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HomeMy WebLinkAbout2004 09-21 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — September 21, 2004 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 121704 PAGE 2 PRESENTATIONS Employee of the Month Program — Robert Hernandez, Firefighter Susana Peredo, Chairperson, National City Public Arts Committee Update. PROCLAMATIONS Proclaiming Sunday, September 5, 2004 as: "LUCY DEL ROSARIO GONZALES DAY" Proclaiming Sunday, September 5, 2004 as: "RIC D. CHANTENGCO DAY" Proclaiming Tuesday, September 7, 2004 as: "OLD TOWNCOMMUNITY VOTER REGISTRATION DAY" Proclaiming the week of September 17-23, 2004 as: "CONSTITUTION WEEK" INTERVIEWS/APPOINTMENTS Board and Commission appointments: Senior Citizens Advisory Board. (City Clerk) 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. 1. Approval of the Minutes of the Special Workshop and Regular Meeting of September 7, 2004. 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) COUNCIL AGENDA 9/21/04 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution of the City Council of National City to approve, accept, and record Mariposa Walk final subdivision map (S-2003-8, PD-2003-6) (Public Works/Engineering) 4. Resolution of the City Council authorizing the Mayor to execute an Agreement with Alfred M. De La Cruz, Esq. to provide services as special trial counsel. (City Attorney) 5. Resolution of the City Council approving an adjustment to the salary of the City Attorney to be reimbursed by the Community Development Commission. (City Attorney) 6. Resolution approving a Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue, between 8th Street and 9th Street into eight residential lots with a Conditional Use Permit for one of the lots to have an accessory living unit. (Applicant: Brett Farrow - for Alpha Project) (Case File No.: S-2004-6/CUP-2004-18) (Planning) 7. Resolution approving a Tentative Subdivision Map and Planned Development Permit for division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 North of 16th Street. (Applicant: Pacifica Companies) (Case File No. S-2004-2/PD-2004/2) (Planning) 8. Resolution authorizing the Mayor to execute a library automation software license agreement with Dynix Corporation for the National City Public Library in the amount of $52,423.60. (Library) 9. WARRANT REGISTER NO. 9 (Finance) Ratification of Demands in the amount of $1,128,510.60. 10. WARRANT REGISTER NO. 10 (Finance) Ratification of Demands in the amount of $150,625.32. 11. Claim for Damages: Robert Fernandez (City Clerk) COUNCIL AGENDA 9/21/04 PAGE 4 PUBLIC HEARINGS 12. Public Hearing — Tentative Subdivision Map to divide one 3.2 acre property into two lots with a Conditional Use Permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store. (Applicant: The Olson Company) (Case File No.: S-2004-7/CUP- 2004-17) (Planning) 13. Continued Public Hearing — Planned Development Permit for a second residential unit on a 10,500 square foot property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Case File No.: PD-2003-3) (Planning) NON CONSENT RESOLUTIONS 14. Resolution approving and authorizing the recordation of an Encroachment Agreement with the San Diego Unified Port District for the installation and maintenance of way finding signage in the city right of way. (Public Works/Engineering) 15. Resolution approving a professional services change order with Katz Architecture in the amount of $20,000 due to expenses incurred in the contractor outreach program implemented during project construction bidding process of the Fire Station. (Public Works/Engineering) 16. Resolution approving an Agreement with Jones and Madhaven Architecture Engineering for $95,000 to provide architectural services for the National City Municipal Swimming Pool facility renovation project. (Public Works/Engineering) 17. Resolution authorizing the Mayor to execute a 30-day extension to an Agreement with the San Diego Metropolitan Transit Development Board (MTDB) for administration of taxicabs and other for -hire vehicle regulations (City Attorney) ORDINANCES FOR INTRODUCTION 18. Ordinance of the City Council amending Title 1 of the National City Municipal Code by repealing Chapter 1.21 pertaining to restricting possession of Clonazepam, commonly known as the "date rape drug," adopted June 13, 2000, as Ordinance No. 2000-2176. (City Attorney) COUNCIL AGENDA 9/21/04 PAGE 5 ORDINANCES FOR INTRODUCTION (Cont.) 19. Ordinance of the City Council amending the National City Municipal Code by amending Chapter 10.20 pertaining to abatement on premises used for illegal drug activity, gang activity or the sale or display of drug paraphernalia. (City Attorney) NEW BUSINESS 20. City Council approval for Sweetwater High School to serve alcohol in the Martin Luther King, Jr. Community Center on October 16, 2004 at their fundraiser to refurbish the Gail Devers Stadium. (Public Works/Engineering) STAFF MAYOR AND CITY COUNCIL CLOSED SESSION Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9 (a) Renee Love v. National City Police Department, et al., San Diego Superior Court Case No. GIS 17929 Conference with Legal Counsel -Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (One potential case) Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (c) (One potential case) Next Regular City Council Meeting — Tuesday — October 5, 2004 - 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 September 8, 2004 TO Park Morse, Assistant City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT : EMPLOYEE OF 1HL MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee selected by the Fire Department (Safety) to be recognized for the month of September 2004 is Firefighter Robert Hernandez (nomination attached). Firefighter Hernandez has been invited to attend the Council meeting on Tuesday, September 21, 2004, to be recognized for his achievements and service. Attachment (1) xc: Department Director Firefighter Robert Hernandez Councilmember Natividad Special Asst to the Mayor AJL:Im Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Firefighter Robert Hernandez 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 exceed 150 total words. Please be as specific as possible when giving your examples. Firefighter Hernandez continues to demonstrate his high level of service to the National City Community. Firefighter Hernandez is not only a Firefighter for the National City Fire Department but he is also the Departments Public Education Coordinator. Recently, Robert once again showed great concern for our community by assisting a group of very unfortunate citizens of National City, the fire victims of Park View Apartments. Since the third alarm fire on July 21, 2004, Firefighter Hernandez has passionately involved himself with assisting these families. Shortly after the fire, he contacted numerous local businesses in an effort to obtain their support and cooperation for a "Park View Apartment Relief Toy Give -Away". This Toy Give -Away was held on August 6, 2004, which, with the support of local businesses was able to provide games and toys to the children who lost everything. Firefighter Hernandez is now involved with the "Cat Adoption Society" in an effort to arrange for an animal adoption for a child who lost his cat in the fire. In addition, he has assisted with donations of furniture and clothing for those families who lost so much. Firefighter Robert Hernandez is very deserving of this recognition for all of his hard work, involvement and dedication to our Community. FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Personnel Director Nominated b : Roderick Juniel, Fire Chief Signatur 1 Date: September 7, 2004 NC PersDept Form 2003 Fxaclazita#ian WHEREAS, In March 1968 the Maria Clara de Pilipinas Sorority was formed. by Mrs. Lucy R. Gonzales and her daughter, Leonore, with the purpose of selecting as debutantes and members, young ladies of Pilipino ancestry, attending high school, with outstanding personality and scholastic ability, to preserve and promote Philippine interest and culture in the homes, schools, and community; and WHEREAS, she has promoted and served Filipinos in the US Navy since 1947, the same year her family hosted Captain Carlos Albert, officers and crew duringthe take over of the first LST to formulate the creation of the Philippine Navy; and WHEREAS, her success is to share the creation of a positive image in our communities and throughout the nation. THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim Sunday, September 5, 2004 as: LUCY DEL ROSARIO GONZALES DAY We call upon the all citizens of National City to recognize the dedication Ms. Gonzales has contributed to the community. Nick Inzunza Mayor Fr Vice Mayor des itiy0-4. Fideles Ungab' Councilmember Ron M mson Councilmember Luis tivida Councilmember Y f�t#g yf aftuxt [ � or�, flruclitxnafiun WHEREAS, It was with the most profound sorrow and deep sense of loss that word was received of the passing of a beloved California resident and devoted civic leader, Ricardo "Rick" Diaz Chantengco; and WHEREAS, Rick Chantengco was born on September 30, 1928 in Manila, Philippines, and passed away on June 2, 1995, in California; and WHEREAS, since 1969 Ricardo, with the support of his wife, Tess, had served as founder, broker, and President of his own real estate company, including Chantengco Realty, Inc., and was the broker of record of three ERA Real Estate franchises bearing the same name; and WHEREAS, as a pioneer in the advancement of all people to enjoy the cultural heritage of the Asian community, he was instrumental in purchasing a commercial building for the Philippine America Society and Cultural Arts Troupe, he was the original organizer and architect of the Philippine Community of San Diego County, House of the Philippines, Balboa Park, Filipino American Commerce, and the Asian Business Association; and WHEREAS, he is remembered as a friend and confidant by the many persons whose lives he touched, and his many contributions tothe community will not be forgotten; and WHEREAS, he leaves to cherish his memory, his wife, Teresita "Tess" Reyno de Jesus Chantengco; his three children, J.R, de Jesus Chantengco, Jacqueline Chantengco, and Jeanne Schnarrs; his grandson, Austin Bennett Schnarrs; his sister, Encamacion de la Cruz; and his brother, Francis Chantengco. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Sunday, September 5, 2004 as: RIC D. CHANTENGCO DAY We call upon all citizens of National City to honor the memory of Mr. Chantengco by recognizing his dedication and contributions to the citizens of the City of National City. Nick Inzunza Mayor Frank'arra Ron 1''brrison Vice Mayor Councilmembcr Luis tivida Councilmernix'- v Fideles Ungab Councilmember /?� %-.tea;. ^..-'-�., ,—S''" .` t'(-='�, i 'emu 7-- -x�,z --n� _ . - —$ s..� _-y'aG --'c� ---'r3°, .= �1'_R�tr% ,.g• �-E ^`:2,-! -. --'mac_ ".ram"'' ems`. -r �...--� _ .- ,.: _i tea. Y �= 4 -C-- 1 firrnlamutixrn WHEREAS, the members of the Old Town neighborhood have had come together to better their community; and WHEREAS, the Saint Anthony's Organizing Project know their community and will help ensure that registration efforts are culturally relevant; and WHEREAS, the Saint Anthony's Organizing Project strongly believe that voter activities should be done in partnership with community groups, with the knowledge that relationships formed during this work often last beyond it; and WHEREAS, for it the best way to get involved in voter registration and mobilization efforts this election year is through community partnership; and THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, September 7, 2004 as: OLD TOWN COMMUNITY VOTER REGISTRATION DAY We call upon all citizens of National City to help in reducing the amount of environmental triggers found in our community. Frank`Parra - V,jeP• Mayor nci member' 0110. Nick Inzunza Mayor Ron Morrison Councilmember Fideles Ungab-' °.:ourci::.,ember r x f Froclantatirat WHEREAS, September 17, 2004 marks the two hundred seventeenth anniversary of the drafting of the constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition to this, magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, the government established by the Constitution formed a remarkably resilient structure, balancing necessary authority with inherent freedoms, national unity with individual rights, and Federal interests with State powers; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim the week of September 17 - 23, 2004 as: CONSTITUTION WEEK We call upon all citizens of National City to reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Frank Parra Vice Mayor ..7D)-<46f._p Fideles Ungab Councilmember Ron Morrison Councilmember Luis _lat.;r'odd Cou cilmember City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 21, 2004 AGENDA ITEM NO. ITEM TITLE BOARD AND COMMISSION APPOINTMENTS: SENIOR CITIZENS ADVISORY BOARD PREPARED BY Michael R. Dalla EXPLANATION DEPARTMENT City Clerk There are 3 vacancies remaining on the Senior Citizens Advisory Board which has been inactive for some time due to insufficient membership. Three eligible applicants have been interviewed. It was requested that this item be placed on the agenda for action. Applicants: 1. James A. Boyer 2. John P. Bryant 3. Yvonne N. Cordoba i Environmental Review XX NiA Financial Statement N/A STAFF RECOMMENDATION Take action to fill the vacancies. BOARD / COMMISSION RECOMMENDATION NA Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1. Board Applications (3) A-200 (9/99) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES. ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Community & Police Relations Commission* ❑ Housing & Community Development Committee ❑ Library Board of Trustees ❑ Parks & Recreation Advisory Board ❑ Planning Commission ❑ Port Commission O Public Art Committee* O San Diego County Water Authority Senior Citizens.Advisory Board ❑ Street Tree & Parkway Committee O Serra Library System Advisory Bd ❑ Sweetwater Authority O Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. Name J A/i%l ES A 0 (EX 5if Home Address 1 ! e 4 (JG 1 /1/ C • 1g5"o-el�No. lA 19 _ U` 1-U-197 Business Affiliation Title Business Address Tel. No. Length of residence in National City ,✓0 San Diego County / 1 '/ California 11 Educational Background Occupational Experience (;A; Ci(0..l --RFefessional or toshrrieal organization memberships Gt,lor G!R a U 5CA- i op s 2 r 71q /) S Eiv 1 o G l IA 6 riffs: 3 Iel/A 5 Civic or community experience, membership, or previous public service appointments: fi i/r4 FF' c- 54 P: 3 -1 s1'44 Vn I VC` RA Experience or special knowledge pertaining to area of interest: /,vVc SENio/K'S Have you ever been convicted/of�a crime? No Date l 5^ ('` 1 r Z�v J Signature Yes ate- of Please feel free to provide additierial information or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Residency requirements may not apply Revised May 19, 2004 2 -04 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT RECEIVED TO CITY BOARDS, COMMISSIONS, AND COMMITTEES CITY CLERK Please check the board or commission for which you are applying. (You may apply for more than one.) VBuilding Advisory & Appeals Board* Mort Commission 1003 DEC I 1 P 12: 4 5 L/' Civil Service Commission Ltan Diego County Water Authority s' Community & Police Relations Commission !/Senior Citizens Advisory�� NATIONAL CITY t- Housing & Community Development Committee (Serra Library System Adviso Do'a Library Board of Trustees /Street Tree & Parkway Committee .-Parks & Recreation Advisory Board ✓ weetwater Authority vPlanning Commission _Traffic Safety Committee Note: Applicants must be residents and registeredr'to vote in the City of National City. ir!- Name 40 li/ 7 . l� / A-,b Home Address l5 EAez �.2 , Tel. No. 117c 71' Business Affiliation Title Business Address Tel. No. Length of residence in National City .r3 / San Diego County $ ? r California S3 y Educational Background L�GtGTiC/G,4G (itlt //tf&F'1 iot/G LJ of 4045,14( T©N Occupational Experience JQir/ eE SA h' .7 /G G- D Pp L / �{ Professional or technical organization memberships /?fir/e 6P peg G/'C OI X/G-Fies ASS . f G T/,l0 PPG /rf oIcfr-/e,!~",e ASS. Civic or community experience, membership, or previous public service appointments: /e_ -A/D .#7/ — ssmR /o eo,‘sq#- ieAclaz 47; Experience or special knowledge pertaining to area of interest: /WY 4€(A2 Date /,2- /7 / D3 Signature Please feel free to provide additional in ormation or letters of endorsement: Please return completed form to: City Clerk's Office 1243 National City Blvd National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Need not be a resident Revised March 13, 2003 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ❑ Building Advisory & Appeals Board* ❑ Civil Service Commission ❑ Community & Police Relations Commission* O Housing & Community Development Committee ❑ Library Board of Trustees ❑ Military, Civic and Special Events Advisory Board ❑ Parks & Recreation Advisory Board O Planning Commission ❑ Port Commission O Public Art Committee* ❑ San Diego County Water Authority Senior Citizens Advisory Board O Street Tree & Parkway Committee ❑ Serra Library System Advisory Bd ❑ Sweetwater Authority ❑ Traffic Safety Committee Note: Applicants must be residents and registered to vote in the City of National City. 00 &1 Ar e, N , Cce rr) bat Name Home Address 13 c ? - � � el N�o. Q L�Q q� 141 '`f Jr0 Cif Business Affiliation 1'5/ " Title Business Address TeL No. Length of residence in National City l tt R.- San Diego County c2 ((L California Y Educational Background q In S act) I , cr /0-1 al -.1. 4-N-s G Lisp rat scP4ad I 0FN L PsJc1 : $0 cf fhcasS Occupational Experience Rs Ai. rte._ es("LizsO eU u)LA ..s_..) tuCw 1r r, cQ, 04 o-nJ R.N, !/6 k)1i-R-eJ)ia-l&rat 4-2S0 S'miu Dino COO - Professional or technical organization memberships 2 , 0 , Civic or community experience, membership,-f"orpreviouspublic service appointments: 4 I" Ld2 i,e, t+E4—L r rti. r -0 cX , Dist R a.) y' lJ a-AAA3l. Experience or special knowledge pertaining to area of interest: fl F49-1 l`Gi Cca c ep p — _LOT e cs c cr r� J / h J eR 4-4, 4209-r+ is b Have you ever been convicted of a crime? NoYes Date so e`C�- -Uq Signature U 2_, J-en442h Please feel free to provide additional ' formation or letters of endorsement. Please return completed form to: City Clerk's Office 1243 National City Blvd, National City CA 91950 Thank you for your interest in serving the City of National City. (This document is filed as a public document) *Residency requirements may not apply Revised July 15, 2004 / ITEM #1 9/21 /04 Approval of the Minutes of the Minutes of the Special Workshop and Regular Meeting of September 7, 2004. ITEM #2 9/21/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part, of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd FETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 21, 20041 AGENDA ITEM NO. 3 /ITEM TITLE A Resolution of the City Council of the City of National City to approve, accept, and record Mariposa Walk final subdivision map (S-2003-8, PD-2003-6) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4394 EXPLANATION Olson Company, the owners of Mariposa Walk Subdivision, has submitted a final map for the property on 8th Street and R Avenue for the City Council approval, acceptance and filing with the County Recorder. The final map consists of one parcel with 34 townhomes. The Planning Commission, on March 15, 2004, reviewed and approved the tentative map. The City Council approved the tentative map by Resolution No. 2004-60 on April 20, 2004. The Public Works/Engineering Department and Planning Department also have approved the final map. There are no street dedications on this map. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION COMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Subdivision Map A-200 (9�99) RESOLUTION NO. 2004 —176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE, ACCEPT AND RECORD THE MARIPOSA WALK FINAL SUBDIVISION MAP (S-2003-8 / PD-2003-6) WHEREAS, at a regular meeting of the City Council held on April 20, 2004 the City Council adopted Resolution No. 2004-60, approving the tentative subdivision map for the property on the east side of R Avenue between 7m and 8th Streets, generally described as: - The west half of the east half of the west half of 80-acre Lot 2 in Quarter Section 130 of the Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to Map made by Morrill, No. 166, filed in the Office of the County Recorder of San Diego County 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 the east side of R Avenue between 7th and 8th Streets is hereby approved. BE IT FURTHER RESOLVED, that the Mayor, City Clerk and City Engineer are hereby authorized and directed to file said final subdivison map with the County Recorder. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney MAP NO MARIPOSA WALK IN THE CITY OF NATIONAL CITY SHEET S-2003-08 NOTES TOTAL CROSS AREA . 2.211 ACRES TOTAL NET AREA . 1.791 ACRES TOTAL NUMBER OF LOTS - 1 NO SPECIRC DOCUMENT OF RECORD HAS BEEN FOUND 114AT CRAMS RIGHTS TO THE PUBUC FOR THE USE OF EXISTING 81h STREET, HOWEVER, TIE TAX FACTOR' BOOK AT SAN DIEGO COUNTY MAP RECORDS. REVEALS THE FACT THAT THE SAN DIEGO COUNTY BOARD OF SUPERWSORS "DECLARED' 87H STREET A PUBLIC HIGHWAY IN 1877 PRIOR TO THE CITY OF RATIONAL CITY INCORPORATING. EXISTING COUNTY ASSESSOR'S PLATS, CALTRANS RIGHT-OF-WAY PLATS AND VARIOUS MAPS OF RECORD INDICATE AN 80 FOOT WIDE ROAD WIDTH.. 8Ih STREET /S A FULLY IMPROVED EXISTING STREET AND HAS BEEN FOR MANY YEARS. SEE OLD ROAD SURVEY 98. PER THE APPROVED TENTATIVE MAP, THE BUILDING SETBACKS ARE A5 FOLLOWS: 8M STREET - 9.00' "R" AVENUE - 14.00' 71h STREET - 14.00' REAR OF PROPERTY - 12.00' WEST LINE OF LOT 1 OF QUARTER SECTION 130 1 ESTABLISHED BY BEARING -BEARING INTERSECTION FO. 3/4' IRON PIPE DISC MARKED LS 3768 PER ROS 15519, NOT ACCEPTED N08'40'46'E 0.33' "DETAIL" NO SCALE N0. BEARING LENGTH RECORD DATA LI N7T03'42'E 317.48' LT I N71'03'42'EI 311.65' <N12'06'J2"E 317.45'> (N72'06'32t 317.407 <N72'06'32'E 31I.66> p PROJEC!'DESI(3N CoNs[)LTA NTs PIAN4110 ♦BMuu64ao l.bin, CAW, 9M92101 6 7019M-N 6.L600 Bp7fl5 C5r-e4 91101 419.))9<A71 Pu 419JMN19 U 10.02 m 5th STREET co to : Q : (3 Do MAP Na 1072 x N ACCEPTED A5 POINT 0Nm NORTH R/W LINE OF 71h STREET (7111 STREET CLOSED) STATION 1139 PER NOS 14491 a SEE "DETAIL T �\- rE130, 20' EASEMEM.FOR STREET PURPOSES REC. 9-24-64 AS INS: -N0. 174644, 0.R F0. NAIL & DISC A LS 3168 PER ROS PARADISE VALLEY ROAD PER 0L0 ROAD SURVEY 96 POINT A' / N - 1,830,443.184 E . 6,302,931.410 RFD. PK NAIL PER MAP N0. 9157 k PM 18418 (N71.58'SBt) 4th N7118.5Et 1020' Y 332.12' fII LOT 1 NORTH LINE OF LOT 2 QUARTER SECTION 130 RANCHO DE LA NACION 6UARTE'R SECTION 130 MAP NO.. 188 STREET 674.28' (674.15') \32.72' ti L.B. NELSON'S VILLAGE POUR MAP NO, 9157 ,-NOF' LOORTHT 2 ONE DU4RTER SECTION 130 (N7.706'32"E 237.047 '342 13 ,.7 N72'03.42'E ' 331.67' �2•o - t •srR '41 h N72'03'42'E 331.65' FD. 3/4" IRON PIPE WITH DISC MARKED LS 3168 R PER RCS 75510 .6 LOT 1 1.791 NET ACRES ?.fl ROB 1851E $F F0. LEAD 8 DISC MARKED, LS 3168PER ROS 15519 N7270))5 MITI 31106? 341 331.89' N72'05'Jet 10.02' 8th STREET g ACCEPTED AS S.W. CORNER OF LOT 2 QUARTER SECTION 7JO POR, LOT 1 ©UARTP.R SECTION 129 40 FONT ,B, RANCHO DE' LA NACION MAP NOO, 158 1 38ROP33R ROS 14492 FD. PK NAIL PER MAP N0. 9157 to PM 16418 E10 v1 0 CYL N45'IORIT (N45'12'13jY S 40.24' 4016J y 141.12Jet (NBr59J'Et'CL FD. LEAD & DISC MARKED RCE 9416 PER AMP N0. 9157 FD. 1' 0IM HWY. PIPE PER M.S. 783 Mrs6.7Bw dy 15.09' 40.00' Ch FO PK NAIL PER AMP N0. 9157 AND ROS 15519 PORTION OF 677I STREET DEDICATED HEREON ED. 3/4" NON PIPE 1YRH: DISC MARKED L5 3168 PD4 PDS 15519 673.77' 331.86' ACCEPTED AS SE. CORNER OF W 1/2, W I/2 OF L07 1 QUARTER CRON 130 „!" PM 15418 FO:-CH81E0 A" M.S. 783 N76'28'49"E 47.83' (TIE ONLY) SEE LEGEND, ACCEPTED AS S.E. CORNER OF WEST 1/2 OF LOT 2, QUARTER SECTION 730 BASIS OF BEARINGS 2 OF 2 SHEETS THE BASIS OF BEARINGS FOR THIS SURVEY 15 THE CALIFORNIA COORDINATE Sn1W ZONE 6, EPOCH 1991.35 AND IS DETERMINED BY C.P.S. MEASUREMENTS TAKEN ON JAM/ARY 6, 2004, AT POINTS 'A' AND 'B' AS SHOWN HEREON. THE POINTS WERE ADJUSTED TO C.P.S. STATION 1138 AND O.P.S. STATION 1139 PER RCS 14491. LE, NORM 7$0556' EAST QUOTED BERMS FROM RFRRUKE MAPS 0R DEEDS MAY OR MAY NOT 61 N TERMS OF MO SYSTEM. D6' CWMNED ARID FACTOR AT POINT "A". 1.00001170 0M0 DISTANCE . CROUAO DISTANCE X COMBINED GRID FACTOR. LEGEND • FOUND 2' IRON PIPE WITH DISC MARKED AVE 9416 PER MAP N0. 9157, UNLESS OTHERWISE NOTES ® FD. PK WASHER MARKED LS 3188 PER R05 15519, UNLESS OTHERWISE NOTED INDICATES RECORD DATA PER MAP N0. 9157 C) INDICATES RECORD DATA PER PARCEL MAP N0. 154/8 9' > INDICATES RECORD DATA PER R05 15519 N )) INDICATES RECORD DATA PER M.S. 783 F0. INDICATES FOUND N . 1,030,651.347 E - 6,303,572.546 COMMENCE ANGLE AT POINT '4' SCALE 1' . 100' CCS83 1830-6303 1014. 5-2003-08 I L.C. 190-1742 MAP N O . MARIPOSA WALK IN THE CITY OF NATIONAL CITY SHEET 1 OF 2 SHEETS S-2003-08 OWNER'S STATEMENT NE HEREBY CERTIFY MAT WE ARE ME OWNERS OF OR ARE INTERESTED IN ME LAND EMBRACED *TIN THE SUS:NYAEN 70 8E KNOWN AS ME MARIPOSA WALK IN ME CITY OF NATIONAL CITY AND WE HEREBY CONSENT TO ME PREPARATION AND RECONDAMR O MIS MAP CONSISTING OF 2 SHEETS AND DESCRIBED IN ME CAPRON THEREOF. VC HEREBY DEDICATE TO PUBLIC USE FOR STREET AND PUBUC UTILITY PURPOSES 8Lh STREET, AS SHORN HEREON. TT IS 0M INTENT TO MONDE AND LATER CONVEY OUR ENDRE MEREST IN ME REAL PROPERTY SHORT OR MS MAP WREN ME HEAVY BORDER, INCLUDING ANY REVERSIONARY RIGHTS THAT MAY MST WNW ME AOEIMNG ROM RIGHTS -CIF -WAY 1T 15 NOT CM INTENT TO ALBA M SEVER THE LOMA)E MONTS OF OTHERS MHO MAY HAVE A CLAIM ON MOSE REVERSIONARY RIGHTS THROUGH PRIOR CONVEYANCES CLSON 737 - NATIONAL WY 2. UC A CAUFOMOA UNITED LIABILITY COMPANY BY:: BY: NAME: NAME. TIRE TIDE TRUSTEE CMERICA BANK A5 TRUSTEE UNDER DEED OF TRUST RECORDED MAY 11, 2004 AS INSTRUMENT N0 2004-0424533 OF OMTOAL RECORDS BY: BN NAME: NAIAD MILE IDLE: NOTARY STATEMENT SOT OF CAURRMA 155 COUNTY OF SAN PEW ON REFME A/E A NOTARY PUBLIC. PERSMALLr APFEAAED AND S OF SSAA177FF ACTOARUYY(N�CE TO TO 97 ME 00(85 N(5) M'MM� NMHE(5)�IS// SUBSCRIBED 10 ME MMIN INSTRUMENT AND ACKN07Mf0CE0 i0 ME MAT 11E/57E/MEY EXECUTED ME SAME N HIS/HER/THEIR AU7M0R17E0 CAPAO7fY4(7ES), MP MAT BY MS/HER/MEN SIGUAMRE(S) ON ME NSOUMENT. 0Hf PERSON(5) OR ME ENTITY WON BEHALF OF NORM ME PERMS) ACTED. EAECUDD THE INSTRUMENT. MIMESIS MY NANNY. SCRAM" NAVE VY CO4MNSSCN EXPIRES ON 20_. MY PAMPA( PLACE O B0S<5ES5 IS IN CONTY. NY COMMSS N NUMB? /5 MS MAP SECURES VESTED DEVELOPMENT RIGHTS AND ME RIGHTS MU5 VESTED SHALL REMAIN N EFFECT FOR TNG YEARS FROM ME DATE OF RECORDATION. PxO l l6 CONSULTANS PLw7010 . tnnHl9l. a . fi 7nm 901BB9eµl, Sta• 1.pkP.Car0n20nog* 819.437H91 619114-L3N BEY NC A SUBDIVISION OF A POOH OF THE SOUTHERLY ONE-FOURTH OF THE WESTERLY HALF OF ME EASTERLY HALF M DIE NESTERLY HALF OF SO ACRE L07 2 N WARIER SECTION 130 OF RANCHO OE LA MACI8 IN DIE CITY OF NATIONAL Dry COMITY OF SAN DEGO 5741E OF CAMPA IA ACCORONC TO MAP DEREO NO 156, MADE BY MORRILL AND R/ED RI THE DOSE O THE CO M'TY REOANW) OF SAN DEGO COUNTY. MAY IL186E TOMMER MM PORTIONS OF 77A AVENUE AND. R' 4KME, AS DEDICATED TO PUBLIC USE MIS 0' A MAP OF A CONDOMINIUM PROJECT A5 D 7929 N SECROR 7350 O ME CITE. CODE Of I/E STATE OF CALIFORNIA CM7ANNG A MAXMUM OF 34 RESIDENTIAL °NEUNC UNITS AND IS FILED PURSUANT TO ME SUBDIVISION MAP ACT. SUBOMSI58 GUARANTEE MN FIDELITY NATIONAL RILE COMPANY ORDER MD 979I3I0-A PLAZA BLVD. VICINITY MAP N7 SCALE. NOTARY STATEMENT STATE OF CA/FORMA ) COUNTY ° 5,W DEW fSS ON BEFORE AC A NOTARY PUBM PERSONALLY APPEARED AAG o PERSONALLY KNOW 10 ME OR °PROVED TO ME M ME BASS OF SATISFACTORY WIroe7N.E TO BE ME708508(5) WHOSE NAME($) IS/ARE 5UB56'PoBED TO THE WININ NS7BUMMT AND ACXNOIKEDOED 10 ME MAT HE/SHE/MCI 0070UID THE SAME N MSAIEN/BRM AUIHO62W CAPAOT1(N:S), AND THAT BY MS/NER/7187R 570MAITRE(3) M THE INSTRUMENT, THE PENSXN(5 OR IRE ENTITY UPON BEHALF OF NCH ME PERSM(5) ACTED, MUTED ME INSTRUMENT. WITNESS MY HAM: S7ON7ME NAME MY COILM857M EXPRES ON 20 MY PR C PAL PLACE OF BUSINESS /S BI COUNTY: MY COMM/SOON MMRBP 1 CITY CLERK'S CERTIFICATE: ME ATM N2OMA MAYOR AND MKNAEL R DML1, 07Y CORN OF ME WY OF NATIONAL CITYM, CALMOOAA HEREBY CERTIFY MAT ME CITY CWNC4 BY RESOLUTION Na HAS APPROVED MIS SUMMON MAP CONSISTING OF 2 SHEETS AND HAS ACCEPTED ON BMW Of ME PUBLIC THE DEDICATION O A PORTION OF BRA SHEET, AS MOM ON 54D MAP I ALSO CERTIFY THAT ME PROPER PUBLIC NONCE HAS BEEN HIS GIVEN APPROVING HMS SUMMON MAP. BN 0.11E• NIGH NZO24 MAYOR HANONAL Cry CALICRXA BY. DATE: MCHAEL R MLA MT COW NATIONAL77ON0 CAUFAIMA COUNTY TREASURER -TAX COLLECTOR STATEMENT ME COUNTY TREASURER - TAX COLLECTOR CF THE CORM OF SAN DECO STATE OF CM/FMMA, AND &RECTOS DEPARTMENT OF PUBLIC M AKS OF SARI [CORM HEREBY CERTIFY NAT MERE ARE N0 U0AO SPECIAL ASSESSMENTS M BIDS NORM MAY 8E PNO N MU, SHOWN BY IRO BOOKS OF OUR OFFICES AGAINST ENE MACE OR SUMMON, OR ANY PART BEDECK WORN ON ME ANNEXED MAP AND DESCRIBED / 711E CAPTION MERECC DAN MCAL//STER COUNTY TREASURER - TAX COLLECTOR DATED BY DEPUTY JOIN L. SNIDER TINHORN OF ME DEPARTMENT OF PO MC MKS DA7EO BM FOR DIRECTOR SURVEYOR'S STATEMENT I, WRLIAM R. DICN, A LICENSED LAND SURVEYOR OF ME STATE OF CAUFMMA HERESY CERTIFY MAT INC SURVEY Of MIS SUBDIVISION WAS MADE BY ME OR UNDER MY OREC7AM DL/REN JANUARY, 2004 AND NA7 SAID SURVEY IS TRUE AND LYAMPLEIE AS SHOWN THAN Nl STAKES MONUMENTS AND MARKS TOURS TOGETHER NM THOSE SET, ARE OF ME 0ARAC7ER INDICATED AND OCCUPY ME FORMS SHORN THEREON. (SEE LEGEND ON SHEET NO 2) NRLIMA R. CORK LS 5276 US EXP. 12/31/05 DATE: CITY ENGINEER'S STATEMENT / BM ON S MKRS DEPUTY CITY ENGINEER OF THE CITY OF NATIONAL C'M HEREBY STATE MAT MIS MAP SUBSTANTIALLY CONFORMS TO THE 7101747IVE MAP, 1F ANY, AND ANY APPROVED ALTERATIONS THEREOF; MAT /T COMPLIES MM ME SIR08SM MAP ACT AND ANY LOCAL °ROMANCES APPLICABLE AT THE RIFE OF APPROVAL OF THE TENTATIVE MAP AND AM SATISFIED THAT IT IS TECHNICALLY CORRECT. WANTON S MMILS OFPTRIY C1Y ENO7NC0 RCE 24928 MY RELYSIRARW DARES MARLIN 31. 2005 DATED TAX DEPOSIT CERTIFICATE L MOMAS A PASMSEKA, CLERK OF THE BOARD OF SUPLRYSMB (HEREBY CERTIFY MAT ME PRONSILNS OF ME S/B045M MAP ACT (OHS Y 2 OF TITLE 7 OF THE GOVERNMENT CODE) RECARONC (A) OEP0575 FM TAXES, AND (B) CERIMGNO/ OF ME ABSENCE OF LENS FOR UNPAID STATE. COUNTY. WMOPAL OR LOCAL TAXES OR SPECIAL ASSESSYO175 COLEC7E0 AS TAXES EXCEPT M050 NOT YET PAYABLE, HAVE BEEN COMPLIED WM. THOMAS 2 PA55U52KA CLERK OF RE WARD SUMBYSON'S BY DEPUTY DAM COUNTY RECORDER'S STATEMENT t N5 L COUNTY RECORDER O 174E MONTY OF SAN MEW, CALFOM7A HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION TES MAP HUED AT ME REQUEST OF *WAN R OM77( MS_ OAT OF 20 AT ,ODLOM_N.. GREGORY d 51.6M COUNTY RE7014eR Btt DEPUTY COUNTY RECORDER FES 810.00 CCS83 1830-6303 I T.M. 5-2003-08 I L.C. 190-1792 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September21, 2004 4 AGENDA ITEM NO. (-ITEM TITLE2ESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALFRED M. DE LA CRUZ, ESQ. TO PROVIDE SERVICES AS SPECIAL TRIAL COUNSEL PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The City from time to time retains outside counsel to provide legal representation to the City and its officials and employees in litigation matters. The proposed resolution would authorize an agreement for legal services on an as -needed basis with Alfred M. De La Cruz, Esq., a partner in the Law Firm of Manning & Marder, Kass, Ellrod, Ramirez, LLP. Mr. De La Cruz has provided background information about himself and his law firm, and has been interviewed by the City Attorney and the Risk Manager. Mr. De La Cruz is well qualified and has agreed to provide representation at the rate of $150 per hour, which is competitive with the rates paid by the City to other attorneys who provide legal services to the city. Environmental Review X N/A Financial Statement Funds are budgeted. Approved By Finance Director Account No.402'7 ,25 O/ STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Biographical information Agreement Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALFRED M. DE LA CRUZ, ESQ. TO PROVIDE SERVICES AS SPECIAL TRIAL COUNSEL WHEREAS, the City desires to retain an attomey to provide services as special trial counsel; and WHEREAS, the City has determined that Alfred M. De La Cruz, Esq. of the Law Firm of Manning & Marder, Kass, Ellrod, Ramirez, LLP is a California licensed attorney and is qualified by experience and ability to perform the 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 Alfred M. De La Cruz, Esq. of the Law Firm of Manning & Marder, Kass, Ellrod, Ramirez, LLP to provide services as special trial counsel for the City. Said agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, ID City Attorney Alfred M. De La Cruz graduated from the University of California Boalt Hall School of Law (J.D. 1990), where he was President of his class. He served on the editorial staff of both the High Technology Law Journal and La Raza Law Journal. He began his legal practice as a Deputy District Attorney in 1990. He successfully prosecuted numerous insurance fraud cases, including multimillion dollar conspiracies, while working in the Insurance Fraud Division. In his career he has tried over 88 jury trials to verdict and tried over 300 court trials. He also drafted and/or participated in over 20 search warrants involving attorneys and/or medical providers. He has taught classea for both the L.A.P.D. and the L.A. County Sheriff Department in the areas of testifying skills and search and seizure law. Prior to attending law school, Mr. De La Cruz -worked as a mechanical engineer for TRW Inc. where he specialized in computer simulations. He received his Bachelor of Science degree in Mechanical Engineering from the University of California, Irvine in 1984. Mr. De La Cruz is the managing partner of the San Diego office. a Philosophy: Location: Practice: MANNING &MARDER KASS, ELLROD, RAMIREZ LLP ATTORNEYS AT LAW INTRODUCTION Manning & Marder, Kass, Ellrod, Ramirez LLP is an innovative, AV - rated law firm. Founded in 1994, the firm has grown to over 100 attorneys in five cities. The firm's growth parallels our philosophy of a dynamic, hard working and aggressive firm that operates as a tight team. Focusing on case area specialization and a team approach, Manning & Marder delivers the highest level of legal service in a timely and cost-effective manner. Regardless of size, each client is assigned a carefully chosen team of attorneys who are dedicated to their needs and best suited for the case. Manning & Marder believes that clients should deal with a small group of attorneys with big firm resources behind them, rather than spreading their cases to the first available attorney. Manning & Marder, Kass, Ellrod, Ramirez LLP services clients throughout California and the western United States from offices in Los Angeles, Irvine, San Diego, San Francisco and Phoenix. We also travel to every region of the United States to represent our national -level clients. Manning & Marder, Kass, Ellrod, Ramirez LLP is a full service law firm emphasizing the following practice areas which have gained us a national reputation and loyal client base: • Police Civil Liability • Governmental Tort Liability • General Civil Litigation (Premises Liability) • Employment Law • Professional Liability (Legal and Medical Malpractice) • Workers' Compensation Defense • Appellate Law • Insurance Defense (SIU, First Party Property, Coverage, Bad Faith) • Qui Tam Actions • Subrogation Practice • Private Security Guard Litigation • Immigration Law • Business and Commercial Law • Real Estate Litigation and Transactions • Sports, Recreation and Attractions Law • Intellectual Property Law • Entertainment Law Statement of Qualifications Size: MANNING MARDER KASS, ELLROD, RAMIREZ u.e The firm currently has over 120 attorneys and paralegals. Rates: Hourly billing rates vary depending on the nature of the work. However, we pride ourselves on providing top quality legal service at very competitive prices. Our rates are generally less than the rates our clients are accustomed to paying other law firms. Our team concept structure has enabled us to keep our hourly rate low while out -performing other firms charging much more per hour. Resources: Manning & Marder, Kass, Ellrod, Ramirez LLP believes that a well staffed, high tech environment is essential if quality legal services are to be delivered at a reasonable cost. Our attorneys and staff have state-of-the-art technological resources at their fingertips. The firm has moved away from outdated research methods and we now exploit America's online resources, allowing us to deliver quality legal services quickly, efficiently and economically. Attorneys still using yesterday's research techniques do so at the expense of their clients. AGREEMENT , BY AND BETWEEN THE CITY OF NATIONAL CITY AND ALFRED M. DE LA CRUZ THIS AGREEMENT is entered into this 3rd day of September , 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Alfred M. De La Cruz, Attomey at Law, of the Law Firm of Manning & Marder, Kass, Ellrod, Ramirez, LLP (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to retain a CONTRACTOR to provide legal services for the CITY. WHEREAS, the CITY has determined that the CONTRACTOR is a Califomia licensed attorney 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 as special trial counsel to the City and the CONTRACTOR hereby agrees to perform the services of special trial counsel 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 legal services as assigned by the City Attomey. The CONTRACTOR shall be responsible for all work assigned by the City Attorney. The CONTRACTOR may hold or appear at meetings as requested by CITY staff, as needed, or at the direction of the City Attomey. The scope of work may also indude, but is not limited to, conferences, hearings, court sessions, depositions (preparation and participation), correspondence, preparation and review of legal documents, legal research, supervision of outside counsel and litigation, and telephone calls. 3. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering time and work performed. The hourly rate for CONTRACTOR will be $150. Billings may include costs incurred personally by CONTRACTOR in the course of work performed for CITY, such as process server's fees, fees fixed by law or assessed by courts or other agencies sanctions, court reporters' fees, long distance and cellular telephone calls, messenger and other delivery fees, postage, office photocopying, parking, mileage, facsimile use, investigation expenses, computerized research charges, consultants' fees, expert witness fees, travel costs 2004 Agreement Alfred M. De La Cruz, Esq. Special Trial Counsel (including coach airfare and hotel accommodations), and other similar items. Montly invoices will be processed for payment and remitted within fourteen (14) days from receipt of invoice. 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 his 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 fumishing of copies to the CITY, if requested. 4. LENGTH OF AGREEMENT. Duration of this Agreement shall be at the discretion of the parties and shall continue indefinitely at the pleasure of the parties. 5. INDEPENDENT CONTRACTOR. CONTRACTOR, hereto in the performance of this Agreement, will be acting in an independent capacity and not as an agent, employee, partner or joint venturer with CITY. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of 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 his employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the City Attorney. This provision does not apply, however, to assignment and supervision by CONTRACTOR of outside attorneys hired by CITY for other matters that the City Attorney directs. 6. 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. 7. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that he has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice his 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 his profession. 8. STANDARD OF CARE. 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 profession currently practicing under similar conditions and in similar locations. 9. 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, 2004 Agreement 2 Alfred M. De La Cruz, Esq. Special Trial Counsel 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. 10. 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 to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 10, 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 his performance hereunder, the CONTRACTOR shall comply with all legal obligations he may now or hereafter have respecting the information or other property of any other person, firm or corporation. 11. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers, employees and volunteers, 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 attomeys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. This indemnity is not intended to act as a guarantee or warranty of the success of any legal service provided hereunder, which service will be provided to the level of expertise identified in Section 8 above. 12. 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. 2004 Agreement 3 Alfred M. De La Cruz, Esq. Special Trial Counsel 13. INSURANCE. The CONTRACTOR, at his sole cost and expense, shall purchase and maintain throughout the term of this agreement, the following insurance policies: A. Legal Malpractice Insurance with minimum limits of $1 Million per occurrence. B. 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 his operation under this Agreement. C. Workers' compensation insurance covering all of CONSULTANT'S employees. D. 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 Toss under said insurance, with the exception of the CITY defending and indemnifying CONTRACTOR for actions institued against CONTRACTOR for prior performance of CITY related work. E. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material changes. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for one years after expiration of the term (and any extensions) of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess 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. 1. 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 Attorney. 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. 14. 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, Califomia, 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 bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attomey's fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 2004 Agreement 4 Alfred M. De La Cruz, Esq. Special Trial Counsel 15. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 30-days' written notice to the CONTRACTOR. 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 a written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished 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. 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. F. The CONTRACTOR agrees to provide two (2) weeks notice of termination. 16. 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, retum 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 bedeemed 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 ovemight mail, the business day following its deposit in such ovemight 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 Califomia) 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: George H. Eiser, III City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Alfred M. De La Cruz, Esq. Manning & Marder, Kass, El[rod, Ramirez, LLP 401 West A Street Suite 1900 San Diego, CA 92101-7908 2004 Agreement 5 Alfred M. De La Cruz, Esq. Special Trial Counsel Notiee 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 tieemed to constitute receipt of the notice, demand, request or communication sent. my 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. 17. CONFLICT OF INTEREST OBLIGATIONS: During the termof 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 represents that he has no knowledge of any financial interests that would require him to disqualify himself from any matter on which he might perform services for the CITY. The CONTRACTOR shall be strictly liable to the CITY for al! damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph by the CONTRACTOR. 18. 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. 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. F. 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. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. H. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 2004 Agreement 6 Alfred M. De La Cruz, Esq. Special Trial Counsel I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. J. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY MANNING & MARD RAMIREZ, LLP By: Nick Inzunza Alfred Mayor Attorney at L APPROVED AS TO FORM: George H. Eiser, III City Attomey 2004 Agreement 7 uz, Esq. Alfred M. De La Cruz, Esq. Special Trial Counsel City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE September 21, 2004 AGENDA ITEM NO. 5 (-:ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROVING AN ADJUSTMENT TO THE SALARY OF THE CITY ATTORNEY, TO BE REIMBURSED BY THE COMMUNITY DEVELOPMENT COMMISSION PREPARED BY George H. Eiser, iiii ' DEPARTMENT EXPLANATION (Ext. 4221) City Attorney The City Attorney serves as legal counsel to the Community Development Commission. Accordingly, the CDC reimburses the City for a portion of the City Attorney's salary. Because of the recent increase in activity at the CDC resulting from an expansion in redevelopment and economic development activity, it is requested that the salary of the City Attorney be increased to reflect a greater work load and responsibilities. The full amount of the increase would be reimbursed to the City by the CDC. The proposed resolution would accomplish the above, to be effective July 1, 2004. CEnvironmental Review (Financial Financial Statement X N/A To be funded by the CDC. Approved By: Finance irecto Account No. / STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9;99) RESOLUTION NO. 2004 —178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ADJUSTMENT TO THE SALARY OF THE CITY ATTORNEY, TO BE REIMBURSED BY THE COMMUNITY DEVELOPMENT COMMISSION WHEREAS, the Community Development Commission of the City of National City ("CDC") has recently experienced a significant increase in redevelopment and economic development activity; and WHEREAS, the City Attorney serves as legal counsel to the CDC, and accordingly, the CDC reimburses the City for a portion of the City Attorney's salary; and WHEREAS, as a result of the increased CDC activity, additional work load and responsibilities have been placed upon the City Attorney, and it is the desire of the City Council to increase the compensation of the City Attorney to reflect this increased work load and responsibilities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City establishes the salary of the City Attorney at $15,584 per month, effective at the start of the first pay period in Fiscal Year 2004-2005. All other items of compensation shall remain as approved pursuant to Resolution No. 2002-109. BE IT FURTHER RESOLVED that the City Manager is hereby directed to reflect the salary adjustment in the Final Budget for Fiscal Year 2004-2005. BE IT FURTHER RESOLVED that the entire amount of this increase in salary shall be reimbursed to the City by the CDC. PASSED and APPROVED this 21st day of September, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attomey City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 AGENDA IYNO. 6 %ITEM TITLE Resolution Approving a Tentative Subdivision Map to Divide -a 12,750 Square Foot Property on the East Side of C Avenue between 8th Street and 9th Street, into Eight Residential Lots with a Conditional Use Permit for One of the Lots to Have an Accessory LivingUnit (Applicant: Brett Farrow — for Alpha Project) (Case File No.: S-2004-6/CUP-2004-18) PREPARED BY gq;? DEPARTMENT EXT. EXPLANATION Roger Post 336-4310 Planning The City Council voted to approve this item at the September 7, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution No. Resolution A-200 (Rev. 7/03) RESOLUTION NO. 2004 —179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8TH STREET AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WITH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-6/CUP-2004-18 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimball's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 2004, 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 Nos. S-2004-6 and CUP-2004-18 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City; California, that it hereby approves the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential Tots with a conditional use permit for one of the lots to have an accessory living unit, based on the following findings: Resolution No. 2004 —179 September 21, 2004 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 units/acre). Also, the high quality characteristics and urban style of the residential development will strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are no relevant specific plans for this area. 2. The site is physically suitable for the proposed type of development, since the urban style residential development will harmonize with the existing urban residential and commercial development in the vicinity, and since most of the development in the area is multi -storied. 3. The site is physically suitable for the proposed density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by the General Plan and with the density of existing nearby development, which varies within the project block from approximately 20 units/acre to 40 units/acre. Also, adequate off-street parking and private open space areas will be provided. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the small 12,950 square foot site, which was previously developed, is devoid of any vegetation, and since there are no bodies of water on -site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 3 Resolution No. 2004 —179 September 21, 2004 Page 3 • 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ACCESSORY LIVING UNIT ON LOT 6 1. That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living unit/companion flat with adequate off-street parking and private open space. 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 as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on lot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and commercial roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. Resolution No. 2904 —179 September 21, 2004 Page 4 FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes the elevated street and level alley frontage consistent with the pattern of existing residential development in the area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and development include numerous design features that will make it compatible with the adjacent urban residential and commercial properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Guidelines. Finally, the proposed building heights are consistent with the heights of existing development in the area and under the same zoning classification, and are Tess than would be allowed for commercial development on the property. Resolution No. 2004 —179 September 21, 2004 Page 5 2. That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since existing nearby developments in the CG Zone provide a lesser ratio of off-street parking spaces per unit in sub -standard parking lots. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing theparcel of property, since residential development is permitted in the General Commercial (CG) Zone with an approved site plan. BE IT FURTHER RESOLVED that based on the findings °hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the Tots to have an accessory livingunit is hereby approved subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the division of one project site into eight lots for development with eight residential units and one accessory living unit. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B-revised and C, Case File no. S-2004-6/CUP-2004-18, dated 7/20/2004, 7/20/2004 and 7/23/2004 respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective. 4. The developer shall provide a declaration of covenants, conditions' and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover ail contemplated costs. Resolution No. 2004 , 179 September 21, 2004 Page 6 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attomey as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. All exterior balcony/deck/stair railing shall be a high quality, low -maintenance material (excluding wood), subject to review and approval of the Planning Director. 7. If gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. Estimated minimum fire flow requirement will be 2250 gpm for 2 hours. 9. Access to the auto court shall not be less than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted "NO PARKING FIRE LANE." 11. Unit 8 shall have an individual fire sprinkler system subject to review and approval of the Fire Department. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. Resolution No. 20044-179 September 21, 2004 Page 7 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. The deteriorated portions of the existing street improvements (30' of sidewalks) along the property frontages shall be removed and replaced. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any 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 improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment, according to actual work hours. 19. Street improvements shall be in accordance with City Standards. All missing street improvements (100' of curb and gutter) shall be constructed. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. Resolution No. 2004 —179 September 21, 2004 Page 8 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. Separate water and sewer laterals shall be provided to each lot/parcel. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess 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. 32. 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. 33. Before this Tentative Subdivision Map and 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 Resolution No. 2004 —17.9 September 21, 2004 Page 9 accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Fomi within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map / 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 Tentative Subdivision Map / 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. 34. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Subdivision Map. 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 21st day of September, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 AGENDA ITEM NO. 7 ITEM TITLE Resolution Approving a Tentative Subdivision Map and Planned Development Permit for Division of a 1.9 Acre Property to Accommodate a 25 Unit Residential Development on the West Side of Interstate 805 North of 16th Street. (Applicant: Pacifica Companies) (Case File No. S-2004- 2/PD-2004-2) PREPARED BY JCP DEPARTMENT EXT. Roger Post 336-4310 Planning EXPLANATION The City Council voted to approve this item at the September 7, 2004 public hearing. The attached resolution is needed to follow through on the action. CEnvironmental Review Financial Statement N/A N/A Categorical Exemption MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATIO N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 - 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND PLANNED DEVELOPMENT PERMIT FOR THE DIVISION OF A 1.9 ACRE PROPERTY TO ACCOMMODATE A 25 UNIT RESIDENTIAL DEVELOPMENT ON THE WEST SIDE OF INTERSTATE 805 NORTH OF 16TH STREET APPLICANT: PACIFICA COMPANIES CASE FILE NO. S-2004-2/PD-2004-2 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: That portion of the south half of the Easterly Quarter of the Southwest Quarter of Quarter Section 129 of Rancho De La Nacion, together with the Northwesterly 60 feet of the Northeasterly 100 feet of the Southeasterly 360 feet of that portion of 80 Acre Lot 2 in said Quarter Section 129, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, by Morrill, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, Califomia, considered said applications at a public hearing held on July 19, and August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on September 7, 2004, 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 Nos. S-2004-2 and PD-2004-2 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map and planned development permit for the division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 north of 16th Street, based on the following findings: Resolution No. 2004 —180 September 21, 2004 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will provide 25 additional homeownership opportunities on a vacant commercial property, and since the units will be designed to be suitable for families. Also, the project density of 13.2 units per acre is well within the 22.9 units/acre allowed by the General Plan. Finally, there are no specific plans that are applicable to the project site. 2. The site is physically suitable for the proposed type of development, since the proposed development exhibits characteristics of both single-family and multi -family development in order to harmonize with the existing development around the site. 3. The site is physically suitable for the proposed density of development, since the proposed development will feature good sized residential units, with an excess of off-street parking, and an overabundance of open space. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water located on the disturbed site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 3 Resolution No. 2004 —180 September 21, 2004 Page 3 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site can accommodate 25 good sized residential units, with an excess of off-street parking, and abundant open space. 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 approximately 200 average daily trips (ADT) that will be generated by the project can accommodated on the nearby roads. Specifically, since Sheryl Lane, which is only a block and a half long in this area, does not carry through traffic, and since 16th Street is operating at half its capacity of 10,000 ADT. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the traffic generated by the project can be absorbed by the existing roads in the area, and since single-family characteristics integrated into the project will allow it to harmonize with the existing development. Additionally, the excess of off-street parking that will be provided, coupled with the location of the main recreation at the center of the development, will lessen the potential for impacts to adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since 25 new homeownership opportunities will be created in a region facing a growing demand for additional housing. FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the general isolation of the site from the existing road network makes it impracticable to divide it consistent with the subdivision/development pattem of the existing residential development in the area. LI Resolution No. 2004 —180 September 21, 2004 Page 4 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and future development pattern is compatible with the adjacent residential properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Planned Development Permit for the division of a 1.9 acre property to accommodate a 25 unit residential development on the west side of Interstate 805 north of 16"' Street is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map and Planned Development Permit authorize a 25 unit residential development on an existing 1.89 acre property. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B-revised, Case File No. S-2004-2/PD- 2004-2, dated 5/6/2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Either individual trash service shall be provided or a trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 4. All construction recommendations contained in the Acoustical Analysis prepared by Davy & Associates for Pacifica Companies shall be satisfied prior to issuance of a building permit. 5. Optional unit additions must be consistent with the concept contained in Exhibit B-revised, Case File No. S-2004-2/PD-2004-2, dated 5/6/2004. Also the covenants, conditions and restrictions (more fully described below) shall include a provision requiring association board approval prior to issuance of a National City Building Permit for said addition. Resolution No. 2004 —180 September 21, 2004 Page 5 6. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, dearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 7. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 8. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 10. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Public Works Departments requirements. 11. A grading plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including Resolution No. 2004 —180 September 21, 2004 Page 6 • sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 12. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 13. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed private streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. All soils report findings and recommendations shall be part of the Public Works Department requirements. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. An existing 10- foot wide sewer easement reserved to the City of National City exists on the property and no building encroachment will be allowed within the easement. The sewer main can be relocated and a new sewer easement can be dedicated to the city. The easement shall be shown on the plans. 16. The driveway on Sheryl Lane shall be an alley entrance type driveway with pedestrian ramps. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any 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 improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 7 Resolutign No. 2004 —180 September 21, 2004 Page 7 19. Street improvements shall be in accordance with City Standards. AU missing street improvements (approximately 70' of sidewalks) shall be constructed. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Public Works Department prior to any work beginning on the project . 22. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 23. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. Minimum fire flow requirement shall be 2,750 gpm for two (2) hours. Resolution No. 2004 —180 September 21, 2004 ' Page 8 30. Minimum fire access roadway shall be 20 feet unobstructed width with 13 feet 6 inches vertical clearance, and with a comer radius of 28 feet. 31. Fire hydrants to be placed at 300-foot intervals. 32. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 33. 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. 34. 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. 35. Before this Tentative Subdivision Map / Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map / Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map / Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 36. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Planned Development Permit shall expire concurrent with the Tentative Subdivision Map, unless extended according to the procedures contained in Chapter 18.116 of the National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 9 Resolution No. 2004 —180 September 21, 2004 Page 9 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 21st day of September, 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor Id City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 AGENDA ITEM NO. 8 / ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LIBRARY AUTOMATION SOFTWARE LICENSE AGREEMENT WITH DYNIX CORPORATION FOR THE NATIONAL CITY PUBLIC LIBRARY IN THE AMOUNT OF $52,423.60. PREPARED BY DEPARTMENT EXT. 4364 Anne Campbell� � Library EXPLANATION The Library's automation (circulation/catalog) software platform, Dynix, is currently based on a restricted number of licenses, which restricts the number of concurrent users. In the new library, the expanded number of public and staff computers requires us to move to the newest version of Dynix software, which is based on an open platform that will not restrict concurrent users. By approving this license agreement, the library will have ample time to work with Dynix staff to migrate the existing databases, train staff and complete the process prior to moving to the new library. Dynix Corporation, a Utah based corporation, has provided library automation software for the library since 1993, and is rated among the top library automation vendors in the United States. It is requested that City Council waive the formal bidding requirements, as allowed in Section 12a4 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the municipal Code, which states that the Purchasing Agent may dispense with the requirements of bidding: "When the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure". In this case the migration to the newest version of the existing software will ensure software compatibility with the library's existing circulation/catalog system. i Environmental Review N/A Financial Statement MIS Approval Approved By: Finance Director The $52,423.60 cost for software licenses and migration services is available in the Library's Fund 108. Account No. STAFF RECOMMENDATION Approve the license agreement between the City of National City and Dynix Corporation. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. DYNIX COMPANY INFORMATION A-200 (Rev. 7/03) RESOLUTION NO. 2004 —184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LIBRARY AUTOMATION SOFTWARE LICENSE AGREEMENT WITH DYNIX CORPORATION FOR THE NATIONAL CITY PUBLIC LIBRARY IN THE AMOUNT OF $52,423.60 WHEREAS, the City is in need of software in order to provide certain services at the Library; and WHEREAS, Dynix Corporation is able to provide such software through a software license agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorize the Mayor to execute a library automation software license agreement with Dynix Corporation for the National City Public Library in the amount of $52,423. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney D Y N I X LICENSE AGREEMENT This Agreement is made and entered into this day of , 2004 ("Effective Date") by and between Dynix Corporation ("Dyniq, a Utah ccrporation having its offices at 400 West 5050 North, Provo, Utah 84604 and City of National City/National City Public Library ("Customer"), having its offices at 200 East 12th Street, National City, California 91950. The term "Dynix" shall also refer to the company, its agents, suppliers, and its subcontractors. 1. DEFINITION OF TERMS Licensed Software (or Software): Each Dynix-developed or Dynix-owned software product, which may include third -party technology, as listed in Schedule 1, including machine-readable object code (not source code) for such product, any user documentation for such product, and any other related materials which are fumished to Customer b y Dynix for u se i n c onnection with s uch product, a s well a s a ny s ubsequent releases a nd e rror corrections for Software previously licensed to Customer. 2. FURNISHING OF SOFTWARE AND SERVICES Subject to the terms and conditions set forth herein, Dynix agrees to provide and Customer hereby agrees to purchase the licenses and services described in Schedule 1. Customer agrees to provide Dynix with access to the system via a dedicated data -grade phone line and the Internet to install and support the Software. Customer shall be responsible for maintaining: (1) a telephone within reach of the database server; (2) an auto -answer Dynix-approved modem attached to a port for the exdusive use of Dynix; (3) an "outside" data grade phone line for the modem to be used in dial -up diagnostics and maintenance; and (4) Internet access including access through any security measures. Dynix alone shall decide whether access to the System is sufficient for installation and support. 3. WARRANTY Dynix warrants that the then -current, unmodified version of the Software provided by Dynix to Customer will operate in all material respects in conformity to Dynix's published technical manuals relating to the end use of the Software for a period of one year from commencement of live operation. No representation is made that the Software is error -free or will satisfy all of Customer's requirements. If the Software does not perform as warranted, Customer's exclusive remedy, at Dynix's option, will be replacement of the non -conforming Software or an equitable adjustment of the license fee paid by Customer for such non -conforming Software. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT THE LICENSED SOFTWARE IS ERROR -FREE; AND (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT, AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY DYNIX, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY. 4. PAYMENT Invoices shall be considered past due 30 days after the date shown thereon. Past due balances are subject to the lesser of a 1'/%% per month interest charge (18% per annum) or the highest rate allowed by law. Customer agrees to reimburse Dynix for any taxes arising out of this Agreement or Dynix's performance under this Agreement, excluding taxes on Dynix's net income, that exceed the taxes contained herein. Payment is due upon invoice for successful completion of the following milestones: MILESTONE AMOUNT TAX GRAND TOTAL Delivery of Client Licensed Software Modules to Customer 21,174.00 1,640.98 22,814.98 Completion of Data Test Load 20,329.00 1,575.50 21,904.50 Completion of Initial Core Training (Cat, Circ, Pac, SA) 7,150.00 554.12 7,704.12 TOTAL $48,653.00 $3,770.60 $52,423.60 5. SOFTWARE LICENSE A. Dynix hereby grants Customer a non-exclusive, non -transferable, hon-sublicenseabie and limited use license to use the Software solely i n the conduct of the business of Customer on the Database Server, Horizon Application Server, and Workstations. B. Customer may not rent or lease the Software to any other entity or use the Software as part of a commercial time-sharing, subscription bureau or service bureau operation. C. The Software is confidential and copyrighted and all rights therein not expressly granted to Customer are reserved to Dynix. D. Dynix retains title to all copies of the Software; all training and procedural materials developed by Dynix in conjunction with the Software; and any additions and supplements to the Software which may be developed for Customer through the reimbursed or unreimbursed efforts of Dynix employees or agents. E. Except to the extent permitted by applicable law, Customer may not make copies of the Software, other than for archival or backup purposes, nor shall it modify, decompile, or reverse -engineer the Software. F. Dynix may update and modify the Software from time to time, as it deems necessary. . G. Dynix or its independent audit firm may, upon reasonable notice, examine and audit the records and systems of Customer to ensure compliance with any license granted by Dynix. Any audit will be performed during the Customer's regular business hours and in a manner which avoids unreasonable interference with the Customer's operations. If such an audit reveals that Customer has underpaid or failed to pay any license fee, Customer agrees promptly to correct such underpayment. H. Customer acknowledges that any breach or threatened breach of any license involving unauthorized use of Dynix's intellectual property rights will result in irreparable harm to Dynix for which damages would not be an adequate remedy. 1. Customer may not alter or obscure any proprietary rights notice, including the phrase "powered by Dynix," appearing on any Dynix-supplied materials and must include such notices on any copies. J. Dynix's placement of a copyright notice on any portion of any Software or any update to such Software will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains proprietary and confidential information of Dynix. K. Upon termination of this license, Customer shall destroy or return to Dynix all copies of the Licensed Software. 6. INDEMNIFICATION AND LIMITATION OF LIABILITY To the extent not prohibited by applicable law, Dynix's maximum aggregate liability for all claims relating to the Agreement, w hether for breach of contract, breach of warranty or i n tort, including n egligence, w ill b e limited to the amount paid by Customer to Dynix during the previous 12 months for the Licensed Software or service which is the subject matter of the claim. DYNIX WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE AGREEMENT (INCLUDING, WITHOUT L IMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE EVEN IF DYNIX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THE AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. 7. GENERAL A. Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's reasonable control, if the party makes reasonable efforts to perform. This provision does not relieve Customer of its obligation to make payments then owing. B. Assignment. Customer may not assign or transfer the Agreement or its rights under it without Dynix's prior written approval, which approval will not be unreasonably withheld. C. Notices. All written notices required by this Agreement will be effective upon receipt. Notices communicated by electronic mail or facsimile will be deemed to be written. D. Invalidity. If any provision of the Agreement is held invalid by law or regulation of any government or by any court or arbitrator, such invalidity will not affect the enforceability of other provisions. E. Survival. Rights and obligations under the Agreement which by their nature should survive will remain in effect after termination or expiration of the Agreement. City of National City/National City Public Library - Page 2 CONFIDENTIAL AND PROPRIETARY F. No Waiver. • Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non -enforcement. G. Modification. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party. H. Entire Agreement. T his Agreement constitutes t he p arties' entire agreement r elating t o its s ubject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, proposals, conditions, representations, and warranties, and prevails over any conflicting or additional terms contained in any quote, purchase order, acknowledgement, or other communication between parties relating to its subject matter during its term. L Counterparts. The parties agree that this Agreement may be executed in one or more counterparts, each of which shall be constitute an enforceable original of the Agreement, and that facsimile signatures shall be as effective and binding as original signatures. IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit of and be binding upon the successors of the respective parties, to be signed and entered as of the Effective Date. Dynix Corporation City of National City By: Title: C-'4-0 Title: Dynix Corporation By: City of National City/National City Public Library.. Page 3 CONFIDENTIAL AND PROPRIETARY SCHEDULE CONFIGURATION # 42264 Unit Total Annual Qty Description Price Price Maint 1 Horizon Public Library Suite 66,677 66,677 10,002 General Horizon Cataloging Horizon Circulation Horizon Information Portal Horizon Kids' Information Portal Horizon Acquisitions Horizon Debt Collect Horizon Community Resources Horizon Home Service Dvnix Customer Loyalty Discount: (20,003) ADDITIONAL SOFTWARE 1 Horizon Enriched Content (Public) 1,117 1,117 1,117 Elements Selected Are: Fiction & Bio Table of Contents Summaries/Annotations Chapters/Excerpts Cover Images PW Reviews LJ Reviews SLJ Reviews Author Notes SIP 1 Horizon SIP License, First location 3,000 3,000 450 DATA SERVICES HORIZON DATA LOAD SERVICES 1 MARC Data Load Setup & Consultation 6,000 6,000 Desc: Includes Consultation, test`load(s), data tuning, and profiling while in implementation. Requirement: Customer will provide clean MARC records with item tags. 1 MARC Bibliographic and Item Record Load 3,829 3,829 Desc: Load MARC bibliographic records with item information 1 Circulation Transaction Migration 1 Less than 500,000 bib records 5,000 5,000 Requirements: Customer must provide a single file in pre -defined or ASCII delimited format with field definitions. File contains item status, fines and fees, notices, and requests. History is not transferable City of National City/National City Public Library - Page 4 CONFIDENTIAL AND PROPRIETARY • however balance totals may be preserved. I 1 Patron File Load — One Time 2,500 2,500 IMPLEMENTATION SERVICES 2 Pre -installation and Database Design Planning Days 1,500 3,000 Profile and map system, determine indexes and MARC maps, decide collection and location codes, circulation privileges, borrower types and barcodes (to be held at Dynix or via the Web) SERVER INTEGRATION 1 Remote Server Integration 1,600 1,600 Integration for Database Server/ HIP Server ( Customer will send staged server to Dynix for Data load) EDUCATION SERVICES HORIZON TRAINING 6.5 Total Training Days 1,100 7,150 1 Base Onsite Education Package (3 Days) Training Subjects: Searching Cataloging Circulation QuickStart System Administration 1 PUBLIC Onsite Education Package (3.5 Days) Training Subjects: Offline Circ Home Services Community Resources Inventory A Acquisitions SUPPLIES Documentation Bundle 1 Horizon Public Library Suite Doc And Media S SYSTEM SUBTOTAL 79,870 11,568 D Discount: (20,447) A Additional Dynix Discount: {10,770) S Subtotal: 48,653 C California Tax of 7.75% 3,770.60 GRAND TOTAL 52,423.60 11,568 City of National City/National City Public Library - Page 5 CONFIDENTIAL AND PROPRIETARY About Dynix 20 Years of Excellence Celebrating our twentieth year of service to libraries, Dynix is the world's leading provider of library technology solutions. Serving more than 10,000 academic, special, school, public, and consortium libraries in over 40 countries, Dynix products and services are the most widely deployed library technologies in the world. Our History Twenty years ago, Dynix partnered with libraries to design the most efficient library software in the world. Starting in 1983, Dynix set the standard for information management systems by pioneering, user -oriented features such as a community resources module and user -placed holds. Today, Dynix ILS remains one of the most widely used information management systems in the world. Since the development of Dynix ILS, however, the needs of the libraries have evolved, and so has Dynix technology. In 1993, Dynix introduced the first client/server information management system —Horizon and led the industry in creating interfaces for the web -based interaction that today's library users expect. Dynix has always been a pioneer of new library technologies producing over 20 significant industry "firsts," including: • The first online catalog with real-time circulation status • The first telephone messaging with automatic renewals • The first electronic ordering interface to book jobbers • The first Reciprocal Borrgwing solution • The first cataloging system to seamlessly and automatically import MARC records from OCLC into its bibliographic database Our Vision Our vision is to provide solutions that enable libraries to deliver managed information and enhanced services in a digital world. Through our unique blend of software leadership and library expertise, Dynix is focused on providing customers forward -thinking products, progressive engineering, and exceptional customer support. Looking to the future, we remain committed to delivering technology products and services that enhance the efficiency of librarian workflows and expand user services. Dynix is the world's leading provider of information management technologies, solutions, and services for libraries, with the largest installed base of customers in the world serving more than 10,000 libraries in more than 40 countries. Today, the company continues to be a pioneer in developing solutions and being an advocate for all libraries. One of these pioneering ventures is the Dynix Institute - a family of programs and services offered free of charge for the professional development and intellectual growth of all librarians. Dynix also employs more than 100 professional librarians who apply their professional expertise in creating products and services for public libraries and their customers. In short, Dynix knows what libraries need and has the tools to address those needs. Dynix institute The mission of the Dynix Institute is to support librarianship and advance the work of librarians around the world. Dynixlnstitute.com gives visitors an opportunity to register for free Web Seminars, presented by a thought leader in librarianship or technology, or access to the Web Seminar archive. Dynixlnstitute.com also offers a subscription to the Dynix Pulse, a biweekly e-newsletter that features interview -based articles on current topics important to the library community. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 AGENDA(TE NO. 9 / ITEM TITLE WARRANT REGISTER # 9 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance EXT. Marylou Matienzo 619-336-4330 Ratification of Warrant Register #9 per Government Section Code 37208. 1 Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved By: Finance Die Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,128,510.60 BOARD / COMMISSIO'! RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #9 2. Workers Comp Warrant Register dated 08/25/04 3. Payroll Warrant Register dated 08/25/04 Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT September 21, 2004 MEETING DATE 10 AGENDA ITEM NO. (-ITEM TITLE WARRANT REGISTER #10 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #10 per Government Section Code 37208. EXT. ( Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved By: Financ Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 150,625.32. BOARD / COMMISSION fiECOMMEDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#10 2. Workers Comp Warrant Register dated 09/01/04 A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 21, 2004 AGENDA ITEM NO. 11 (-ITEM TITLE CLAIM FOR DAMAGES:I. Robert Fernandez PREPARED BY Dana, CM EPARTMENT R. City Clerk EXPLANATION The claim of I. Robert Fernandez arises from an occurrence on August 30, 2004 and was filed with the City Clerk's Office on August 31, 2004 • 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 / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 AGENDA ITEM NO. 12 ITEM TITLE Public Hearing — Tentative Subdivision Map to Divide One 3.2 Acre Property into Two Lots with a Conditional Use Permit for 21 Condominium Townhomes on the Vacant, Northerly 1.3 Acres of the Property, Which Is Partially Developed with Sav-on Drug Store (Applicant: The Olson Company) (Case File No.: S-2004-7/CUP-2004-17) PREPARED BY DEPARTMENT EXT. Roger Post 336-4310 EXPLANATION Planning This project is proposed for the vacant area north of Sav-on Drugs, which is at the northeast corner of Plaza Boulevard and L Avenue. The proposal is similar to two previous residential developments (Kalesa Walk and Mariposa Walk) proposed by The Olson Company and approved by Council. The Planning Commission held a public hearing on this project at their August 16,2004 meeting. The attached background report describes the residential development proposal in detail. ( Environmental Review X N/A Categorical Exemptior>MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION ECO E ATIO The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes-Saludares, Martinelli, Carrillo, Baca, Flores, Graham, Alvarado, Reynolds Absent: Pruitt ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 31-2004 Including Findings and Conditions of Approval 3. Location Map Resolution No. 5. Photographs of similar units by The Olson Co. 6. Notice of Exemption 7. Department and Agency Comments 8. Applications A-200 ($tev. 7Stoe Photographs 9. Applicant's PlansTExllibits A Revised) BACKGROUND REPORT The project site is located at the northeast comer of Plaza Boulevard and L Avenue in the General Commercial (CG) Zone. The southerly 1.9 acres of the 3.2 acre site is developed with Sav-on Drugs and an associated parking lot. The northerly 1.3 acre portion is vacant, except for some established landscaping and a perimeter wall along the north and east property lines. The northerly portion of the site has approximately 164 feet of frontage on L Avenue. The site is somewhat rectangular and relatively flat. There is a large 20 foot wide storm drain easement that parallels the property frontage along L Avenue. Structures, including buildings of any type cannot be constructed within the easement area. Nearby uses include a couple of single-family homes adjacent to the north; there is an access easement along the north property line of the project site for use by the owners of the two houses. Discount Tire is east of Sav-on in the CG Zone, and there are several single-family homes and an apartment complex east of the northerly portion of the site across M Avenue. West of the site across L Avenue there is a vacant property and a motel, both in the CG Zone. Finally, South Bay Plaza shopping center is located to the south across Plaza Bouelvard. The applicant proposes to divide the property into two lots; the existing Sav-on will remain on one parcel, and 21 new townhome condominium units will be built on the northerly 1.3 acre portion of the site. The residential density on the northerly portion of the site will be approximately 16.3 units/acre (one unit per 2,672 square feet of lot area). The residential units will be 36 feet tall with a two -car garage accessible from the rear of each unit; they will appear to be two stories tall with an elevated porch from the front. They will have a stucco exterior finish and tile gable roof (see attached plans as well as photographs of similar units by The Olson Company). There will be two floor plans offered. The end units (Plan 2) will be 1,660 square feet with an optional den at ground level adjacent to the garage. The rest of the units in each building (Plan 1) will be 1,455 square feet. All units will have three bedrooms and two and half bathrooms, and the living room in each unit will be one and a half stories high. Each will have a 210 square foot front porch and 50 square foot second story deck accessible from the master bedroom. Other unit amenities include fireplaces and indoor laundry hook-ups. There will be a total of five buildings on -site. These include a five -unit building set -back about 30 feet from and facing L Avenue, and four, four -unit buildings within the interior of the site. All of the units will be accessible via a 24 foot wide private road (see the attached plans Exhibit A -revised). The buildings will maintain a minimum 12 foot setback from the proposed property line separating the residential development from Sav-on. They will also be at least 13 %2 feet from the north property line and 15 feet from the east property line. Parking for the residential development will primarily be in the two -car garages provided with each unit. There will also be six guest parking spaces off the private road, which is accessible only from L Avenue and not from the Sav-on parking lot; however, the applicant may provide for emergency vehicle access to the residential development from the Sav-on parking lot. All of the setback areas mentioned above, as well the courts separating the buildings, and over 4,600 square feet of common recreation areas will be landscaped. There are three separate passive recreation areas provided on -site. Planting will consist of a mix of trees, shrubs, groundcover and turf. The landscape concept for the setback area between the buildings and the Sav-on parking lot notes the use trees and shrubs suitable for screening purposes. The proposed development of 21 units results in a project density of 16.3 units per acre, as mentioned above. This is consistent with the recently increased General Plan limit of 34.8 units per acre for multi- family residential development in the CG Zone. Considerably fewer units are proposed than could be approved, partially because of the large drainage easement. The project will create new ownership opportunities of high quality housing with units suitable for families. Finally, the proposed development should achieve another General Plan policy objective by allowing for mobility in the housing market; the applicant has indicated that they expect the development to be attractive to first-time homebuyers. The development incorporates several desirable features encouraged by City Design Guidelines. The buildings have a considerable amount of wall plane and roofline variation. The windows include details, such as multiple panes, trim and shutters. Each unit has a two -car garage, high living room ceilings, a front porch and a private balcony with wrought iron railing. As mentioned, proposed landscaping consists of a good mix of trees, shrubs and ground cover; turf will be used only in common useable recreation areas. Also, plant sizes typically exceed those recommended by Design Guidelines. The proposed development meets or exceeds most Land Use Code requirements, such as those for on - site parking, minimum unit size and maximum floor area ratio, and open space. However, the buildings are partially located within the required 15 foot setback areas at the north and south sides of the site. The encroachment is small, and the slightly reduced setback areas allow for larger open space areas within the interior of the site. The applicant is requesting an exception from these setback requirements. The Code allows for setback variations for subdivisions. A condition of approval would require them to be indicated on the final map. The project should not have a negative effect on traffic patterns in the area. It will generate approximately 168 Average Daily Trips (ADT) according to SANDAG's 2002 Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region. The adjacent streets have adequate capacity to absorb these additional trips. Additionally, the potential impact should be minimized since residential trips are somewhat spread throughout the day, rather than being heavily concentrated in the morning or evening when traffic is heaviest. Also, there is an increased likelihood that some of the trips by the residents will be by foot, since the development is very close to a variety of commercial establishments. The Planning Commission considered this project at a public hearing August 16, 2004. There was no public testimony offered at the hearing. The Commissioners discussed the creation of a home owners association for the development, and voted to recommend approval of the project. They noted that the site is suitable for the type and density of residential development proposed, and that the project is consistent with the City's General Plan. In addition to standard conditions of approval for condominium developments, a condition requiring a screen wall/gate between the residential development and Sav-on Drug Store has been included. Also, numerous Engineering Department conditions, such as keeping the drainage easement clear and undergrounding utilities have been included. Finally, attached Fire Department comments recommend the applicant consider the use of fire sprinkler systems; however, the applicant has indicated they are pursuing an emergency access agreement with Sav-on as an alternative. No condition pertaining to the sprinkler system has been recommended by the Fire Department; however, a condition requiring up to two new fire hydrants is attached. RESOLUTION NO. 31-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO DIVIDE ONE 3.2 ACRE PROPERTY INTO TWO LOTS WITH A CONDITIONAL USE PERMIT FOR 21 CONDOMINIUM TOWNHOMES ON THE VACANT, NORTHERLY 1.3 ACRES OF THE PROPERTY WITH SAV-ON DRUG STORE APPLICANT: THE OLSON COMPANY CASE FILE NO. S-2004-7/CUP-2004-17 WHEREAS, application was made for approval of a tentative subdivision map to divide one 3.2 acre property into two lots with a conditional use permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store on property generally described as: Parcel 1 of Parcel Map 12554, in the City of National City, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County on February 8, 1983 as File/Page No. 83-040912, Official Records WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on August 16, 2004 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2004-7/CUP-2004-17 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential component, at a density of 16.3 units/acre, is consistent with the residential use and density of 34.8 units/acre allowed in the General Commercial Zone, and since the existing Sav-on Drug Store is allowed in the CG Zone, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development .will add to and be compatible with the urban character of the area, and since the operation of the existing Sav-on Drug Store will not be affected, and there will be adequate screening and separation between the residential and commercial uses. Also, there are no unusual geologic hazards on -site. 3. The site is physically suitable for the proposed density of development, since the attached three-story units will be located on the property with appropriate setbacks, open space and off-street parking provided, and since an appropriate buffer will be provided between the residential units and Sav-on Drug Store, and the higher density is compatible with nearby shopping and other other multi -family housing. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS r OR APPROVAL OF 1'HE CONDITIOh.AL U RMIT FOR RESIDENTIAL CONDOMINIUMS IN THE - :_ GENERAL COMMERCIAL ZONE 1. That the site for the proposed use is adequate in size and shape, since the somewhat rectangular shaped 1.3 acre property can accommodate development of 21 townhouses at a density consistent with the General Plan, with two -car garages, six on -site guest spaces, private access driveways, and common landscape areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since L Avenue, 8th Street and Plaza Boulevard all have sufficient capacity to absorb the additional 168 residential average daily trips (ADT) without suffering a decrease in service performance. 3. That the proposed use will not have an adverse effect -upon adjacent or abutting properties, since the project design is compatible with the adjacent single-family and commercial development, and since the project will enhance an underutilized property. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new homeownership _ opportunities for moderate and middle income families, allowing for mobility in the housing market. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed slightly reduced side yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from adjacent commercial and residential development while allowing for 21 high quality residential units to be provided with a greater amount of landscaped open space areas than required. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and conditional use permit for 21 condominium townhomes on the vacant, northerly 1.3 acres of the property, which is partially developed with Sav-on Drug Store, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize a two -lot subdivision of a 3.2 acre property, with 21 condominium townhomes on the proposed northerly 1.3 acre lot. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. S-2004-7/CUP-2004-17, dated 7/19/2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. If individual trash service is not available, a trash ent,.tisure shall be provided in accordance with city standards. It shall have a stucco exterior to match the buildings. 4. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of streets, parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 5. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6. A screen wall/fence and gate consistent with City Design Guidelines, shall be constructed along the proposed property line separating the existing Sav-on Drug Store from the proposed residential development. 7. New fire hydrants are required at the eastern and western ends of "Private Street B" in Exhibit A -revised, subject to review, approval and/or modification by the Fire Department. 8. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 9. 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. 10. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenanc., agreement shall be signed and recor4_4, or provisions shall be included in the CC&R's, to the satisfaction of the City Attorney, ensuring maintenance of storm water treatment devices. The checklists for preparation of the grading plan drainage plan and 'Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 11. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 12. A soils engineering report shall be submitted for the Public Works Department's review, after tentative map approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements.' 13. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 14. An existing 20 foot wide drainage easement reserved to the City of National City exists at west side of the property and no building encroachment will be allowed within the easement. The 10' existing sewer easement shall be vacated before the final map is approved. The sewer line shall be relocated and a new easement shall be approved. 15. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 16. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 17. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Public Works Department prior to any work beginning on the project. 18. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 19. The develops shall bond for the monumentation, thL public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the fmal map. 20. All utility distribution facilities within the boundaries of the subdivision, and within the half streets abutting the new subdivision, shall be placed underground. 21. The fmal map shall be recorded prior to issuance of any building permit. 22. All new property line survey monuments shall be set on private property, unless otherwise approved. 23. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 24. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 25. 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. 26. 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. 27. The applicant shall coordinate with Sweetwater Authority (submit an existing street improvement plan and a plumbing plan with a fixture -unit count) to receive an estimate for water services. 28. Before this Tentative Subdivision Map / Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fonn, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map / Conditional Use Pennit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map / 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. 29. Approval of the Tentative Map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code § 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Map. BE IT FURTHER RESOLVED that copies of tliis Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: - - This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2004 by the following vote: AYES: CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTIENLLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: 1n S-2004-7/CUP-2004-17 17 Photographs of townhomes by The Olson Cob.pany TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. S-2003-8/PD-2003-6 Project Location: Northeast corner of National City Boulevard and 30th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Two lot subdivision of a 3.2 acre property, and the development of 21 townhomes on the proposed northerly 1.3 acre lot Applicant Name and Address: The Olson Company 9171 Towne Center Drive Suite 450 San Diego, CA 91950 Telephone Number: (858) 784-6527 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 32, Section 15332 (Infill Development) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposed development occurs on a 1.3 acre site that is currently vacant. The site is located within the boundaries of National City and urbanized area. The project will achieve a number of General Plan policies and it can be seen with certainty that the project will not have an impact (traffic, noise, habitat) on the environment. Date: Andrew Hoskinson, Associate Planner 4tZ Rrrvried Vaner 11, City of National City Fire Department 1243 National City Boulevard., National City, CA 91950-4301 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: June 29, 2004 To: Planning Department From: Jeff Burriss, Deputy Fire Marshal Subject: Condos on L Ave. @ Plaza Blvd. 30 JUN 2004 Am 9:32 Given the distance of the two closest fire hydrants, one on L Ave. and one on Plaza Blvd., there will be another hydrant required at the approximate western and eastern ends of "Private Street B." Since time is of the essence in an emergency response, and the fact that the proposed streets hold the possibility of five turns to get to the innermost condo, it is strongly recommended that residential fire sprinkler systems be considered. Recycled Paper City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR NEW CONDOS ON "L" STREET NORTH OF PLAZA BOULEVERD Date: June 29, 2004 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Acting Director of Public Works/City Engineer Subject: NEW CONDOS ON "L" STREET NORTH OF PLAZA BOULEVARD 1. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 2. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch ® Recycled Paper Planning Department June 29, 2004 Page 2 Class 11 aggregate base. The street pavement sections shall be in accordance; with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 4. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 5. An existing 20 foot wide drainage easement reserved to the City of National City exists at west side of the property and no building encroachment will be allowed within the easement. The sewer 10' existing easement shall be vacated before map is approved. The sewer line shall be relocated and a new easement shall be approved. 6. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 7. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 8. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board A copy of the permit shall be given to the City of National City Public Works Department prior to any work beginning on the project . FINAL MAP REQUIREMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. Planning Department June 29, 2004 Page 3 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. The final map shall be recorded prior to issuance of any building permit. 6. All new property line survey monuments shall be set on private property, unless otherwise approved. 7. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured andcalculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha LCOND REV. 6/04 xc: Din Daneshfar 8 JUL 2004 PN 3:56 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-238 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org July 7, 2004 Mr. Andrew Hoskinson, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 1175 PLAZA BOULEVARD, NATIONAL CITY (A.P.N. 557-250-46-00) CASE NO.: CUP-2004-17 / S-2004-7 SWA DEV. FILE: PLAZA AND L TOWNHOMES Dear Mr. Hoskinson: GOVERNING BOARD JAMES'JIM' DOUD, CHAIR W.D.'BUD' POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS JAMES C. ALKIRE WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to an Application for a Conditional Use Permit and Planned Development for the north portion of the subject property within the Sweetwater Authority's (Authority) service area. There is a 6-inch water main in the east side of L Avenue. The Authority's records indicate that there is one existing remote water service contained in an easement that goes to A.P.N. 557-250-28-00 (copy of service paper attached). There are no existing water services that go with the new parcel. Also enclosed is a copy of 1/4 Sec. 132 map, which shows the existing water facilities. Before an estimate for water facilities can be prepared, the owner will need to submit an existing street improvement plan and plumbing plan (including fixture -unit count) showing proposed service(s) for this project. The plan should also reflect the existing remote water service. Please note that the Authority will not allow separate water services for this size project. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Andrew Hoskinson Re: Water Availability — 1175 Plaza Boulevard, N.C. July 7, 2004 Page 2 of 2 Please note that the Authority requires a ten (10) foot horizontal separation between sewer and water laterals. If the owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 91 p.s.i. to a minimum of 81 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY r Martinez ineering Manager HM:LJE:vIs Enclosures: service paper photocopy of 1/4 Sec. 132 map Pc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Ms. Kimberly Duran The Olson Company 9191 Towne Centre Drive, Suite L-101 San Diego, CA 92122 I:\engr\Dev\Plaza and L Townhomes\Cor\Water Availability It 7-7-04.doc Existing Remote Service #19125 that runs through right-of-way for road and utility purposes. Service goes to APN 557-250-28-00 This map was [lavaboes' 096weetwater for intend Stuastion only. Ins not designed to provide fadnrd detail, and should not be used for any otter purposes vntlmN the egress writtai permission of Sweetwater ArnhcOly. Sweetwater Aut onty - htip/iswanei. Sweetwater oq 505 Garrett Avenue Churn Vida, CA 91912-2325 (619) 420-1413 FAX: (619) 425-7069 Location of water faannes are approximate more accurate�location, water fed on record information. For wbe field -boated. Can USA 01-6004224133 two days prior to excavation The parcel or mad data shown on thus mop is proprietary into -neon. The me antis information is prewar* to sublicense agreement wry. Any resale or miicensirg of this d9ma9en is prohibited, except in accordance with such subticensing agreements. San9IS - hnpJnwsw.sangi s.ag 1010 Second Avenue, Suite 130A San Diego, CA 92101.903 As, A` A 00. 11'IS. Subject Property: 1175 Plaza 1/4 SEC. 132 SCALE: 1 INCH = 200 FEET -11 NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map x Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number S - #- 1 Filing Fee $ S"L Rece Date Received ['o � y E.A.F. Required Fee $ cO Related Cases c2,Q — 7(19.-k — SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION 557-250-46 1175 Plaza Boulevard COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised March, 2003 GC—PD CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: G,REC, od. y /-1, S th Et4 S Name: Signature (Signature ac owledges that this application is being filed) Signature Address: P2d, c r D5(6) Ccwsvc1 tS Address: 70( 6 $n2-re. r S u rri 8Oo Ste' O(Fyo r CA. 92101 Phone No. Co ! 9 -Z3 S--G y7 ( Fax No. 6 19-23`i-0Y35' Date: 5/2 7 /o .anl R.DooweN ,P,E. (Signature acknowledges that this application is being filed) '� r Ro.T cr 'b' SK(N CoNSN L-7» kir S 70r 3 S/F. CET- sut rE goo SA ECjoc r 92i9t Phone No. Co 11 - Z ti71 Fax No. Date: Co IS-23Y-av31 5/ 27(0 5' PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Sav-On Realty, Inc. mm Name: 1witliam H. Arnold Vi resident Signatu Name: (Signature acknowledges that this application is being filed) Address: 250 Parkcenter Blvd. _ _ Boise, ID 1113:72,¢ v• Attn:Iyegal Dept., _ Phone No. 208-395-5886 Fax No. 208-395-6575 Date: w (1) - Gt-( Tentative Parcel/Subdivision Map Application Revised March, 2003 azure (Signature acknowledges that this application is being filed) Address: Phone No. Fax No. Date: APPLICANT Name: Kimberly Duran, representing The Olson Company (Please type or .r - Signature: (Signature fies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9191 Towne Centre Drive, Suite L-101 San Diego, CA 92122 Phone No. Fax No. Date: 858-784-6527 858-455-5197 Tentative Parcel/Subdivision Map Application Revised March, 2003 �O 11111wu runp//d NATIONAL CITY, CALIFORNIA APPLICATION for x Conditional Use Permit C 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 Filing Fee $ PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FORDEPARTMENT USE ONLY C- Case Number ) e - 2-00q - 11 1 -s Recei Npry o, ti Date Received E.A.F. Required Related Cases By Fee $ 0 s ^_ r LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) See attached legal description PROPERTY LOCATION between L Avenue 1175 Plaza Boulevard and No. M Avenue Street COMBINED GENERAL PLAN/ZONING DESIGNATION GC—PD Conditional Use/Planned Development Planned Unit Development Permit Application Revised December, 1998 Paget of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Pennit (Chapter 18.30) to use the above described property for the following purposes: See attached PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Sav-On Realty, Inc. `` I11MI�t Name:,William H. Arnold Name: Vic `Signature; 6 � �llaiure (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 250 Parkcenter Blvd. Address: Boise, ID 83726 Athiaxgal,De Phone No. 208-395-5886 Phone No. Fax No. 208-395-6575 Fax No. Date: (4.— tO _"_'----- Date: *GIV Holdings, LLC ("GIV") is purchasing the property pursuant to a Contract of Sale. Sav-On Realty, Inc. ("Sav-On") has executed this Application in order for GIV to determine whether the Conditional Use Permit can be issued as part of its due diligence. Sav-On's execution of this Application shall not authorize the city of National City, California, to issue a Conditional Use Permit as set forth in this Application until title to the property has been transferred from Sav-On to GIV. Conditional Use/Planned DevelopmentTlanned Unit Development Permit Application Revised December, 1998 Page 2 of4 2`� APPLICANT Name: Kimberly Duran, ,epresenting The Olson Company (Please type o print) Signature: (Signature ce application is true an Address: 2 at the information submitted with this ccurate to the best of the applicant's knowledge). 9191 Towne Centre Drive, Suite L-101 San Diego, CA 92122 Phone No. 858-784-6527 Fax No. 858-455-5197 Date: 512 6 / 0 4 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 13 AGENDA ITEM NO. / ITEM TITLE Continued Public Hearing — Planned Development Permit for a Second Residential Unit on a 10,500 Square Foot Property at 1937 Lanoitan Avenue (Applicant: Felipe Ruelas) (Case File No.: PD-2003-3) PREPARED BY EXPLANATION City Council considered this project at a public hearing August 17, 2004, at which time the owner of a property (1945 Lanoitan Avenue) adjacent to the project site spoke about the condition of the site. After considering the staff recommendation to continue the item for correction of Code violations and information from the public testimony, Council continued the public hearing to this meeting to allow City staff to inspect the property and to allow the applicant time to resolve some of the outstanding Code issues. Council also directed staff to inspect the adjacent property at 1945 Lanoitan Avenue. DEPARTMENT EXT. Roger Pos't, 336-4310 Planning Environmental Review N/A MIS Approval X Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Vote: Ayes- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds AadATTACHME TS ( Listed Below ) 1. Background Report 2. Previous City Council Report dated August 17, 2004 with attachments Absent- Saludares, Baca, Resolution No. A-200 (Rev. 7/03) BACKGROUND REPORT On August 24, 2004 City staff, including personnel from the Planning, Building and Safety and Engineering Departments, inspected the project site. Staff documented the following violations: • the presence of an illegally constructed patio structure • use of a travel trailer as a residence • presence of two unregistered vehicles and the aforementioned travel trailer parked on unpaved surfaces • an accumulation of trash and debris throughout the property • the on -going construction of a front yard fence exceeding maximum height restrictions. As of re -inspection September 8, 2004, the applicant, Mr. Ruelas, had made considerable progress in resolving the most severe of the noted Code violations. For example, he has demolished the patio structure, removed the cars, ceased the use of the trailer as a residence and reduced the height of the fence in the front yard consistent with height restrictions. Mr. Ruelas indicated that he will work to correct the remaining more minor violations too. On September 8, 2004 City staff inspected the adjacent property at 1945 Lanoitan Avenue. Staff observed the following Code violations: • the presence of an illegally constructed shed within the side yard setback area • the presence of an illegally constructed carport within the front yard setback area • an accumulation of debris/junk in the rear yard • a car and small utility trailer parked on unpaved surfaces. At the August 17, 2004 meeting Council also discussed the proposed parking. As noted in the previous Council report, the Land Use Code parking requirements will be met; a two -car carport will be built for the occupants of the existing house, and a one -car carport and surface space will be provided for those in the proposed house. The Building and Safety Department verified that the existing house once had a one -car garage that has been legally converted into living area. Also, the attached project plans show that there is sufficient room to provide a two -car garage for each house. The previous Council report with attachments, such as the Planning Commission resolution with recommended findings and conditions, is included with this report. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 17, 2004 AGENDA ITEM NO. PREPARED BY EXPLANATION City Council set this item for hearing at the July 17, 2004 meeting. The attached background report describes the project proposal in detail. ITEM TITLE Public Hearing — Planned Development Permit for a Second Residential Unit on a 10,500 Square Foot Property at 1937gLanoitan Avenue (Applicant: Felipe Ruelas) (Case File No.: PD-2003-3) Roger Past -4310. DEPARTMENT Planning EXT. ( Environmental Review X NSA Categorical Exemption MIS Approval Financial Statement N/A Approved By; Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the item be continued to the meeting of September 21, 2004 in order for the applicant to correct outstanding code issues. BOARD / COMMISSION RECOMMENDATION 111he Planning Commission approved the Planned Development Permit. Vote: Ayes- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds Alavarado Absent- Saludares, Baca, r ATTACHMENTS ( Listed Below ) 1. Background Report 2. Planning Commission Resolution No. 20-2004 with recommended findings and conditions 3. Location Map Resolution No. 5. Notice of Exemption 6. Site photographs 7. Application 8. Applicant's Plans (Exhibit A -revised A-200 (Rev. BACKGROUND REPORT The project site is 1937 Lanoitan Avenue, a 10,500 square foot property on the east side of Lanoitan Avenue, approximately 50 feet north of 20th Street in the Single -Family Residential Extendable -Planned Development (RS-3-PD) Zone. The rectangular lot has 66 feet of frontage on Lanoitan Avenue and is about 159 feet deep; it slopes up moderately from the street to the rear of the property. There is an existing single -story, 2,000 square foot house on the front of the lot (see the attached site photographs). The applicant/owner resides in the house with his family. The house has a stucco exterior and hip roof with asphalt shingles; it is in fair condition. There is no garage or carport, but two surface parking spaces are adjacent to the rear of the house; the spaces are accessed by a 12 foot wide driveway that runs along the south property line. There is also one parking space in front of the house in the front yard setback area. Finally, there is a partially constructed wall in the front yard with columns that exceed the maximum height allowed. The property is located in a predominantly single-family neighborhood, with several duplexes located south of the site. Most of the immediate area is either zoned RS-3-PD or Single -Family Residential (RS- 2). The applicant/property owner is proposing to build a second detached single-family dwelling on the rear of the lot behind the existing house. The new house would be two -stories (22 feet) tall with four bedrooms and three bathrooms, and have a total of 1,800 square feet of floor area. A stucco exterior and gable roof with asphalt shingles are proposed. The new house would be separated from the existing house by about 37 feet; it would be setback from the north property line by five feet and the rear (east) property line by 12 feet. The proposal also includes a one -car carport on the south side of the house; an uncovered surface parking space would also be provided between the new house and the carport. Finally, the side and rear yard areas adjacent the new house would be landscaped, and the front yard area, abutting Lanoitan Avenue, would also be re -landscaped. The landscaping would consist of a mix of trees, shrubs, and grass. The proposal is consistent with Housing Element objectives for the development of new housing opportunities for all income groups. Regional demand and objectives in the Housing Element call for more housing development than has occurred in recent years. Additionally, the proposed four -bedroom house will be suitable for larger families as encouraged by the General Plan. The proposal will not increase the number of home ownership opportunities in the City. Staff asked the applicant about his intended use of the new house, and whether he had considered dividing the property into two lots. He stated that he and his immediate family will continue to reside in the existing house, and that he will likely rent the new house to family members; he does not desire to divide the property. The suitability of the lot to be split into two is not optimal, since the rear lot would not have street frontage or alley access, and since there is a somewhat narrow driveway for access to the property. The proposal meets applicable Land Use Code requirements, such as setbacks, separation between buildings, number of off-street parking spaces, and open space (yard areas). For example, the Land Use Code requires two off-street parking spaces for each single-family house; one of the two spaces needs to either be in a carport or a garage. Often times with discretionary permits, a two -car garage is required for each house. As previously mentioned, there is an existing parking space in the front yard that is prohibited and the front wall under construction may exceed height limits. Conditions requiring the illegal parking space be removed and the columns of the wall in the front yard be modified to comply with height limits have been included. Additionally, there is a trailer and small motorhome stored in the rear yard area. The Building and Safety Department is continuing to pursue a complaint about a person living in the trailer. Staff has repeatedly requested that the applicant correct these Code violations over the past several months. Despite this effort the condition of the property has gotten worse; as of the writing of this report there were several cars stored in the rear yard in addition to the to the motorhome and trailer. The proposal meets most City Design Guidelines as well. In particular, the guidelines encourage the design of the second house to be compatible with the existing development, and for the existing development to be upgraded if needed. The new house would have a stucco finish with an asphalt shingle roof like the existing house, and the windows in both houses will be similar. A condition has been included requiring the roof pitch of the new house to match the pitch of the roof on the existing house. Also, the applicant has agreed to construct a new two -car carport adjacent the rear of the existing house; a condition requiring this has been attached. In addition to the previously mentioned conditions, a condition requiring a residential fire sprinter system has been included as suggested by the Fire Department. Engineering Department conditions requiring the small existing retaining wall at the rear of the existing house to be rebuilt, and a grading/drainage plan prepared are also included with the standard conditions of approval. Planning Commission held public hearings on this item at the May 17th and June 21, 2004 meetings. At the May 17th meeting, several members of the public expressed concerns about the condition of the property and the lack of available street parking in the area. The Planning Commission confirmed that the proposed development meets the off-street parking requirements, and discussed the condition of a property line fence, concluding that the possible replacement of the fence is a private matter between the two property owners. Finally, Commissioners considered the adequacy of Fire Department access to the rear house and questioned the need for maintenance of the fire sprinkler system required by the Fire Department. Commissioners continued the public hearing to the June 21, 2004 meeting to allow the Fire Department to comment on the site access and for the applicant to modify the plans to include a larger access driveway if needed. In between meetings, Planning staff met with and discussed the proposal in detail with the Fire Department. The attached message from the Deputy Fire Marshal, Jeff Burriss, notes that if the driveway were widened the Fire Department would still not use it because it is a small residential property; they would still fight a fire in the rear house from the street. He also notes that contemporary residential fire sprinkler systems are effective and require no maintenance. The Engineering Department confirmed that the retaining wall on the middle of the property was built without permits; however, they also noted that after the wall was constructed the applicant had it certified by a Registered Civil Engineer in order to satisfy City requirements. At the June 2151 meeting, the Commissioners concluded that the proposal will positively affect the overall property condition. Additionally, Commissioners discussed a Fire Department recommendation for a residential fire sprinkler system for the proposed house. Commissioners approved the Planned Development Permit finding that the site is large enough to accommodate the additional house, which will be suitable for larger families to occupy, as encouraged by the General Plan. RESOLUTION NO. 20-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT ON A 10,500 SQUARE FOOT PROPERTY AT 1937 LANOITAN AVENUE APPLICANT: FELIPE RUELAS CASE FILE NO. PD-2003-3 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit for a second residential unit at a 10,500 square foot property at 1937 Lanoitan Avenue at a duly advertised public hearing held on May 17, 2004 and continued to the meeting of June 21, 2004, 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. PD-2003-3, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 17, 2004 and continued to the meeting of June 21, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and 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 proposed house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, and since the new house is similar to existing development in the area. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will result in an increase in the housing stock in the City and region consistent with Housing Element objectives, which call for more housing and region consistent with Housing Element objectives, which call for more housing development than has occurred in recent years. Also, the proposed development will be suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a second residential unit on the rear of a lot with an existing single-family house. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. PD-2003-3, dated 3/29/2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shall be modified to comply with the height limits in Title 18 of the National City Municipal Code. 5 The pitch of the roof on the new house shall match the pitch of the roof on the existing house on the property. 6. A two -car carport shall be built adjacent the rear of the existing house. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with a duration of two hours measured at 20 psi shall be provided. 10. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 11. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 12. 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. 13. 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 and street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. 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. 17. 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 proposd. project. 18. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are =3inding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 21, 2004, by the following vote: AYES: PRUITT, CARRILLO, FLORES, MARTINELLI, REYNOLDS, GRAHAM. NAYS: ABSENT: SALUDARES, ALVARADO, BACA ABSTAIN: CHAIRMAN PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Additional unit behind the house at 1937 Lanoitan Avenue PD-2003-3 NATIONAL CITY PLANNING DRN. DATE: 5/5/04 INITIAL HEARING: 5/17/04 City oT National City Department of Public Works 1243 National City Blvd., National City, CA`91 (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 ti. ADO 0 4 ENGINEERING REQUIREMENTS NEW HOUSE AT 1937 LANOITAN Date: July 30, 2003 To: Andrew Hoskinson, Planning Department 'NN?A,1L ern' r:+A l'MENT From: Charles Nissley, Civil Engineering Tech Via: Stephen M. Kirkpatrick, Acting Director of Public Works/Engineering Subject: NEW HOUSE AT 1937 LANOITAN AVENUE 1. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A checklist for preparation of the grading and drainage plan is available at the Engineering Department. 2. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 3. 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. Recycled Paver Planning Department July 30, 2003 Page 2 4. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. 5. Other miscellaneous requirements: The recently constructed retaining wall was built without a permit. The wall shall be properly permitted or removed. AL: 1937 Andrew Hoskinson From: Sent: To: Subject: Jeff Burriss Friday, June'04, 2004 4:04 PM Andrew Hoskinson 1937 S. Lanoitan Ave. Re: Our discussion of this project. A residential fire sprinkler system at this home will provide the fire department extra time to get in place to extinguish a fire if it has not already been put out by the sprinkler system. These systems, as currently installed, can last almost indefinitely with no maintenance. As far as widening the driveway to 20 feet to accommodate a 40,000 pound fire truck, that seems like overkill. We would not commit a fire engine to such a residential driveway in the first place. Also, there is no place for us to turn around if we could get in. If there are any further explanations necessary on this project, please let me know. Jeff C►TY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: July 18, 2003 TO: Charley Marchesano, Associate Planner FROM: Donald Condon, Acting Fire Chief SUBJECT: Case File No: DP-2003-3 Construct a Signal Family Home on a lot at 1937 Lanoitan Avenue Comments and Recommendations: 1) Residential Automatic Fire Sprinkler system will be required due to access. 2) 1,000 gallon permit minute fire flow with a two-hour duration measured at 20 psi. 3) Separate plans and permits will be required for the fire sprinkler system. Plans to be submitted to the Fire Department. SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwatecorg July 18, 2003 Mr. Charley Marchesano, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 1937 SOUTH LANOITAN AVENUE, NATIONAL CITY A.P.N. 558-250-52-00 CASE NO.: PD 2003-3 SWA GEN. FILE: WATER AVAILABILITY 2003 Dear Mr. Marchesano: GOVERNING BOARD JAMES'JIM' DOUD, CHAIR W.D.'BUD" POCKLINGTON, VICE CHAIR - R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH J.S.'SKr WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY This letter is in response to an Application for Planned Development Permit for the subject property, within the Authority's service area. There is a 20-inch water main located in Lanoitan Avenue. The Authority's records indicate that there is one existing 3/-inch copper service that may not be adequate to serve .both homes. The Owner will need to submit exact fixture unit counts for the new and existing construction before service size(s) can be determined. Enclosed is a copy of 1/4 SEC. 107 map, which shows the existing water facilities. At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a ten -foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Mr. Charley Marchesano Re: Water Availability — 1937 S. Lanoitan Ave., N.C. July 18, 2003 Page two If the Owner provides the required fire flow information and enters into an agreement with the Authority for water facility improvements, if required, water service can be obtained at a pressure ranging from a maximum of 57 p.s.i. to a minimum of 47 p.s.i. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Deputy Chief Engineer HM:LJE:vls Enclosure: photocopy of 1/4 SEC. 107 map Pc: Mr. Don Condon National City Fire Department 333 E. 16th Street National City, CA 91950 Mr. Felipe Ruelas and Ms. Martha Cruz 1937 S. Lanoitan Avenue National City, CA 91950 I:\engr\Gen\W ater Avai lab i I ity\la noitan_1937.doc 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: Case File No. PD-2003-3 Project Location: 1937 Lanoitan Avenue, National City, CA 91950 Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Proposed construction of a second dwelling on the rear portion of a lot with an existing single- family house. Applicant Name and Address: Felipe Ruelas 1937 Lanoitan Avenue National City, CA 91950 Telephone Number: Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 3, Section 15303 (New construction or conversion of small structures) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no probability that the project will have a significant effect on the environment, since the project site is a 10,500 square foot lot in National City, an urbanized area, and one house will be constructed, for a total of two on the one property. Date: Andrew Hoskinson, Associate Planner lnA1 Rrrvrletl Pane Site Photographs View of the front of the existing house from the west. View along the driveway to the rear yard area from the west. APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit X NATIONAL CITY, CALIFORNIA Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 Case Number PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEP TMENT USE ONLY D —)27O3_3 Filing Fee $ Receipfl. Date Received 0 By (WWjj �n14 // E.A.F. Required er Fee $ l�(A Related Cases 13 J/\ LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) it l_ B F 7//E U,0 57g.. R4/ 4n/n -rwe: We-67'6,i'Ly / 0-7- aF 7//6 1-19eF 0 Zvi o;6/ e Lrti=co< rJ levees <j/L+AiE X NV 6v7//C c/7y i P /197/eW1c cr7-y,r CorrnlTy of ,54-41 ®/E o. 67-.17E" v< c. t«arPnrrq + 4cCc or/r/ Tr-d 7H'; 6. of /i' • /74+/0/ F/cc P7 //U THE !9�/=/cE dF THG , CoiPDC.C° /i +-_ .SAa/ L)i6C)d ren/4/7V i # E43.V//ry.Qif• ,7 / .2,q parc . /lio SSJ' SlJ 5 PROPERTY LOCATION /93 ,S4 VA. L4/UD ¢�AttJ 9y� /U c No. Street between 6 (fr/ / C,reviy and /d�� d 7/,4 COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: 04/9 ecam' 7)eve%,:nele 7—an?/ PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: P,er '4,aJ Name: o�?g eyi/ �� Signature ,-�-�� y n ,P �, Signature �tu.Gi� (Signature ackriowledges that this (Signature acknowledges tat this application is being filed) application is being. filed) Address:./73) 5'orv,.4 Clogf7iifj Address: /I P%. /!/rci 7/fV Phone No. 9y �sy� Fax No. Date: Phone No. Fax No. Date: oy- aJ Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: f e / (Please type or print) Le 2 Signature:o.I (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: / 93 Say q 61/0 9:7- /1/ 76- Phone No. 4.' 9 .') 9 '71".. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 �)I shaveheiN• or 4155o825112 .1161 *X. 4AR. 14••T 6,64o N. -44 144444.14[/ I i• •••• r•PVT,.11•••••• Oannr* .400.1•1N PAL W .E41.5rD2rc•fl. 2.•• __•••••_•rzeT •Ltra•••••_ 44.44 LeklOITAti AVE-. - —PLOT"- PLAN _NiaLow WINDOWS AND DOORS SIZE TM QT 0 e ta'' 4•42,0,44244 a•COZ ‘i 0 r 0 a 4 Z C> P• 5 146.rea•66 2h.466.. I 0 9 66 h h I 0 4° 60 •SLinim• 04145.4 0474Z tt, I 0 5° 4° 4.4 4/woe:Nu PAL 41055 4 5 e 55. flAdD W160•/ 55.L 654" 1••••••• 1 qi) 2° 4° Ka W1410.4.4j Ow. 4•55% 4 co 4.), .4 • 11 u 2 TO 00 li a wipalia C> is° 4' ' K 0 W1.46626.4 -pWMBING & MFCHANICAl L. NOM M. Sushi:WM.6 Oa Per Set) B. Shaw Mai to haven,. 35 GM lbw DM 2 2 SIN on turrets 3. 'Me OAR haw mh. 1.5. donna. nom sides end 24' of hoot elearance 4. SIM health and sal* oxie (SEC.17921.9) tare the um ce clin••• LoW1•11 &kakis (CVO kr 10srlor water apt* 5 104201.15.• 20,606/2011 thic•I, 1061 CM, 97 11BC, UMC, WC. and NEC 20(31 6. Pechrorlint sworn bm00a00007b0 16106461 WM ail new Mae Whs. 4.•Ohout.ase•611 _400002°4- (?) 14.•• 5-00s 14.4144•15•45• 44/1•55,- - _241.11•40:544444 Ingtle./V2 dr112_A•• V0,11, . . C1-5515ral NOTFO- 1. Nal DOWN., gals, WI IMS rear plan 414•141•1(CE 000e414 fame_ ritari virarje.,25L540. 310.9 OMER: FELIPE i naw••• euel-os mouss 19 47 • Ltd-min5/1 st,VP . E•STING RESIDIM. 20054 S.F. PROPOSED ADIE•01,11- 4.61.6 -110-.-_ LOT Bar 104q• LEG4.1300C. L012u 1•14.•1 c.Iref 61.1- I., 61,6 2S.J. --_-3V-C.01-1D FLOOR. PLAN V-P-/ • O WN. JOAO'S. 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NAL4NCYY0EAA N4W+C11TLA9 W CYTEav COALE CRO< 1 WA&ryACTON.w;p9)A Y1NN▪ XI 1 0)1*1 4LOWR4 'HA[N1NRIMIE 1%Ce115IA a. !WLMa 4'ASNI.w41IXGAWBJSTA RJIN nna 40 EA FC060ENW101A VSMXS a GUAVA s 45 GUAVA E' GUAVA CO EXISTING SHRUBS 415144E6 laltr'LI 14 LLREI.Y THA1'NE 0NTNO 110588N 01MW51A 1<AN0e0 I)4i44MG! 1AVIHBAN)0E0A0L:NM1 0'NALL 90FlCL AIXONHCH00 9PULW )^I MESA i1Ee5BE1CNE0J,5HW4A1EC4'CUna NOSE MIA1 00.A541,t1FA PaCC NOSE ROSE ELHx1EM4 4,04iIILIS MMUS x11wLmi5A CE010M1 .NMNM4 L:MARCO YTANA NO4B9 1. A,v5wuaLoROLNDCOnEX ANEA9 T)OLLEIVES Darin Anna:9© OA054411 C +. ALL Anv1NP:4AI Agena+O macaw.nM'pu10405100PA08C 1CNMOMNNN*ADE 9ALLES 0401E ALL i1N09:51ENIFAB AVM' 4,4 4BOl01EX6A11Y1'(F FYEFEPA11W,4Jn1. 1. N1FIYJNL I1A0TN4MEIS t,r2 UANOE XT. P xJ10p1Lrwn Ears Anal V'v'S. s LEI IHTUOANEt$$WEL AE IAng11E0LY2N4N E11:i"atNLYOPE?A:E04EW1E CONTPOLLED.. V110ON1,IpOM0 ACED. OV0111FA0 SPRAY I10440r:Ox STEM ALL ...LLCM AREAS 1D REVIVE 1365gp4rlryyb.V40. a. A11. PInm1Y Aran AILAC,E0 Ant.SWE10FN40RAIWTJ Ai AWFE4M1vD 050414anaa CONOT0N, .Acc a•CAAMeran M14oISpOLA9 Ov1E1nE neCrpALL ` J1S1 I W7 - 9 rfj\ Nr W1EETMEEN Z IT444411nNOIlananALVBePaartf ✓AW.LL91. 1O PRevAJNb al d4EE1,CARr,P1.4Nr4Le eee:l en Ara cc- •a-1e A6%1L1P.M1 TAO.1+P BUY[R. .A' .1:O11,YAT[12EA91M1 .nt.:NOEr1NPERR.ANa a:ATLI:R 1000 AMEIW8G0400FILL ^eE1BJI1..P[PC[: 1• WAv R 119 1.4N'9 1E1Y6el4LLLe. y� RMart IJx00A. 54 10T) OJul TREE PLANTINv um 9A4. r NO+P+ EE9 ZX'B0A51ZC nx0 LAwces VEE rno Y*wcs. OCR 19$AL$Ze.U0EOME 516504 G▪ 91•ION540ON M0CRAxp 5101E o r*Ree 0•DIA1t!CM1 mar smut 150B gRrMtth5E0'LT9OLX 51N4NP1ry0AIALVN 01,1141Lnlank5.wr&nee>. cLASCCIARATa n0^ER mem CMPONre LUGS OF NC RCCYALL 4.EPM41.CNAMAYFAOM —.. CNOIIN en9NN:B 9M N YULCN MP*E 1ATE! B AEN 4*15..AIAR BASIN — C1PTUPERRAM1 1MI2H*RAnE rRTL.IZERTAEl �. AMZNOE0Bh;k1LL MIX [n.9GLL REPORT. IL00400019ALLd: N4n..E011B0MAOE NORTH SHRUB PLANTING, SCALE: 1"=10' 0 ry ID b4Po1C SCALA MEET PRELIMINARY LANDSCAPE PLAN NOT FOR CONSTRUCTION osAcrintatncact PUMA uwuAPCAROlRcrvx atm VaMGYPMR,e1E MO Plum Ie101513480 Mi0011136 PRl�}N UA'E DRAWN 61,1 5ME1NE0 — —._. 6055E 1'. 10' . 1Dn1Fn ..of.cea ._ m PLON,e LL19TMAx 14 T96 I1 lsn REb0C5OPRIx-. R1SLGC 9uL[AUg501lSLY City of National City, California COUNCIL AGENDA STATEMENT September 21, 2004 ,FETING DATE 14 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with the San Diego Unified Port District for the installation and maintenance of way finding signage in the city of right of way PREPARED BY Charles Nissley EXPLANATION 336-4396 DEPARTMENT Public Works/Engineering The San Diego Unified Port District is requesting an Encroachment Agreement with the City of National City to install way finding signage (Exhibit A) in the city right-of-way on Bay Marina Drive East of Tidelands Avenue (Exhibit B). The San Diego Unified Port District has submitted a copy of their liability insurance with the City of National City named as additionally insured (Exhibit C). The Way Finding Signage will be visible from Interstate 5 and will assist visitors in locating port operated facilities within the City of National City. CEnvironmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below) Resolution No. 1.Resolution 2. Encroachment Agreement portdist A-200 (9;99) RESOLUTION NO. 2004 —182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE INSTALLATION AND MAINTENANCE OF WAY FINDING SIGNAGE IN THE CITY'S RIGHT-OF-WAY WHEREAS, the San Diego Unified Port District has requested an encroachment agreement with the City to allow for the installation and maintenance of way finding signage in the City's right-of-way at Bay Marina Drive east of Tidelands Avenue and; and WHEREAS, the way finding signage will be visible from Interstate 5 and will assist visitors in locating Port -operated facilities within the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with the San Diego Unified Port District for the installation and maintenance of way finding signage in the City right-of-way at Bay Marina Drive east of Tidelands Avenue. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney (5) San Diego Unified Port District , 47752 Document Na. Filed Office of the District Clerk FEE: $200.00 ENCROACHMENT PERMIT AND AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, SAN DIEGO UNIFIED PORT DISTRICT (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. f ORIGINAL a• 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attomeys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 2 47752 . 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: AUG 19 2004 PORT ATTORNEY OEPUTY PORT ATTORNEY KELLY FALK Person in Responsible Charge (Print Name) OWNER/APPLICANT Signature E. Daniel Strum Director, Real Estate E. DANIEL STRUM Printed Name P.O. Box 120488 San Diego, CA 92112-0488 (619) 686-6455 Mailing Address 24 hr. Phone Number SAN DIEGO UNIFIED PORT DISTRICT (619) 686-6291 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 Plat showing location of building or other structures, easements or right-of-way and sewer and/or drainage facilities: SEE EXHIBIT "B" ATTACHED 3 47752 5"x 4' X 1/4" THICK ALUMINUM SIGN BANNER, SEE DETAIL t Port 1-1-Maintenance ITFacility (9arine E 1 fermincl 'r'epper Park Moat Lcunc INN 1 IJCisning Pier 11" DIA x 1/8" THICK POWDER COATED ALUMINUM PORT DISTRICT LOGO PANEL - BLACK BACKGROUND WITH REFLECTIVE WHITE VINYL PORT DISTRICT FLAGS LOGO. (TYPICAL) 1/8' THICK GALVANIZED STEEL PLATE POLE CAP WELDED TO POLE WITH 2' DIAMETER ALUMINUM PIPE THREADED AND BOLTED TO POLE CAP. ALUMINUM PIPE TO BE BLACK POWDER COATED - STEEL CAP TO BE FINISHED TO MATCH POLE 4'X3' TOP SIGN PANEL 1/2' THICK ALUMINUM SIGN PANEL BRACKETS, SEE MOUNTING DETAIL AND 7' WNTE ARROW ON 9" SO PANTONE 172 CVC (ORANGE) BACKGROUND 5'X3' BOTTOM SIGN PANEL 6' NOMINAL DIAMETER SCHEDULE 40 GALVANIZED STEEL POLE- ACID ETCH, PRIME WITH ZINC RICH PRIMER FINISH WITH 2 COATS OF BLACK SYNTHETIC EXTERIOR ENAMEL (GLOSS TO MATCH BLACK POWDER COATED ALUMINUM LOGO PANEL) GALVANIZED STEEL COVER - FINISH TO MATCH POLE SEE FOOTING DETAIL SIGN POST ELEVATION SCALE: NONE WHITE LETTERING ON PANTONE 172 CVC (ORANGE) COLOR PORT DISTRICT L000: LETTER STYLE, SIZE AND SPACING SHALL CONFORM AS SHOWN, BOTH FLAGS AND LETTERS SHALL BE WHITE IN COLOR. (TIP) SEE NOTE 2 ON SHEET 1 EXHIBIT A NATIONAL CITY WAY FINDING SIGNAGE 0 0. RT 41) NORTH Location: V50 ‘,• LOCATION PLAN - SIGN V503 AT BAY MARINA DRIVE SCALE: 1"=200' EXHIBIT B NATIONAL CITY WAY FINDING SIGNAGE 47752 5 (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On t 1 before me, Cynthia F. Holder , personally appeared F. Daniel Strum , personally known to me (of to be the person($ whose name(s) Care subscribed to the within instrument and acknowledged to me that/they executed the same in(/her/their authorized capacity(ies), and that by it -heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. V WITNESS my hand and official seal. 3 Signature e 0,413lA&i Cynthia E. Holder, Notary Public r CYNTHIA E HOLDER NOTARY PUBL Cj ALIIFFOR A o SAN DIEGO COUNTY 0 My Commission Expires " NOVEMBER 2, 2006 This acknowledgement is attached to a 5 page Encroachment Permit & Agreement with The City of National City, dated 19 August 2004. Revised 6/17/02 — Records#12683 DATE(MM DD/Y() 08/23/04 PRODUCER Aon Risk Services, Inc of Washington 1420 Fifth Avenue Suite 1200 Seattle WA 98101-4030 USA PHONE •(206) 749-4800 FAX-(206) 749-4860 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED San Diego Unified Port District Port Administration Building 3165 Pacific Highway San Diego CA 92101-1128 USA INSURER A: Lexington Insurance Company INSURER B: INSURER C: INSURER. D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM\DD\YY) POLICY EXPIRATION DATE(MMKDD\YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR GENT AGGREGATE LIMIT APPLES PER: I-1 PRO - POLICY JECF LOC EACH OCCURRENCE FIRE DAMAGE(Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY IMMO 11111 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY ( Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG A EXCESS LIABILITY • OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION ARsCAPA0080204 EXCESS Liability CAPA 05/20/04 OS/20/05 EACH OCCURRENCE S1,000,000 AGGREGATE $1,000,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTION OF OPERATIONS/J GCATIONSNEH CLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Self Insured first $1,000,000. Encroachment permit and agreement. City of National City 1243 National City Blvd. National City CA 91950 USA WC STATU- I OTH- TORY LIMITS ER EL EACH ACCIDENT EL DISEASE -POLICY LIMIT E.L DISEASE -EA EMPLOYEE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Holder Identifier : 570010811704 Certificate No : EXHIBIT "C" City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 21, 2004 AGENDA ITEM NO. 15 %ITEM TITLE A Resolution of the City Council of the City of National City approving a professional services change order with Katz Architecture in the amount of $20,000 due to expenses incurred in the contractor outreach program implemented during project construction bidding process of the Fire Station PREPARED BY Stephen Kirkpatrick DEPARTMENT 336-4383 EXPLANATION See attached explanation. Public Works/Engineering CEnvironmental Review N/A Financial Statement Approved By: Financ Directo $20,000 is available in project account number 250-409-500-598-1588 for this change order Account No. STAFF RECOMMENDATION Adopt the resolution approving cnumber four with Katz Architecture. L BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Katz Architecture Contract Change Order Number Four A-200 (9 99) Explanation: Katz Architecture is the architectural firm hired by the City to design and perform construction administration services for the Fire Station Construction project. In the original contract with Katz, we estimated reimbursable expenses to be a not to exceed amount of $5,000. A component of the reimbursable expenses was plan and specification printing and binding costs associated with the design, review, and approval processing. During the bidding process an extensive contractor outreach program was implemented. The goal was to get as many contractors and subcontractors to bid on the project as possible, particularly focusing on outreaching to National City contractors and material suppliers. A set of plans for this project cost $200 to print. Normally we would require a contractor interested in bidding on the project to purchase a set of plans. Most of the big contractor and subcontractors can easily absorb this cost, but $200 often times cannot be absorbed by firms that we were outreaching to bid on this project. Selling the plans seemed contradictory to the goals established through the outreach program so it was decided that each interested contractor would leave a $200 deposit for a set of plans and specifications. The deposit was refundable to each plan holder that returned the plans within ten days after the bid opening in reasonable condition for re -use. Close to 100 sets of plans were returned to the City and the deposit checks were returned the contractors, subcontractors, and suppliers. However, the expense for printing still existed and Katz Architecture had in their contract to cover printing expenses as a reimbursable and so they were billed by the printing company. But at the time the contract was negotiated we did not foresee the impacts to printing of the outreach program we implemented. This change order increases the reimbursable amount of the Katz contract to cover these printing costs. RESOLUTION NO. 2004 —183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PROFESSIONAL SERVICES CHANGE ORDER WITH KATZ ARCHITECTURE IN THE AMOUNT OF $20,000 DUE TO EXPENSES INCURRED IN THE CONTRACTOR OUTREACH PROGRAM IMPLEMENTED DURING PROJECT CONSTRUCTION BIDDING PROCESS OF THE FIRE STATION WHEREAS, the City entered into an agreement with Katz Architecture to perform design and construct administrative services for the Fire Station Construction Project; and WHEREAS, a component of the agreement was the payment to Katz Architecture of reimbursable expenses, not to exceed $5000, to produce plans for potential contractors and subcontractors as part of the City's outreach program for the Project; and WHEREAS, the amount for reimbursable expenses must be increased by $20,000 to cover unforeseen additional costs incurred in producing plans to implement the outreach program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a change order with Katz Architecture in the amount of $20,000. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney CHANGE ORDER NUMBER 004 TO: Mr. Jeff Katz Jeff Katz Architecture 7290 Navajo Road, Suite 106 San Diego, California 92119 RIGINAL DATE: September 21, 2004 PROJECT: National City Fire Department Headquarters, Station 34 DESCRIPTION OF CHANGE: This change order increases the reimbursable expenses allowed in the Fire Station Design contract with Katz Architecture by $20,000 from $5,000 to $25,000. DISCUSSION: During the bidding process an extensive contractor outreach program was implemented. The goal was to get as many contractors and subcontractors to bid on the project as possible, particularly focusing on outreaching to National City contractors and material suppliers. A set of plans for this project cost $200 to print. Normally we would require a contractor interested in bidding on the project to purchase a set of plans. Most of the big contractor and subcontractors can easily absorb this cost, but $200 often times cannot be absorbed by firms that we were outreaching to bid on this project. Selling the plans seemed contradictory to the goals established through the outreach program so it was decided that each interested contractor would leave a $200 deposit for a set of plans and specifications. The deposit was refundable to each plan holder that returned the plans within ten days after the bid opening in reasonable condition for re -use. Close to 100 sets of plans were returned to the City and the deposit checks were returned the contractors, subcontractors, and suppliers. However the expense for printing still existed and Katz Architecture had in their contract to cover printing expenses as a reimbursable and so they were billed by the printing company. But at the time the contract was negotiated we did not foresee the impacts to printing of the outreach program we implemented. This change order increases the reimbursable amount of the Katz contract to cover these printing costs. CONTRACT ADJUSTMENT: As a result of this change order: 1. The contract price is increased in the total amount of $20,000 from the current contract price of $684,250 to a new contract price of $704,250. 2. The contract time is unchanged. CHANGE ORDER NUMBER 004 APPROVED BY: Stephen M. Kirkpatrick, Acting Director Date Public Works/Engineering Jeff Katz, Principal Date Jeff Katz Architecture Nick Inzunza Date Mayor of National City National City Council Resolution Number Jeff Katz Architecture June 22, 2004 Mr. Stephen M. Kirkpatrick Director of Public Works/Engineering The City of National City Department of Public Works 1243 National City Boulevard National City, CA 91950 RE: Architectural Services National City Main Fire Station Additional Services Fee Proposal - Reimbursable Expenses Dear Steve: Our original contract included reimbursable expenses not to exceed $5,000. Due to extensive printing costs which were not anticipated or included in the original proposal the reimbursable costs will exceed the original amount. I hereby request that you increase the contract amount tocover the additional reimbursable expenses. The amount of the contract increase for these expenses is Twenty Thousand Dollars ($20,000.00), bringing the total amount for reimbursable expenses to $25,000. I am available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 698-9177. Jeff Katz, AIA Principal 7290 Navajo Road, Suite 106 • San Diego, California 92119 (619) 698-9177 • Fax (619) 698-9178 City of National City, California COUNCIL AGENDA STATEMENT +EETING DATE September 21, 2004 16 AGENDA ITEM NO. ITEM TITLE A Resolution of the City Council of National City approving an agreement with Jones and Madhavan Architecture Engineering for $95,000 to provide architecturalservices for the National City Municipal Swimming Pool facility renovation project Din Daneshfar Public Works/Engineering PREPARED BY 336-4387 DEPARTMENT EXPLANATION See attached explanation. Environmental Review (-Financial Statement N/A Approved By The amount for the Contract Agreement is $95,000. Funding is available through Account No. 243-409-500-598-4097. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2. Three Proposed Contract Agreements A-200 (9,99) RE: A Resolution of the City Council of National City approving an agreement with Jones and Madhavan Architecture Engineering for $95,000 to provide architectural services for the National City Municipal Swimming Pool facility renovation project. On February 22, 2000, a contract was awarded to Jones and Madhavan Architecture Engineering to develop a Master Plan for the upgrade/maintenance of the National City Municipal Swimming Pool. On November 29, 2000, the final review of the Master Plan was completed. The Master Plan was submitted to the City Council and approved. Based upon the Master Plan the total estimated cost of the complete improvements was $2,000,000. The funds were not available for the completion of the entire project. Staff requested the Consultant to review the proposed work and the cost, and propose the minimum required work. The Consultant has reviewed the proposed Master Plan and submitted a revised proposal with the following recommendations: As of this date, the City has received State Parks and Recreation grants, and CDBG funds in the amount of $880,000, and general funds budgeted in the amount of $245,000, for a total amount of $1,125,000. The total estimated cost to complete the project is $2,000,000. However, the City is required to proceed with the project design and construction in order not to lose a major portion of the Parks and Recreation grants (approximately $500,000). In order to proceed with the project it is proposed to complete the project in two phases. The total cost for the first phase of the project is estimated at $1,045,000 which includes the design cost ($95,000) and construction cost ($950,000). The first phase of the project will include the following general construction improvements: 1. Remove and replace main swimming pool including pumping and filtering equipment and associated piping/plumbing system. 2. Remove existing Wading Pool. 3. Construct new Play Feature Pool with a surface area between 1,500 and 2,000 square feet including pumping equipment, filtering, and piping system. 4. Remove and replace pool deck. 5. Install new fencing. The detailed scope of work is described in Exhibit "A". The staff's recommendation is to proceed with the first phase of the project, and then move to the next phase based upon the availability of the funds. We will continue to seek funding through State Grants. In order to proceed to the design phase, staff has recommended the Jones and Madhavan firm to provide the consulting services for the preparation of the plans and specifications. Jones & Madhavan firm is familiar with the proposed work, and has demonstrated high competency during the preparation of the Master Plan. Staff is confident that this firm will provide quality design services for the project. .RESOLUTION NO. 2004 —184 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JONES AND MADHAVAN ARCHITECTURE ENGINEERING FOR THE NATIONAL CITY MUNICIPAL SWIMMING POOL RENOVATION WHEREAS, the City desires to employ a Contractor to provide the City with the architectural design services for the National City Municipal Swimming Pool facility renovation; and WHEREAS, the City has determined that Jones and Madhavan Architecture Engineering is a professional Architectural/Engineering consulting firm, and is qualified by experience and ability to perform the 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 Jones and Madhavan Architecture Engineering for the National City Swimming Pool renovation. Said agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 21stday of September, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" A Scope of Services 1. Preliminary Design Phase a. Meet with City to verify exact scope of work. b. Review of City provided as -built documents: c. Field visits as required to verify and document existing conditions. d. Prepare Preliminary Drawings for all disciplines. Drawings will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. e. Prepare estimate of probable construction cost. f. Submit 3 copies of Preliminary Drawings to City for review. 2. Construction Documents Phase a. Meet with City to discuss Preliminary Design review comments: b. Make revisions to Preliminary Design in accordance with City's review comments. c. Prepare Construction Drawings for all disciplines. Drawings will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. d. Prepare Construction Specifications for all disciplines. Specification sections will include: i. Architectural. ii. Structural Engineering. iii. Electrical Engineering. iv. Mechanical Engineering. v. Aquatic Engineering. e. Prepare revised estimate of probable construction cost. f. Submit 3 copies of Construction Documents to City for review. 1 EXHIBIT "A" (continued) 3. Jurisdictional Review Phase a. Submit Construction Documents to County Environmental Health Department for review. Plan review fee and printing costs will be paid by City. b. Submit Construction Documents to City Building Department for review. Plan review fee and printing costs will be paid by City. c. Make revisions to Construction Documents as necessary to obtain approval for County Environmental Health and City Building Departments. 4. Bidding & Construction Phase a. Provide City with list of potential contractors. b. Attend Preconstruction meeting at site. c. Answer questions from bidders and assist in the preparation of addendums if necessary. d. Attend preconstruction conference. e. Attend 8 site visits during construction to verify contractor's work is in conformance with Contract Documents. f. Attend site visit at substantial completion and prepare punch -list of items to be completed. g. Respond to contractor's RFIs (Request for Information). h. Review contractor's submittals. i. Review contractor's CORs (Change Order Request). B Scope of Work Services will be provided for preparation of design documents for the following construction work: 1. Remove existing Wading Pool complete. Work to include: a. Remove associated concrete structure. b. Remove associated buried piping from pool to equipment room. c. Remove associated electrical conduit from pool to equipment room. d. Remove associated mechanical equipment (filters, pumps, heater and water sanitation system). 2. Construct new Play Feature Pool with a surface area between 1,500 and 2,000 square feet. Specific components to include: a. Zero depth entry on one side. b. Maximum water depth of 18 inches. c. Three to five water spray features. d. Reinforced shotcrete structure. e. Associated buried plumbing system from pool to equipment room. f. Associated mechanical equipment (filters, pumps, heater and water sanitation system). g. Electrical connections to mechanical equipment. 2 EXHIBIT "A" (continued) 3. Remove plaster and tile finishes in Swimming Pool: 4. Install new plaster and tile finishes in Swimming Pool: 5. Remove existing main drains in Swimming Pool. Work to include: a. Remove drain grates. b. Remove concrete basin in pool structure. c. Remove concrete pool floor to expose piping. d. Remove main drain piping from pool to equipment room. 6. Install new main drains in Swimming Pool. Work to include: a. Install new drain grates. b. Construct new reinforced concrete basin. c. Construct new reinforced concrete floor over pipe trenches. d. Install new main drain piping from pool to equipment room. 7. Install new rope anchors in pool wall at 4'-6" depth of Swimming Pool. 8. Install new tile band on pool floor at 4'-6" depth of Swimming Pool. 9. Remove Swimming Pool mechanical equipment to include above ground plumbing, filters, pump, heaters and water sanitation system. 10. Install new Swimming Pool mechanical equipment to include above ground plumbing, filters, pump, heaters and water sanitation system. 11. Remove buried Swimming Pool plumbing from pool to equipment room. 12. Install new buried Swimming Pool plumbing from pool to equipment room. 13. Remove floor return inlets. 14. Install new floor return inlets. 15. Remove reinforced concrete pool deck complete. 16. Install new reinforced pool deck. 17. Install new pool deck drainage system to include: a. Area drains. b. Piping from area drains to approved point of discharge. 18. Install new tile deck signage. 19. Install new grab rails, handrails and deck anchors. 20. Install new starting block anchors, water polo goal anchors and stanchion sockets. 3 21. Install new disabled access lift and deck anchors. 22. Install new diving stand, board and anchors. 23. Reinstall existing waterslide. 24. Remove perimeter fencing. 25. Install new tubular steel fencing. 26. Remove overhead pool lighting to include: a. Light standards. b. Light heads. c. Conduit from Tight standards to equipment room. 27. Install new overhead pool lighting to include. a. Light standards. b. Light heads. c. Conduit from light standards to equipment room. 28. Remove sealant in floor of Swimming Pool. 29. Install new sealant in floor of Swimming Pool. Attachment: Exhibit "B" Exhibit "C" EXHIBIT "B" • C Design Fee Our Design Fee will be $95,000.00 and apportioned as follows: Preliminary Design Construction Documents Jurisdictional Review Bidding & Construction Total $33,250 $47,500 $4,750 $9,500 $95,000 A complete breakdown of our fee as it correlates to the Scope of Services outlined previously is as follows: 1. Design Development Phase a. Principal Architect b. Principal Architect Principal Engineer c. Principal Architect Principal Engineer d. Principal Architect Principal Engineer CAD Drafter e. f. 5 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 4 hours x $120/hour 70 hours x $120/hour 40 hours x $120/hour 140 hours x $66/hour Electrical Engineer — Consultant Structural Engineer — Consultant Principal Architect 5 hours x $120/hour Principal Engineer 5 hours x $120/hour Administrative 2 hour x $44/hour 2. Construction Documents Phase a. b. c. d. e. f. Principal Architect 4 hours x $120/hour Principal Architect 8 hours x $120/hour CAD Drafter 20 hours x $66/hour Principal Architect 80 hours x $120/hour Principal Engineer 60 hours x $120/hour CAD Drafter 180 hours x $66/hour Electrical Engineer — Consultant Structural Engineer — Consultant Principal Architect 40 hours x $120/hour Principal Engineer 8 hours x $120/hour Principal Architect 5 hours x $120/hour Principal Engineer 5 hours x $120/hour Administrative 2 hour x $44/hour 3. Jurisdictional Review Phase a. b. c. Administrative Administrative Principal Architect CAD Drafter 2 hour x $44/hour 2 hour x $44/hour 20 hours x $120/hour 33 hours x $66/hour 5 $600.00 $480.00 $480.00 $480.00 $480.00 $8,400.00 $4, 800.00 $9,240.00 $3,000.00 $4,000.00 $600.00 $600.00 $88.00 $480.00 $960.00 $1,320.00 $9,600.00 $7,200.00 $11,880.00 $4, 000.00 $5,000.00 $4,800.00 $960.00 $600.00 $600.00 $88.00 $88.00 $88.00 $2,400.00 $2,178.00 EXHIBIT "B" (continued) 4. Bidding & Construction Phase a. b. c. d. e. f. 9. h. Administrative Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect Principal Architect D Schedule 1 hour x $44/hour 4 hours x $120/hour 8 hours x $120/hour 4 hours x $120/hour 32 hours x $120/hour 5.hours x $120/hour 12 hours x $120/hour 12 hours x $120/hour 2 hours x $120/hour $44.00 $480.00 $960.00 $480.00 $3,840.00 $600.00 $1,440.00 $1,440.00 $240.00 A schedule for the scope of services outlined in Exhibit "A" is as follows: 1. Preliminary Design 2. City Review of Preliminary Design 3. Construction Documents 4. Jurisdictional Review 5. Bidding 6. Construction 9/27/04 to 11/5/04 (6 weeks) 11/8/04 to 11/19/04 (2 weeks)* 11/22/04 to 1/14/05 (8 weeks) 1/17/04 to 2/11/05 (4 weeks)* 2/14/05 to 3/25/05 (6 weeks) 3/28/05 to 8/12/05 (20 weeks) * The review period indicated is an estimation. The schedule can be compressed or lengthened depending on the City and other regulating agencies availability to review documents. 6 INTRODUCTION Exhibit "C" Catalina Island Aquatic Center Los Angeles Southwest College Physical Education Facility Pasadena City College Pool Jones & Madhavan Architecture Engineering is a multi- disciplinary design firm dedicated to providing the highest quality architecture and engineering services for public aquatic facilities. Since being founded in 1990, JMAE has repeatedly demonstrated its ability to design modern aquatic facilities that meet the ever changing needs of its users. JMAE's aquatic experience is varied in scope and includes a wide range of services However, there is one constant, the firm's dedication to placing the needs of their client at the forefront of every design. To ensure this, JMAE has adopted a hands-on project management style by assigning one of the firm's principals as the main point of contact between the client and all other individuals involved with the project. This management approach has proven to be the key reason for JMAE's success in a very competitive market. In working for public agencies throughout Califomia, JMAE has developed an impressive list of repeat clients. JMAE intends to provide the highest level of professional design services available to its clients. In order to facilitate this goal, a design team that complements the capabilities of JMAE has been compiled. Each consultant is highly accomplished in their respective discipline and has experience with aquatic facilities. Since its inception, JMAE has evolved into a full -service firm that is capable of being the single source for all design services necessary for an aquatic facility. Some of the in-house services provided by JMAE include: Renovation Analysis Programming Architecture Mechanical Engineering Aquatic Facility Design Aquatic Engineering Construction Management JMAE's commitment to design excellence and furthering the advancement of the aquatic industry is proven and has been recognized by industry publications such as AQUATICS INTERNATIONAL magazine where several of JMAE's projects have received recognition. Particulars of JMAE include: Organization General Partnership Doug Jones, PE, Partner Nachi Madhavan, AIA, Partner Insurance $1,000,000 - Professional Liability $2,000,000 - General Liability $1,000,000 - Automobile Liability $1,000,000 - Workers Compensation Date of Inception February 1990 Address 100 East Thousand Oaks Boulevard, Suite 211 Thousand Oaks, California 91360 Telephone (805) 777-8449 Facsimile (805) 777-8489 Web Address http://www. jmae.com E-Mail Address info@jmae.com VI CONES & MADHAVAN ARCHITECTURE ENGINEERING AGREEMENT ORIGINAL BY AND BETWEEN • THE CITY OF NATIONAL CITY AND JONES AND MADHAVAN ARCHITECTURE ENGINEERING THIS AGREEMENT is entered into this 21st day of September, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Jones and Madhavan Architecture Engineering (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide the City with the architectural design services for the National City Municipal Swimming Pool facility renovation. WHEREAS, the CITY has determined that the CONTRACTOR is a professional Architectural/Engineering consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. Revised October 2003 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Mr. Nachi Madhavan thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the 2 Revised October 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 enteringinto. this Agreement was, and is, the professional reputation and competence -of the CONTRACTOR- and its employees. Neither this Agreement nor any interest: herein .may be: assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 Revised October 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 October 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, anddefense 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 October 2003 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 Toss 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 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 6 Revised October 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 acjdition, 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 failureto 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 Tess 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 October 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: Stephen M. Kirkpatrick Accting Director of Public Works/Egineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the. CONTRACTOR: Nachi Madhavan. Principal Jones and Madhavan Architecture Engineering: 100 East Toussand oaks Boulevard, suite 211 Thousaand Oaks, CA 91360 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 October 2003 ❑ 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 lor.:the :interpretation or determination of the validity of this Agreement or:any rprovision hereof. D. No Obligations to Third Parties. Except as otherwise 'expressly provided herein, the execution and delivery of -this shall: not be deemed to- confer any rights upon, or obligate any of the parties: hereto, to. any person:;orentity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and .Schedules attached hereto are hereby incorporated herein by this referencefor,all :purposes_ ..._- Exhibit A — Scope of Services Exhibit B — Fee Schedule Exhibit C — Firm's Biography F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed beach 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 October 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: Jones & Madhavan, Architecture Engineering (Two signatures required for a corporation) By: -- Nick Inzunza, Mayor (Name) 1.1a�A� APPROVED AS TO FORM: George H. Eiser, III City Attorney By: 'rKJnJGI t=Fc� (Title) (Title) 10 Revised October 2003 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE September 21, 2004 AGENDA ITEM NO. 17 /ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A 30-DAY EXTENSION TO AN AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS PREPARED BY George H. Eiser, IIIi DEPARTMENT EXPLANATION (Ext. 4221) City Attorney At the September 7, 2004 workshop meeting, the City Council made a determination to have the licensing and regulation of taxicabs returned to the City from MTDB. The proposed resolution would extend the existing agreement with MTDB until October 31, 2004, to provide a period of transition for the change. ( Environmental Review _ NIA Financial Statement No financial impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution: BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 30-DAY EXTENSION TO AN AGREEMENT WITH THE METROPOLITAN TRANSIT DEVELOPMENT BOARD FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS WHEREAS, the San Diego Metropolitan Transit 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 from January 1, 2004 through March 31, 2004; and from April 1, 2004 through June 30, 2004; and from July 1, 2004 through September 30, 2004; and WHEREAS, City and MTDB desire to now enter into an agreement to extend the period through October 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 Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of September, 2004. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT rEETING DATE September 21, 2004 AGENDA ITEM NO. 18 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 1.21 PERTAINING TO RESTRICTING POSSESSION OF CLONAZEPAM, ADOPTED JUNE 13, 2000, AS ORDINANCE NO. 2000-2176 PREPARED BY Rudolf Hradecky, E EXPLANATION (Ext. 4222) DEPARTMENT City Attorney The possession and use of Clonazepam without a prescription was made unlawful by the amendment of Health and Safety Code Section 11375 by Chapter 838, Section 1, Statute 2001 (AB 98). Accordingly, this Chapter may be repealed since it was adopted by the City Council as an intermediate measure pending the enactment of state law. Clonazepam was previously unregulated as a precursor drug used in "date rape" situations. CEnvironmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A -too (9/99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING CHAPTER 1.21 PERTAINING TO RESTRICTING THE POSSESSION OF CLONAZEPAM, ADOPTED JUNE 13, 2003, AS ORDINANCE 2000-2176 BE IT ORDAINED by the City Council of the City of National City that Title 1 of the National City Municipal Code is hereby amended by repealing Chapter 1.21 pertaining to restricting the possession of Clonazepam, adopted June 13, 2003, as Ordinance No. 2000-2176. PASSED AND ADOPTED this day of , 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: r)G.gu George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 21, 2004 AGENDA ITEM NO. 19 (-ITEM TITLE ORDINANCE OF THE CITY COUNCIL AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT OF PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA PREPARED BY Rudolf Hradecky Esq. DEPARTMENT (Ext. 4222) EXPLANATION City Attorney The proposed changes to Chapter 10.20 of the Municipal Code will add gang activity to the category of public nuisance premises, thereby allowing the City Attorney to initiate civil abatement proceedings, or to criminally prosecute an owner or occupant who knowingly allows or tolerates such activity on premises owned or controlled by that owner or occupant. This change was requested by the Police Department (NPT). It is added to already existing code provisions dealing with illegal drug activity and displays or sales of drug paraphernalia on premises. An owner is allowed sixty (60) days in which to begin eviction proceedings against an offending occupant. If the owner fails or refuses to do so, both civil abatement proceedings by way of injunction against the owner and/or occupant and the premises may be instituted, and the owner and/or occupant can also be prosecuted for maintaining a public nuisance. Environmental Review x N/A Financial Statement Approved By: N/A Finance Director Account No. STAFF RECOMMENDATIO Adopt Ordinance BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (9/99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.20 PERTAINING TO ABATEMENT OF PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR THE SALE OR DISPLAY OF DRUG PARAPHERNALIA BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 10 is amended by amending Chapter 10.20 to read as follows: Chapter 10.20 PREMISES USED FOR ILLEGAL DRUG ACTIVITY, GANG ACTIVITY OR SALE OR DISPLAY OF DRUG PARAPHERNALIA Sections: 10.20.010 10.20.020 10.20.030 10.20.040 10.20.050 10.20.060 10.20.070 10.20.080 Definitions Prohibition Notice of violation —Order Failure to comply with notice of violation Declaration of public nuisance Construction Sale or display of drug paraphemalia—Prohibited Severability 10.20.010 Definitions. The following definitions apply to this chapter: A. "Owner" means an owner of title or interest, landlord, lessor, sublessor, lessee, manager, representative or agent, employee or mortgagee, including any person, firm, corporation, partnership or other entity. B. "Occupant" means a resident, tenant, subtenant, lessee, guest or invitee, sublessee or any person not a trespasser, possessing, occupying or using premises. C. "Premises" means a building, place, room, space, enclosure, vessel or appurtenances thereof, including common areas, garage facilities, driveways, alleyways, stairwells and elevators. It includes residential, commercial and industrial property. D. "Controlled substance" means any substance, precursor or analog, specified in Health and Safety Code section 11000 et seq. Ordinance No. 2004 — Page 2 of 4 E. "Drug dealing activity or purpose" means any activity involving the illegal possession or possession for sale, or the serving, or the storing, keeping, manufacturing or transferring, or giving away of illegal controlled substances in, upon or from the premises. F. "Drug -related nuisance" means any activity commonly associated with illegal drug dealing, including but not limited to excessive noise, excessive traffic, steady foot traffic day and night to the premises, public use of illegal controlled substances, barricaded premises or the sighting of weapons, brought to the attention of the owner by occupants, persons within the community, employees of the City or law enforcement agencies. It shall include the sale or display of drug paraphemalia. G. "Drug paraphemalia", for purposes of this Chapter, is any merchandise, equipment, products or materials described in Health and Safety Code section 11364.5(d) which are designed for uses regulated by that section. It shall not include cigarette rolling papers. G. "Drug paraphernalia", for purposes of this Chapter, is merchandise, equipment, products or materials described in Health and Safety Code section 11364.5(d) which are designed for uses regulated by that section. It shall not include cigarette rolling papers. H. "Gang activity" means activity described in Penal Code section 186.22, 186.26, or 186.28 that occurs on a "premise used by a criminal street gang", as those terms are used in Penal Code sections 186.22 through 186.28. I. "Premise(s) used by a criminal street gang" means a "premise" defined in Penal Code section 186.22a. J. "Gang related nuisance" means "gang activity" that is conducted at or from premises regulated by this Chapter 10.20. K. "Responsible party" is as defined in section 1.36.010, and includes an owner or occupant defined in this section. 10.20.020 Prohibition. A. No owner shall knowingly cause, permit, allow, aid or abet drug dealing activity or purpose, or a drug -related nuisance, gang activity or a gang related nuisance, as defined herein on premises owned or controlled by that owner. B. No occupant shall knowingly commit an act or permit, allow, suffer or aid and abet another occupant of that premise to commit an act constituting a drug dealing activity or purpose, a drug -related nuisance, gang activity or a gang related nuisance, as defined herein, on premises occupied or controlled by that occupant. C. Except as provided in section 10.20.070, violation of this subsection constitutes the maintenance of a public nuisance and may be prosecuted as a misdemeanor. No prosecution may be instituted against an owner, occupant or other responsible party under this section until that party is first notified by the City Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 3 of 4 Attorney regarding the existence of the activity constituting the public nuisance in accordance with section 10.20.030 and has failed to abate the nuisance. 10.20.030 Notice of violation —Order. If the city attorney determines that any premises within the city are being used or maintained in violation of section 10.20.020, the city attorney may order the owner or other responsible party of that premise to comply with the requirements of this Chapter. The' order shall be given to the owner or other responsible party either by personal service or by a letter sent by both certified mail and first-class mail, the receipt of either shall constitute service of notice. The order shall include a description of the premises and information establishing that the premises are being used in violation of section 10.20.020. Nothing herein shall be interpreted as authorizing the release of information which would violate an individual's right to privacy or any other applicable provision of law that precludes the release of public records. Nothing herein shall authorize a search of any premises or seizure of any property by an owner under color of authority of the city or any employee or official thereof. 10.20.040 Failure to comply with notice of violation. Within sixty days of receipt of the notice and order described in section 10.20.030, an owner shall in good faith, if required by section 10.20.030, give notice as required by law and bring an action to recover possession of and to evict an occupant or occupants from, premises described therein. If the owner fails to comply with this section, the city attorney may take civil or criminal action, or both, to enforce this Chapter. Good faith compliance may be shown by the owner obtaining the voluntary surrender of the premises from the occupant, the owner commencing and prosecuting an unlawful detainer proceeding, or by the owner pursuing any other lawful means to obtain possession from the occupant. 10.20.050 Declaration of public nuisance. In addition to any other enforcement action, the city attorney may declare an alleged violation of section 10.20.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code section 11570 or Chapter 1.36 of this code. It shall not be a prerequisite that an owner or occupant be convicted of an underlying offense or crime before a public nuisance may be declared to exist. 10.20.060 Construction. Nothing contained in this chapter shall be construed to be interpreted in such a way as to create a principal -agent relationship between the City and the owner. Nothing herein shall prohibit the owner from complying with this chapter by commencing and prosecuting unlawful Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 4 of 4 detainer proceedings based on legal grounds other than drug or gang related activity nor shall it preclude such proceedings because of a drug or gang related nuisance. 10.20.070 Sale or display of drug paraphernalia —Prohibited. The sale or display of merchandise meeting the strict definition of "drug paraphernalia" is prohibited on all premises, excepting premises exempted by Health and Safety Code section 11364.5 (f). This section is regulatory only, and violation of this section shall be grounds for the revocation, suspension or denial of a permit or business license required for the lawful operation of a commercial or industrial business. The provisions and procedures of section 1.12.030 and Chapter 1.42 are applicable to violations of this section. 10.20.080 Severabilitv. If any section, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is hereby declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. PASSED and ADOPTED this day of 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor Chapter 10.20 Illegal Drug Activity ,EETING DATE City of National City, California COUNCIL AGENDA STATEMENT September 21, 2004 AGENDA ITEM NO. 20 I -ITEM TITLE City Council approval for Sweetwater High School to serve alcohol in the Martin Luther King, Jr. Community Center on October 16, 2004 at their fundraiser to refurbish the Gail Devers Stadium PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4580 EXPLANATION The Sweetwater High School, in conjunction with the Gail Devers Foundation, has been approved by Councilman Ungab to use the Martin Luther King, Jr. Community Center on Saturday October 16, 2004 to raise funds to replace the track and field at the high school with an all-weather track and a new artificial turf football field. They are expecting approximately 300 people at this event. They are asking to serve alcohol at their fundraiser. According to the Rules and Regulations of the Martin Luther King, Jr. Community Center, Council approval is needed to serve alcohol. CEnvironmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION City Council approval for Sweetwate,chool to serve alcohol. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Application for use of the Martin Luther King, Jr. Community Center 2. Sweetwater High School letter dated September 2, 2004 Resolution No. A-200 19 99) APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". „al Ja/ h _Cch 60 I //��,�,, Name of Organization: C4 V e, � �� ,�j1/� CD172.177 Business Address: 212 49W417(2/eve ‘C.Name of Applicant: /2 c� vi7De Address: 6 6 v _� �� 9i 17li cti %Ci - Say i e cry-9Diz0. L� Telephone Number: day a ,f' 5jj ,336 . /6 /3 evening Off $ - j' (z4Z Type of Function: %%cdra/S/f) rice. Date Requested: Pc �,Be / / oZOO Decorating Time: 1 . D o Function Time: 7 ; 0© Clean up Time: / a Use of Kitchen: no X yes If yes, Time: Number of Participants: Will Admission be charged? \/ If yes, Amount $ 10 Will this be a fund raising event? (ame to (an? (a .") to /c2 rvi;667/111 (am/pm) Ppm) to v7'N/pm) 1 ,DO (ar i/pmn to /pm) ;C� Will alcohol be served? 1 Certificate of Insurance attached? If yes, ABC Permit Submitted? Special configuration of tables or chairs required? 0 If yes, attach sketch. Special equipment required? If yes, attach lift. Copy. of Rules & Regulations provided? Initials ,IGt Ll Certificate of Insurance attached? How many times in the last two years have you used the Community Center? - If applicable, how much did you pay for building and/or custodial fees? I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code agains Applicant's possessory interest in the City's f,/ lity. t:ouncilmember U b �lr � Signicant rev.02/03 Sweetwater High School Office of the Principal 2900 Highland Avenue National City, CA 91950 September 2, 2004 City of National City 1243. National City Boulevard National City, CA 91950 To Whom It May Concern: Sweetwater High School is in the process of fundraising efforts to replace our track and field with an all-weather track and a new artificial turf football field. This is in conjunction with support from Gail Devers and her foundation. The Martin Luther King, Jr. Community Center has been reserved for us on October 16, 2004. Our application for use is attached. We will apply for the insurance and the one day liquor license. We need to have this item on the agenda for the next council meeting for approval. Thank you for your assistance. Sin;, -1y, rgia Wapnowski School Administrative Assistant "The Sweetwater Union High School District does not discriminate with regard to sex, race, religion, color, national origin, ancestry/ethnicity, marital or parental status, age, physical or mental disability, sexual orientation or any other unlawful consideration. SUHSD Board Policy #2224"