALL LOT CORNERS EXCEPT AS DESCRIBED BELOW WALL BE YONUMENTEO BY A 3/4 PIPE WAIN A.tgI�'ISK MARKED "L5 4303 B. NULOCORFD A • ALONG THE MARKED *LS OF 430r.ESETATED ALONG ANTEXTEN90N MONT-OF-WAY SHALL BE LOT LINE AT AN OOFE3.00 A TIN THE SO " THE OFFSET SHALL BE MEASURED RADIALLY, OR AT OFFSETOF S TO THEET IN THE OFEWAY RIGHT ANGLES NIGHT -OF -WAY UNE, UNLESS OINERY,ISE NOTED. C ALL POINTS OF CURVE OF THE SIDELINES OF DEDICATED STREET WILL BE MONUMENTEO BY A DUSK MARKED 'LS 4307'. SET AT AN OFFSET OF 3.00 FEET I THE ODEWALS, THE OFFSET SHALL BE EASURED 2 TOTAL NUMBER Of LOTS FOR THIS 5U8OINSEN - 4T 3 AREA OF SURDI000N - 15.125 ACRES 4 r;k1tODILAZiSyrrir OR STREET WIDTHS SHOWN In1H0uT DECIMALS REPRESENT THAT DISTANCE TO MAP N 0 SHEET 2 OF 7 SHEETS Burkett & Won E,;ineers-Job No. 8083s CONVERGENCE ANGLE -DOR712.319' AT IACM, NO. I246 COMBINED SCALE FACTOR 1.0000164 3 GO FD RER SPINE, NO RECORD. ACCEPTED AS PONT ON M T UNE OF 'ME NW 1/4 OF SEC, 103.� FD 2'N STOMPED 'LS 4032', NO RECORD, ACCEPTED AS POINT ON NEST uNE Of LOT 14. HAP 155 LOU STREET P NO. 4439 9 6 a, B B I 1 PARADISE AVENUE I 16 E7 26 3B `0 —"—�SHIf2LET ,MANORi— as a< MAP 0. 298Q 42 33 3E TOLAS • 5TH X72110'S0'E STREET 131003' X6T10a5•E 1530.52' ODD /DE USE ONLY O.D. ARNOLD ESTATES FP DiN D OTT ST LEAD MD GRASS CONOUTNo144 PER ROS NO. 14492. N 1.020.79359 UNIT NO. I E 6,307,704.52 20 6C 0 120 240 6,-- SCALE IN FEET I inch = 120 Et. 60.0D' L 331. FOR. LOTS MAP V, POR iD \ MAP NO.3700 75 PARADISE V MBDIVISION LOT 3 WILLIIMS MANOR TWO. MAP NO. 4750 PMA• O6R CREEK DEPORTED PER MAP MOE N]T0S23' N72VSZE : - VALLEY FOR. LOT 4 OW150.94F N�-'•••• NT985SE PM733'E A I.F. 1 =ITCHARe S PARADISE VILLA p0R. LOT 5 S MAP SHEET 3 OF' 7 SHEETS R*� so•O OEOI µ0tA16�'2 ✓ >� WILLIAMS MANOR NO. 6 I907.54' 34330' I 9Ip' 38' b9V90 1]9IJS 347.40' IL sl].9Bt =el R=969 �346. z 4p0��fl20� 0.`` 9B +6t- ,MAP NO. 4162 ADDITION TO NATIONAL CRY �12'IX6'3B'E I ~ 664. 'Mil IFS , FOR. LOT l FOR. LOT 5 i£ . I)_ 1 33261'[33_7_ N]20039TE ✓ / /t• -La 61 00 "' D.D. ARNOI�D ESTAR / / _753,2TE ' UNIT N0./2 \ - 16 644P NO. 3�33 �C - /' BS BP BB / \ \ 0 57 332.61' [332.63'T 1330.491 POR. LOT 6 M1 % n . FOR. LOT 7 .�, 4.,a, r N]2aT45'E 331.64'_ E rem ki 00 POR. 31[4 LOT 6 160.09' I 162.73' T OB 106 O.D. 'RHO D ESTATES \ u4 109 Da\ POR. LOT 7 P 155 32045_, gvl SY " LOT 8 30056TSEE �5 L N7200396 ` J I / 4 SECTION SO F0 6' CON0. NON, AT SE FD 6' [MAC. NON Al SE OW L6 PER HIPS HAP 300, 3733. SIN. ROS 9100. RGS COL LOT a PER 3390. 13200. 3390 9BD4 13200. NCI 17034. 17034 AND R.S.809. 0803.78'v6 B RANCHO OE LA NACION BASS or 5EAg1NC5 MAP NO, 166 FD 3• BRASS MAN IN NON NEIL. PANT NO. 1253 PER RCS N0. 14492 N 1.631.36409 E 6,314.439.6S Burkett & Wong Engineers -Job No. 8083s LC. 190-1743 T.M. 2002-3 GCS 030 1E30-6304 LINE DATA TABLE FOR THISMiEET BINGONLY DISTANCE LI N6212830'17 L2 N262121'E L3 •9545E L4 N5534'25w L5 N854237'w LA N661009`0 L7 N66'1505E L8 N660509E L9 N2315223 L10 N6518215E L11 N8645120'E L12 N789794E 413 NI5321032 L14 Y719895E L15 N2391'S1'W L16 N0317'23E 28.71' 27.09' 28.05' 27.09' 9.16' 2.52' 1200' 1200' 17 .0 3.52 5./8' 10.31' 17.21 15.43' 28.00' 28.001 CURVE DATA TABLE FOR THIS SHEET ONLY LENGTH DELTA RADIUS CI L=19.17 6.209'22 R=58:90 C2 L-25.72 2a28'3291• 9=21100 C3 L=23.48 A.2'4659. R=400 00 C4 L.26.12 6=26'3R01 R..20.00 CS L=25.13 6-.2514'S1' R=53A0 C6 L.240.0 6.241O1 RA525.00 C] 1=14.67 6.052'32" R.060.00 SCALE IN 1 inch = 50 N22W'S0011529� CONVERGENCE ANGLE -002T12.415' AT NON. NO. 1246 /h N]290'39'E PARADISE VALLEY SUBDIVISION PARADISE I / 95072'40'w ' 0.65 38 6.7E5 ACRES 1 I N6294'2519/ LOT 38,,' VALLEY ROAD 21 L-20.71' S=2B32'44' Nfi0'49'26'1V(R) _ f� 2551'9I'E 1P30.70' '�'•f6 ]]9 an• 0.•3316'11' 255 57290']9'E 332.45' N6556'2]'E(112,- L=]A A 42.39'n' N2315'12'E(9) B.F. PRITCHARD'S PARADISE VILLA POR. LOT 4 MA P F.1000.00 155 5'55'E 90 540.26' ,A_ 33245 .V1' ADDITION TO NATIONAL CITY POE. LOT 5 86523' Burkett_ & WD En inee S-Job No. 8083E T.Y. 2000-3 MS 030 1830-6304 LC. 190-1743 MAP N N71S9'55f [N70'37'33•E NT39'S5'E 35.57 50.25 116618.09E .55 6AW' PARADISE S 490.32' 610.30 N6fi IB— 00= _ 'wily-HOCKom s NE9Ea1 PARADISE VALLE? SUBDIVISION \ / L VALLEY 3. 347.39' 342.401 fl.1000.00�p' 50.25' 43.5r 14 1.4 18 3 i 5I C 42 N 10 n' 9 gl a 50.00' 4 U W 175.99' 39 5r. 25 C 50 100 I SCALE TN FEET I inch = 50 ft. mar 411 OS ROAD 1797.33' SHEET 5 OF' 7 SHEETS N72A32SE 2Y16T ) 49960_AO N10203 RIS R.tR^e Po�2 Bl.b2�l^®` HIOST2T'Efl _ sar.. 6.2'94.50• L.91. W n -C ono.. m��3' 7437j >B}B. FI T00'38• 9276' D.F. PRITCHARD'S P OR. LOT 6 MAP 155 10275 • nor • ) LOT 35 / 0 4250' 11 Nn9. ?TOT EI 192.f5' \ POR. POR. LOT 6 LOT 7 / ADDITION TO NATIONAL CITY 9B/`�04,e, :NO? Jg 2.>\ 44.417 37 251.15' ` POR. LOT 7 e�1 PARADISE VILLA • 316.49' LOT 1 I / \ n7ZnTN'E ,` x7355�4t"i POR. am ^OT 7 I' MAP I55 LOT S LOT 3 CONVERGENCE MIOLE -002Y12.419' AT MCN. NO. 1246 MAP 155 '` e1 I I O ay I PLOT r 4I a 1 6 LOT 6 330.1r 7 / --'Y N72003OB•[ Sri / COMBINED SCALE FACTOR 0000164 / Burkett & Wong Engineers -Job No. SUB T.M. 2000-3 CCS.e30 1630548304 LC. 190_1743 EASEMENTS AN AUGUSTEMENT 30, 1871 FORPUBLIC BOOK RIGHT4,PAGF E i)84 OAY F DEEDS, D INCIDENTAL (NON-PLOPURPOSES. RECORDED 0TAOLE) AN EASEMENT OR RIGHT OF WAY FOR TRHE CONSTRUCTION AND MAINTENANCE OF FLUMES. CANALS OR AQUEDUCTS, RECORDED OCTOBER 14. 1869 IN BOOK 7, PAGE 124 OF DEEDS. (NON-PLOTTABLE) AN EASEMENT FOR PUBLIC HIGHWAY AND INCIDENTAL PURPOSES. RECORDED AUGUST 24, 1896 IN BOOK 257. PAGE 159 OF DEEDS. (NON-PLOTTABLE) AN EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO FOR PUBLIC HIGHWAY AND ® INCIDENTAL PURPOSES. RECORDED AUGUST 4, 1938 IN BOOK 80B. PAGE 154 OF OFFICIAL RECORDS. A 5 00' 1410E EASEMENT GRANTED TO THE COUNT"Y OF SAN DIEGO FOR OPEN DITCH BO AND INCIDENTAL PURPOSES, RECORDED DECEMBER 30, 1936 IN TOOK 651, PAGE 386 OF OFFICIAL RECORDS. A 20.00' WIDE EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY AND © INCIDENTAL PURPOSES, RECORDED MARCH I5. 1965 AS INSTRUMENT NO. 85-086925 OF OFFICIAL RECORDS. AN EASEMENT GRANTED TO THE CITY OF NATIONAL CITY FOR DRAINAGE AND © INCIDENTAL PURPOSES. RECORDED JULY 8. 1985 AS INSTRUMENT ND, 85-242615 OF OFFICIAL RECORDS. A 20.00' WIDE EASEMENT GRANTED TO SOUTH BAY IRRIGATION DISTRICT FOR WATER Q MAINS AND INCIDENTAL PURPOSES, RECORDED DECEMBER 31. 1986 AS INSTRUMENT NO. 86-626675 OF OFFICIAL. RECORDS. A NOICATES PROPOSED PRIVATE SLOPE AND LANDSCAPE EASEMENT TO BE MAINTAINED 9Y HOME OWNERS A550CIASON. 23 25 22 • 94 • 108,31 / 7,07 PARADISE VALLEY SUBDIVISION EASEMENT SHEET PARADISE CONVERGENCE ANGLE -OD'22'12.419" AT NON. NO. 1246 COMBINED SCALE FACTOR 1.0000164 / • J�Yy/ yN L.5411' tr82'2601' MAP NO VALLEY ROAD 665 GENTERUME OF PROPOSED 10.00' VIDE PRIVATE SEVER EASEMENT NT2'TI02'16.n•W �� N6R5� 'a_� 49 \ 160 ' ,' / / r - _ — N54 T.'20� - / , 38 /1// 4.755 ACRES SHEET 6 OF 7 SHEETS 33190' tm44I623' - 111 18 7 6.00' VIDE NERAL UTILITY Eg ACCESS EASEMENT VY GRANTED HEREON 50 25 0 SO TOO I ..........1 SCALE IN FEET 1 inch = 50 ft. 53R 60 8 8 8, /W gas 864.90 5 6T6'3201' N66'1609 N66'1B'09 E111Z, NERa20.00 EOLLYHOCK L_2134 23 �4Y NI]59'46'w 14 10.00' VIDE DRAINAGE EASEMENT GRANTED HEREON N144SYE(fl) Nefi'15 10.12' fl B.F. PRITCHARD'S PARADISE VILLA POR. LOT 4 ADDITION TO NATIONAL CITY POR. LOT 5 MAP 155 66523' 40 F 3.00 37.30 T 18 �pp'13'23' 17 18 10.00' la N6650'09'E 5.00E MDE SMITE S PEDESTRIAN ACCESS EASEMENT GRANTED HEREON 15 PARADISE 14 10.00' AIDE DRAINAGE EASEMENT GRANTED HEREON N71'S6'55'E_ 13 HOLLYHOCK N58T0'09 MAP NO. PARADISE VALLEY SUBDIVISION _EASEMENT SHEET — ---- — — — — ROAD 12 490.52' VALLEY 10 I 9 SAW VIDE GENERAL STOTT S PEDESTRIAN ACCESS EASEMENT GRANTED HEREON 419 FED WOE unutt S 2 I PEDESTRIAN ACCESS EASEMENT 'ANTED HEREON 26 31 27 � 1 p s DO' N23'41'St'W N23'41'51'W 1 /II 29 NO�4.�OM9'E 1R'_" 30 _ J N35'b'42•E��E�S�-..------- 39.73 R/I/il Haas's i4aE © PROPOSED PRIVATE 12.00' NOE ACCESS EASEMENT FOR IRE BENEFIT OF LOT 30 ® B BENEFIT OF PRIVATE 1L00'2NOE ACCESS EASEMENT FOR ME ADDITION TO NATIONAL CITY POR LOT 5 ' MAP 155' 12.00' AIDE DRAINAGE EASEMENT GRANTED HEREON 175.09' 39 RA475.00 SHEET 7 OF 7 SHEETS -00'27O2N.41REANCENOANN. GLO. 1246 NJ2'03'23'E 223.87" r'SeD.00 \8�8: 111..441, N10'SY21E1R) r rysq }/,y 1 d alp, `� SORBINE SCALE FACTOR 44„, - 1.000OI6a 4 m223.73 RNNR 0.00E OEE WO 50_22 49.73E 2'0J 70' POP. LOT 6 162.73E 88 d79 <e'9p. LANE, NA 20'89}3• 10.00E CENTERLINE OF A 20.00 WOE BUILDING RESTRICT EASEMENT. 5420E _ 97307'45'E 331.64E 0' L.28.72 p.Jtl32'01' i 5.00E WOE GENERAI. GOUTY k PEDESTRIAN ACCESS EASEMENT ORANIEO HEREON 37 MAP 155 FOR. LOT 7 328.45' 50 25 0 50 100 SCALE 1N FEET 1 inch = 50 PL. S II RI SEE DETAIL SHEET 4 CD LOT 8 10.00E I'0 8.B4 kA n72ror4YE FOR. LOT 7 LOT 8 Burkett & Wong Engineers -Job No. 8083s L T.M. 2000-3 I CCS 83C 1830-6304 AC.160-1743 City of National City, California COUNCIL AGENDA STATEMENT +FETING DATE December 16, 2003 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1 APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380 FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NO.CDP-2003-4) PREPARED BY 103 DEPARTMENT EXT. Roger G. Post, 336-4310 Planning EXPLANATION The Council voted to approve this item at the August 5, 2003 public hearing. The attached resolution is needed to follow through on the action. The related Order to Vacate is a companion item on this agenda. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the attached Resolution. N/A Negative Declaration MIS Approval B ARD OMMi SON RECOMMENDATION N/A ATTACHMENTS I Listed Below ) 1. Resolution 2. Location Map Approved By: Finance Director Account No., Resolution No. 2002-182 A-200 (Rev. 7/03) RESOLUTION NO. 2003 — 182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COASTAL DEVELOPMENT PERMIT FOR THE CLOSING OF A 380-FOOT LONG SECTION OF HARRISON AVENUE NORTH OF 23RD STREET APPLICANT: COMMUNITY DEVELOPMENT COMMISSION CASE FILE NO. CDP-2003-4 WHEREAS, the City Council of the City of National City considered a Coastal Development Permit application for the vacation of a portion of Harrison Avenue north of 23rd Street at the regularly scheduled City Council meetings of July 15, 2003 and August 5, 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. CDP-2003-4 and the Initial Study "MSI Incorporated' prepared by Community Development Commission which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearings held on July 15, 2003 and August 5, 2003, support the following findings: 1. Find that the previously adopted Negative Declaration adequately addresses the project and that it will have no significant effect on the environment. 2. That the granting of this coastal development permit is consistent with and implements the Certified Local Coastal Program, since the portion of Harrison Avenue to be closed is not a through street and does not serve as access to National City's bayfront. 3: That there are no required conditions of approval necessary to carry out the Certified Local Coastal Program specified in the implementing ordinance that are applicable to the granting of the coastal development permit. 4. That granting of this coastal development permit is consistent with all other City plans and ordinances, since the General Plan does not identify any need for the right-of-way to be used for public purposes. BE IT FURTHER RESOLVED that the City Council has considered the adopted Negative Declaration entitled "MSI Incorporated" together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. Resolution No. 2003 — 182 December 16, 2003 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. A grading plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development, as explained in Case File No. CDP-2003-4, shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain inceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. 2. Street plans showing 40 feet of new sidewalk and curb, prepared by a Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 3. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off from this development. 4. Pavement repair is required on West 23'd Street and Harrison Avenue. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 6. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all the grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 7. A Title report shall be submitted to the Engineering Department for review of all existing easements and the ownership at the property. 8. Prior to vacation easements for access to and maintenance of sewer and drainage improvements shall be granted to the City. 9. Prior to vacation easements for access to and use of the railroad tracks in the area shall be granted to BNSF or the ownership of the tracks shall be transferred to the City of National City. Additionally, if the tracks are still owned by BNSF, a BNSF Field Engineer should be notified before the commencement of any work in the area. 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. Resolution No. 2003 — 182 December 16, 2003 Page Three Passed and adopted this 16th day of December, 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: am - George H. Eiser, Ill City Attorney Nick lnzunza, Mayor PROPOSED STREET CLOSING ZONE BOUNDARY LOCATION MAP 380 Foot long by 40 foot wide section of Harrison Avenue north of 23rd Street SC-2003-1 /CDP-2003-4 NATIONAL CITY PLANNING DRN. DATE: 5/21/03 INITIAL HEARING: 6/2/03 City of National City, California COUNCIL AGENDA STATEMENT .4EETING DATE December 16, 2003 (-ITEM TITLE RESOLUTION AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A 380 FOOT PORTION OF HARRISON AVENUE NORTH OF 23' STREET (APPLICANT: COMMUNITY DEVELOPMENT COMMISSION) (CASE FILE NO.SC-2003-1) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning AGENDA ITEM NO. 15 EXT. EXPLANATION The Council voted to approve this item at the August 5, 2003 public hearing. The attached resolution is necessary to finalize the vacation and cause ownership of the property to revert to the Community Development Commission. Easements have been preserved for the City of National City, San Diego Gas and Electric and Atchinson, Topeka and Santa Fe Railway Company. The Coastal Development Permit resolution for this vacation is also on this agenda. CEnvironmental Review Financial Statement N/A N/A Negative Declaration MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Order of Vacation 3. Exhibit "A" 4. Location Map A-200 (Rev. 7/0 RESOLUTION NO. 2003 —183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE A 380-FOOT LONG PORTION OF HARRISON AVENUE NORTH OF 23RD STREET CASE FILE NO. SC-2003-1 WHEREAS, the City Council of the City of National City adopted Resolution No. 2003-85 on June 17, 2003, declaring its intention to vacate and close portions of Harrison Avenue north of 23rd Street, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, excepting therefrom certain public easements, as more particularly described hereafter, in the City of National City, County of San Diego, State of California, and WHEREAS, the City Engineer of the City of National City, California, has caused notice of said vacation and closure to be posted in the manner specified by law, and WHEREAS, the Planning Commission of the City of National City, California has considered the proposed vacation and closure and has found and determined that the said, proposed vacation and closure of a portion of Harrison Avenue north of 23rd Street is in conformity with the City's adopted General Plan; and that said portion of public right-of-way is not useful as a nonmotorized transportation facility, as defined in Section 156 of the Streets and Highways Code of California, and is not needed for present or prospective public use, and WHEREAS, the . City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure, and WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Streets and Highways Code of the State of California, in order to abandon said street have been done and accomplished, and WHEREAS, a hearing was held on July 15, 2003 and August 5, 2003 in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard, and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is : unnecessary for present or prospective public street purposes, and is not useful as a nonmotorized transportation facility, as defined in Section 156 of the California Streets and Highways Code; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan, and WHEREAS, the City Council considered the Negative Declaration entitled MSI Incorporated, together with any comments received during the public review process, and found on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis, and approved the Negative Declaration and authorized the filing of a Notice of Determination. Resolution No. 2003 — 183 December 16, 2003 Page Two NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order to Vacate the above described portion of public right-of-way reserving and excepting from the vacation, easements as described below: A. An easement to San Diego Gas and Electric for access to and maintenance of existing gas facilities unless such facilities are abandoned to the satisfaction of San Diego Gas and Electric Company. The easement reserved and excepted shall include the right of ingress thereto and egress therefrom, together with the right to maintain the said easement free and clear of any excavation or fills, the erection or construction of any building or other structures, the planting of any tree or trees thereon, or the drilling or digging of any well or wells thereon, together with the right to otherwise protect from all hazards the operation and use of any right hereby reserved. Upon written permission of the City the owners of the underlying fee may utilize the above described parcel of land for structures, approved plantings, the installation of privately owned pipelines, and/or other approved usages. The easement reserved herein is in, under, over, upon, along and across Harrison Avenue extending 380 feet north of W. 231-d Street, more particularly described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. B. An easement for public utilities to the City of National City over the westerly 15 feet of the easterly 30 feet of the property as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full. C. An easement, as described in Exhibit "A" attached hereto and incorporated herein as though set forth in full, for rail road purposes to the Atchinson, Topeka and Santa Fe Railway Company. The City Clerk is hereby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8324, California Streets and Highways Code. PASSED and ADOPTED this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: 7) Michael R. Dalla, City Clerk George H. iser, Ill City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on December 16, 2003, by the City Council of the City of National City, hereby orders the vacation of the following street within the City limits of National City: 380 foot long portion of Harrison Avenue north of W. 23`d Street, more particularly described in Exhibit "A" attached. Executed this 16th day of December, 2003. MAYOR City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , 2002, before me, the undersigned a Notary Public in and for said County and State, personally appeared NICK INZUNZA, known to me to be the Mayor of the City of National City, and MICHAEL DALLA, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to a Resolution of its City Council. Witness my hand and official seal. Notary's Name J-12861 EXHIBIT "A" STREET VACATION Being a portion of the Northeasterly Half of "Harrison Avenue," 80.00 feet in width which adjoins Block 279, a portion of Block 278 and 22nd Street (vacated) as said blocks and streets are shown on "Map of National City, California," filed October 2, 1882 as Map 348, in the City of National City, County of San Diego, State of California, said portion more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23rd Street of said Map 348 South 72°01'18" West 40.00 feet to the centerline of said Harrison Avenue; thence along said centerline North 17°46'37" West 380.14 feet, more or less, to the prolongation of the lot line common to Lots 8 and 9 in Block 278; thence along said prolongation North 72°13'23" East 40.00 feet to the Northeasterly line of Harrison Avenue; thence along said Northeasterly line South 17°46'37" East 380.00 feet to the TRUE POINT OF BEGINNING. Reserving therefrom an easement for public utilities to the City of National City. Over the Westerly 15.00 feet of the Easterly 30.00 feet of the above described parcel, said reservation to be parallel with the Easterly line of said parcel. Also reserving from said vacation an easement for rail road purposes to the Atchison, Topeka and Santa Fe Railway Company, said reservation more particularly described as follows: Beginning at the Southwest corner of Block 279 of said Map 348; thence along the prolongation of the Northwesterly Right-of-way of 23'd Street of said Map 348 South 72°01'18" West 10.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 72°01'18" West 13.00 feet; thence leaving said Northwesterly Right-of-way North 17°46'37" West 88.21 feet to the beginning of a tangent 543.50 foot radius curve concave Southwesterly; thence Northwesterly along said curve through a central angle of 14°22'05" an arc distance of 136.29 feet; thence leaving said curve Northwesterly along the centerline of Harrison Avenue North 17°46'37" West 45.38 feet to a point on the arc of a non -tangent 556.50 foot radius curve concave Southwesterly, a radial line to said point bears North 53°19'27" East; thence leaving said centerline Southeasterly along said curve through a central angle of 18°53'56" an arc distance of 183.56 feet; thence South 17°46'37" East 88.16 feet to theeTRUE POINT OF BEGINNING. Robert G. Schoettmer, L.S. 4324 Jb/12861.001 PROPOSED STREET CLOSING ZONE BOUNDARY 4.0 r LOCATION MAP 380 Foot long by 40 foot wide section of Harrison Avenue north of 23rd Street SC-2003-1/CDP-2003-4 NATIONAL CITY PLANNING DRN. DATE: 5/21/03 INITIAL HEARING: 6/2/03 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 16, 2003 AGENDA ITEM NO. 16 7- ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER (APPLICANT: CORNERSTONE CHURCH) (CASE FILE NO.CUP-2003-20) PREPARED Y p DEPARTMENT EXT. Roger G. Post, 336-4310 Planning EXPLANATION The Council voted to approve this item at the December 2, 2003 public hearing. The attached resolution is needed to follow through on the action. CEnvironmental Review X N/A Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECO MENDATION Adopt the attached Resolution. BOARD OMMISSIRECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No, 2003-184 1. Resolution 2. Location Map A-200 (Rev. 7/03) RESOLUTION NO. 2003 — 184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE SWEETWATER THEATERS BUILDING IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER. APPLICANT: CORNERSTONE CHURCH CASE FILE NO. CUP-2003-20 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 1920 Sweetwater Road in the Sweetwater Theaters building in Sweetwater Town and country Shopping Center at the regularly scheduled City Council meeting of December 2, 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-2003-20 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on December 2, 2003 support the following findings: 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. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: Resolution No. 2003 —184 December 16, 2003 Page Two 10. 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 Exhibits B and C, Case File no. CUP-2003-20, dated 11/24/2003. 11. 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. 12. 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. 13. 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. 14. 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. 15. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. BE IT FURTHER RESOLVED that copies of this Resolution 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. -- Signature Page to Follow -- Resolution No. 2003 —184 December 16, 2003 Page Three Passed and adopted this 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H`. Eiser, Ill City Attorney Sweetwater Roa CITY OF NRnO CITY OF CHu C/T). L9 100 0 100 200 Feet Os Route 54 Freeway Os PROJECT LOCATION ZONE BOUNDARY — — — CITY BOUNDARY W LOCATION MAP Conditional Use Permit for a church at 1920 Sweetwater Road CUP-2003-20 NATIONAL CITY PLANNING DRN. DATE: 10/8/03 INITIAL HEARING: 10/20/03 City of National City, California COUNCIL AGENDA STATEMENT nEETING DATE December 16, 2003 AGENDA ITEM NO. 17 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 NOS.CUP-2003- 19/Z-2003-8) PREPARED Y •p DEPARTMENT EXT. EX L ANATI Roger G. Post, 336-4310 Planning The Council voted to approve this item at the December 2, 2003 public hearing. The attached resolution is needed to follow through on the action. CEnvironmental Review Financial Statement N/A X N/A Exemption STAFF RECOMMENDATION Adopt the attached Resolution. MIS Approval BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Location Map A-200 (Rev. 7/03) ted Below ) Approved By: Finance Director Account No. Resolution No. 2003-185 RESOLUTION NO. 2003 —185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 City Council 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 the regularly scheduled City Council meeting of December 2, 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-2003-19/Z-2003-8 which is maintained by the City, and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE,. BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on December 2, 2003 support the following findings: 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. Resolution No. 2003 —185 December 16, 2003 Page Two 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 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. Resolution No. 2003 —185 December 16, 2003 Page Three 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. Resolution No. 2003 —185 December 16, 2003 Page Four 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 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 16th day of December, 2003. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, HI City Attorney City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 16, 2003 AGENDA ITEM NO. 18 (-ITEM TITLE WARRANT REGISTER #22 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #22 per Government Section Code 37208. I - Environmental Review N/A Financial Statement Not applicable. Approved By/ Finance Dir Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 2,353,326.47. BOARD / COMMISSION RECO MENDATION ATTACHMENTS ( Listed Below ) 1 Warrant Register#22 2. Workers Comp Warrant Register dated 11/19/03 3. Payroll Warrant Register dated 11/19/03 A-200 (9'99) Resolution No, City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE December 16, 2003 AGENDA ITEM NO. 19 ITEM TITLE WARRANT REGISTER #23 PREPARED BY R. Palazo DEPARTMENT Finance Marylou Matienzo EXPLANATION 619-336-4330 Ratification of Warrant Register #23 per Government Section Code 37208. r Environmental Review N/A Financial Statement Not applicable. Approved By; Finance ? ector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 197,069.13. BOARD / COMMISSION REDO ENDATION ATTACHMENTS ( Listed Below } 1. Wa`rrant Register #23 2. Workers Comp Warrant Register dated 11/26/03 Resolution No. A-200 (9.99) City of National City, California COUNCIL AGENDA STATE ENT ZETING DATE December 16, 2003 AGENDA ITEM NO. 20 ITEM TITLE CLAIM FOR DAMAGES: Sylvester Hall PREPARED BY Michael R. Dalla, CM �' ARTMENT City Clerk EXPLANATION The claim of Sylvester Hall arises from an occurrence in 1996 and was filed with the City Clerk's Office on November 19, 2003 Environmental Review ice_- N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD COMMISSION RECOMMENDATION N/A ....................... . ATTACHMENTS N/A is d Below 1 Resolution No. A-200 (9,,99) City of National City, California COUNCIL AGENDA STATEMENT FETING DATE Dcccmbcr 16, 2003 AGENDA STEM NO. 21 ITEM TITLE PREPARED BY EXPLANATION CLAIM FOR DAMAGES: Allstate Insurance Company Michael R. Dalla, C City Clerk The above claim arises from an occurrence on August 3, 2003, and was filed with the City Clerk's Office on November 19, 2003 and amended on December 10, 2003. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD a COMMISSION RECOMMENDATION N/A ATTACHMENTS Listed Below N/A Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE December 16, 2003 AGENDA ITEM NO. 22 ITEM TITLE AN ORDINANCE RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.6(e)(2) AND 33333.6(e)(2) PREPARED BY EXPLANATION Eric Crockett (Ext. 4276) DEPARTMENT CDC Please see attached memorandum. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Proposed ordinance Resolution No. A-200 (9. 99) ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2) INTRODUCTION Approval of the ordinance would: 1) rescind the Redevelopment Plan's time limit to incur debt in all but the 1995 Added Area of the Project Area pursuant to the authority granted by SB 211, and 2) extend by one year the duration of the Redevelopment Plan and time limit to collect tax increment revenue pursuant to SB 1045 in all constituent areas of the Redevelopment Plan. The one-year extension of the Redevelopment Plan granted by SB 1045 is intended by the Legislature to offset the impacts of the 2003-04 shift to the Educational Revenue Augmentation Fund (ERAF) mandated as part of the 2003 State Budget. BACKGROUND Since 1994, redevelopment plans have been mandated to include specific time limits on incurring debt, the duration of the plan's effectiveness, and collecting tax increment revenue. In National City, these limits are based on when the various constituent areas of the National City Redevelopment Project Area were established. The California Community Redevelopment Law provides that redevelopment agencies may only receive tax increment revenue if it has bond, loan or other debt incurred. The time limit to incur debt is the later of 20 years from the date the redevelopment project was first adopted; or January 1, 2004 if Project Areas were established prior to January 1, 1984. For most constituent areas of the Project Area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, and Downtown) the time limit to incur debt expires on January 1, 2004. For the Downtown Amended constituent area, this period runs until April 16, 2005, and for the 1995 Added Area (Harbor District) the time limit to incur debt runs until July 18, 2015. To enable redevelopment agencies the authority to more effectively carryout their redevelopment programs, the Legislature passed Senate Bill 211 in 2001 which in part provides agencies the ability to incur debt at any time over the duration of the redevelopment plan, specifically by rescinding the time limit to incur debt. Incurring debt is critical to the implementation of a redevelopment program, since tax increment financing is the most common way to fund project implementation. Once an agency has reached the time limit to incur debt, it can no longer issue new bonds, execute new financial commitments with developers or property owners, or finance other redevelopment activities. Essentially, the agency is left with the function of paying off remaining debt and ceasing implementation. PROPOSAL In that National City has an acute need for redevelopment in the future, the CDC should exercise its authority to rescind the time limit to ircur debt as permitted by SB 211. Proposed is an ordinance that amends the Redevelopment Plan accordingly. As an area created after 1994, only the 1995 Added Area (Harbor District) is not eligible for this rescission of the time limit. The proposed ordinance also extends by one year the duration of the redevelopment plan and the time frame to collect tax increment revenue for all constituent areas of the Project Area (including the 1995 Added Area). Senate Bill 1045 which in part calls for the shifting of monies from all redevelopment agencies to the Educational Revenue Augmentation Fund in 2003-04 provides redevelopment agencies the ability to extend their plans by one year to offset this impact. Pursuant to Sections 33333.2 and 33333.6(e)(2) of the Redevelopment Law (as enacted by SB 211 and SB 1045), the amending ordinance may be considered by the City Council without undertaking the typical redevelopment plan amendment process that involves extensive public notice, environmental review, and other documentation. RECOMMENDATION It is recommended that the proposed ordinance be approved. -2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2) WHEREAS, the City Council of the City of National City ("City Council") has adopted and subsequently amended the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"), on November 18, 1969 by Ordinance No. 1233, on June 24, 1975 by Ordinance No. 1471, on April 13, 1976 by Ordinance No. 1505, on December 13, 1977 by Ordinance No. 1610 and subsequently amended on December 1, 1981 by Ordinance No. 1762, on May 22, 1984 by Ordinance No. 1821, on April 16, 1985 by Ordinance No. 1851, on June 18, 1991 by Ordinance No. 91-2013, on November 22, 1994 by Ordinance No. 2086, and on June 18, 1995 by Ordinance No. 95-2095, all of which are incorporated herein by reference; and WHEREAS, Section 33333.6(e)(2)(A) of the Health and Safety Code was amended by SB 211 to provide that the legislative body may amend a redevelopment plan to rescind the time limit to incur debt for any project area adopted, or area added to a project area, prior to January 1, 2004; and WHEREAS, Sections 33333.2 and 33333.6(e)(2)(C) of the Health and Safety Code was amended by SB 1045 to provide that when an agency is required to make a payment to the Educational Revenue Augmentation Fund during fiscal year 2003-04 pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend by one year the time limit of the effectiveness of the plan and the time limit to repay indebtedness; and WHEREAS, the Community Development Commission of the City of National City desires to amend the Redevelopment Plan pursuant to the authority granted in Sections 33333.2, and 33333.6(e)(2)(A) and (C) to provide the authority to fund redevelopment activities within the National City Redevelopment Project Area ("Project Area"); and WHEREAS, the City Council finds that it is essential to protect the public health, safety and welfare to immediately rescind time limits on indebtedness in certain constituent areas of the Redevelopment Plan, to extend the time limits on the effectiveness of the Redevelopment Plan for each constituent area of the Plan, and to extend the time limits on the collection of tax increment for each constituent area of the Redevelopment Plan, in order to effectively carry out redevelopment programs which are necessary to eliminate blight in the community. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. The time limits on establishing indebtedness as set forth in Section 802 of the Redevelopment Plan for the National City Redevelopment Project applicable to the E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, and Downtown Amended constituent areas of the Project Area are hereby rescinded as amended by this Ordinance. Section 2. The time limits on the effectiveness of the Redevelopment Plan for each constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in Section 1100 of the Redevelopment Plan, are hereby extended by one year as amended by this Ordinance. Section 3. The time limits on the collection of tax increment revenue for each constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in Section 802 of the Redevelopment Plan, are hereby extended by one year as amended by this Ordinance. Section 4. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. Section 5. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. Section 6. 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. PASSED and ADOPTED this day of , 200_ ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick lnzunza, Mayor -2- City of National City, California COUNCIL AGENDA STATEMENT FETING DATE December 16, 2003 23 AGENDA ITEM NO. (-ITEM TITLE AN URGENCY ORDINANCE RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.6(e)(2) AND 33333.6(e)(2) PREPARED BY EXPLANATION Eric Crockett (Ext. 4276) DEPARTMENT CDC Please see attached memorandum. Environmental Review X N/A Financial Statement N/A >STAFF RECOMMENDATION Adopt ordinance. Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Staff Report Proposed ordinance Resolution No. 4-20D i9 99) ORDINANCE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2) INTRODUCTION Approval of the ordinance would: 1) rescind the Redevelopment Plan's time limit to incur debt in all but the 1995 Added Area of the Project Area pursuant to the authority granted by SB 211, and 2) extend by one year the duration of the Redevelopment Plan and time limit to collect tax increment revenue pursuant to SB 1045 in all constituent areas of the Redevelopment Plan. The one-year extension of the Redevelopment Plan granted by SB 1045 is intended by the Legislature to offset the impacts of the 2003-04 shift to the Educational Revenue Augmentation Fund (ERAF) mandated as part of the 2003 State Budget. BACKGROUND Since 1994, redevelopment plans have been mandated to include specific time limits on incurring debt, the duration of the plan's effectiveness, and collecting tax increment revenue. In National City, these limits are based on when the various constituent areas of the National City Redevelopment Project Area were established. The California Community Redevelopment Law provides that redevelopment agencies may only receive tax increment revenue if it has bond, loan or other debt incurred. The time limit to incur debt is the later of 20 years from the date the redevelopment project was first adopted; or January 1, 2004 if Project Areas were established prior to January 1, 1984. For most constituent areas of the Project Area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, and Downtown) the time limit to incur debt expires on January 1, 2004. For the Downtown Amended constituent area, this period runs until April 16, 2005, and for the 1995 Added Area (Harbor District) the time limit to incur debt runs until July 18, 2015. To enable redevelopment agencies the authority to more effectively carryout their redevelopment programs, the Legislature passed Senate Bill 211 in 2001 which in part provides agencies the ability to incur debt at any time over the duration of the redevelopment plan, specifically by rescinding the time limit to incur debt. Incurring debt is critical to the implementation of a redevelopment program, since tax increment financing is the most common way to fund project implementation. Once an agency has reached the time limit to incur debt, it can no longer issue new bonds, execute new financial commitments with developers or property owners, or finance other redevelopment activities. Essentially, the agency is left with the function of paying off remaining debt and ceasing implementation. PROPOSAL In that National City has an acute need for redevelopment in the future, the CDC should exercise its authority to rescind the time limit to incur debt as permitted by SB 211. Proposed is an ordinance that amends the Redevelopment Plan accordingly. As an area created after 1994, only the 1995 Added Area (Harbor District) is not eligible for this rescission of the time limit. The proposed ordinance also extends by one year the duration of the redevelopment plan and the time frame to collect tax increment revenue for all constituent areas of the Project Area (including the 1995 Added Area). Senate Bill 1045 which in part calls for the shifting of monies from all redevelopment agencies to the Educational Revenue Augmentation Fund in 2003-04 provides redevelopment agencies the ability to extend their plans by one year to offset this impact. Pursuant to Sections 33333.2 and 33333.6(e)(2) of the Redevelopment Law (as enacted by SB 211 and SB 1045), the amending ordinance may be considered by the City Council without undertaking the typical redevelopment plan amendment process that involves extensive public notice, environmental review, and other documentation. Due to the fact that the time limits for some of the constituent areas of the Redevelopment Plan will expire on January 1, 2004, it is proposed that this ordinance be enacted as an urgency ordinance, as being essential to protect the public health, safety and welfare, as well as an ordinance "in due course". The necessary finds are stated in the ordinance as follows: WHEREAS, the City Council finds that it is essential to protect the public health, safety and welfare to immediately rescind time limits on indebtedness in certain constituent areas of the Redevelopment Plan, to extend the time limits on the effectiveness of the Redevelopment Plan for each constituent area of the Plan, and to extend the time limits on the collection of tax increment for each constituent area of the Redevelopment Plan, in order to effectively carry out redevelopment programs which are necessary to eliminate blight in the community. RECOMMENDATION It is recommended that the proposed ordinance be approved. -2- ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING AND AMENDING CERTAIN TIME LIMITS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY REDEVELOPMENT PROJECT PURSUANT TO SENATE BILLS 211 AND 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTIONS 33333.2 AND 33333.6(e)(2) WHEREAS, the City Council of the City of National City ("City Council") has adopted and subsequently amended the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"), on November 18, 1969 by Ordinance No. 1233, on June 24, 1975 by Ordinance No. 1471, on April 13, 1976 by Ordinance No. 1505, on December 13, 1977 by Ordinance No. 1610 and subsequently amended on December 1, 1981 by Ordinance No. 1762, on May 22, 1984 by Ordinance No. 1821, on April 16, 1985 by Ordinance No. 1851, on June 18, 1991 by Ordinance No. 91-2013, on November 22, 1994 by Ordinance No. 2086, and on June 18, 1995 by Ordinance No. 95-2095, all of which are incorporated herein by reference; and WHEREAS, Section 33333.6(e)(2)(A) of the Health and Safety Code was amended by SB 211 to provide that the legislative body may amend a redevelopment plan to rescind the time limit to incur debt for any project area adopted, or area added to a project area, prior to January 1, 2004; and WHEREAS, Sections 33333.2 and 33333.6(e)(2)(C) of the Health and Safety Code was amended by SB 1045 to provide that when an agency is required to make a payment to the Educational Revenue Augmentation Fund during fiscal year 2003-04 pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend by one year the time limit of the effectiveness of the plan and the time limit to repay indebtedness; and WHEREAS, the Community Development Commission of the City of National City desires to amend the Redevelopment Plan pursuant to the authority granted in Sections 33333.2, and 33333.6(e)(2)(A) and (C) to provide the authority to fund redevelopment activities within the National City Redevelopment Project Area ("Project Area"); and WHEREAS, the City Council finds that it is essential to protect the public health, safety and welfare to immediately rescind time limits on indebtedness in certain constituent areas of the Redevelopment Plan, to extend the time limits on the effectiveness of the Redevelopment Plan for each constituent area of the Plan, and to extend the time limits on the collection of tax increment for each constituent area of the Redevelopment Plan, in order to effectively carry out redevelopment programs which are necessary to eliminate blight in the community. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. The time limits on establishing indebtedness as set forth in Section 802 of the Redevelopment Plan for the National City Redevelopment Project applicable to the E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, and Downtown Amended constituent areas of the Project Area are hereby rescinded as amended by this Ordinance. Section 2. The time limits on the effectiveness of the Redevelopment Plan for each constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in Section 1100 of the Redevelopment Plan, are hereby extended by one year as amended by this Ordinance. Section 3. The time limits on the collection of tax increment revenue for each constituent area (E.J. Christman #1, South Bay Town and Country, Center City, E.J. Christman #2, Downtown, Downtown Amended, and 1995 Added Area/Harbor District), as set forth in Section 802 of the Redevelopment Plan, are hereby extended by one year as amended by this Ordinance. Section 4. Except as amended hereby, the Plan shall remain in full force and effect according to its terms. Section 5. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. Section 6. 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 7. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of public health, safety and welfare within the meaning of California Government Code Section 36937, and shall take effect immediately. PASSED and ADOPTED this 16th day of December, 20003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Nick Inzunza, Mayor -2- FETING DATE City of National City, California COUNCIL AGENDA STATEMENT SECOND READING December 16, 2003 *Rfer to Item #1 AGENDA ITEM NO. 24 /P-ITEM TITLE AN INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY PREPARED BY George H. Eiser, III 1�/' DEPARTMENT 9 City Attorney (Ext. 4221) EXPLANATION At the December 2 City Council meeting, the City Council enacted, as an "off -agenda" item, an urgency interim ordinance imposing a moratorium on the development of check cashing and payday advance businesses in the city. This agenda item is for consideration of an urgency interim ordinance which would have the same effect as the ordinance enacted on December 2. The public hearing to consider adoption of the urgency interim ordinance is a companion item on this agenda. After the passage of forty-five days from adoption of the ordinance, the moratorium may be extended an additional 22 months and 15 days by the City Council after another public hearing. C. Environmental Review N/A Not a project under CEQA Financial Statement N/A STAFF RECOMMENDATION Hold public hearing. BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below j Proposed ordinance Approved By: Finance Director Account No. Resolution No. A-200 (9r99i ORDINANCE NO. 2003 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY WHEREAS, National City, acting through its Community Development Commission ("CDC"), has been very proactive over the years in efforts to revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board is considering the submittal of zoning and specific plan proposals for approval by the City, including the Downtown Project in the vicinity of 8 Street and National City Boulevard, the Filipino Village Project along a portion of Plaza Boulevard, and the Mexican Village Project along a portion of Highland Avenue; and WHEREAS, a common element of the zoning and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere and cohesiveness of land uses within those areas; and WHEREAS, National City has in recent years experienced a proliferation of businesses engaged primarily in the cashing of checks for a fee, herein referred to as "check cashing businesses" and in advancing cash to customers in advance of payday for a fee, herein referred to as "payday advance businesses"; and WHEREAS, such businesses are in conflict with the contemplated redevelopment, zoning and specific plan proposals described hereinabove and which the City will be considering in the immediate future; and WHEREAS, additional check cashing businesses and payday advance businesses are proposed to be newly established or relocated within the City; and WHEREAS, existing land use controls do not adequately address the potential adverse effects of the proliferation of check cashing business and payday advance businesses in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare by the continued proliferation of check cashing business and payday advance businesses, and that the continued issuance of building permits, certificates of occupancy and other entitlements for use by check cashing businesses and payday advance businesses would result in a threat to the public health, safety and welfare; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the establishment, development or approval of check cashing business and payday advance businesses; and follows: WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations governing check cashing business and payday advance businesses throughout National City as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as Section 1. For a period of 45 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to a check cashing business or payday advance business, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the establishment, development, or approval of any check cashing business or payday advance businesses. Section 2. Ordinance No. 2003-2232 is hereby repealed. Section 3. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing business and payday advance businesses. Section 4. This Ordinance shall not apply to projects where prior to December 2, 2003, a building permit has been issued and substantial physical work has begun in reliance on that permit. Section 5. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code and shall take effect immediately. Section 6. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 16th day of December, 2003. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iriser, III City Attorney Nick Inzunza, Mayor 2 City of National City, California COUNCIL: AGENDA STATEMENT ETING DATE December 16, 2003 SECOND READING AGENDA ITEM NO, 25 (-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 BY Alison Hunter HC DEPARTMENT Finance Ext. 4332 Financial Services Officer EXPLANATION See attached explanation. Financial Statement Not Applicable STAFF RECOMMENDATION Approve Ordinance. BOARD I COMMISSION RECOMMENE1,4 TiON ATTACHMENTS Listed Belo ra Ordinance Approved E3 : Account No,. Resolution A-200 (9i99) 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. Section 2. That Title 4, Chapter 4.24 is amended by adding Section 4.24.180 to read as follows: 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 pi raities 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 balanf any tax due. PASSED AND ADOPTED this day of , 2003. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: ei4t;, George H. Eiser, Ill City Attorney 3 Nick lnzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT %,.A.',,EETING DATE December )16,:;2003 SECOND READING AGENDA ITEM NO. 26 ITEM 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 Rudolf Hradecky EXPLANATION (Ext. 4222) DEPARTMENT City Attorney 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 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 I COMMISSION RECOMMENDATION N/A 4 ATTACHMENTS TS Staff Report Ordinance Listed Below p Resolution No. A-200 i9 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 t= 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. AO. : 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). s°4 While property owners° rights regarding the use of their property are broad and well-proted, 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 core ion 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 II 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 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 and occupants 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. Establishments where alcoholic beverages are 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: 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: 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 a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants with drive - through service) where at least thirty percent of the floor area of the building is comprised of seating area. 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: 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 retail establishments involving the sale of alcohol for off -site consumption as an accessory use. 18.71.050 Measure of distance. For the purposes of Section 18.71.040: 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. 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. 2 Section 3. That Chapter 18.130 is amended by adding Section 18.130.085 to read as follows: 18.130.085 Hearings —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 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. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 3 Nick lnzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 16, 2003 SECOND READING AGENDA ITEM NO. 27 (-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 On December 2, 2003, the City Council introduced the ordinance and exempted from the 660 foot distance requirement from public schools (K-12), restaurants selling alcoholic beverages for on -site consumption (other than fast food restaurants with drive -through service) where at least thirty percent of the floor area of the building is comprised of seating area. This is added to proposed Code Section 18.71.040 subsection C. Reference to specific plans has been deleted. Notice to occupants, as well as owners, of property within 660 feet from a site where a Conditional Use Permit for the sale of alcoholic beverages is proposed was also added. This is incorporated into proposed Code Section 18.71.020. Environmental Review Financial Statement N/A X N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ordinance 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 and occupants 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. Establishments where alcoholic beverages are 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: 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: 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 a minimum of 660 feet from any public school (Kindergarten through 12th grade) within the boundaries of the City; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants with drive- through service) where at least thirty percent of the floor area of the building is comprised of seating area. 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: 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 retail establishments involving the sale of alcohol for off -site consumption as an accessory use. 18.71.050 Measure of distance. For the purposes of Section 18.71.040: 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. 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 specifiedhin 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. 2 Section 3. That Chapter 18.130 is amended by adding Section 18.130.085 to read as follows: 18.130.085 Hearings —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 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. Dalla, City Clerk APPROVED AS TO FORM: George H. riser, Ill City Attorney 3 Nick Inzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT cETING DATE December 16, 2003 AGENDA ITEM NO. 28 ITEM TITLE TEMPORARY USE PERMIT — Iglesia La Luz Del Mundo — New Year's Eve Service a2a PREPARED Wathleen Trees, Director 4210 DEPARTMENT Building and Safety EXPLANATION This is a request from Iglesia La Luz Del Mundo Church to conduct New Year's Eve service and children's activities at 605 E 85h St. from 6:00 p.m. to 6:00 a.m. on Wednesday, December 31, 2003. The church will hold a service inside the church from 8 pm to 10 pm and then children's activities such as pinatas and games will be provided for church members and the community outside. Church members will set up the activities before the service and begin cleaning up around 4 am. The church is requesting that F Street be closed from E 7th St. to E 8th St. from 6 pm on the 31S` to 6 am on Jan 1 s'. The Church will notify all residents of the street closure and the event. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. ( Environmental Review N/A 7-Financial Statement X Approved Bar: The City has incurred $198.00 in costs in processing the T.U.P. application through vallc ise@ ytor Departments. >STAFF RECOMMENDATION Account No. 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/OR STIPULATIONS SPONSORING ORGANIZATION: Iglesia La Luz Del Mundo DATES OF ACTIVITY Wednesday, December 31, 2003 LOCATION OF ACTIVITY: 605 E 8th St. TIME: 6:00 p.m. to 6 a.m. APPROVALS: POLICE RISK MANAGER CITY ATTORNEY PLANNING FIRE PUBLIC WORKS CONDITIONS OF APPROVAL: YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE COMMENTS[x] SEE COMMENTS[x] SEE COMMENTS[x] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[ ] FIRE (336-4550) 1. Emergency vehicle access to be maintained at all times 2. Access to be maintained at all times to all Fire Department connections and appliances, (fire hydrants, sprinkler system connections, etc.). PUBLIC WORKS (336-4380) 1. Event personnel will pick up barricades from Public Works prior to the Holidays and return after New Years. CITY ATTORNEY (336-4220) 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 the amounts of coverage to be determined by the Risk Manager. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and it's officials, employees, agents and volunteers as additional insureds on above policy. 3. Standard hold harmless signed. (Done) POLICE (336-4543) 1. Security needs seems adequate for the event. City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization rc lesia Lc, L-OZ 1T1 Mono Person in Charge of Activity Ni -0-n.l: C-(c"1vente.Z. Address Olt 51- 6n,r1i, M _ ¢(sf, Telephone 14_) 55 C t l Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its aities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of App FVei1-- ( anrl.Iiti-y-Or Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Type of Event: _ Public Concert _ Fair Parade _ Demonstration Motion Picture _ Grand Opening ✓ Festival Circus Other _ Community Event Block Party Event Title: (J on) VrCi r C Ve. Ala r c i a l e Se r V 6 c P Event Location: (_(7 V.. 641 (. Event Date(s): From 1 to ( Total Anticipated Attendance: 250 r ( X Participants) ( Spectators) Actual Event Hours: , : 00 Setup/assembly/construction Date: Start time: (; : Opr Please describe the scope of your setup/assembly work (specific details): e 1`nna l .S,CinS i.+ilt he USci1 [torn }lne .5hrrc , Dismantle Date: a Completion Time: 6 Od rvm 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. rr ` t5 t,/i11 rPljuire- e.o5UrP ^tr vere k. qj� L•1r ct 11 tVle rrf LJ1k( E 74An Ls\- C in.tire, p� , G�eel ) !'ainrik e.o.'11 1"P,lt'ler-% +V►c, Cr, INOCA7 1 CAq� Sponsoring Organization: 1e. 5s a Luz_ Del P'lvrl d a Chief Officer of Organization (Name) NI e pV'Pn0 a7..Crl Applicant (Name): 1Ni' 'n\ C1c ZCa1€I Address: For Profit K Not -for -Profit Daytime Phone: (Et Evening Phone: (0 rl ) ,')f-fl- (,4 1 Fax: ( Contact Person "on site" day of the event: iie.Ora: C-to✓1ZrA(c z Email 1Yf r\d\rn C�l c l6,(,JD. C)n4Pager/Cellular:((0) ,5 l — C4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? )YES NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): 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. '1 �yy V\ Ue a,spec ct1 t 5crvi c 4- C'� I r1 (Ale, 11 P._CY>n�oac,, 4 pre ryL-t �Gr Cwt-3/4-V-1P, inn ; yr-_,0 e- -31-An P (v' CA) (",ar- 1 o P V t - ()) 3 b1.° Vr i rn(►r'� =-crc' (' \AUr' Cot (Y1P ryth ez,r- S 7 1 �c}� 4 s CAn C) p AYl -!• o 0 t! D i C YES g%NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES NO Does the event involve the sale or use of alcoholic beverages? YES 4 NO Will items or services be sold at the event? If yes, please describe: YES 4 NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES L NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: = Trash containers with lids: L} —j Describe your plan for clean-up and removal of waste and garbage during and after the event: f,),1p ,Iz, CIrt( On, MrivOner 4' 3 Please describe your procedures for both Crowd Control and Internal Security: ghpre f..ii a Of. an. 't(\k-c.rrail C'r.)(1/ 0� al) ncr'r tT. Mc_reihcc-S 4p erL 5dre -i 2r j O4 4-12e. rifc,Ck anri menthe rs , 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: CV -tor e h rtrhs 1-5• Ot al n ;,5c CS-F w a r VA ) ilnrx� hour.-1-hp OrApar1 - 11ri�� nr 4.1\ni iA� (if�i4 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ,Jcl 44 At'c Chuv-t* rnetr-n Cove - 1'0 f'_Fs1i sr, EA At)r sF 5 t11 ArAloca P f �t�rf �fp( a niter• s( )rt < 'on Pr. <@ con Please describe your Accessibility Plan for access at your event by individuals with disabilities: P 1,c.:4:)_.ej Cif Prt < CIO sr<4 AO 0 v-6-6 i -CoY 1t1nr, d i s ab1 PA Please provide a detailed description of your PARKING plan: Please describeeyour plan for DISABLED PARKING: t'ctr'lk',1 r .. <. _ciJ tusk r'i -} (A/crt-L. _b 4 4, Please describe your plans to notify all residents, businesses and churches impacted by the event: crJ Nnf� mill 4-111er_ c e. c,�Y(� Q1 : tt O. n' c s n4- -F :, r £ rtsp.r4 -hp r'lo s r -Onr , % r e t4 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES SkNO 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: tl/k Number of Bands: Type of Music: Nj YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES < NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 c,916 Sira La i_uz ciAcMo Type of Organization f!' by ran, (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. XNo (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. X 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: x No (P lease sign the form and submit it with the TUP Application) Signatur Date 9 City of National City, California COUNCIL AGENDA STATEMENT 1ETING DATE December 16, 2003 AGENDA ITEM NO. 29 (-ITEM TITLE TEMPORARY USE PERMIT - BOYS & GIRLS CLUB - ANNUAL DIRECTOR'S DINNER JTHH THESALE F BEER AND WINE. PREPARED BY thleen Trees 4210 DEPARTMENT Building & Safety EXPLANATION The Boys & Girls Club is requesting permission to hold their Annual Director's Dinner on Saturday, January 24, 2004. In addition, they are requesting permission to serve beer and wine at the event. The Municipal Code requires a TUP for the sale of alcohol on park land. The Boys & Girls Club is requesting a waiver of fees. The application and event qualify for a waiver of fees per City Council Policy #704. Environmental Review XX N/A Financial Statement Approved By: The City has incurred in costs $177 for processing the T.U.P. through vraTteitaPreFty departments. STAFF RECOMMENDATION Account No. Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD / COMMISSION RECOMMENDATION NA 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 Conditions of Approval SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING FIRE POLICE CITY ATTORNEY RISK MANAGER SPECIFIC Conditions of Approval: National City Boys and Girls Club Annual Director's Dinner Saturday, January 24, 2004 6 p.m. until 10 p.m. YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ t SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] FIRE (336-4550) 1. Emergency access to the facility to be maintained at all times 2. Access to be maintained at all times to all fire Department connections and appliances, (fire hydrants, sprinker system connections, etc.). CITY ATTORNEY (336-4220) 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 the amounts of coverage to be determined by the Risk Manager. RISK MANAGER 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. Name the City of National City and it's officials, employees, agents and volunteers as additional insureds on above policy. 3. Standard hold harmless signed. (Done) _ BOYS & GIRLS CLUBS of National City December 8, 2003 City Clerk, Mike Dalla City of National City 1243 National City Boulevard National City, CA 91950 Dear Mike, This letter is a request for permission to offer wine during our Board of Directors Installation Annual Dinner scheduled for Saturday, January 24, 2004, from 6:00pm to 10:00pm at the Boys & Girls Clubs of National City. We will be offering wine during the meal and there will be no additional charge for the wine. The attendance is expected to be 75-100 adults. Tickets will be sold in advance. Sincerely, Grego P. Beatie Ex tive Director GPB:scv The Po l ® Pic For KB 1430 D Avenue National City, CA 91950 (619) 477 - 5445 Fax (619) 477 - 9177 gbeatie@becnc.org www.bgcnc.net Officers President Tim Patten 1' Vice President Frank Parra 2vd Vice President Jess Van Deventer Secretary /Treasurer James C. Poe Past President Ann Vroom Board of Directors Dennis Bostad Ronald J. Detzer, Esq. * Leila Fontanos Lucinda Harlon George Hood * Albert Mendivil * Ralph Mora Kile Morgan Jr. Marieanne Perrault Louise C. Phipps, Ed. D. * Allie Pruitt Steve South * Victoria "Vicky" Waters * * Past President General Counsel Rod Donohoo Honorary Board Members John & Christy Walton Supervisor Greg Cox Captain Derek Kemp, U.S.N., Commanding Officer, Naval Station George H. Waters Executive Director Gregory P. Beatie Resource Development Director Tim J. Hall, M.B.A. Program Director Gabriela Baeza Office Manager Susan C. Volkenant SUPPORTED IN PART BY Your heart at toork HE UNITE WAY. BAR DIEGO COUNTY Type 3 f: , (-St lic Concert Fair Festival Community Event Parade Demonstration Circus Block Party VP:t Motion Picture Grand Opening Other Event Title: A.N/thi"- /9V. d9irecroks PiC/7)€44- onthde_ Event Location: //20 D Event Date(s): From , frj.i/ to Month/Day/Year Total Anticipated Attendance: 75-4- ( Participants) Spectators) Actual Event Hours: lo.'dv- am/pm to Jo: -afn/pm Setup/assembly/construction Date: \ I Ab-4, n LA Start time: le P M Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. R;t47.:TTP: - - . Sponsoring Organization: \SOLI s 4- G Lobs Chief Officer of Organization (Name) (; €15 t.)-(2_04----1-1.C.L. Applicant (Name): Lk.S4-c-) \I Address: For Profit Not -for -Profit Daytime Phone: 01 ) q}q- 6q'fr Evening Phone: ( ) Fax: kir Nil cer• )42i2+142- Contact Person "on site" day of the event: F Email 4-)Q, Litoc • o3 Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS v77- 1591(-71 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): Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ aD !' C) 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. P-eopio w X bQ, \-ve C 1 I. C GIfM�� ` W uvND y� ✓Yl Q LA) C aacl Dr c^l.c t2c -kVs cM_t.. --1- 6 C1,0 ceA4., )1--try .pa& , ram -es• YES -4--NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 tk YES NO Does the event involve the sale or use of alcoholic beverages? YES ✓NO Will items or services be sold at the event? If yes, please describe: YES 0/NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES /NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES ✓NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: oeo_V•cl. C4--6 S 61AD YES ✓ No Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: /YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES /NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: / YES d NO Will sound amplification be used? If YES, please indicate: Number of Bands: Start time: am/pm Finish Time am/pm YES d 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 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. ���p� S Name of the sponsoring organization C3 `""`P " r- Type of Organization S-oC-t-ra-Q )fin c (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? `Yes (Please provide an explanation and details. '0 ro C oe S , z c-Q `,1--e5 to)617r- 4 6-6 4 No (Please proceed to Qrgstion 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? r/ 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: 200 3 Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature (,) /40004' gate 9 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. C jam, oL C�tQ� e.e.& _O-C 1cd- Person in Charge of Activity C512C Q cL % Address l 3 D I7 > Telephone Za/y i`7 5�' Date(s) of Use Organization HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date 124 eJt3 For Office Use Only Certificate of Insurance Approved Date 12/16/03 ITEM #30 DISCUSSION OF AMORTIZATION OF EXISTING CHECK CASHING AND PAYCHECK ADVANCE BUSINESSES IN REDEVELOPMENT PROJECT AREA. (COUNCIL INITIATED) 12/16/03 ITEM #31 DISCUSSION OF DONATION TO CITY OF NATONAL CITY BY BIBLE BAPTIST CHURCH (COUNCIL INITIATED)