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HomeMy WebLinkAbout2004 10-05 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Martin Luther King Jr. Community Center 140 East 12th Street Regular Meeting - Tuesday — October 5, 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 audidfonos 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 10/5/04 PAGE 2 PROCLAMATIONS Proclaiming the month of October: "THE COLUMBIAN FOUNDATION FOR PEOPLE WITH MENTAL RETARDATION, INC. MONTH" Proclaiming, Saturday, October 2, 2004 as: "ROGER CAZARES DAY" 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 September 21, 2004 Joint Adjourned Regular Meeting of the City Council and the Community Development Commission and the Minutes of the September 21, 2004 Regular Meeting of the City Council. 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) 3. A Resolution approving 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 partially developed with Sav-On Drug Store. (Applicant: The Olson Company) (Case File No. S- 2004-7/CUP-2004-17) (Planning) 4. A Resolution authorizing the Acting Director of Public Works/Engineering to establish a ten -foot red "no parking" zone on the southwest corner of 14th Street and Orange Street. (A. Cunanan, TSC Item No. 2004-43) (Public Works/Engineering) 5. A Resolution authorizing the purchase of two trucks for the Wastewater Division of Public Works at an estimated combined cost of $55,000 from Wastewater Automotive Equipment Account 125-422-222-511. One truck is a replacement of a heavy-duty truck used in daily sewer maintenance and the other, a light duty pick- up truck for the Stormwater Compliance Inspector. (Public Works/Engineering) COUNCIL AGENDA 10/5/04 PAGE 3 CONSENT CALENDAR (Cont.) 6. A Resolution authorizing the Acting Director of Public Works/Engineering to establish a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. (TSC Item No. 2004-42) (Public Works/Engineering) 7. A Resolution of the City of National City supporting Proposition 1-A on the November 2004 General Election Ballot limiting the ability of State government to transfer monies from the City of National City to the State. (City Manager) 8. A Resolution of the City of National City approving change order number seven in the amount of $16,047 for the installation of Westnet First Alert and Communication System instead of a Motorola System for the Fire Department's construction project and authorizing the Acting Director of Public Works/Engineering to sign the change order on behalf of the City. (Public Works/Engineering) 9. WARRANT REGISTER NO. 11 (Finance) Ratification of Demands in the amount of $1,207,234.10. 10. WARRANT REGISTER NO. 12 (Finance) Ratification of Demands in the amount of $351,723.59. 11. Claim for Damages: Evelyn J. McCole (City Clerk) PUBLIC HEARINGS 12. Joint Public Hearing of the City Council and Community Development Commission on the proposed 2004 Amendment to the National City Redevelopment Plan. (Community Development Commission) 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) COUNCIL AGENDA 10/5/04 PAGE 4 PUBLIC HEARINGS (Cont.) 14. Public Hearing — Variance for a reduced front yard setback for an addition to the single-family residence at 304 East 27th Street. (Applicant: Raul Salinas) (Case File Z-2004-7) (Planning) NON CONSENT RESOLUTION 15. A Resolution approving a supplemental agreement with BDS Engineering, Inc. to provide the City with civil engineering design services in the "Not to Exceed" amount of $113,200 for the National City Sanitary Sewer System and the Sanitary and Storm Drain Pump Station Rehabilitation, and authorizing the Acting Director of Public Works/Engineering to execute the Agreement. (Public Works/Engineering) ORDINANCE FOR INTRODUCTION 16. 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 paraphemalia. (City Attorney) ORDINANCE FOR ADOPTION 17. 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) NEW BUSINESS 18. Scheduling of City Council Workshop to consider an ethics code and campaign contribution limitations. (City Attorney) 19. Temporary Use Permit — Kalusugan Community Services Fil-Am Wellness Center 2nd anniversary celebration on November 6, 2004 at 1419 East 8th Street. (Building & Safety) COUNCIL AGENDA 10/5/04 PAGE 5 NEW BUSINESS (Cont.) 20. Temporary Use Permit — Sweetwater Town & Country Merchants -Fabulous 50's on October 23, 2004 at 1722 Sweetwater Road, Ste. C. (Building & Safety) 21. Temporary Use Permit — Paradise Creek Educational Park-Dia De Los Muertos on October 31, 2004 at Hoover Avenue south of 18th Street. (Building & Safety) 22. Temporary Use Permit — National City Police Department — Pueblo Unidos March on Saturday, October 30, 2004, 10:00 a.m. on D Avenue from National City Middle School to Kimball Park and a community event in Kimball Park from 10:00 a.m. to 2:00 p.m. (Building & Safety) 23. Minute Action: Approving the initiation of a General Plan Amendment for the Downtown Specific Plan. (Community Development Commission) 24. Minute Action: Approving the initiation of a General Plan Amendment for the open space easement located within the Sweetwater River Regional Park for the development of the proposed Costco wholesale and retail store. (Community Development Commission) 25. Regulation and licensing of paratransit vehicles, including jitneys, charter vehicles, low speed vehicles and non -emergency medical vehicles. (City Attorney) WRITTEN COMMUNICATIONS 26. National City Transit Monthly Report - August, 2004. (National City Transit) STAFF MAYOR AND CITY COUNCIL Next Regular City Council Meeting — Tuesday — October 19, 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 - fig (tit Proclamation WHEREAS, Mental retardation and related disorders are debilitating illness for patients and families affecting thousands worldwide physically, emotionally, and financially; and WHEREAS, the Columbian Foundation for Persons with Mental Retardation, Inc., has been outstanding in their efforts to help persons with mental retardation participate in all activities and experiences life has to offer; and WHEREAS, the Knights of Columbus exemplify the true spirit of concern for their active involvement in the well being of the people of our community by their Annual Fundraising support for the Columbian Foundation; and THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim the Month of October: "The Columbian Foundation For People With Mental Retardation, Inc. Month" We call upon all citizens of National City to recognize the Knights of Columbus in all their dedication and efforts to assist people with mental retardation in our community Nick Inzunza Mayor tid C:ounca member Ron Morrison Cour ciimember Fideles Ungab - 2 Councilmember s fraciantation =V^ WHEREAS, Roger Cazares guided the MAAC Project for thirty years as President/CEO he was responsible for 350 employees, he assured MAAC's summer employment for over 1,000 South youth; and WHEREAS, with his direction and implementation he helped the establishment of two residential care facilities for recovering drug and alcohol dependent individuals housed at Casa de Milagros, for women, and Casa Nosotros, for men WHEREAS, he created and built the Housing and Community Development Department in 1991, under Mr. Cazares' leadership, MAAC Project has grown to be one of the premier affordable housing developers in the region; and WHEREAS, he served on the National Council of La Raza Board of Directors and Executive Committee for six years, he was also President of the National City Chamber from 1994-1995; and WHEREAS, Mr. Cazares is an avid member of numerous local and state organizations committed to a variety of social needs, he has received a multitude of awards for his community service such as the Union Bank of California, the UCSD Excellence in Community Service Award, Hispanic Chamber of Commerce Business Leadership Award, recipient of Recognition OHTLI Community Service Award presented by the Mexican Government at the NCLR National Conference in 2000; and THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday, October 2, 2004 as: ROGER CAZARES DAY We call upon all citizens of National City to recognize Mr. Cazares for his dedication and contributions to the citizens of the City of Nationc1 City. Nick Inzunza Mayor N ncilmember Ron T :<rrrison Councilmember Fideles Ungab Ctvincilmemher ITEM #1 10/5/04 Approval of the Minutes of the September 21, 2004 Joint Adjourned Regular Meeting of the City Council and the Community Development Commission and the Minutes of the September 21, 2004 Regular Meeting of the City Council. ITEM #2 10/5/04 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 thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 2004 AGENDA ITEM NO. 3 ITEM TITLE Resolution Approving 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 Partially Developed with Sav-On Drug Store. (Applicant: The Olson Company) (Case File No. S-2004-7/CUP2-004-17) PREPARED EY DEPARTMENT EXT. EXPLANATION Roger Post 3f6-4310 Planning The City Council voted to approve this item at the September 21, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental 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 RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING 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 PARTIALLY DEVELOPED 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 Tots 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, Califomia, 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, the City Council of the City of National City considered said applications at a public hearing held on September 21, 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-2004-7 and CUP-2004-17 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 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 that the City Council of the City of National City hereby approves tentative subdivision map to divide one 3.2 acre property into two Tots 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 based on the following findings: Resolution No. 2004 —186 Page Two 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 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. 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 Resolution No. 2004 — 186 Page Three pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 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 cant' 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. Resolution No. 2004 — 186 Page Four 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, 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 enclosure 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. Resolution No. 2004 —186 Page Five 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. 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. Either emergency vehicle access to the site approved by the National City Fire Department or residential sprinkler systems approved by the Fire Department shall be provided. 8. New fire hydrants are required at the eastem and western ends of "Private Street B" in Exhibit A -revised, subject to review, approval and/or modification by the Fire Department. 9. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 10. Plans must comply with the 2001 editions of the Califomia Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 11. 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, or provisions shall be included in the CC&R's, to the satisfaction of the City Attorney, ensuring maintenance of storm water treatment Resolution No. 2004 — 186 Page Six 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. 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 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 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. 14. 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. 15. 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. 16. 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. 17. 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. Resolution No. 2004 —186 Page Seven 18. 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. 19. 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. 20. 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. 21. All utility distribution facilities within the boundaries of the subdivision, and within the half streets abutting the new subdivision, shall be placed underground. 22. The final map shall be recorded prior to issuance of any building permit. 23. All new property line survey monuments shall be set onprivate property, unless otherwise approved. 24. The final map shall use the Califomia 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. 25. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 26. 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. 27. 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. Resolution No. 2004 —186 October 5, 2004 Page Eight 28. 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. 29. 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 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 / 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. 30. 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 this Resolution shall be transmitted forthwith to the applicant. 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 5th day of October, 2004. ATTEST: Michael Dalla, City Clerk Nick lnzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III, City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 5, 2004 AGENDA ITEM NO. 4 ITEM TITLE A resolution authorizing the Acting Director of Public Works/Engineering to establish a ten foot red "no parking" zone on the southwest corner of 14th Street and Orange Street (A. Cunanan, TSC Item No. 2004-43) PREPARED BY EXPLANATION Adam Landa 336-4394 DEPARTMENT Public Works/Engineering Mr. Arturo Cucanan, of 1511 Orange Street, has requested the installation of a red curb "No Parking" zone at 14th Street and Orange Street. According to Mr. Cucanan, there are vehicles parking there and obstructing the view from the vehicles that are entering 14th Street from Orange Street. The speed limit is 25 m.p.h.. According to the speed limit and reaction time (see attached chart) the required length of red curb should be ten feet at the sourthwest corner of 14th Street and Orange Street. The Traffic Safety Committee, at their meeting of September 8, 2004, approved a ten foot red "No Parking" zone on the sourthwest corner of 14th Street and Orange Street. CEnvironmental Review " NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECO MENDATION The Traffic Safety Committee, at its meeting of September 8, 2004, approved the ten foot red "No Parking" zone on the southwest corner of 14th Street and Orange Street. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee A-200 I9 99) RESOLUTION NO. 2004 — 187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A TEN -FOOT RED CURB NO PARKING ZONE ON THE SOUTHWEST CORNER OF 14TH STREET AND ORANGE STREET (A. Cunanan, TSC ITEM NO. 2004-43) WHEREAS, Arturo Cunanan of 1511 Orange Street has requested the installation of a red curb no parking zone at 14th Street and Orange Street because parked vehicles obstruct the view from vehicles entering onto 14th Street from Orange Street; and WHEREAS, at its meeting on September 8, 2004, the Traffic Safety Committee approved the installation of a 10-foot red curb no parking zone on the southwest corner of 14th Street and Orange Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 10-foot red curb no parking zone on the southwest comer of 14th Street and Orange Street way. PASSED and ADOPTED this 5th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 8, 2004 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE ON 14TH STREET BETWEEN ORANGE STREET AND STANCREST LANE (BY: A. CUNANAN) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Arturo Cunanan, of 1511 Orange Street, has requested the installation of a red curb "no parking" zone on 14th Street between Orange Street and Stancrest Lane. Mr. Cunanan states that vehicles are parking on 14th Street and are obstructing the view for vehicles turning left from Orange Street. The speed limit is 2.5 m.p.h. According to the speed and reaction time (see attached chart), the required length of red curb should be ten feet on the southwest corner of 14th Street and Orange Street. _. STAFF RECOMMENDATION: Staff recommends the installation of a ten foot red curb "No Parking" zone on the southwest corner of 14th Street and Orange Street. EXHIBITS: 1. Letter 2. Location Map 3. Chart 4. Photo 2004-43 Arturo L Cunanan 1511 Orange St. National City, CA 91950-5133 Engineering Department Attn: Traffic Safety Committee 1243 National City Boulevard National City, CA 91950 Dear Sir: I notice everyday that 14m. Street is too crowded of parked cars. As a resident of Orange Ave. it's hard for us to see the incoming traffic when turning left to 14th. St. from Orange Ave. I am requesting that No Parking area between Orange Ave. and Stancrest Ln. southside curve are permitted. There are some incidents that cars are almost got hit by incoming vehicle because parked cars are blocking our vision. Thank you for consideration and understanding. Respectfully yours, Arturo Cunanan 2 7 Deceleration Rate d = 12.0 feet per second2 Reaction Time r = 100 second. Deceleration Distance = V2 dt2 or-1/2 Vt or Lf2 2d V Deceleration Time = - Detector Setback = Deceleration Distance +. Reaction Distance V2 Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME - TOTAL DIST. USE Mlle Per Hour Feet per Sec. Second Feet Second Feet Feet 25 36.7 3.06 56.1 4.06 92.8 90 30 44.0 3.67 80.7 4.67 124.7 125 35 513 4.28 109.6 5.28 160.9 160 40 58.7 4.89 143.6 5.89 202.3 200 45 66.0 5.50 181.5 6.50 247.5 250 50 73.3 6.10 223.9 7.10 297.2 300 55 80.7 6.72 271.4 7.72 352.1 350 60 88.0 7.33 322.7 8.33 410.7 410 • L-4 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Octoher 5, 2004 AGENDA ITEM NO. 5 ITEM TITLE A resolution authorizing the purchase of two trucks for the Wastewater Division of Public Works at an estimated combined cost of $55,000 from Wastewater Automotive Equipment Account 125-422-222-511, one truck is a replacement of a heavy duty truck used in daily sewer maintenance and the other a light duty pick-up truck for the Stormwater Compliance Inspector PREPARED BY Joe Smith DEPARTMENT Public Works/Engineering 336-4587 EXPLANATION The Wastewater Division of Public Works is requesting to purchase two vehicles. One vehicle is to replace a 12-year old Ford F-350 crew truck used for daily maintenance, construction and emergency responses. The truck is a 1992 with a service body, lift gate, generator, pipe rack and other miscellaneous tools and confined space equipment mounted on it. Due to the age, condition and inadequate braking system, we believe it is no longer safe to operate. Ford Company has now gone to a larger four-wheel disc braking system on their F-350 trucks and is adequate for this purchase. The second truck will be used by the newly created position of the NPDES Stormwater Inspector. It is recommended that the truck be a Ford Ranger type pickup with an extended cab and a toolbox to facilitate inspection activities. Environmental Review N/A Financial Statement Approved By: The estimated cost for both vehicles is $55,000 and will be purchased from Wastewater Autotmotive Equipment Account 125-422-222-511. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9.99) RESOLUTION NO. 2004 —188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO PURCHASE TWO TRUCKS FOR THE WASTEWATER DIVISION WHEREAS, it is necessary for the Wastewater Division of the Public Works Department to purchase two trucks, one to replace an existing truck which is unsafe to operate, and one to be used by the newly -created position of NPDES Stormwater Inspector; and WHEREAS, the City Council has previously budgeted adequate funds to purchase the required trucks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to purchase two trucks for the Wastewater Division. PASSED and ADOPTED this 5th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT Octnher 5, 9004 6 AGENDA ITEM NO. %ITEM TITLE A resolution authorizing the Acting Director of Public Works/Engineering to establish a "30 Minute Parking" zone on the north side of 1302 National City Boulevard (TSC Item No. 2004-42) PREPARED BY Adam Landa 336-4394 DEPARTMENT Public Works/Engineering EXPLANATION Mr. Sabah Abro, of 1302 National City Boulevard, has requested the installation of a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. In his letter, he states that vehicles are parking the duration of the business hours and are not leaving any parking spaces for his customers. The Traffic Safety Committee, at their meeting of September 8, 2004, approved a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. ( BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of September 8, 2004, approved a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9:991 RESOLUTION NO. 2004 — 189 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH 30-MINUTE PARKING ZONE ON CIVIC CENTER DRIVE ON THE NORTH SIDE OF 1302 NATIONAL CITY BOULEVARD.. (S. Abro, TSC ITEM NO. 2004-42) WHEREAS, Sabah Abro the owner of 1302 National City Boulevard has requested the installation of a 30-minute parking zone on Civic Center Drive on the north side of his business at 1302 National City Boulevard for customer parking; and WHEREAS, at its meeting on September 8, 2004, the Traffic Safety Committee approved the installation of a 30-minute parking zone on Civic Center Drive on the north side of 1302 National City Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 30-minute parking zone on Civic Center Drive on the north side of 1302 National City Boulevard. PASSED and ADOPTED this 5th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 8, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A "30 MINUTE PARKING" ZONE ON THE NORTH SIDE OF 1302 NATIONAL CITY BOULEVARD (BY: S. ABRO) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Sabah Abro, of 1302 National City Boulevard, has requested the installation of a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. In his letter, he states that vehicles are parking the duration of the business hours and are not leaving any parking spaces for his customers. STAFF RECOMMENDATION: Staff recommends the installation of a "30 Minute Parking" zone on the north side of 1302 National City Boulevard. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-42 4 )2.00'1 .Coe_nrc.;s3, ck • ---- v st cl.2• 19,GLL c)A- 1,36a CoLt Cr CLQic CcrAer . c-s os „.e. cE -42 kR=1.. 8 0.-k • . 5/79-A4-11 /475-R° a ffi 13; p: 3rd APE r-5-74k ‹rcc P /7/ Cle 17,F\TI- 1312 1322 1328 1340 a , n W. 14th JIKLLI POLICE 'DEFT. DRIV I LOGA K,IM1: City of National City, California COUNCIL AGENDA STATE E MEETING DATES October 5, 2004 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City of National City supporting Proposition 1A on the November 2004 General Election Ballot and limiting the ability of State government to transfer monies from the City of National City to the State. PREPARED BY Park Mors 336-4240 EXPLANATION DEPARTMENT City Manager Earlier this year the City Council heard a presentation by the State League of Cities on what was then called the Local Taxpayers Public Safety Protection Act. Petitions were being circulated statewide at the time and the proposal eventually qualified for the November, 2004 General Election Ballot as Proposition 65. During the summer of 2004, the Legislature's and Governor's efforts to resolve the budget crisis led to a somewhat similar ballot initiative being drafted and also placed on the November ballot. Referred to as Proposition 1A, this is now the preferred protection measure endorsed by the Governor and the League of California Cities. A resolution is before your Honorable Body tonight to formally endorse Proposition 1A. A series of attachments to this staff report answer technical questions about the operation of Proposition. Environmental Review ✓ N/A Financial Statement Passage of Proposition lA would serve to protect National City's revenue base. Account No. N/A STAFF RECOMMENDATION Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Supporting materials A-200 (9/80) RESOLUTION NO. 2004 — 190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING PROPOSITION 1A ON THE NOVEMBER 2004 GENERAL ELECTION BALLOT LIMITING THE ABILITY OF STATE GOVERNMENT TO TRANSFER MONIES FROM THE CITY OF NATIONAL CITY TO THE STATE WHEREAS, state govemment currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, the State of Califomia has systematically raided some $31,000,000 from the citizens of National City since 1981, as shown in the Attached Exhibit "A"; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local govemments have seriously reduced resources available for local fire and paramedic response, law enforcement, public health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition 1A is an historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local govemment funding; and WHEREAS, by protecting local government funding, Prop 1A would protect local public safety, healthcare and other essential local services; and WHEREAS, Prop 1A will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local govemment funding; and WHEREAS, Prop 1A does not reduce funding for schools or any other state program or service, and Prop 1A was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop 1A is supported by a bipartisan, diverse coalition including Governor Schwarzenegger; Democrat and Republican legislative leaders; local government officials; public safety representatives, healthcare, business, labor and community leaders; Resolution NO. 2004 — 190 October 5, 2004 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby expresses strong support for Proposition 1A, the statewide ballot initiative that will prevent the state from further taking local government revenues. PASSED and ADOPTED this 5th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Revenue Item STATE CONTINUING LOSSES Liquor license fees Highway carriers uniform business tax Financial aid to local agencies Business inventory property tax relief -reduction Business inventory property tax relief -repeal Cigarette tax shift to State Booking fees Property tax administration charges Fines and forfeitures-50% reduction Fines and forfeitures -shift to counties Cigarette taxes-47% shift to State Property tax -shift to State Trailer coach in -lieu -shift to State Cigarette tax -shift to State Net ptop .rty tax shift Sub -total STATE ONE-TIME LOSSES Cut in VLF-1981-82 Cut in VLF-I982-83 Cut in VLF-1983-84 Supplemental subventions TOTALS ESTIMATED REVENUE LOSSES DUE TO STATE BUDGET ACTIONS 1981 - 2004 Authorizing Legislation SBI02, Chapter 101, 1981 SBI02, Chapter 101, 1981 SB102, Chapter 101, 1981 AB 223, Chapter 323, 1983 SE 794, Chapter 447, 1984 SB 899, Chapter 467,1990 SB 2557, Chapter 466, 1990 SB 2557, Chapter 466, 1990 AB. 1297, Chapter 90, 1991 AB 1297, Chapter 90, 1991 SB 21, Chapter 331, 1991 SB 617 and SB 844, 1992 SB 617 and SB 844, 1992 SB 617 and SB 844, 1992 SB 1135 and AB 1519 SBI02, Chapter 101, 1981 SB 1326, Chapter327, 1982 SB 223, Chapter 323, 1983 AB 160, Chapter 449, 1990 Initial Continuing FY Initial Year Annual Effective CPI Loss Loss 81/82 272.4 81/82 272.4 81/82 272.4 83/84 298.4 84/85 311.1 90v91 400.9 90N1. 400.9 90/91 400.9 91/92 413.0 91/92 413.0 91/92 413.0 92/93 425.2 92/93 4252 92/93 4252 93/94 425.2 81/82 82/83 83/84 90/91 - Notes: Continuing and cumulative losses have been adjusted to reflect 2001 dollars using US. CPI. Excludes revenue losses applicable to Redevelopment Agency. Excludes additional shifts for FY 1993-94 estimated by Legislative Analyst as follows: Property tax cut One-time shill from Transportation Planning & Development Account Extension of 1/2 cent Saks Tax Net FY 1993-94 tax shift 272.4 289.1 298.4 400.9 l2 Cumulative Loss S31,987 S60,230 S 1,112,580 $11,414 S21,490 $397,000 S 115,785 $218,010 S4,027,210 S33,210 S57,080 $991,950 S59,504 $98,100 51,647,710 $12,814 516,390 5209,670 $421,000 $538,620 $6,889,870 527,290 $34,910 . S446,580 5167,234 8207,690 $2,494,340 581,879 $101,680 51,221,240 S56,760 570,490 S846,590 S244,644 $295,100 S3,306,590 52,823 S3,410 S38,170 $64,006 S77,210 S865,110 S281,000 $338,960 $3,517,010 $2,139,370 528,011;620 S315,000 $478,000 $604,000 . $68,000 S646,489 $924,353 S 1,131,615 594,830 52,139,370 530,808,907 $328,000 (5155,000) (552,000) $121,000 EXHIBIT "A" 5/30/03 W. JEFF GATEWOOD Founder,Oct.10,1868 JOHN D. SPRECKELS Publishcr,,1890-1926 COL IRA C. COPLEY Publishq 1928-1947 JAMES S. COPLEY Publisher,1947--1973 810 E The San Diego Union -Tribune • Friday, Septembi union -tribune. DAYID C. COPLEY Chairman and Publisher KARIN E. IrNINER Editor WILUAM OSBORNE Senior Editor/Opinion ROBERT A. KITTLE Editor of the Editorial Page ACOPLEY NEWSPAPER . HE LEN K. COPLEYPublishcr,1973-2001 EDITORIALS Yes on 1A, no on 65 Both measures protect local finances II1 or years the state has raided thefunds oflocal governments to help balance its books. On Nov. 2, voters will have an opportunity to curb Sacra- mento's predatory impulses. There are two conflicting ballot measures to achieve this worthy goaL But the sponsors of one of the measures now urge that it be re- jected and that the other proposi- tion be approved. Gov. Arnold Schwarzenegger and local government officials support Proposition IA It would prevent the state from siphoning localpropertytax rev- enues topayforother ENDORSEMENT programs, beginning in 2006. This proposed constitu- tional amendment could be sus- pended only if the governor de- clares a fiscal emergency, which must be upheld by a two-thirds vote of the Legislature. Any sus- pended local funding would have to be repaid within three years. Sacramento, moreover, would be compelled to pay for any state - mandated services or programs. -By contrast, Proposition 65, crafted earlier by local govern- ment officials, would require voter approval for any legislation that re- duced or transferred local tax rev- enues, based on Jan. 1, 2003, fund- ing levels. It also would permit lo- cal government officials to sus- pend state service mandates that Sacramento failed to fund. ELECTION 2g" years, which the governor, state lawmakers and local officials agreed would be fiscally impossi- ble. Consequently, the parties who helped put Proposition 65together opted for the more pragmatic ap- proach of Proposition 1A, which defers its funding restrictions until. 2006. The problem is that Proposi- tion 65 had already, qualified for the ballot So, the very coalition of. local governments that placed Proposition 65 on the ballot now urges voters to choose Proposition lA. In fact, the coalition has pro- vided the ballot argu- ment against Proposi- tion 65 in the supple- mental voters pam- phlet Because both measures are on the ballot, only the one receiving the most votes will be imple- mented. Proposition IA is the responsible way to help protect local public ser- vices without placing the state in a fisralstraitjacketThat'swhythisbi- partisan measure is supported by the governor, state Controller Steve Westly, a gaggle of public safety groups, the League of California Cities, the California State of Asso- ciation of Counties and the C.alifor nia Special Districts Association. This constitutional amendment will not raise taxes. Rather, it will help ensure that locally generated revenues will finance local ser- vices, such as police and fire pro- tection, paramedic response, Charles Kraatha Australia: 0 fall our allies in the world, which is the only one to have joined the United States in the foxhole in every war in the last 100 years? Not Britain, not Canada, cer- tainly not France. The answer is Aus- tralia. Australia not only shares a commu nity ofvalues with the United States.: understands that its safety rests ulti- mafrly on a stable international strut tore that, in turn, rests not on parch- ment treaties but on the power and credibility of the United States. Whic is whyAustralia is with us today in both Afghanistan and Iraq. Australian Prime MinisterJohn Howard has taken great risks and much political heat for bis support of America. There is a national election Australia on Oct 9 and the race is net and neck between Howard and labor Party leader Mark Lathan. Latham has pledged to withdraw from Iraq. This is a critical election not onlyfc Australia, but also for the United States. Think of the effect onAmei its frontline soldiers and its coalition ,- League of California Cities Page 1 of 1 2004-09-27 2004-05 California State Budget & Constitutional Measures After years of state raids on local funds, the local government coalition reached an historic agreement with Govemor Amold Schwarzenegger and legislative leaders in July that placed Proposition 1A on the November ballot. If approved by the voters, Proposition 1A will restore predictability and certainty to the funding needed for police, fire and other essential local services. Core Details of the Budget Agreement and Proposition 1A: ■ Cities, counties, special districts and redevelopment agencies will help the state solve its budget crisis by giving up $1.3 billion in local revenues in both FY 2004-05 and 2005-06 ($2.6 billion total). The cities' share of this loss will be $350 million for each of the two years. (Click here for a city -by -city breakdown of these losses.) ■ The state will continue to shift local property taxes to pay for schools (the "ERAF" shift - currently about $5 billion annually), but cannot shift any additional property or sales tax or vehicle license fees. ■ In an emergency, the state can borrow property tax from local government but only if prior loans have been repaid, and only twice within a 10 year period. • Eliminates current VLF backfill from the state general fund. Instead, provides these amounts to cities and counties from the countywide ERAF fund. ■ Vehicle license fees are statutorily capped at .65% of the value of a vehicle, and this revenue is dedicated to cities and counties. If the rate falls below .65%, the state is constitutionally obligated to backfill cities and counties for the difference between the new rate and .65%. • Constitutionally protects the rate and method of distribution of the local Bradley -Bums sales tax and Transactions and Use Tax. Guarantees payment of property tax backfill for Prop. 57 sales tax % cent suspension. Also guarantees return of % cent Bradley Burns sales tax when Prop 57 bonds retired. • Gives the Legislature the authority to authorize two or more local agencies within a county to exchange property tax and sales tax but only if the goveming bodies of each of those agencies approves a locally -negotiated exchange agreement. (See "Additional Resources" (below) for more information.) Additional Resources: Prgp 1A Non-Advocacv Newsletter; Prop 1A Educational Fact Sheet; Proposition 1A "Questions and Answers"; Local Government Agreement Proposal Comparison With Current Law, ; City -by -city impacts of $2.6 billion "contributions" to State - PDF; VLF -for -Property -Tax Swap Estimates 5.27.04 -PDF; May 12 Press Release - (See also the Resources Box on the lower right comer of the Website Home Page.) Need More Background on the State/Local Fiscal Relationship? Click Here! www.YesonProp1a.com The LOCAL Campaign Website www.citipac.org The League's political action committee last updated : 9/23/2004 3 http://www.cacities.org/story_displayj sp?displaytype=pf&zone=locc&section=&sub_sec=&tert=&story=... 9/27/2004 Proposition 1A: Protection of Local Government Revenues Proposition 1A is a constitutional amendment on the November 2004 statewide ballot that will end the practice of the state taking funds originally committed to local government to pay for state purposes. Background: Over the past dozen years, in both good economic times and bad, the state Legislature has shifted more than $40 billion in property taxes to the state from cities, counties, special districts and redevelopment agencies, in order to help pay for state responsibilities. The state has also loaned itself local money over the objections of local governments, leaving local communities struggling to fund all their services, including fire protection, paramedic response, law enforcement, healthcare, parks and libraries. Proposition 1 A: Prop 1A was placed on the ballot by the Legislature in August, as part of the budget package negotiated by Governor Arnold Schwarzenegger, legislators from both parties, local governments, public safety officials, healthcare advocates, taxpayers and community leaders. It will amend the state constitution to stop such shifts but will allow the state to borrow local funds during times of state fiscal crisis — but only if prior loans have been repaid, and only twice within a ten year period. What Proposition 1A Does: ✓ Restricts the State Legislature's ability to take this local govemment funding, including local govemment share of existing sales taxes, property taxes and VLF revenues. ✓ Protects this funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. ✓ Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, Legislature must repeal these state -mandates. ✓ Provides flexibility in a state budget emergency. Prop 1A allows the State to borrow this local govemment revenue if funds are needed in fiscal emergency to support schools or other state programs. What Proposition 1A DOES NOT Do: ✓ Does not raise taxes. Prop 1A helps ensure local governments don't have to raise taxes or fees in the future to make up for revenue taken by the State Legislature. ✓ Does not reduce funding for schools or any other state programs or services. ✓ Does not increase funding to local governments. ✓ Does not prevent the state from borrowing local funds in times of fiscal emergency, or shut the door to future reforms of the state -local fiscal relationship. For additional information, including "pro" and "con" ballot arguments and lists of supporters and opponents, please visit the State Secretary of State's website at www.ss.ca.gov. That website provides the following contact information for the "pro" and "con" sides: Proponents: Yes on 1A Californians to Protect Local Taxpayers and Public Safety 1121 L Street, Suite 803 Sacramento, CA 95814 (800) 827.9086 info(Cilvesonpropla.com• www.yesonprop1a.com Opponents: Carole Migden, Chairwoman State Board of Equalization 601 Van Ness Ave., #E3-611 San Francisco, CA 94102 Revised 9/7/04 oLEAGUE CITIES 1400 K Street, Suite 400 • Sacramento, Califomia 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Proposition IA - "Protection of Local Government Revenues": Constitutional Protection for Local Government Revenues Questions and Answers Senate Constitutional Amendment No. 4 (SCA 4) enacts substantial reforms to the legislature's ability to raid the local government shares of the property tax, sales tax and vehicle license fee to pay for state programs. It will appear on the November 2, 2004, general election ballot as Proposition 1A and be entitled "Protection of Local Government Revenues". This document contains key questions and answers about this important ballot measure, which is strongly supported by the League of California Cities. PROPERTY TAX Background: Proposition 13 reduced the property tax rate to $1.00 per $100 of assessed valuation. This single rate replaced the multiple property tax rates imposed by local governments prior to Proposition 13. The revenue from the $1.00 rate is shared in each county by the county, the cities, the special districts, and the schools. Each jurisdiction's share of the $1.00 rate was based originally upon the property tax rates in effect prior to Proposition 13. The shares have been modified over the years by the Legislature. 1. What's the basic protection for the property tax in Proposition 1A? Proposition 1A will end the practice of state raids on local property tax, by allowing only two loans within a 10 year period — and those may occur only if the state meets certain criteria. Specifically, Prop. 1A prevents the Legislature from reducing the combined property tax shares of cities, special districts, and the county, except to borrow the funds on a temporary basis to address a "severe state fiscal hardship". If, for example, on November 3, 2004, the property tax shares of cities, special districts, and the county of the hypothetical "California County" equaled 60% of property taxes collected in that county, the Legislature cannot pass a law that reduces the percentage below 60% except to respond to a significant state fiscal problem. Additional restrictions are: 8/4/2004 1 Revised 9/7/04 • The 2003 VLF GAP Loan must be repaid before borrowing could occur; • The loan could only occur twice within a 10 year period; • The loan ("the total amount of revenue losses") must be repaid with interest within 3 years, and prior loans must be repaid before borrowing could occur a second time within 10 years; • The amount of the loan is limited to no more than 8% of the total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year; and • The reduction could only occur with a 2/3 vote of the Legislature. 2. Can the Legislature continue to reallocate property taxes on the local level? Yes, but with a significant new restriction on that ability. Since the passage of Proposition 13, the Legislature has had the power to reallocate property taxes among focal governments, but its major experience with this over the last 25 years has been to allocate city, county and special district shares of the property tax to schools through ERAF and reduce state general fund support for schools. Proposition 1A would prevent future transfers of local government shares to schools (except on a temporary basis, when the funds may be borrowed, as explained in questions 1 and 4). However, the state retains the authority to transfer property taxes among cities, counties, and special districts with a 2/3 vote of the Legislature. Under current law, the state can make this type of transfer with a majority vote of the Legislature. 3. Could the state reallocate property taxes in order to fund a state mandate? No. The amendments to Section 6 of Article XIII B of the state constitution specify that, "Ad valorem property tax revenues shall not be used to reimburse local government for the costs of a new program or higher level of services." 4. Does Proposition 1A allow the state flexibility to respond to a significant state fiscal problem? Yes, by allowing the state to borrow local property tax if it first meets the criteria identified in Question #1. Beginning in the 2008-2009 fiscal year, if the state has already paid cities and counties the amount owed•from the 2003-04 VLF Gap Loan (est. $1.22 billion), the governor may issue a proclamation that declares that there is a "severe state fiscal hardship" that requires the state to temporarily suspend Proposition 1A's basic protection for the property tax. Next, the Legislature must first adopt a statute with a 2/3 vote that contains a suspension of the basic protection for that fiscal year only. Then it must adopt a separate statute that requires the state to repay cities, counties, and special districts the total amount of property tax loss caused by the suspension within three years. 8/4/2004 2 Revised 9/7/04 5. What will suspension of the property tax protection in Proposition 1A allow the state to do? During the one-year period of a suspension, the state can take property taxes from cities, counties, and/or special districts ("local agencies") and transfer them to the schools or to some other agency that operates within the county in which the property taxes were generated. This transfer will reduce the protected property tax percentage. However, the reduction may not result in a property tax Toss that exceeds 8 percent of the total amount of property tax allocated to cities, counties, and special districts in the previous fiscal year. Currently this percentage is the equivalent of roughly $1.3 billion. 6. When will local agencies be repaid if property tax is taken during a suspension period? No later than the end of the third fiscal year following the fiscal year to which the reduction applies. For example, if the reduction applies in the 2010-11 fiscal year, then repayment must occur no later than June 30 of 2014. Repayment will be for the "total amount of revenue losses" including interest. 7. Can the Legislature suspend the Proposition 1A protection each time there is a "severe state fiscal hardship?" No. Suspension of the protection may only occur twice in a ten-year period; and only if the VLF Gap Loan amount has been repaid; and only if any prior suspension of property tax has been repaid with interest. 8. Why was the redevelopment property tax increment not explicitly protected in the final version of SCA 4? It was the opinion of key legislators and legislative staff that Article 16, Section 16 of the state constitution, already protects the redevelopment property tax increment. Further, the Governor insisted on the inclusion of language in the ballot arguments for Proposition 1A that declares that the redevelopment increment is already protected by the state constitution. SALES TAX Background: The sales and use tax laws allow cities and counties to impose the basic 1% sales tax as well as a variety of other use taxes such as taxes for transit, jails, open space, etc. The basic 1 % rate is distributed back to the jurisdiction in which it was collected. Both cities and counties may increase the sales and use tax by one -quarter cent for general governmental purposes with a majority vote. Last year the Legislature 8/4/2004 3 Revised 9/7/04 suspended one -quarter cent of the basic 1% sales tax until the state's fiscal recovery bonds are repaid. 1. What's the basic protection for the sales and use tax in Proposition 1A? Proposition 1A prevents the state from borrowing or taking local sales and use taxes. While the measure allows the state to borrow local property shares after meeting specific criteria, Prop. 1A does not allow the state to reduce the current funding that local governments receive from sales and use tax or require that sales tax revenues be distributed based upon population rather than the location or in any other way restrict a city or county from imposing sales and use taxes in accordance with existing law. 2. What about the current suspension of one -quarter cent of the sales tax occurring as a result of the passage of Proposition 57? Does Proposition 1A require the suspension to end when the fiscal recovery bonds are repaid? Yes. Proposition 1A prevents the state from extending the period during which the one -quarter cent is suspended; from failing to pay the property tax backfill during the period of suspension; and from failing to restore the full sales tax rate when the bonds are repaid. 3. Can the state take any action that affects the sales and use tax? Yes. It gives the Legislature the authority to authorize two or more local agencies within a county to exchange property tax and sales tax but only if the governing bodies of each of those agencies approves a locally -negotiated exchange agreement. Voter approval is not required to make the exchange. Additionally, the Legislature can change how sales tax is distributed if the change is required by federal law or to participate in an interstate agreement that addresses payment of sales tax. VEHICLE LICENSE FEE Background: The constitution currently guarantees all VLF revenue to cities and counties. No particular amount of revenue is guaranteed, however, because the amount depends upon the VLF rate that is set by the Legislature. The current VLF rate is 2%. Over the past several years, the Legislature has reduced the portion of the 2% rate paid by the taxpayer and made up the difference to cities and counties through a backfill of state general funds. During this fiscal year, cities and counties have not received a backfill of state general funds even though the taxpayer is paying only 1/3 of the 2% rate (0.65%). Under Proposition 1A, cities and 8/4/2004 4 Revised 9/7/04 counties will receive these funds in the form of increased allocations of the property tax beginning in this fiscal year. 1. What is the basic protection for the VLF in Proposition 1A? Proposition 1A constitutionally guarantees VLF revenue to cities and counties at the rate of 0.65% of the value of a vehicle. This is a significant change for cities and counties since the constitution currently allocates the VLF to cities and counties but no specific rate is guaranteed. The Legislature will decide how much of the VLF will pay for realignment programs and how much will be distributed for general purpose local government programs. 2. What happens if the Legislature lowers the rate below 0.65%? Proposition 1A requires the Legislature to enact a law that provides for an allocation to cities and counties equal to the difference between the revenues received from 0.65% rate and the lower rate. 3. What will cities receive in place of the 2004-05 states General Fund VLF backfill? Beginning in the FY 2004-05 fiscal year, cities and counties will receive property tax, instead of VLF backfill from the state general fund, in an amount equal to the difference between revenues that would be received from the VLF at the 2% rate and the revenue received from the VLF at the 0.65% rate. The additional property tax in lieu of VLF will be provided to each agency from the countywide ERAF fund. The first receipt of this additional property tax will occur in the January distribution of the FY 2004-05 property tax. Beginning in FY 2006-07 and continuing each year thereafter, the amounts received will increase at rates corresponding to the rate of increase in each jurisdiction's gross assessed valuation. The entitlement to backfill is in a statute, not in the Constitution, but the new property tax has the same protections as other parts of the property tax (see Property Tax section). MANDATE REFORM Background: The Constitution requires the state to reimburse local governments for state -mandated programs. The Legislature has sometimes "suspended" the mandate, rather than reimbursing local governments. There are a group of mandates that the state has determined require reimbursement for which the Legislature has never reimbursed local governments. Finally, the Legislature has not reimbursed local governments when it transfers additional responsibility for a state program or service to local governments when the local government already had partial responsibility for that program or service. 8/4/2004 5 Revised 9/7/04 1. Does Proposition 1A strengthen the requirement to reimburse cities, counties and special districts for the costs of state -mandated programs and services? Yes. Beginning in 2005-06, in each fiscal year's budget, the Legislature must either appropriate sufficient fund to reimburse local governments for their costs of complying with a mandate or suspend the operation of the mandate for that fiscal year. 2. Does the "fund or suspend" requirement apply to all mandates? No. There are two exceptions. The first is for employee and employee organization related mandates. The second is for costs incurred prior to the 2004-05 fiscal year that have not been paid prior to the 2005-06 fiscal year. These costs may be paid over a five-year period beginning in 2005-06. The five- year period is established in statute, not in the Constitution. 3. What happens when the state transfers additional responsibility for a program or a service that the local government already had some responsibility for? Proposition IA defines "mandate" to include a transfer of additional responsibility for a state program or service. 8/4/2004 /0 6 Revised: 7/29/2004 PROPOSED LOCAL GOVERNMENT AGREEMENT Current Law Agreement Statutory/ Constitutional VLF Rate Currently at 2% Reduced to 0.65% statutorily and property tax backfill provided between 0.65% and 2% Statutory Backfill if VLF Reduced None Backfill provided if rate reduced below 0.65% Constitutional Increases in VLF Rate Set at 2% in statute. Can only be used for city or county purposes. Constitutionally guarantees 0.65% for cities and counties. Constitutional VLF Gap Loan Repayment Statutorily required in 2006 07. Statutorily required in 2006- 07. No future property tax loan/sus nsion if un aid Statutory None. Legislature may reallocate at will to ERAF and among agencies. City, county, special district. No further protections for RDA beyond existing provisions of Art. 16, Sec. 16 of state constitution. Constitutional Agencies Protected Reallocation Among Local Agencies Legislature can reallocate by simple majority vote, including to ERAF or other state fund. Local share (non- Constitutional school/ERAF) may be reallocated by 2/3 votes to other local govts. In a county. Legislature may not reallocate to increase school or ERAF share. Reallocation of property tax may not be done to support state - mandated programs. Suspension Trigger None. May take permanently at will. Beginning in 2008-09, if Governor proclaims "significant state fiscal hardship." Constitutional Suspension Vote Needed Simple majority to take permanently — no repayment. 2/3rds vote — separate bill providing for repayment. Constitutional Suspension Limits None. May take permanently at will. --No more than 2 times in 10 years. --No loan until VLF Gap loan and previous suspension loan paid. --Cap of 8% of local share of property taxes ($1.3 billion today). Constitutional Repayment terms No provision for repayment. Legislature must pass a statute to fully repay loan with interest (as provided by law) within three fiscal years. Constitutional /I Current Law Agreement Statutory/ Constitutional Protection None. Legislature may reduce rate or change method of distribution. Prop. 57 triple flip % cent sales tax not protected Protects the rate and method of distribution of the local Bradley -Bums sales tax and Transactions and Use Tax. Guarantees payment of property tax backfill for Prop. 57 sales tax % cent suspension. Also guarantees return of 'A cent Bradley Bums sales tax when Prop 57 bonds retired. Constitutional Reallocation May be allowed. Law None Constitutional D+-J." Scope --Consequence of Nonpayment None Statute imposing mandate is suspended if no state funding except for specified employee rights and benefits. Applies only to city, county, special district mandates. Constitutional Mandate Definition State may shift costs to local govemments without triggering reimbursement Clarifies mandate definition to include cost shifts from the state to locals. Constitutional None Legislature may approve a statutory framework for voluntary exchanges of property tax and sales tax. Constitutional 2 City/County Revised 20Sept2004 Allocation Allocation Allocation Initial Adjust for FY04-05 State %ofFY02 Based on Based on Based on Allocation on 2% floor & General Fund General PropertyTax SalesTax VLF 1/3-1/3-1/3 4% cap Contribution Revenues HESPERIA 12,626 124,313 261,389 398,328 - 8,712 389,616 3.6% HIGHLAND 140,438 31,704 183,461 355,604 - 52,940 302,663 4.0% LOMA LINDA 26,893 75,789 78,983 181,666 - 3,973 177,693 3.3% MONTCLAIR NEEDLES ONTARIO RANCHO CUCAMONGA REDLANDS RIALTO 54,569 326,192 136,451 517,212--__---11,312------------ 505,900-------- 2.9% 573,093 119,122 295,706 148,809 1,208,786 432,120 279,549 233,511 650,799 576,044 265,092 379,753 2,432,678 - 53,205 1,127,286 - 24,655 840,347 -18,379 762,073 - 16,667 2,379,473 1,102,631 821,968 745,406 2.9% 2.6% 2.3% 3.2% SAN BERNARDINO TWENTYNINE PALMS UPLAND VICTORVILLE YUCAIPA YUCCA VALLEY SAN DIEGO COUNTY 285,649 858,545 763,755 1,907,948 -41,729 1,866,220 2.4% 46,262 19,652 109,876 175,790 - 3,845 171,945 4.0% 244,109 226,879 282,972 753,960 - 16,490 737,470 3.3% 17,477 450,586 300,691 768,754 -16,813 751,940 3.3% 174,574 50,450 175,500 400,525 -50,006 350,519 4.0% 66,233 66,248 70,635 203,116 - 4,442 198,674 3.4% CARLSBAD CHULA VISTA CORONADO DEL MAR EL CAJON ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE t� NATIONAL CITY OCEANSIDE POWAY -------------------- SAN DIEGO SAN MARCOS SANTEE SOLANA BEACH VISTA SAN FRANCISCO COUNT SAN FRANCISCO ESCALON LATHROP 884,170 659,264 352,237 1,895,670 -41,460 1,854,210 2.5% 553,215 569,108 764,243 1,886,566 -41,261 1,845,305 2.8% 393,802 58,001 104,278 556,081 - 12,162 543,919 2.4% 78,500 37,405 18,116 134,021 -2,931 131,090 2.1% 173,776 593,883 388,104 1,155,764 -25,278 1,130,486 3.1% 637,243 301,373 251,879 1,190,496 -26,037 1,164,458 3.2% 245,884 778,562 549,109 1,573,554 -34,415 1,539,139 2.9% 63,076 19,045 110,833 192,954 - 4,220 188,734 3.0% 132,027 346,933 223,595 702,555 - 15,366 687,189 3.2% 54,910 127,833 102,092 284,835 -6,230 278,606 3.1% 80,632 424,711 233,517 738,861 -16,160 722,701 ✓ 2.9% 718,217 388,006 670,278 1,776,501 - 38,854 1,737,647 2.8% 229,617 257,988 199,307 686,912 - 15,023 671,888 3.2% 6,727,268 5,469,147 5,040,043 17,236,457 - 376,977 16,859,480 2.9% 52,005 297,826 254,766 604,596 - 13,223 591,373 2.3% 219,347 180,270 215,810 615,426 - 13,460 601,967 3.6% 147,094 70,510 55,799 273,403 -5,980 267,424 3.3% 247,680 304,649 369,007 921,335 -20,150 901,185 2.9% 9,559,463 22,140 62,309 20,308 25,454 61,459 46,273 67,902 - 1,485 170,041 - 3,719 66,417 3.3% 166,323 2.1% LODI MANTECA RIPON STOCKTON TRACY 228,253 248,660 238,413 128,961 192,798 220,118 715,326 - 15,645 541,877 - 11,851 699,681 530,025 2.6% 22,748 45,864 44,635 113,247 - 2,477 110,770 806,649 940,885 1,017,938 2,765,473 - 60,483 2,704,989 2.5% 298,338 281,114 262,060 841,512 - 18,405 823,108-------- 3.7% 3.5% californiacityfinance.com page 9 of 13 2.3% .EETING DATE City of National City, California COUNCIL AGENDA STATEMENT OctnhPr 5, 2004 8 AGENDA ITEM NO. -ITEM TITLE A Resolution of the City of National City approving change order number seven in the amount of $16,047 for the installation of Westnet First Alert and Communication System instead of a Motorola System for the Fire Department Construction Project and authorizing the Acting Director of Public Works/Engineering to sign the change order on behalf of the City PREPARED BY Stephen Kirkpatrick DEPARTMENT Public Works/Engineering 336-4383 EXPLANATION See attached explanation. CEnvironmental Review X N/A Financial Statement Approved By: Change order number seven is for $16,047. Funds are budgeted for these change orders in the project account number 250-409-500-598-1588 and 302-409-500-598-1588. Finance Direc Account No. 5> STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order Number Seven Resolution No. A-200 i9: 99',) Explanation: The plans and specifications for the Fire Department used a performance specification for the first alert system to be used in the new Fire Station. (For clarification, the first alert system is the system tied into Heartland dispatch to notify fire personnel of needed emergency response.) Heartland Dispatch exclusively uses a system manufactured by Westnet Inc. for the 34 Fire Stations for which they service. The contractor used in their bid a system manufactured by Motorola. Motorola claims their system performs as specified. They have submitted all the documents, short of the connection with Heartland's system, that shows that it will work as specified. However Heartland does not want the interface with their system. They are also concerned about maintenance and serviceability of the two systems. In short, they want to stay consistent and use the Westnet First Alert system. The City Fire Department concurs with Heartland's request. Motorola understands the issue and is accepting given the circumstances described. The cost difference between Motorola and Westnet is approximately $16,000. There are funds available within the contingency budget for the project. Although this has been a difficult negotiation resulting in an increase to the contract, it has actually resulted in a savings to the City. When we contacted Westnet during the design phase they quoted a cost of $75,000. That number seemed high to the design team. The team believed the number was high because Westnet believed they were the only acceptable alerting system. By not sole -sourcing in the bid documents, the competition has now resulted in a total cost of approximately $46,000 for the Westnet system. (Motorola's system was $30K, which is included in the base bid, and this change order for the additional $16K.) This is the seventh change order for this project. All seven are summarized in the following table: CCO Number Cost Impact Description One ($5,240) 1. Provide additional abatement of floor mastic materials found to contain asbestos in the existing Fire Station building during demolition. - $12,660 2. Modifications to the SDGE point of connection. — ($1,448) 3. Portion of the connection water connection and capacity fees being charged to the City. — ($16,452) Two $1,801 Addition of a 2-inch backflow preventer to the water service for the water reclamation tank. Three $23,662 Construction of a modified cul-de-sac at the north end of C Avenue. Four $13,231 Installation of a brass slide pole from the second floor to the fire equipment area for firefighter personnel. Five -$8,483 1. Excavate, remove, and dispose for unforeseen concrete vault on site - $509 2. Modify retaining wall footings. -$16,720 3. Stair modifications for closing in risers at training area- $1,404 4. Unforeseen expansive soil impact to grading operations - $2,725 5. Additonal work and materials due to loose soils at northern training area wall. - $2,015 Six $4,713 1. Extend sewer line of inlet side of oil/water seperator - $1.101 2. Added 6x6 psts and 6x12 beam, including all hardware at Interior stair connection. - $646 3. Add a traffic rated precast concrete lid for the drafting tank. - $1,924 4. Add Brick pilaster south entrance on C Avenue. - $1,042 Seven $16,047 1. Westnet Alerting System in lieu of Motorola. The aggregate total of the four change orders is $45,731. Funds are budgeted for these change orders in the project account number 250-409-500-598-1588 and 302-409-500- 598-1588. As shown in the attached February Council report, a total of $600,000 was budgeted for contingencies such as this as they arise during construction. The remaining contingency balance is approximately $535,000. (Includes a required design and construction manager contingency expenditure). RESOLUTION NO. 2004 — 191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE CHANGE ORDER NO. 7 WITH MARCOTTE & HEARNES BUILDERS, INC. IN THE AMOUNT OF $16,047 IN ORDER TO OBTAIN A FIRST ALERT SYSTEM FROM WESTNET FOR THE NATIONAL CITY FIRE DEPARTMENT CONSTRUCTION PROJECT (Engineering Specification No. 1029) WHEREAS, on February 17, 2004, the City Council approved Resolution No. 2004-31, awarding the contract for the construction of the National City Fire Department to Marcotte & Hearnes Builders, Inc.; and WHEREAS, the Fire Department's first alert system is tied into Heartland Dispatch which uses the Westnet first alert system; and WHEREAS, the contractor used in their bid a first alert system manufactured by Motorola which performs as specified to the plans and specifications for the Fire Department; and WHEREAS, Heartland will not allow Motorola's system to interface with the system they have with Westnet due to maintenance and serviceability issues. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to execute a change order with Marcotte & Heame Builders, Inc. in the amount of $16,047 in order to obtain a first alert system from Westnet for the National City Fire Department Construction Project. PASSED and ADOPTED this 5th day of October, 2004. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor Heartland Communications Facility Authority Fire Station Alerting System Specifications August 2004 Overview Heartland Communications Facility Authority (HCFA) is a Joint Powers Authority (JPA) that provides Fire Dispatch services to the various members of the Authority. These services include, but are not limited to the receipt and handling of 9-1-1 and other telephone calls for emergency Fire and/or emergency Medical services, as well as the alerting, dispatch, tracking and communications support of responding Fire field units. In order to provide these services in the most cost effective and efficient manner to all Authority members, HCFA utilizes certain standard technological and operational tools and resources. One of the standard technological tools is the standard Fire Alerting System (FAS). This system consists of certain equipment at each Fire Station, which is connected to the HCFA Computer Aided Dispatch (CAD) System via various communications links, which provides the ability to alert individual Fire Stations of their need to respond to a call for service. Station Equipment Specification Itation equipment associated with the FAS consists of two major components; a Linksys IP Print Server and a First -In Station Alerting Device. The Print Server is a Linksys model PPSX1. This unit is used solely for printing out the response information when a call for service is received. The printer can be any Windows compatible printer. The recommended printer is an HP 1300 series. This is an instant -on laser printer. The Station Alerting Device is a First -In MCU Station Alerting Unit manufactured by WestNet. The First -In unit allows for various levels of station alerting; from a verbal announcement to a full lighting and relay package. The level of alerting for each station is determined by each individual Authority member. Support HCFA has standardized these specific units to provide compliance with NFPA 1220 for circuit supervision. Interfaces and custom programming was performed to provide a seamless connection to this equipment. Whereas each individual Authority member is responsible for the purchase and maintenance of Station equipment described above, HCFA staff has been trained to troubleshoot most issues that may arise with this specific equipment and facilitates overall support of the equipment as part of their support for the FAS in general. Questions regarding this standard should be directed to the HCFA Systems Manager at 619-441-1624. CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: September 16, 2004 TO: Stephen Kirkpatrick, Acting Director Engineering/Public Works FROM: Donald Condon, Battalion Chief SUBJECT: Station 34 - Fire Station Alerting System The National City Fire Department is a Joint Power Authority (JPA); member of Heartland Communications Facility Authority (HCFA). As such all ,JPA agencies and current contract agencies utilize one type of Station Alerting System (SAS). The SAS, which was mutually agreed upon and put into operatiOls, was the First -In system manufactured by WestNet. With all agencies utilizing the same system has allowed for HCFA's Computer Aid Dispatch (CAD). System to be interface consistentiy with all agencies. This also allowed for training of HCFA dispatch personnel in operating and troubleshooting of the system. National City Fire Department (NCFD) currently owns and operates the WestNet, First -In system. NCFD personnel are familiar with this system. I would be apposed to utilizing a system, which is not consistent with our current First -In Station Alerting System for several reasons. 1) By utilizing a different system NCFD would loss the ability to work with HCFA dispatch staff in troubleshooting system difficulties. Currently we have 24 hour 7 days a week access to assistant with the First -In system though HCFA personnel. 2) The potential for inconsistence with system operations. HCFA's CAD system, which currently has programming for complete operation on the WestNet, First -In system. 3) Additional training of NCFD personnel in a different SAS. This could lead to confusion with operations and troubleshoot, confusion between_ two different operating systems. Chuck Alexander, Systems Manager for HCFA has provided us with additional information regarding station alerting. Please see attachment. Please let me know if addition information in required. Thank You $ Heartland Communications Facility Authority Fire Station Alerting System Specifications August 2004 Overview Heartland Communications Facility Authority (HCFA) is a Joint Powers Authority (JPA) that provides Fire Dispatch services to the various members of the Authority. These services include, but are not limited to the receipt and handling of 9-1-1 and other telephone calls for emergency Fire and/or emergency Medical services, as well as the alerting, dispatch, tracking and communications support of responding Fire field units. In order to provide these services in the most cost effective and efficient manner to all Authority members, HCFA utilizes certain standard technological and operational tools and resources One of the standard technological tools is the standard Fire Alerting System (FAS). This system consists of certain equipment at each Fire Station, which is connected to the HCFA Computer Aided Dispatch (CAD) System via various communications links, which provides the ability to alert individual Fire Stations of their need to respond to a call for service. Station Equipment Specification Station equipment associated with the FAS consists of two major components; a Linksys IP Print Server and a First -in Station Alerting Device. The Print Server is a Linksys model PPSX1. This unit is used solely for printing out the response information when a call for service is received. The printer can be any Windows compatible printer. The recommended printer is an HP 1300 series. This is an instant -on laser printer. The Station Alerting Device is a First-1n MCU Station Alerting Unit manufactured by WestNet. The First -In unit allows for various levels of stationalerting; from a verbal announcement to a full lighting and relay package. The level of alerting for each station is determined by each individual Authority member. Support HCFA has standardized these specific units to provide compliance with NFPA 1220 for circuit supervision. Interfaces and custom programming was performed to provide a seamless connection to this equipment. Whereas each individual Authority member is responsible for the purchase and maintenance of Station equipment described above, HCFA staff has been trained to troubleshoot most issues that may arise with this specific equipment and facilitates overall support of the equipment as part of their support for the FAS in general. Questions regarding this standard should be directed to the HCFA Systems Manager at 619-441-1624. Heartland Communications g.j. .. ....... ..... .. .__.. ga. Facility Authority Fire Station Alerting System Specifications August 2004 Overview Heartland Communications Facility Authority (HCFA) is a Joint Powers Authority (JPA) that provides Fire Dispatch services to the various members of the Authority. These services include, but are not limited to the receipt and handling of 9-1-1 and other telephone calls for emergency Fire and/or emergency Medical services, as well as the alerting, dispatch, tracking and communications support of responding Fire field units. In order to provide these services in the most cost effective and efficient manner to all Authority members, HCFA utilizes certain standard technological and operational tools and resources. One of the standard technological tools is the standard Fire Alerting System (FAS). This system consists of certain equipment at each Fire Station, which is connected to the HCFA Computer Aided Dispatch (CAD) System via various communications links, which provides the ability to alert individual Fire Stations of their need to respond to a call for service. Station Equipment Specification Station equipment associated with the FAS consists of two major components; a Linksys IP Print Server and a First -In Station Alerting Device. The Print Server is a Linksys model PPSX1. This unit is used solely for printing out the response information when a call for service is received. The printer can be any Windows compatible printer. The recommended printer is an HP 1300 series. This is an instant -on laser printer. The Station Alerting Device is a First -In MCU Station Alerting Unit manufactured by WestNet. The First -In unit allows for various levels of station alerting; from a verbal announcement to a full lighting and relay package. The level of alerting for each station is determined by each individual Authority member. Support HCFA has standardized these specific units to provide compliance with NFPA 1220 for circuit supervision. Interfaces and custom programming was performed to provide a seamless connection to this equipment. Whereas each individual Authority member is responsible for the purchase and maintenance of Station equipment described above, HCFA staff has been trained to troubleshoot most issues that may arise with this specific equipment and facilitates overall support of the equipment as part of their support for the FAS in general. Questions regarding this standard should be directed to the HCFA Systems Manager at 619-441-1624. 7 suo [VLSI; ON ;::;d/:X:.L t:07 60/60 ee Technology Resource Center 2101 E. 4th Street, Suite 130A Santa Ana. CA 92705 Ph. 714-542-1004 Fx 714-542-1332 23, 2004 File: Marcotte 826.doc Wayne Powderly Project Manager Marcotte-Hearne Builders Phone: 858-793-4101x107 Subject: Section 16821 Motorola Compliance Dear Wayne, Per our conversation with the architect attached you will find the Dorm Room (CP4/A) with embedded speakers with full functionality. This will eliminate ar outstanding issues with compliance with Section 16821. Controller y To complete the design, we will be providing both the CP4/A Touch Panel interfaced with a NI-3000 integrated controller for complete functionality. As you are aware, Bogen does make a door bell to meet the architects issue:and will be included. To date, to finalize the design and address interface issues, we have spent (40) man- hours or S3,400. Please advise. If you have any questions or comments, please do not hesitate to contact me number is (714) 542-1004. Sincerely, Mark Serres Project Manager File: Marcotte P42304R1.doc 1 My 8/26/2 004 8/8d WdGt':zo r;aa? 20 .dS z0ti1726L : '0N Xbd ON I Se0G-I I ns 3NaJEH 311e02ldN : N0'ld Loci@ tpLoG ON x6/xl] t,0070/61) flu g 31 04 02:38p thi OTROINC. MU Techrio 1, ogy Resource Cen-aer, Inc 2101 ;East 4th St_ Suites 130A Santa Ana, CA 92705 USA Voice' (7141 542-1004 Fax: (714) 542-1332 Sold To; Marnotte & Hearne Builders 11896 Sorrento Valley Road !Smite 200 !San Diego, CA 92121 aistOrnerlD: MHD35C0 C4istornerPO 04-0013-48 '11 Qifantity I —1 1 1.00 item Engineering Payment Terms C.0.0. Description Tech Resource Center 714 542 1332 Due Date 8/31/04 p.4 Invojcp-, nvoice Number: invoice Date: -,.11c7 21, Page: Sales Rep ID Engineering Services for the Fire Alerting project @ National City fire Station #34 Check No: Unit Pric 3,40.7-00 Subtota Sales Ta Total Invoice Amoun Payment Receive TOTA Extension 3,400.00 . - - - - - 3,400,00 3,4.00.00 0.00 3,402 7 8/Ld NcIBV:D21 1700E 20 'c1S EOTR2U.: 'ON XUA DNI seecninu aNetipH 3i1o3eibk: Noe3A R:.R 31 04 02: 37p Tech Resource Center 7:4 542 1332 MAROOTTE HEARNEr BUILDERS, 1NC. PROJECT WORK ORDER/PURCHASE ORDER Date: 19-Aug-04 $u be ontractor: }technology Resource Center a101 E. 4th Street, Suite 130A Santa Ana, CA 92705 ,attention: Mark Serres 0(-1 714-542-1004 FX 714-542-1332 Job No.: 04-003 PWO/PO Agreement No.: 04-003-48 Master Subcontract Agreement No.: 256 (Those numtwra must sappy*, on aN Involc*a) Project Name & Address: National City Fire Station ix34 333 E lath Street National City, CA 91950 Scope of Work: STATION ALERTING SYSTEM The scope of this work includes but Is not necessarily limited to the following noted Items. 11) Furnish and install the etian Alerting System per.plans end specifications (2) Include all components, wi ng. lighting, Speakers. controllers, remote, Infared devicee, accessories, Tacklers, relays, taxes, shipping training for end user, etq__s required for a complete system. Qtandard Inatuslons: Coordination with other trade* (2) Clean Up on a daily basis (3) Taxes included (4) Warranties (5) Layout 8) Noisting and Life equipment for own work (7) Protection of adjacent surfaces18) All work to be done in accordance with the rules and regulations f the state end localyoveming authorities of this prefect. (9) Prevailing wee and weekly certified payroll (10, Project Closeout Documentation and As-Bullts (11) Addendum ) Exctasion5' 1LPermitts (2) bonds (3) knox boxes (4) rough In of conduit and power supply. Attachrrtant (A): Drawing & Spec Log AAttachment (8): Project Schedule (attached) Attachment (C)- Additional Insured ,Attachment (0)- Payment .Attachment (E)- Certified Payroll - Levis. Bacon determinations Total Contract Amount: s 24,764 ''this Project Work Order / Purchase Order is a binding agreement between Marcotte — Hearne Builders, Inc. and the slgnee under the provisions previously made within the Original Master Subcontr t Agree nt Number 256 dated August 19, 2004 on file in our Office. azueco' n rac`lor signature Title Dat: Morcott& + Hearne Build Inc. Protect kfanager. / Date 11696 Sorrento Vaney Rd Ste. Zan, San t7lega, GAr92121 Tel, 050-793-A101 ® 0 ?d WcCI:2© t'23 Ti '5,10 Et3it' £6L 13S9: 'OH ?SHd S/9d Wd8G:SO GOOF 20 'deg i.OTti£6L: '0N Xbd DN Fax: e793-4102 349O3H 31.i.O elttw: t33 2. S l3Q1 I na 3N�IH3H 3110Jd'iW : NONd Sli it J tb:ih IjN August 18. 2004 Mark Serres "i'echnnlogy Resource (:enter 2101 E. 4" Street; Sui e 130A Santa Ana, CA 92705 Fld 714-542-1004 FX 714-542-1332 MARCOTTE HEARNE BUILDERS, INC. National Ci Letter of in Job No. 04-0 rcut:te +Hearne:Hi i.etter of Intent to con Terms and conditions agreement and the Fri immediately in order Insurance certificates + Hearne Builders, In insurance ducttmouta.t. Respectfully MARCOTTE + BE Wayne Powderly Project Manager 114943 So Fire Station 434 t 3 'lders has beer awarded the National City Fire Station lf34 project This letter had serve as n act with Technology Revource Center For the Station Alerting System on is project. or the construction contract will he per Marcotte •I- j-icnrtac Builders standard s bet -attract c contract with the owner. Submittals Should be submitted to Marcortc -e1-Ie, to Bnilders stay within the allowed tithe frame outlined in the contract documents. ust be provid=d prior to the start orally tidd work. The insurance certificate , ust name Marctitte ., and Nationit City es additional Insured, see attachment. If you have any que Lions related to tbe )n, please feel free to contact Marianne Thomas at (858) 793-4101. 1INE BUILDERS, INC. This Letter ailment is understood, accepted id agreed to. TRC l ! �j By: `/�✓U Date: 7� 0 `f Title; Please fax hack to M+JIB at 858-793-4102 mo Valley Rt1, Ste. 200, San Diego, CA 92121 Tel. 858-793-aio1 Fax; B68-93-4102 ^o/Sd Nd8V:Z0 frBBZ c70 'daS 11 EOL17£6L : 'ON XHd DNI S?J r1 I f1H 2NNUDH d110D&Ht•1: NOeld 0 0 {L3E ON L • . NOTES: Prepared By: Dawn Matheny Terms are 40% down. 50% upon delivery. 10% upon occeptance. In the event that taxes. other than sales tax apply to the purchase of this equipment, said taxes will be paid by the customer. QUOTE IS BASED ON A PROPERLY WORKING CAD AND RADIO SYSTEM AND DOES NOT INCLUDE COSTS FOR REPAIR OR MODIFICATION OF THE CAD OR RADIO SYSTEMS. SEE ATTACHED STATEMENT OF WORK. IMPORTANT - Any equipment drawings included with this quote are for quoting purposes only and are not to be used as working drawings unless such drawings ere labeled "Installation Drawings". !Warranty is in Huntington Beath See attached Limited Warranty. 1ALL TERMS TO BE DECIDED AND UPHELD UNDER UNITED STATES ;LAW Note Parts Total: Labor Total: Tax; Tax Rate: Freight Charge: Total: If payment is not received by 3 U (thirty) days from the date o. invoice, a late charge of I 59'i, per a unpaid balance will be charged to that pctrticular invoice. Friday, September 03, 200,1 We accept VISA and MasterCard $25.312.g2 S9.665.00 S1,961.75 7 75 S125.00 $37,064.67 ,nth of die Page 2 of 2 8/17d Wd817:ZO bOOE 20 das 121-C 1726d_ : ' ON Xt:i.d ONI saanins DNHU3H 3110DNHW: W023.1] co (P] ( L:35 oii iJ i3 i t =:i bCoz! o/i 0 WESTNET, Inc. 16581 Rorke Lune Huntington Beach, CA 92647 To: Wayne Powderly Marcotle & Hearn Builders, Inc. 11696 Sorrento Valley Rd., Ste 200 San Diego CA 92121- Phnne # (858) 703-4101 Fax # (858) 793-4102 Quote Phone 1774) 8 1-3000 F'rx (714) 8 1-3008 QunteiViemher•: 127 5 Order Date: 9/3f 004 Shipping Method: L:Od; We.. net Terns: See Below Delirery Date: 90-1 r0 Days ARO National City Fire Station 34 Fire Station Alerting System. Quote includes cabling, termination and device Install _ the equipment enumerated in this Quote. Quote has been revised from original Quote 12594 to reflect the deletlo of the Master Control Unit (to be provided by the Fire Dept.), two Power Modules and ono Control Remote. The nu er of Satellights may drop to 4 pending approval of revised drawings from the architect. Material: Qty. Model/Part # Description Price Ext.Prlce 1 SCR26-24VC5 Control Remota St 175.95 $1,175.95 3 SPC100028Vi Power Module w/ On-line UPS and 28V output - MANDATORY S1.535.44 $4,808.32 5 SSAT-M Srral Station Master Satellight 5485.00 $2,425.00 5 SSATKIT-90 Satellight Mounting Kit -Adjustable (0-90 degrees) 344.01 5220.05 3 SSIL2 Silencer 5419.85 51,259.55 2 SD9S1 Doorbell Button 5295.01 5570,02 2 SSETS Emergency Button S265.01 $570.02 1 Cale Plant Si,438.00 51,438.00 1 SPMT1 Station Paging Module 5465.00 S405.00 11 SDRM38V-FM Dam•. Remote -Flush Mount Kit also required S898.25 $9,880.75 11 SDRMKIT Dorm Remote Mounting Kit 5218.25 52,400.75 3 WN1825 U?S Mounting bracket $80.52 $241.56 1 DLSP Data Line Surge Protector $59.95 $59,95 Labor: Qty Description Price Ext.Prke 1 Contractor and Fire Department Telephone Technical Support - 2 years 51. 195.00 $1,195.00 1 Cable Plant Drawings and Configuration $475.00 $475.00 1 Device installation and install of Customer -Supplied MCU $7.995.00 $7,995.00 Friday, September 03, 2004 We accept VISA and MasterCard Page I oft I-3 8/2d WdLb:O 1700E £0 -daS ZETtv£6L: •0N Xtid ON I S 12Q7 I f1H 3Nati2H 2110Ddt1W : No d [t9 ru. >rdixi] 317 JOB NO. 04-003 COR NO. 029 MARCOTTE & HEARNE BUILDERS CHANGE ORDER REQUEST BREAKDOWN National City Fire Station #34 Cost difference between low station alerting system bidder, Moto-ola, a required by National City nd Westnet SUBCONTRACT NO. DESCRIPTION SUBCONTRACTOR QUOTE Credit on Motorola System Motorola -$24,764 Cost spent to date 8/26/04 Motorola $3,400 Add for Westnet system Westnet -$37,065 Jy SUBT T 5% OH + 1% Bond Premlu L $15,701 $785 $16,486 $165 B/Ed WcILP:E0 1700E 20 'dS EOT1725L. 'ON Xtid ONI sarilna 3Nal3H 211000JW: NOeld 2. p,y .`:.y;Ji_ C. Idd 1,007,'f0i60 MARCOTTE HEARNE BUILDERS, INC. September 3, 2004 Via Facsimile Attn: Howard Mills Rudolph and Sletten 10955 Vista Sorrento PKWY, Ste 100 San Diego, CA 92130 Fx 858-259-8282 RE: National City Fire Station 434 Marcotte & Hearne Job No. 04-003 Subj: Marcotte & Hearne Change Order Request No, 029 Dear Sir The contract adjustment required as a result of: Directed by National City to subcontract with Westnet for the Station .Aler!ing ystem in lieu of Motorola. Motorola's alerting system was found to meet the specified requiremen Change Order Request No. 029 is $16,651 The incorporation of this revision into the contractual scope of work will require working day not included in our current schedule. The job schedule will be adjusted accordingly to show the effect of this rev ion on the final project completion date. The terms (cost and schedule impact) of this change order request are , ubject to review and a re -quote if not accepted within 14 days of its issuance. We HAVE proceeded with this revised work. Please issue an authorization and/or a chang- order. If you have any questions or comments pertaining to this matter, please contact the undersigned. Very truly you, 7) y Quotation Accepted By: Wayne Powderly / Representing: Project Manager Date: CC: Stephen Kirkpatrick, National City, 619-336-4397 Jeff Katz Architecture, 619-698-9178 Bill Hearne, M+HB Jobsite, 619-474-6926 Project File 1 11696 Sorrento Valley Rd., Ste. 200, San Diego, CA 92121 Tel. 858-793-4101 Fax: 58-793-41 02 S/Td WdLb:EO 700E 20 'dS EBti17,26L: 'ON XUd ONI saDcmilna 3NNU3H al10Oahi4: IOad ¢yORAT ti ro eo RUDOLPH'n SLETTEN GENERAL AND ENGINEERING CONTRACTORS September 8, 2004 City of National City 1243 National City Blvd. National City, CA 91950 Attn: Stephen Kirkpatrick Reference: National City Fire Department Headquarters — Station #34 R&S Job No. 2848-0 Subject:Recommendation to referenced COR 029 submitted by M+H Builders Steve: This letter is to transmit our review comments on the following change order submitted by M+H Builders: 1. COR 029 09/3/04 — Westnet station alerting system in lieu of Motorola — a. Satellite — Smart Station Device was not required and the price was reduced by $ 604 We recommend the attached change orders be approved for the submitted amount of $16,047. Please notify me if any additional information is required to process this change order. I may be reached by phone at 619-474-6944, or by email at roman mcnaughton@rscont.com. Sincerely, Rudolph and Sletten, Inc. Roman McNaughton Project Engineer c: Jeff Katz — JKA/COR 7 file lb RUDOLPH AND SLE 1 1 EN, INC. 10955 VISTA SORRENTO PARKWAY, SUITE 100 SAN DIEGO, CALIFORNIA 92130 TEL. 858.259.6262 FAX. 858.259.8282 CHANGE ORDER O R I G 1 TO (Con`tractor): Marcotte + Hearne Builders C/O Initiation Date: September 8, 2004 11696 Sorrento Valley Rd. Ste 200 Project: National City FireStation34 San Diego, CA 92121 Contract No.: 1029 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: 1. Westnet station alerting system in lieu of Motorola [M+H COR 29].....$ 16,047 Please note that all above change orders have been approved with zero day impacts to project schedule. REASON FOR CHANGE: See description above COST RECONCILIATION: Costs were reviewed by the architect and CM and negotiated to the satisfaction of the City. Construction Contract Accounting Summ The original Contract Amount $6,974,585 Net change by previously authorized Change Orders $29,684 The Contract Amount prior to this Change Orders $7,004,269 With this Change Order request the Contract cost is increased by $16,047 New Contract Amount $7,020,316 Change in Contract Time: 0 days Contract Completion Date: Recommended for Approval by: J CO STRUC'1'ION MANAGER / R&S PR S CT ARC CT / Jeff Katz Architecture Approved by: CONTRACT • ' / Marcotte and arne Builders OWNER/ City Of National City q\►&io‘f 17/51ocf DATE DATE DATE Distribution: City Of National City (original w/all documentation) MH Builders (copy w/all documentation) Rudolph and Sletten, Inc. (copy w/all documentation) Jeff Katz Architecture (copy w/all documentation) DATE City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 05, 2004 9 AGENDA ITEM NO. (—ITEM TITLE WARRANT REGISTER #11 PREPARED BY DEPARTMENT R. Palazo Finance Marylou Matienzo 619-336-4330 EXPLANATION Ratification of Warrant Register #11 per Government Section Code 37208. EXT. i Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved By inance Dirac Account No. STAFF RECOMMENDATION I recommend ratification of these warrants fora total of $ 1,207,234.10 BOARD / COMMISSI RECOMME' , CATION ATTACHMENTS ( Listed Below 1. Warrant Register #11 2. Workers Comp Warrant Register dated 09/08/04 3. Payroll Warrant Register dated 09/08/04 Resolution No. A-200 (Rev. 7/03) Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5TH DAY OF OCTOBER 2004. AYES NAYS ABSENT Payee OFFICE OF THE DISTRICT ATTY AAA RADIATOR WAREHOUSE ACEDO AMERICAN FORENSIC NURSES AMERICAN PUBLIC WORKS ASSOC. AUGUSTINE BOND BLACKTOP, INC. City of National City WARRANT REGISTER # 11 9/14/04 plug gNon. chk uo chk date amount CHILD SUPPORT GARMSHMENT/K SPRINGER 195710 9/8/04 359.50 PART NO. 9394 (2000 FORD CRWN VICTORIA 195711 9/14/04 121.38 REIMB/EXPENSES/SURF CAMP V AI1hN-STAF] 195712 9/14/04 108.21 SUSPECT BLOOD WITHDRAWALS, URINE TEST 195713 9/14/04 1,210.00 ADS FOR DIRECTOR OF PW/CITY ENG 195714 9/14/04 482.50 125 PLAN REIMB/AUGUSTINE MARYLEE 195715 9/14/04 230.76 CRACK SEAL (LS) 195716 9/14/04 14,080.50 BROWN 125 PLAN REIMB/BROWN LORRAINE 195717 9/14/04 24.96 CALIFORNIA LAW ENFORCEMENT PD/LTD SEPTEMBER2004 195718 9/14/04 1,696.50 CITY OF NATIONAL CITY PETTY CASH 195719 9/14/04 896.46 CITY OF NATIONAL CITY PETTY CASH 195720 9/14/04 53.86 CITY TREASURER IND. WASTE PERMIT FOR FY04 PERIODS 11-13 195721 9/14/04 412.42 D-MAX ENGINEERING INC JULY 2004-STORM WATER SRVCS 195722 9/14/04 8,057.00 DEAN'S WEST COAST RADIATOR CLEAN & REPAIR RADIATOR 195723 9/14/04 75.00 DEPARTMENT OF JUSTICE FINGERPRINTING CHRGS FOR NEW CITY EMPI 195724 9/14/04 704.00 DREW 125 PLAN REIMB/DREW, ROBERT 195725 9/14/04 1,097.80 EMERYVILLE MARRIOTT ADV LODGING/DAVID ESPIRITU 195726 9/14/04 282.24 ESPIRITU ADV MEALS/CAR RENTAL/D ESPIRITU 195727 9/14/04 373.00 FEDERAL SIGNAL CORPORATION PCC-TMAD MIRCO.ADA.TM.BOARD.COMP-- 195728 9/14/04 104.23 FEDEX UNIFORM OVERNIGHT SHIPPING 195729 9/14/04 80.38 FLOWERS 4 YOU MOP 66155-SWEARING IN CEREMONY 195730 9/14/04 340.32 FORTIS BENEFITS VTL SEPTEMBER 2004 195731 9/14/04 2,132.28 FORTIS BENEFITS INSURANCE CO MGMT/LTD SEP 2004 195732 9/14/04 2,692.77 FORTIS BENEFITS INSURANCE CO STD/LTD SEP 2004 195733 9/14/04 7,282.76 GALLS, INC. #L-RO1058. DYNA-FLO LIGHTWEIGHT BRASS 195734 9/14/04 150.85 GRAINGER MOP 65179-INV CREDITED TWICE 195735 9/14/04 260.86 HARLAN ADV MEALS/MILEAGE/M HARLAN 195736 9/14/04 167.84 HERNANDEZ REIMB MEALS/MILEAGE/A HERNANDEZ 195737 9/14/04 51.28 HRADECKY 125 PLAN RIEMB/HRADECKY, RUDOLF 195738 9/14/04 17.70 INTEGRATED OFFICE SYSTEMS FUSER UNIT FOR OMNIFAX L535 IN PD 195739 9/14/04 210.11 INZUNZA REIMB/TRAVEL EXPENSES/INZUNZA NICK 195740 9/14/04 87.37 KELLY PAPER CO PAPER SUPPLIES, VARIOUS COLORS (CREAM, 195741 9/14/04 370.66 LEXIS-NEXIS REL SHIPMENT AUG 2004 195742 9/14/04 1,231.59 LILLY RFND ALLEY SECTION/1842 ORANGE AVE 195743 9/14/04 750.00 LONGS DRUG STORES MOP 45727-PHOTOS SPEED FILM 195744 9/14/04 • 104.51 MINUTEMAN PRESS MOP 47939-STOCK CONTROL CARDS 195745 9/14/04 26.94 MONTGOMERY RFND CITATION#NC240217010 DISMISSED . 195746 9/14/04 355.00 MOTOROLA STANDARD FLEXIBLE WHIP ANTENNA MODE] 195747 9/14/04 64.65 MUNICIPAL AUDITING SERVICES BILLING SRVCS FOR DISCOVERY INVOICE 195748 9/14/04 70.00 N.C. HOST LIONS CLUB 4TH OF JULY FIREWORKS 195749 9/14/04 6,250.00 NATIONAL CITY DELI LUNCHEON MEETING 8/20/04-BOFA TRAINING 195750 9/14/04 24.35 NC SENIOR NUTRITION PROGRAMS MAYTIME BAND REVIEW MTG CATERING 195751 9/14/04 40.50 OLIVARES 125 PLAN REIMB/OLIVARES, GLORIA 195752 9/14/04 21.37 P G AUTO PARTS ALT REPAIR LUCAS ALT JOB 12702 195753 9/14/04 145.46 PERRY FORD F8AZ-5K484-AA 195754 9/14/04 966.84 PMW ASSOCIATES ADV REG/MICHAEL HARLAN/INTERNAL AFFA 195755 9/14/04 374.00 PORAC LEGAL DEFENSE FUND LEGAL DEFENSE FUND FOR RSRVE OCT-DEC ( 195756 9/14/04 84.00 POWERSTRIDE BATTERY CO INC SOOV RED TOP OPTIMA 195757 9/14/04 187.42 PRUDENTIAL OVERALL SUPPLY MOP 45742-STREET UNIFORMS 195758 9/14/04 34.56 PUBLIC EMP RETIREMENT SYSTEM PERS CONTRIBUTIONS PERIOD 08-04-5 195759 9/14/04 58,397.10 REYES T&A 00758 RFND 624 D AVE/PROPERTY LINE 195760 9/14/04 500.00 ROAD ONE TOWING MOP 45687-TOWING SERVICE 08/05/04 195761 9/14/04 100.00 ROE 125 PLAN REIMB/ROE, VIRGINIA 195762 9/14/04 533.00 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #94282909927 195763 9/14/04 11,321.64 2 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #68199629265 - 195764 9/14/04 946.85 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #10441036857 195765 9/14/04 903.58 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #10439934345 195766 9/14/04 72.98 SUN TRUST FIRE TRUCK RENTAL PAYMENT#7 9/30/04 195767 9/14/04 5,009.63 THE CAPISTRANO INN ADV LODGING/NIICHAEL HARLAN 195768 9/14/04 283.80 THE STAR NEWS PUBLIC HEARING S-2004-6 AND S-2004-2 195769 9/14/04 117.88 THE STAR NEWS PUBLIC HEARING S-2004-7 195770 9/14/04 61.50 THOMSON HEALTHCARE DMS INC 2005 EDITION PDR ACCT#12-311-221536428 195771 9/14/04 59.95 U.S. HEALTHWORKS MEDICAL SERVICES AUG 2004 195772 9/14/04 2,777.00 UNDERGROUND SERV ALERT SEPTEMBER NEW TICKETS 2004 195773 9/14/04 170.80 UNITED PARCEL SERVICE UPS SHIPMENT ONE TIME PICKUPS 195774 9/14/04 23.35 UNITED RENTALS 1 YARD CONCRETE BATCH PLANT MIX 195775 9/14/04 134.69 DOKKEN ENGINEERING SRVCS MAR -APR 2004 PLAZA BLVD WIDENING 195776 9/14/04 5,333.64 LAFRENIERE EDUC. REIMB/M LAFRENIERE 195777 9/14/04 55.00 TREES REIMB AIRFARE FOR RGUTIERREZJH CANTER 195778 9/14/04 193.40 C A P F FIRE/LTD SEP 2004 195779 9/14/04 608.00 DELTA DENTAL DENTAL INS SEPT 2004 1957$0 9/14/04 14,392.62 DELTACARE (PMI) DENTAL INS SEPT 2004 #3094 195781 9/14/04 3,640.64 FORTIS BENEFITS INSURANCE CO LIFE INS SEPT 2004 195782 9/14/04 1,641.67 HEALTH NET HEALTH INS 09/2004 195783 9/14/04 53,121.38 HEALTH NET HEALTH NET-57135F/SEPT 2004 195784 9/14/04 1,958.47 HEALTH NET HEALTH-RET INS/85027B SEPT 2004 195785 9/14/04 1,370.08 HEALTH NET HEALTH -ELECT INS 09-2004 85027A 195786 9/14/04 913.30 HEALTH NET HEALTH NET-57135G SEP 2004 195787 9/14/04 313.06 HEALTH NET HEALTH-RET INS 57135J 09-2004 195788 9/14/04 260.20 KAISER FOUNDATION HEALTH PLANS KAISER INS 09-2004 195789 9/14/04 97,484.75 KAISER FOUNDATION HEALTH PLANS KAISER RET INS 09-2004 195790 9/14/04 1,282.66 BAKER & TAYLOR BOOKS 195791 9/14/04 1,050.86 BWI BOOKS 195792 9/14/04 636.03 CITY OF NATIONAL CITY QUARTERLY TAXES 195793 9/14/04 564.03 INTERSTATE BOOKS4SCHOOL BOOKS(RIF) 195794 9/14/04 353.25 MIDWESTTAPE PHOTOGRAPHIC SUPPLIES 195795 9/14/04 96.48 NOLO PRESS, INC. BOOKS 195796 9/14/04 51.03 OFFICE SUPPLIES PLUS DUPLICATING SUPPLIES 195797 9/14/04 388.46 SCHOLASTIC INC. BOOKS(RIF) 195798 9/14/04 1,872.16 SCHOLASTIC LIBRARY PUBLISHING BOOKS 195799 9/14/04 455.23 SCHOOLWIDE, INC. BOOKS(RIF) 195800 9/14/04 746.25 SMART & FINAL LIBRARY SUPPLIES 195801 9/14/04 105.43 THE GALE GROUP BOOKS 195802 9/14/04 421.46 THE H.W. WILSON COMPANY BOOKS 195803 9/14/04 406.68 U.S. POSTMASTER POSTAGE 195804 9/14/04 222.00 A-AMERICAN NATIONAL CITY RENTALS & LEASES (LIT. INIT. XIII) 195805 9/14/04 148.00 ADDICKS TRAVEL (AMERICORPS/LSTA) 195806 9/14/04 75.68 ALLEN TRAVEL (AMERICORPS/LSTA) 195807 9/14/04 238.20 AMAZON.COM CREDIT INSTRUCTIONAL SUPPLIES (ELLI) 195808 9/14/04 45.38 ANDRADE TRAVEL (AMERICORPS/LSTA) 195809 9/14/04 38.03 AVIVA TRAVEL TRAVEL (LIT. INIT. XIII) 195810 9/14/04 2,606.40 BAUTISTA TRAVEL (AMERICORPS/LSTA) 195811 9/14/04 37.40 BAUTISTA TRAVEL (AMERICORPS/LSTA) 195812 9/14/04 48.96 BELL TRAVEL (AMERICORPS/LSTA) 195813 9/14/04 312.51 BEST WESTERN SEVEN SEAS LODGE TRAVEL (AMERICORPS/LSTA) 195814 9/14/04 261.90 BHASKARAN TRAVEL (AMERICORPS/LSTA) 195815 9/14/04 151.19 BRODART INC. MATERIALS & SUPPLIES (WOW) 195816 9/14/04 585.20 CALIFORNIA LITERACY, INC. TRAVEL (LIT. INIT. XIII) 195817 9/14/04 8,750.00 CANTWELL TRAVEL (AMERICORPS/LSTA) 195818 9/14/04 109.49 CARLA CAMPBELL LEHN TRAVEL (AMERICORPS/LSTA) 195819 9/14/04 98.20 CAROLE TALAN CONTRACT SERVICES (LIT. INIT. XIII) 195820 9/14/04 5,000.00 CHECKPOINT SYSTEMS, INC. MATERIALS & SUPPLIES (WOW) 195821 9/14/04 527.25 CITY OF NATIONAL CITY QUARTERLY TAXES (ELLULIT. SVCS Y-2) 195822 9/14/04 207.46 CNA EXPERT SERVICES (AMERICORPS/CNCS) 195823 9/14/04 1,308.00 4 CORONEL CUMMINS EASTMAN FESTEJO GBC-DIRECT/SVC/INTL GOMEZ GOODYEAR. GREAT START 5 GROSS LEYCO LITERACYWORKS LITERACYWORKS LIU MARISA ABRAMO MCGRAW MCNARY NANCY D. NORCROSS NANCY N RENISH NANCY N RENISH PARKER PITNEY BOWES CREDIT CORP RIOS SHUMATE SPRINT SUTTER COUNTY LIBRARY TANTAMJARIK TEACHING STUFF TOSTI TRYGG WILSON LANGUAGE TRAINING TRAVEL (AMERICORPS/LSTA) 195824 9/14/04 79.56 TRAVEL (AMERICORPS/LSTA) 195825 9/14/04 49.50 TRAVEL (AMERICORPS/LSTA) 195826 9/14/04 51.84 TRAVEL (AMERICORPS/LSTA) 195827 9/14/04 42.16 MATERIALS & SUPPLIES (LIT. SVCS Y-2) 195828 9/14/04 129.09 TRAVEL (AMERICORPS/LSTA) 195829 9/14/04 76.16 TRAVEL (LIT. INIT. XIII) 195830 9/14/04 181.70 MATERIALS & SUPPLIES (LIT. SVCS Y-2) 195831 9/14/04 99.95 TRAVEL (AMERICORPS/LSTA) 195832 9/14/04 228.20 TRAVEL (AMERICORPS/LSTA) 195833 9/14/04 15.30 EXPERT SERVICES (AMERICORPS/CNCS) 195834 9/14/04 55,000.00 EXPERT SERVICES (AMERICORPS/CNCS) 195835 9/14/04 1,054.00 TRAVEL (AMERICORPS/LSTA) 195836 9/14/04 78.88 TRAVEL (AMERICORPS/LSTA) 195837 9/14/04 888.74 TRAVEL (AMERICORPS/LSTA) 195838 9/14/04 309.79 TRAVEL (AMERICORPS/LSTA) 195839 9/14/04 163.20 TRAVEL (AMERICORPS/LSTA) 195840 9/14/04 6.12 TRAVEL (AMERICORPS/LSTA) 195841 9/14/04 71.40 TRAVEL (AMERICORPS/LSTA) 195842 9/14/04 13.26 TRAVEL (AMERICORPS/LSTA) 195843 9/14/04 48.42 MATERIALS & SUPPLIES (LIT. INIT. XIII) 195844 9/14/04 587.67 TRAVEL (AMERICORPS/LSTA) 195845 9/14/04 10.88. TRAVEL (AMERICORPS/LSTA) 195846 9/14/04 442.53 TELEPHONE (WOW) 195847 9/14/04 66.60 TRAVEL (AMERICORPS/LSTA) 195848 9/14/04 263.20 TRAVEL (AMERICORPS/LSTA) 195849 9/14/04 24.12 INSTRUCTIONAL SUPPLIES (ELLI) 195850 9/14/04 427.06 TRAVEL (LIT. INIT. XIII) 195851 9/14/04 382.82 TRAVEL (AMERICORPS/LSTA) 195852 9/14/04 286.00 INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) 195853 9/14/04 617.76 AT SYSTEMS WEST INC MONEY TRUCK - SEPT. '04 195854 9/14/04 341.78 BEJAR GATE CO. ADJUSTED AND LUBED CHAIN 195855 9/14/04 85.00 CINTAS CORPORATION #694 UNIFORM SHOES 195856 9/14/04 733.62 CINTAS FIRST AID & SAFETY FIRST AID KIT SERVICING 195857 9/14/04 182.09 COUNTY OF SAN DIEGO PPE 08/21/04 195858 9/14/04 258.05 COUNTY OF SAN DIEGO PPE 08/21/04 195859 9/14/04 150.00 COUNTY OF SAN DIEGO PPE 08/21/04 195860 9/14/04 50.00 COUNTY OF SAN DIEGO PPE 08/21/04 195861 9/14/04 23.04 DE LA RUE CASH SYSTEMS INC SRVC CONTRACT FOR CURRENCY/COIN COUP 195862 9/14/04 1,618.00 DIXIELINE LUMBER CO MOP 45707-SHOP SUPPLIES 195863 9/14/04 105.71 EW TRUCK & EQUIPMENT CO INC CORE DEPOSIT 195864 9/14/04 550.57 EXXONMOBIL/GECC FUEL FOR SUPVR VEHICLES 195865 9/14/04 675.48 FLOWERS 4 YOU MOP 66155-SYMPHATY SPRAY 195866 9/14/04 96.31 GIBBS REIMB RAFFLE TICKETS FOR UNION PICNIC 195867 9/14/04 100.00 JANKOVICH COMPANY DIESEL FUEL 195868 9/14/04 11,658.23 KIWANIS CLUB OF NATIONAL CITY DUES AND DONATIONS 195869 9/14/04 224.00 LAMAR SANITATION PO117E SERVICING 195870 9/14/04 120.09 MC DONALD TRANSIT ASSOC. INC. MANAGEMENT FEE - AUGUST '04 195871 9/14/04 12,285.00 MWANGI TOOL ALLOWANCE 195872 9/14/04 250.00 MYERS TIRE SUPPLY COMPANY AUTOMOTIVE PARTS 195873 9/14/04 7,428.23 NEW FLYER PARTS PLATE WASHER ASSY BOTTLE 195874 9/14/04 102.22 PROGRESSIVE BUSINESS PUBLIC SUBCRIPTION FOR SUPVR SAFETY BULLETIN 195875 9/14/04 255.60 PRUDENTIAL INSURANCE LIFE INSURANCE - SEPT. 04 195876 9/14/04 237.34 SAN DIEGO BUS DRIVERS UNION UNION DUE - AUGUST '04 195877 9/14/04 1,189.00 SAN DIEGO GAS & ELECTRIC ELECTRIC 07/29/04 - 08/27/04 195878 9/14/04 2,057.38 SO CAL TRUCKSTOP MOP 45758-SHOP SUPPLIES 195879 9/14/04 31.78 SOUTH COAST MEDICAL CLINIC RANDOM DRUG SCREENING 195880 9/14/04 108.00 THE LIGHTHOUSE MOP 45726-TOGGLE SWITCH & LED MARKER 195881 9/14/04 137.81 THERMO KING FILTER -DRIER, SWITHCH HPCO, LOW C SWITC 195882 9/14/04 1,528.35 TOPECO PRODUCTS MOP 63849-SHOP SUPPLIES 195883 9/14/04 43.35 6 VALLEY DETROIT DIESEL ALLISON TRANSMISSION MODULAR BUILDING CONCEPTS, INC DELIVERY AND INSTALLATION OF MODULAR. Workers compensation checks PAYROLL Pay period Start Date End Date 236 8/17/04 8/30/04 *CK#195791-195853 — LIBRARY WARRANTS *CK#195854-195884 — TRANSIT WARRANTS *CK#200065 — PAID OUT OF HUD GUARANTEED OF THE NEW FIRE STATION. Check Date 9/8/04 GRAND TOTAL Total Total Total 200065 9/14/04 16,365.82 9/14/04 3,400.97 470,936.64 8822 9/8/04 8823 9/8/04 8824 9/8/04 8825 9/8/04 8826 9/8/04 8827 9/8/04 8828 9/8/04 8829 9/8/04 8830 9/8/04 $831 _" 9/8/04 832 9/8/04 8833 9/8/04 63 CHECKS $ 89,614.51 31 CHECKS $ 58,991.85 LOAN FUND ACCT FOR THE CONSTRUCTION 1 CHECK $ 3,400.97 148.24 320.00 15.08 880.32 13.70 370.00 481.50 400.00 135.69 99.88 797.15 96.28 3,757.84 732,539.62 1,207,234.10 7 City of National City Warrant Register # 11 9/14/04 001 GENERAL FUND 776,703.42 104 LIBRARY FUND 30,932.69 105 PARKS MAINTENANCE FUND 18,373.47 109 GAS TAXES FUND 14,080.50 111 P.O.S.T. FUND 1,292.16 125 SEWER SERVICE FUND 22,357.30 135 SD COUNTY REG AUTO THEFT TASK 3,104.24 147 GRANT -JUDGE PROGRAM 1,292.41 154 STATE PUBLIC LIBRARY FUND 1,117.35 172 TRASH RATE STABILIZATION FUND 1,652.19 173 NATIONAL SCHOOL DIST CONTRACT 2,292.45 174 SWEETWATER SCHOOL DIST CONTRAC 5,012.73 188 GRANT - HIDTA 1,659.58 196 CAPITAL PROJECT RESERVE 750.00 211 SECURITY AND ALARM REGULATION FUND 1,258.56 212 PERSONNEL COMPENSATION FUND 2,243.08 222 WOW MOBILE GRANT FY 2000-2001 3,823.65 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 632.02 230 ABANDONED VEHICLE ABATEMENT GRANT 3,188.23 231 HOUSING PILOT PROGRAM 2,611.09 246 WINGS GRANT 13,766.38 250 NEW FIRE STATION CONSTRUCTION 3,400.97 252 AMERICORPS/CNCS GRANT 60,505.22 253 RECREATIONAL ACTIVITIES FUND 21.84 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 4,809.92 273 CBAG-MAJOR MEXICAN TRAFFICKERS 3,608.63 274 LITERACY INITIATIVE XIII 18,580.61 275 EASY VOTER GUIDE GRANT 494.75 276 LITERACY SERVICES YEAR 2 1,716.86 277 NC PUBLIC LIBRARY DONATIONS FUND 3,077.09 278 AMERICORPS LSTA GRANT II 4,565.05 301 GRANT-C.D.B.G. 14,585.35 302 CDC PAYMENTS 25,920.65 307 PROPOSITION A" FUND 4,201.84 312 STP LOCAL/TRANSNET HIGHWAY 4,876.67 552 TDA 59,199.55 626 FACILITIES MAINT FUND 29,195.12 627 LIABILITY INS. FUND 9,799.92 628 GENERAL SERVICES FUND 5,044.60 8 629 INFORMATION SYSTEMS MAINTENANC 4,369.24 630 OFFICE EQUIPMENT DEPRECIATION 53.86 631 TELECOMMUNICATIONS REVOLVING 5,237.80 632 GENERAL ACCOUNTING SERVICES 16,430.87 643 MOTOR VEHICLE SVC FUND 13,014.17 724 COBRA/RETIREE INSURANCE 5,880.02 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 500.00 Total 1,207,234.10 9 City of National City, California COUNCIL AGENDA STATEMENT October 05, 2004 MEETING DATE AGENDA ITEM NO. 10 ITEM TITLE WARRANT REGISTER #12 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #12 per Government Section Code 37208. EXT. Environmental Review Financial Statement Not applicable. N/A MIS Approval Approved By: Fitl'ancs/Di o Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 351,723.59. BOARD / COMMISSION ROMMEN TION ATTACHMENTS ( Listed Below ) 1. Warrant Register #12 2. Workers Comp Warrant Register dated 09/15/04 Resolution No. A-200 (Rev. 7/03) Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LIS 1'ED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA,.MEMBER" LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 5TH DAY OF OCTOBER 2004. AYES NAYS ABSENT Payee AAA RADIATOR WAREHOUSE AMERICAN SOCIETY OF CIVIL ARCO GASPRO PLUS AVIVA TRAVEL AVIVA TRAVEL AYRES HOTEL AYRES HOTEL BAJA USA PRINTING CA CORONER TRAINING CENTER CA LAW ENFORCEMENT ASSO CARQUEST AUTO PARTS CARRERA'S AUTO DETAIL CHILDREN'S HOSPITAL CHOICEPOINT CHULA VISTA STAR NEWS CONGRESS FOR THE NEW URBANI CONRAD AND ASSOCIATES, LLP COPY POST PRINTING CORBIN & ASSOCIATES CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COURTYARD BY MARRIOTT DIXIELINE LUMBER CO. DOUBLETREE HOTEL CRYSTAL CI City of National City WARRANT REGISTER # 12 9/21/04 Description chk no chk date amount FORD RAD ADVERTISING/DIRECTOR OF PW/CITY ENG AUGUST SRVCS A/R#223354 AIRFARE KING/ESPIRITU/DREW/SHULTZ AIRFARE/HARWARDBISHOP & ESPIRITU ADV LODGING/JEFF MEEKS ADV LODGING/GREG SEWARD ENVELOPES FOR MAYOR ADV TUITION/JEFF MEEKS ADV REG/BLANCA MOLINA MOP 47557-COIL DETAILING- UNIT 402 CHILD SEXUAL ASSAULT EXAMS 195885 9/21/04 121.38 195886 9/21/04 175.00 195887 9/21/04 20,843.96 195888 9/21/04 1,698.60 195889 9/21/04 1,023.00 195890 9/21/04 1,201.08 195891 9/21/04 1,201.08 195892 9/21/04 355.58 195893 9/21/04 54.00 195894 9/21/04 325.00 195895 9/21/04 29.09 195896 9/21/04 65.00 195897 9/21/04 1,052.70 AUTO TRACK DATABASE - UNLIMITED ACCEi 195898 9/21/04 100.00 ADVERTISING BIDS SPEC 04-7 195899 9/21/04 270.00 CONGRESS FOR THE NEW URBANISM RENEW 195900 9/21/04 175.00 1ST PROGRSS BILLNG CNC AUDIT FY 06/30/04 195901 9/21/04 14,000.00 195902 9/21/04 23.27 195903 9/21/04 385.00 195904 9/21/04 720.86 S D LAW ENFORCMNT EXPO REGIST 10/21/04 195905 9/21/04 125.00 NPDES/SHARE FY 04-05 MONITORING OUTREJ 195906 9/21/04 18,894.00 HAZARDOUS MATLS PERMIT 7/31/04-7/31/05 195907 9/21/04 754.00 GANG STAMP ADV TUITION/ALEJANDRO HERNANDEZ MOP 45704-MISC OFFICE SUPPLIES ADV LODGING/CHRIS SULLIVAN MOP 45707-MISC FACILITIES SUPLS HOTEL/KATHLEEN TREES -HUD OHHLCH CON 195910 195908 9/21/04 466.20 195909 9/21/04 293.40 9/21/04 680.45 1 City of National City WARRANT REGISTER # 12 9/21/04 Payee DREW FORD DURRA INK EL LATINO NEWSPAPER EL LATINO NEWSPAPER EMPLOYMENT DEVELOPMENT DEP FASTPAK EXPRESS CORP FEDEX GHA TECHNOLOGIES GROSSMAN PSYCHOLOGICAL ASSO H.M. PITT LABS, INC. HAWTHORNE MACHINERY (INC.) HEARTLAND COMM. FAC. AUTHOR HEARTLAND FIRE TRAINING HIRT TRUST/UNIFIED S.D.COUNTY HONEYWELL INC. HOSKINSON IRON MOUNTAIN RECORDS MGMT KETCH -ALL COMPANY LASER SAVER INC LATTIRE LEXIS-NEXIS LEXIS-NEXIS LONG'S DRUG STORES LOPEZ MEEKS MULTI -BANK SERVICES LID N C CHAMBER OF COMMERCE Description chk no MOP 49078-WHEEL ASSY F8AZ1007EA MOP 46766-'POLICE DEPT' ENVELOPES 195911 195912 ADVERTISING FOR SENIOR OFFICE ASSISTAN 195913 ADVERTISING FOR POLICE RECRUIT 195914 EDD CITY SHARE UNEMPLYM INS APR-JUN 2C 195915 RETURN OF BANNER ADMIN FEE PERSONNEL SERVICES LINSKYS WIRELESS-G ACCESS POINT, 195916 195917 195918 PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS 195919 7 INVS - WIPE SAMPLES -LEAD END EDGE ARCH PAGING SERVICE FOR AUGUST 2004. TRAINING REG/ROBERT DREW HIRT MEMBERSHIP FOR FY05. MECHANICAL MAINT OCT 2004-DEC. 2004 EDUC REIMB/SPANISH FOR COMMU H STORAGE FEES 09/30/04 TRU CATCH TRAPS, #30D, WILDCAT DELUX 195920 195921 195922 195923 195924 195925 195926 195927 195928 MOP 45725-TONER FOR PRINTER/HP 1100 COM 195929 REIMB HOTEL ACCOM ICC TRAINING/R LATT 195930 ONLINE CHARGES FOR AUGUST 2004 CA DAMAGES LAW & PROOF MOP 45727-MISC SUPPLIES INTERPRETATION SRVCES SEP 07, 2004 195931 195932 195933 195934 ADV MEALS/J MEEKS-CORONER INVSTGTN C:195935 ADVANTA BANK CORP 8/30/04 CITY ENHANCEMENT FUND SEP 2004 195936 195937 chk date amount 9/21/04 793.45 9/21/04 726.65 9/21/04 81.90 9/21/04 81.90 9/21/04 4,295.00 9/21/04 250.00 9/21/04 22.01 9/21/04 68.42 9/21/04 480.00 9/21/04 190.00 9/21/04 926.41 9/21/04 141.66 9/21/04 337.00 9/21/04 31,873.00 9/21/04 17,500.00 9/21/04 280.00 9/21/04 75.00 9/21/04 785.62 9/21/04 43.05 9/21/04 286.90 9/21/04 132.77 9/21/04 112.92 9/21/04 145.38 9/21/04 100.00 9/21/04 379.00 9/21/04 198.00 9/21/04 4,995.83 2 City of National City WARRANT REGISTER # 12 9/21/04 Payee NATIONAL CRIME INVESTIGATION NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS OFFICE TEAM ORANGE COUNTY SHERIFF'S DEPT PARTS PLUS AUTOSTORE #713 PERRY FORD RIVERSIDE COUNTY SHERIFF DEPT ROBERT HALF LEGAL RON BAKER CHEVROLET-GEO-ISU RPM CLARKLIFT S.D. COUNTY SHERIFF'S DEPT. S.D. ROTARY BROOM CO. INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SDCBA SEWARD SKS INC. SMART & FINAL SPECIALTY LIGHTING ST. LOUIS BLACK REPERTORY CO STARTECH COMPUTERS STRATACOM SULLIVAN Description chk no ADV TUITION/KEN GELSKEY & APRIL MURIL] 195938 CATERING POLICE/FIRE CHIEF CEREMONY 8/:195939 CATERING POLICE DEPT EVENT JUL 27, 2004 195940 TEMPORARY HELP W/E 9/03/04-JULIE WHITE 195941 ADV TUITION/GREG SEWARD 195942 MOP 64946-BEARINGSBRK ROTORS UNIT 190 195943 SENSOR ADV TUITION/CHRIS SULLIVAN TEMP SRVCS SEP 03-10, 2004/JEAN RICH REASSEMBLE TRANS REPL W/ STRA UNIT OIL FILTER 195948 CAL -ID CHARGES CNTY CONTRACT#73819-R '195949, MOP 62683-MB POLY & WIRE MATL KIT MISC 195950 STREET/ELECTRIC BILL#10093014384 FACILITY/ELECTRIC BILL#86482714057 STREET/ELECTRIC BILL#98917081416 SEWER/ELECTRIC BILL#10092646814 SEWER/ELECTRIC BILL#29491892373 SDCBA 2005 LAWYERS DIRECTORY ADV MEALS/MILEAGE/SEWARD 195944 195945 195946 195947 195951 195952 195953 195954 195955 195956 195957 OIL FOR FLEET'CHV RPM HDMO 15W40 BULK 195958 MOP 45756-MISC SUPPLIES 195959 LIGHT BULBS AND FLUORESCENT LAMPS REIMB FOR TOURING SHOWS SEPT 18-21/04 MOP 61744-5650 DESK JET 195960 195961 195962 MOP 63845-POST STORAGE VEH IMPOUND FO1195963 ADV MEALS/MILEAGE/SULLIVAN 195964 chk date amount 9/21/04 946.00 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 9/21/04 2,054.70 165.00 403.75 102.00 534.34 687.46 167.00 495.60 3,218.71 74.89 9,087.30 454.70 25,901.06 11,109.62 3,344.89 113.46 63.76 18.00 415.40 462.47 104.01 348.03 15,260.00 145.46 148.70 254.76 3 Payee THE LIGHTHOUSE, INC. THE SD VOICE & VIEWPOINT THE STAR NEWS TIEMAN TREES TRI-STATE STEEL UCMC: UNIV. COMMUNITY MEDICA UNION TRIBUNE PUBLISHING CO US STERLING CAPITAL CORP WEST GROUP PAYMENT CENTER WESTERN CITY MAGAZINE WOOD & WOOD BOOT WORLD COUNTY OF SAN DIEGO D-MAX ENGINEERING INC DANIEL PEARCE/ RPM WELDING DAY WIRELESS SYSTEMS DEPARTMENT OF TRANSPORTATIO DLXIELINE LUMBER CO. DRAKE DREW FORD GRAINGER HANSON AGGREGATES PACIFIC HMS CONS 1RUCTION LIEBERT CASSIDY WHITMORE NAPA AUTO PARTS NAPA AUTO PARTS City of National City WARRANT REGISTER # 12 9/21/04 Description chk no MOP 45726-MISC ELECTRICAL SUPPLIES ADVERTISEMENT FOR POLICE RECRUIT LEGAL ADVERTISING SEP 20, 2004 195965 195966 195967 REIMB PARAMEDIC RECERT & LIC RENEWAL 195968 REIMB AIRFARE HUD OHHLCH CONF/K TREE.195969 26X21X2 GRATE -RAW SEXUAL ASSAULT (SART) EXAMS 195970 195971 ADS FOR SR OFF ASST & CODE CONFRMN OFT 195972 COMMU COMMERCE BANK & UNION BANK 195973 INSTALLMENT PAYMENT 6TH 195974 WESTERN CITY SUBSCRIPTION/PARK MORSE 195975 CLAIMS: HANKS/FRISBIE 195976 MOP 64096-WORK BOOTS FOR RUBEN HUERT,195977 APCD/OPERATE & DISTRICT FEES AUG 2004 STORM WATER SRVCS 195978 195979 MOP 45749-REPAIR CABINETS na, KIMBALL PA 195980 VOLUME KNOB 195981 HIGHWAY LIGHTING JULY 2004 MOP 45707-MISC ELECTRICAL SUPLS REIMB OFFICE SUPPLIES MOP 49078-1W1Z2140BA MOP 65179-POLICE DEPT FIXTURE TOOLS 195982 195983 195984 195985 195986 GB TYPE3 F SHEET 195987 AUG 2004 SRVCS-TRAFFIC SIGNAL IMPRVMN-195988 RETAINER AGREEMENT AUG 2004 MOP 45735- MISC CAR PARTS SUPLS MOP 45735-HANDLE PART NO 782-5273 195989 195990 195991 chk date amount 9/21/04 376.47 9/21/04 85.25 9/21/04 138.38 9/21/04 145.00 9/21/04 284.40 9/21/04 247.83 9/21/04 525.00 9/21/04 845.72 9/21/04 396.54 9/21/04 133.17 9/21/04 39.00 9/21/04 1,222.00 9/21/04 87.26 9/21/04 384.00 9/21/04 5,341.44 9/21/04 880.98 9/21/04 44.80 9/21/04 2,478.16 9/21/04 203.97 9/21/04 119.85 9/21/04 219.82 9/21/04 334.34 9/21/04 72.91 9/21/04 4,560.93 9/21/04 1,300.00 9/21/04 71.04 9/21/04 1.60 4 Payee OFFICE TEAM PARTS PLUS AUTOSTORE #713 PRUDENTIAL OVERALL SUPPLY S.D. ROTARY BROOM CO. INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SO. CAL TRUCKSTOP SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE, INC. TOPECO PRODUCTS City of National City WARRANT REGISTER # 12 9/21/04 Description chk no TEMPORARY HELP W/E 09/10/04 JULIE WHITE 195992 MOP 64946-WGN ZD610/DISC PAD SET MOP 45742-LAUNDRY CLEANING/PARKS MOP 62683- POLY & WIRE KIT/600 METAL FACILITY/ELECTRIC BILL #29728110755 FACILITY/ELECTRIC BILL #10091911839 MOP 45758-PROPANE FACILITIES/WATER BILLS 16 ACCTS SEWER/WATER BILLS 19 ACCTS SEWER/WATER BILLS #152-2700-0 MOP 47940-HOURLY RATEJMISC NEW TUBE MOP 45726-STROBE LIGHT/FLASH TUBE MOP 63849-POLY-PUSH 1/4 UNION 195993 195994 195995 195996 195997 195998 195999 196000 196001 196002 196003 196004 VALLEY INDUSTRIAL SPECIALTIES MOP 46453-HAWS PUSH BUTTON ACTIVATED 196005 AIRGAS WEST BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DIXIELINE LUMBER CO FEDEX GREAT AMERICAN INSURANCE CO J.J. KELLER & ASSOCIA I'ES, INC. NAPA AUTO PARTS MOP 45714-OXYGEN COMPRESSED PAYROLL CK DTD 09/10/04 MAINT LAUNDRY SERVICE MOP 45704-OFFICE SUPPLIES PPE 09/04/04 PPE 09/04/04 PPE 09/04/04 PPE 09/04/04 MOP 45707-RAID ANT BAIT SHIPPING CHARGES WORKER COMP - 9/28 TRANS SAFE TRAIN NEWS/POSTR MOP 45735-AUTO PARTS 196006 196007 196008 196009 196010 196011 196012 196013 196014 196015 196016 196017 196018 chk date amount 9/21/04 510.00 9/21/04 50.83 9/21/04 75.44 9/21/04 380.35 9/21/04 16,921.73 9/21/04 870.86 9/21/04 30.47 9/21/04 17,448.53 9/21/04 7,075.87 9/21/04 26.16 9/21/04 270.91 9/21/04 131.69 9/21/04 58.83 9/21/04 100.83 9/21/04 28.11 9/21/04 48,115.61 9/21/04 353.20 9/21/04 184.91 9/21/04 258.05 9/21/04 150.00 9/21/04 50.00 9/21/04 23.04 9/21/04 33.08 9/21/04 126.82 9/21/04 .10,672.92 9/21/04 607.05 9/21/04 536.09 5 City of National City WARRANT REGISTER # 12 9/21/04 Payee PRINCIPAL FINANCIAL GROUP SAN DIEGO EMPLOYMENT GUIDE SOUTH COAST MEDICAL CLINIC SWEETWATER AUTHORITY TARULLI TIRE INC.-SAN DIEGO THE HOME DEPOT CRC THE LIGHTHOUSE UNION TRIBUNE PUBLISHING CO. Description 401K PPE 09/04/04 ADVERTISING FOR DRIVERS RANDOM DRUG SCREENING WA I'ER 06/30/04 - 08/31/04 MOP 47940-TIRES CHAIN SAW AND OIL MOP 45726-AUTO PARTS NEWPAPER AD FOR DRIVERS chk no chk date amount 196019 9/21/04 2,321.39 196020 9/21/04 282.00 196021 9/21/04 36.00 196022 9/21/04 733.46 196023 9/21/04 1,918.88 196024 9/21/04 205.91 196025 9/21/04 122.61 196026 9/21/04 405.71 Total $ 338,072.79 Workers compensation checks 8834 9/15/04 8835 9/15/04 8836 9/15/04 8837 9/15/04 8838 9/15/04 8839 9/15/04 8840 9/15/04 8841 9/15/04 8842 9/15/04 8843 9/15/04 8844 9/15/04 8845 9/15/04 8846 9/15/04 8847 9/15/04 8848 9/15/04 8849 9/15/04 8850 9/15/04 77.51 47.73 47.29 91.41 400.00 84.08 187.71 320.00 370.00 32.30 50.50 4,600.00 377.00 6.32 55.21 160.57 289.63 6 City of National City WARRANT REGISTER # 12 9/21/04 Payee Description _ chk no chk date amount 8851 9/15/04 303.31 8852 9/15/04 507.44 8853 9/15/04 207.43 8854 9/15/04 593.58 8855 9/15/04 206.90 8856 9/15/04 372.50 8857 9/15/04 54.72 8858 9/15/04 171.71 8859 9/15/04 24.14 8860 9/15/04 90.32 8861 9/15/04 262.30 2 9/15/04 608.00 9/15/04 289.23 8864 9/15/04 226.50 88 5 9/15/04 117.22 8866 9/15/04 78.01 8867 9/15/04 47.97 8868 9/15/04 105.61 8869 9/15/04 11.69 8870 9/15/04 100.82 8871 9/15/04 11.69 8872 9/15/04 128.48 8873 9/15/04 245.89 8874 9/15/04 83.94 8875 9/15/04 47.60 8876 9/15/04 347.96 8877 9/15/04 112.46 7 City of National City WARRANT REGISTER # 12 9/21/04 Payee Description chk no chk date amount 8878 9/15/04 47.60 8879 9/15/04 298.00 8880 9/15/04 91.10 8881 9/15/04 59.29 8882 9/15/04 307.39 8883 9/15/04 102.64 8884 9/15/04 87.64 8885 9/15/04 102.46 Total $ 13,650.80 *CK#196006-196026 — TRANSIT WARRANTS 21 CHECKS $ 67,164.84 Grand Total 351,723.59 8 City of National City WARRANT REGISTER #12 9/21/04 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 208 SUPP.LAW ENFORCEMENT SVCS FUN 231 HOUSING PILOT PROGRAM 254 LEAD -BASED PAINT HAZARD REDUC 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESE 643 MOTOR VEHICLE SVC FUND 725 PLANNING TOTAL 119,705.90 34.23 270.00 6,651.92 24,330.07 63.50 15,509.39 1,301.40 68.53 4,560.93 67,164.84 48,165.52 14,872.80 581.99 14,000.00 4,295.00 29,897.57 250.00 351,723.59 9 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE October 5, 2004 AGENDA ITEM NO. 11 / ITEM TITLE CLAIM FOR DAMAGES:Evelyn J. McCole PREPARED BY Michael R. Da11a, CM ARTMENT City Clerk EXPLANATION The claim of Evelyn J. McCole arises from an occurrence on June 19, 2004 and was filed with the City Clerk's Office on September 2, 2004 CEnvironmental Review Y N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A A-200 (9;99) Resolution No. City of National City COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2004 AGENDA ITEM NO. 12 ITEM TITLE: JOINT PUBLIC HEARIN . OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION ON PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN PREPARED BY: Benjamin Martine Executive Director EXPLANATION: DEPARTMENT Community Development Commission Section 33352 of the California Community Redevelopment Law, and Health and Safety Section 33000 et. seq. ("Law") requires that when the Community Development Commission submits a redevelopment plan to the City Council for adoption, the Community Development Commission must also submit a 14-part report en- titled the Report to the City Council ("Report"). For a redevelopment plan amendment, the contents of the Re- port are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence to assist the City Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amendment. This Report has been prepared in accordance with all requirements of Sections 33457.1 and 33352 of the Law. Pursuant to the Law, a joint public hearing must be held to receive testimony both for and against a re- development plan amendment, prior to having the Community Development Commission and City Council consider the proposed 2004 Amendment. On August 17, 2004, both the Community Development Commission and the City Council authorized Staff to establish September 21, 2004 as the date for a joint public hearing. Notices were transmitted via first class mail to all property and business owners, and residential owners and tenants within Project Area. Further, joint public hearing notices were transmitted via certified mail return receipt requested to the taxing agencies that receive property tax increment revenue from Project Area. Finally, the Law requires that a joint public hearing notice be published at least once a week for three consecutive weeks prior to the joint public hearing. Accordingly, the Joint Public Hearing Notice for this meeting was published in The Daily Transcript on Sep- tember 17th and 24th and October 1st, 2004. Environmental Review X N/A Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. 1 STAFF RECOMMENDATION Conduct the Joint Public Hearing as required by the Community Redevelopment Law Health and Safety Code. BOARD/COMMISSION RECOMMENDATION N/A J ATTACHMENTS (Listed Below) 1. Community Development Commission Summary Report 2. Community Development Commission Report to the City Council 3. Negative Declaration Resolution No. City Council and Community Development Commission of the City of National City October 5, 2004 AGENDA ITEM NO. 1 TO: Chairman and Board Members FROM: Ben Martinez, Executive Director VIA: Byron Estes, Deputy Director of Redeye opment SUBJECT: JOINT PUBLIC HEARING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN Recommendation: Staff recommends that the Community Development Commission and City Council: 1. CONDUCT THE CONTINUED JOINT PUBLIC HEARING of the Community Development Commission and City Council in order to receive the Staff presentation, and to receive public testimony both for and against the proposed 2004 Amendment and the Negative Declaration; and 2. CLOSE THE JOINT PUBLIC HEARING of the Community Development Commission and City Council 3. CONTINUE all actions on the proposed 2004 Amendment until October 19, 2004, at 6:00 p.m., so that Staff and the consultants can prepare written responses to any written objections that may be presented during the hearing, pursuant to the Redevelopment Law. Fiscal Impact: There will be no fiscal impact to the National City General Budget as a result of these actions. Community Development Commission October 5, 2004 EXHIBIT 1 Environmental Impact: Pursuant to the requirements of the California Environmental Quality Act, an Initial Study (environmental review checklist) and Negative Declaration has been prepared for the proposed 2004 Amendment. The required 30-day public review period for the Mitigated Negative Declaration was conducted from July 30, 2004 through August 30, 2004. No significant written comments were received on the Negative Declaration during the public review period. A copy of the Initial Study and Negative Declaration is included in Section K of the attached Community Development Commission's Report to the City Council. Prior to approving the proposed 2004 Amendment, the City Council must approve the Negative. Declaration by adopting City Council Resolution. Upon the City Council's adoption of the Resolution, a Notice of Determination will be filed with the County Clerk of the County of San Diego, pursuant to the requirements of the California Environmental Quality Act. Background: The Community Development Commission has prepared the proposed 2004 Amendment to extend the Community Development Commission's eminent domain authority to commercial and industrial zoned properties, and vacant and abandoned properties in the entire National City Redevelopment Project Area for a period of twelve (12) years, until 2016. Properties that are being used for residential purposes would be excluded from eminent domain. Although the Community Development Commission seeks to reach an accord with all property owners on the purchase of any property, the Community Development Commission's overall ability to acquire property and facilitate development is limited in that most of the Project Area is exempted from eminent domain authority. Eminent domain is an important tool needed to continue the Community Development Commission's activities to alleviate blighting conditions, and to promote economic development within the Redevelopment Project Area, as well as the community. To assure that the Community Development Commission retains all tools available to it in implementing the Redevelopment Plan for the Project Area, the Community Development Commission is processing the proposed 2004 Amendment. Currently, the Redevelopment Plan limits the Community Development Commission's use of eminent domain to the following non-residential locations within the Project Area: • All parcels located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately west and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. Community Development Commission October 5, 2004 Agenda Item No. 1 • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • All parcels located immediately south and adjacent to East Plaza Boulevard, between E Avenue and Highland Avenue. • All parcels west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. 2004 Amendment The proposed 2004 Amendment would modify this language and extend eminent domain authority over all commercial and industrial zoned properties, and all vacant and abandoned properties within the entire Project Area. All properties that are used for residential purposes would be specifically excluded. The language of Section 603 of the National City Redevelopment Plan would be modified to read as follows: "The Community Development Commission may acquire, through eminent domain, all properties that are zoned for commercial and industrial use, and all vacant and abandoned properties and buildings (abandoned properties are those as defined by the National City Municipal Code), regardless of their zoning designation, within the entire Project Area. Specifically excluded from eminent domain are properties that are used for residential purposes. The Community Development Commission's authority to use eminent domain to acquire property shall run for 12 years from the effective date of the 2004 Amendment to the Redevelopment Plan, until 2016." Community Development Commission Report to the Council Section 33352 of the Califomia Community Redevelopment Law, Health and Safety Section 33000 et. seq. ("Law") requires that when the Community Development Commission submits a redevelopment plan to the City Council for adoption, the Community Development Commission must also submit a 14-part report entitled the Report to the City Council ("Report"). For a redevelopment plan amendment, the contents of the Report are only those portions warranted by the proposed amendment. The purpose of this Report is to provide, in one document, all information, documentation, and evidence to assist the City Council in its consideration and in making various findings and determinations that are legally required to adopt the 2004 Amendment. This Report has been prepared in accordance with all requirements of Sections 33457.1 and 33352 of the Law. Prior to the City Council's consideration of the proposed 2004 Amendment, the Community Development Commission must approve the Report and authorize its transmittal to the City Council by adopting Community Development Commission Resolution. Community Development Commission Agenda Item No. 1 October 5, 2004 Joint Public Hearing Pursuant to the Law, a joint public hearing must be held to receive testimony both for and against a redevelopment plan amendment, prior to having the Community Development Commission and City Council consider the proposed 2004 Amendment. On August 17, 2004, both the Community Development Commission and the City Council authorized Staff to establish September 21, 2004 as the date for a joint public hearing. Notices were transmitted via first class mail to all property and business owners, and residential owners and tenants within Project Area. Further, joint public hearing notices were transmitted via certified mail return receipt requested to the taxing agencies that receive property tax increment revenue from Project Area. Finally, the Law requires that a joint public hearing notice be published at least once a week for three consecutive weeks prior to the joint public hearing. Accordingly, the Joint Public Hearing Notice for this meeting was published in The Daily Transcript on September 17th and 24th and October 1st, 2004. Conclusion The Law provides that the Community Development Commission and City Council may only consider action on the proposed 2004 Amendment after any written objections to the proposed 2004 Amendment are answered in writing. Therefore, Staff recommends that the Community Development Commission Board and City Council: 1) conduct the continued joint public hearing for the proposed 2004 Amendment to receive public testimony; 2) close the joint public hearing; and, 3) continue all actions on the proposed 2004 Amendment until October 19, 2004, at 6:00 p.m., so that Staff and the consultants can prepare written responses to any written objections that may be presented during the hearing. Community Development Commission Agenda Item No. 1 October 5, 2004 i d 2004 Amendment to the National City Redevelopment Plan Report to use city council September 15, 2004 Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP, INC. 309 West 4th Street Santa Ana, Califomia 92701-4502 P: 714.541.4585 F: 714.541.1175 E-Mail: info@webrsg.com EXHIBIT 2 Table of Contents Introduction 1 Plan Amendment 2 Contents of this Report 3 Reasons for the Amendment and a Description of Specfic Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area 4 A Description of the Physical and Economic Conditions Existing in the Project Area 5 Five -Year Implementation Plan 6 Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment 6 The Method of Financing 6 The Relocation Plan 7 Analysis of the Preliminary Plan 8 Report and Recommendation of the Planning Commission 8 Report of the Project Area Committee 8 General Plan Conformance 9 Environmental Documentation 10 Report of the County Fiscal Officer 10 Neighborhood Impact Report 11 A Summary of the Agency Consultation with Affected Taxing Agencies 11 Attachment A - MAP 17 Attachment B - 18 Introduction Introduction The Community Development Commission of the City of National City ("CDC") is processing an amendment to the National City Redevelopment Plan ("2004 • Amendment"). This is being done to facilitate commercial and industrial revitalization and introduce a variety of residential development where appropriate by expanding the CDC's authority to acquire property through eminent domain in the National City Redevelopment Project Area ("Project Area") over commercial, industrial, vacant and abandoned properties. The Project Area is comprises approximately 2,400 acres and is generally bounded by Tidelands Avenue and the San Diego Bay to the west, Interstate 805 to the east, and the National City limits to the north and south. Major land uses in the Project Area indude commercial, industrial, public and residential. Exhibit A presents a map of the boundaries of the Project Area. Currently, the Plan permits the CDC to acquire real property, except residential property, by any means authorized by law, including eminent domain for specific geographical areas. Exhibit A identifies the properties currently subject to eminent domain authority, which indude the following: ■ All parcels located immediately east and adjacent to National City -Boulevard, between Division Street and the south City limits. • All parcels located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • All parcels located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. ■ All parcels located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • All parcels located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • All parcels located immediately south and adjacent to East Plaza Boulevard, between E Avenue and Highland Avenue. • All parcels west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15. 2004 -1- NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL These properties were identified in 1995 and 2001 on the basis that they could be needed to facilitate commercial revitalization projects in the Project Area, where land assembly and parcel consolidation would be essential to the success of the project. Although the CDC has used eminent domain sparingly, it has been a necessary adjunct to acquisition negotiations. Over the past several years, it has become evident that additional non -residentially used properties also need to be included in the list of properties subject to eminent domain as most of the properties in the Project Area are exempt from eminent domain authority. This document is the CDC's Report to the City Council ("Report") for the proposed 2004 Amendment, and has been prepared pursuant to Section 33457.1 and 33352 of the Calffomia Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). Pursuant to Section 33352 of the Law, the this Report provides information, documentation and evidence to assist the City Council of National City with their consideration of the 2004 Amendment, and in making the various determinations in connection with its adoption. This Report supplements the documentation and evidence contained in previous' Reports to the City Council ("Original Reports"), prepared in connection with the original Plan and subsequent amendments; the Original Reports are incorporated herein by reference. Plan Amendment The proposed 2004 Amendment would modify the text of the Plan only as it pertains to eminent domain authority; no other changes are proposed by the 2004 Amendment. The proposed text modifications is as follows: The CDC may acquire, through eminent domain, all properties that are zoned for commercial and industrial use, and all vacant and abandoned properties (abandoned properties are those as defined by the National City Municipal Code), regardless of their zoning designation, within the entire Project Area. Specifically excluded from eminent domain are properties that are used for residential purposes. The CDC's authority to use eminent domain to acquire property shall run for twelve (12) years from the effective date of the 2004 Amendment to the Redevelopment Plan. Due to the fact that the 2004 Amendment proposes only to extend or establish the eminent domain provision within a portion of the Project Area, Section 33457.1 of the CRL dictates the required components of this Report to Council. More specifically, Section 33457.1 of the CRL states that the reports and information required by Section 33352 are only the reports and information warranted by the 2004 Amendment. Much of the information normally required that pertain to adopting a redevelopment plan was previously documented and presented in the Original Reports. Pursuant to Section 33368 of the CRL, the CDC's adoption of the ordinance adopting the Plan is final and conclusive, and it is now conclusively presumed and beyond legal challenge that the Project Area is ' Dated June 13, 1995 and June 19, 2001 respectively. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 2 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL a blighted area as defined by Sections 33030 and 33031 of the CRL and that all prior proceedings have been duly and regularly taken. Thus, no additional "blight findings" are required for adoption of the 2004 Amendment with respect to properties where existing eminent domain authority is being extended. Contents of this Report The contents of this Report are presented in fourteen (14) sections, which generally correspond to the subdivisions presented in Section 33352 of the Law. The sections are as follows: Section A Reasons for the Proposed Amendment and a Description of Specific Projects Proposed and How These Projects Will Improve or Alleviate Blighting Conditions Found in the Project Area Section B A Description of the Physical and Economic Conditions Existing in the Project Area Section C Five -Year Implementation Plan Section D Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment Section E The Method of Financing Section F The Relocation Plan Section G Analysis of the Preliminary Plan Section H Report and Recommendations of the Planning Commission Section I Report of the Project Area Committee Section J General Plan Conformance Section K Environmental Documentation Section L Report of the County Fiscal Officer Section M Neighborhood Impact Report Section N A Summary of Agency Consultation with Affected Taxing Agencies ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL Reasons for the Amendment and a Description of Specfic Projects Proposed and How These Projects Will Improve or Alleviate Blicjiting Conditions Found in the Project Area The CDC seeks to amend the Plan to extend CDC's authority (subject to all required procedures under California law) to use eminent domain to acquire all properties that are zoned for commercial and industrial use, and all vacant and abandoned properties (abandoned properties are those as defined by the National City Municipal Code), regardless of their zoning designation, within the Project Area. Specifically excluded from eminent domain are properties that are used for residential purposes. The CDC's authority to use eminent domain to acquire property shall run for 12 years from the effective date of the 2004 Amendment to the Redevelopment Plan. The 2004 Amendment does not amend, modify, change or affect in any way modify the Project Area boundaries nor does it modify any other provisions of the Plan. The CDC is undertaking the 2004 Amendment in order to expand its ability to assemble sites to facilitate commercial, industrial and residential redevelopment projects in other areas of the Project Area. Since the 1995 Redevelopment Plan was adopted that authorized the current limited eminent domain authority, the CDC has elected to initiate redevelopment projects that eliminate blight in other areas of the Project Area that are not subject to acquisition through eminent domain. Their efforts have been limited, however, due to the inability to negotiate land purchase transactions with private property owners. Expanding the scope of Plan's eminent domain authority will afford the CDC one additional tool to facilitate the elimination of blight in the commercial, industrial and residential zoned areas of the Project Area, by permitting land assemble activities within these areas. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL A Description of the Physical and Economic Conditions Existing in the Project Area Section 33352(b) of the Law requires a description of the physical and economic conditions that cause the Project Area to be blighted. This description was provided in the documentation, which was prepared as evidence in the Original Reports that the Project Area was deemed blighted at the time of adoption of the existing Plan. Sections 33030-33031 of the Law defined specific physical, economic and social conditions of blight within a redevelopment project area at the time properties were first placed in the Project Area, Given the language in both Sections 33368 and 33457.1 of the CRL, additional description would only appropriate and required for properties that establish new eminent domain authority. With respect to establishing eminent domain authority, the CDC's consultant surveyed commercial, industrial, and vacant and abandoned properties throughout the Project Area and identified the following blighting conditions over 80% of commercial and industrial zoned parcels in June of 2004: • Defective design and character of physical construction; • Faulty interior arrangement and exterior spacing; • Age, obsolescence, deterioration, dilapidation, and shifting of uses; • Lack of adequate on -site parking' • Economic dislocation, deterioration, and disuse, resulting from faulty planning; and • Deferred Maintenance. The establishment of eminent domain authority would provide another tool to assist the CDC in correction this and other blight for these commercial, industrial, and vacant and abandoned properties. Many of these properties were developed decades prior to the adoption of the existing Project Area. Neighborhoods and portions of the Project Area, particularly the properties where eminent domain authority would be established are experiencing transitional changes and continue to suffer from the affects of age. Pursuant to Section 33368 of the Law, the adoption of the ordinances adopting the Plan and subsequent amendments are final and condusive, and it is thereafter conclusively presumed that the Project Area is a blighted area as defined by Sections 33030 and 33031 of the Law and that all prior proceedings have been duly and regularly taken. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 5 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL Five -Year Implementation Plan On May 16, 2000, the CDC adopted its current Five -Year Implementation Plan (implementation Plan") for the Project Area, which expired in June of 2004. The CDC is currently in the process of adopting a new Implementation Plan for the fiscal years 2004-05 through 2008-09. The existing Implementation Plan was prepared pursuant to Section 33490 of the CRL and contains specific goals and objectives for the Project Area, the specific projects, and expenditures to be made during the five-year planning period, and an explanation of how these goals, objectives and expenditures will eliminate blight within the Project Area. The Implementation Plan is not affected by the proposed 2004 Amendment. The Implementation Plan is incorporated herein by reference. Why the Elimination of Blight and Redevelopment Cannot be Accomplished by Private Enterprise Acting Alone or by the Agency's Use of Financing Alternatives Other Than Tax Increment Section 33352(d) of the CRL requires an explanation of why the elimination of blight in the Project Area cannot be accomplished by private enterprise alone, or by the CDC's use of financing alternatives other than tax increment financing. This information was previously provided in the supporting documentation prepared and provided at the time of the adoption of the existing Project Area. The 2004 Amendment will not make any changes that would affect the validity of the previously prepared documentation supporting the need for tax increment. The Method of Financing The method of financing redevelopment activities was provided in the Original Reports when the Project Area was adopted. The 2004 Amendment will not alter the Project Area boundaries, affect the base year value or change the ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL proposed method of financing, the 2004 Amendment does not warrant that method of financing be reviewed. The Relocation Plan Sections 33352(0 and 33411 of the CRL require the Agency to prepare a method or plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities located within the Project Area, and nonprofit local community institutions to be temporarily or permanently displaced from facilities actually used for institutional purposes in said Project Area. The CDC has previously approved the Relocation of Persons Displaced ("Method of Relocation"). This Method of Relocation was amended on July 18, 1995. The final Method of Relocation is incorporated herein by reference and is on file with the Secretary of the CDC. Because no specific projects requiring relocation can be identified at this time, it is not feasible to identify specific businesses, residences, or local community institutions which may need to be relocated at some time during the implementation process. If relocation activities are undertaken, the CDC will handle those relocation cases that result from project activities on an individual case -by -case basis. As a public agency formed under the provisions of state law, the CDC is required to adhere to State Relocation Law (Govemment Code Sections 7260 through 7277) and follow the Califomia Relocation Assistance and Real Property Acquisition Guidelines ("State Guidelines") as established in the Califomia Administrative Code, Title 25, Chapter 6. In 1997, the State Relocation Law was amended by Assembly Bill 450 to bring State Relocation Law in conformance with federal regulations. The State Guidelines and Relocation Law comply with the requirements of CRL Section 33411.1. Prior to commencement of any acquisition activity that will cause substantial displacement of residents, the CDC will adopt a specific relocation plan in conformance with the State Guidelines. To the extent appropriate, the CDC may supplement those provisions provided in the State Guidelines to meet particular relocation needs of a specific project. Such supplemental policies will not involve reduction, but instead enhancement of the relocation benefits required by State Law. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL Analysis of the Preliminary Plan An analysis of the Preliminary Plan was provided in the supporting documentation prepared at the time the Project Area was adopted. Pursuant to Section 33457.1 of the Law, because the analysis of the Preliminary Plan remains the same and is not affected by the 2004 Amendment, additional analysis is not required. Report and Recommendation of the Planning Commission Section 33352(h) of the CRL requires inclusion of a report and recommendation of the National City Planning Commission ("Planning Commission"). The report and recommendation of the Planning Commission was provided in the supporting documentation prepared at the time the Project Area was adopted. The CDC did not request a new report and recommendation of the Planning Commission for the 2004 Amendment, because it does not affect the Plan's land use provisions and it was previously determined that the existing Plan was in conformance with the adopted General Plan of National City. Therefore, it was not necessary to require the Planning Commission to make additional findings. Report of the Project Area Committee Pursuant to the Law, a redevelopment agency shall call upon the property owners, residents, business tenants and existing community organizations in a redevelopment project area, or amendment area, to form a project area committee ("PAC") if: (1) granting the authority to the agency (CDC) to acquire by eminent domain property on which persons reside in a project area in which a substantial number of low- and moderate -income persons reside; or (2) add territory in which a substantial number of low- and moderate -income persons ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 8 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL reside and grant the authority to the agency to acquire by eminent domain property on which persons reside in the added territory. The CDC did not form a PAC because the 2004 Amendment specifically excludes from the proposed expansion of eminent domain properties that are used for residential purposes, and no projects or programs have been identified that will displace a substantial number of low- and moderate -income persons. Therefore, it was not necessary to form a PAC pursuant to Section 33385.3 for the purposes of making additional findings. General Plan Conformance The 2004 Amendment does not contain provisions which would alter land use designations, nor does the proposed 2004 Amendment affect the land use provisions of the Plan. Information that determined the Plan was in conformance with the General Plan was provided in the documentation prepared at the time the Project Area was adopted. Therefore, Section 333520) of the Law requiring a report of General Plan conformance per Section 65402 of the Govemment Code is not required. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 9 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL Environmental Documentation Section 33352(k) of the Law requires environmental documentation to be prepared pursuant to Section 21151 of the Public Resources Code. Concurrent with the adoption of the Plan and the subsequent amendments, the CDC undertook appropriate environmental documentation as necessary. In 1995, a Program Environmental Impact Report ("1995 EIR") was -prepared in conjunction with the 1995 Amendment. The 1995 EIR reviewed and established mitigation policies relating to impacts associated with implementation of the Plan as amended by the 1995 Amendment. The 1995 EIR was included in the 1995 Report to the City Council and is incorporated herein by reference. For the 2004 Amendment, an Initial Study was prepared pursuant to Califomia Environmental Quality Act guidelines, which found that the proposed 2004 Amendment to extend for commercial, industrial, vacant and abandoned properties would not have a significant adverse impact on the environment. As such, on July 30, 2004, a Negative Declaration for the 2004 Amendment was completed and made available for review and comment. The public review period was conducted from July 30, 2004 through August 30, 2004. A copy of the Negative Declaration follows. Report of the County Fiscal Officer The proposed 2004 Amendment will not enlarge the Project Area; therefore, it is not necessary for the CDC to request a base year report from the County of San Diego pursuant to CRL Section 33328. Project Area fiscal information was provided in the supporting documentation prepared and provided at the time the Project Area was adopted. Because the proposed 2004 Amendment will not alter the boundaries of the Project Area, this report is not needed or required. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 10 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL Neighborhood Impact Report Section 33352(m) of the Law requires the indusion of a Neighborhood Impact Report. This information is presented in the Original Reports that were prepared and provided at the time Project Area was adopted. Because the proposed 2004 Amendment will not enlarge the Project Area; pursuant to Section 33457.1 of the Law no additional analysis would be appropriate or required. A Summary of the Agency Consultation with Affected Taxing Agencies Because the 2004 Amendment does not add area to the Project Area, submission of a request to the County to prepare a report pursuant to Section 33328 of the Law was required or appropriate. Therefore, a summary of this report is not included. With regard to consultations, the taxing agencies received all notices regarding the 2004 amendment and they were invited to contact the CDC Executive Director regarding the 2004 Amendment. However, as of the date of this Report, no taxing agency has yet contacted the CDC. The 2004 Amendment does not affect the financing in any way nor does it change land uses or public improvement projects. ROSENOW SPEVACEK GROUP, INC. SEPTEMBER 15, 2004 NATIONAL CITY - 11 - COMMUNITY DEVELOPMENT COMMISSION REPORT TO COUNCIL REDEVELOPMENT PLAN AMENDMENT Extend the Authority to Use Eminent Domain NEGATIVE DECLARATION Prepared for: Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, California 91950-3312 (619) 336-4250 Prepared by: Phil Martin & Associates 18195 McDurmott East, Suite C Irvine, CA 92614 (949) 250-0503 JULY 2004 EXHIBIT 3 ..alifomia Environmental Quality Act Initial Study Community Development Commission of National City 140 E. 121h Street, Suite B National City, Cal 9195( Telephone (619) 336-4250 Fax (619) 336-4286 Project Title and File No.: Redevelopment Plan Amendment — Extend the Authority to Use Eminent Domain Lead Agency: Project Contact: Project Sponsor: Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Oliver Mujica Community Development Commission of the City of National City 140 E. 12° Street, Suite B National City, CA 91950-3312 (619) 336-4250 Community Development Commission of the City of National City 140 E. 12th Street, Suite B National City, CA 91950-3312 (619) 336-4250 Project Location: The project includes the redevelopment project areas west of Interstate 805 as shown in Figure 1. -oject Description: The Community Development Commission of the City of National City proposes to amend the Redevelopment Plan for the National City Redevelopment Project to expand the Commission's authority to acquire property, as a last resort, through eminent domain to vacant property (as defined in the National City Municipal Code Section 7.06.20) and all commercial and industrial zoned properties within the National City Redevelopment Project Area located west of Interstate 805 (Amendment). The current exemption for single-family residences would not be changed. The Commission currently has the authority to acquire property through eminent domain until July 2007 in the following areas: • Properties located immediately east and adjacent to National City Boulevard, between Division Street and the south City limits. • Properties located immediately west and adjacent to National City Boulevard, between Division Street and State Route 54. • Properties located immediately north and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately south and adjacent to Civic Center Drive, between Interstate 5 and National City Boulevard. • Properties located immediately north and south and adjacent to 8th Street, between Interstate 5 and "D" Avenue. • Properties west of Interstate 5, excepting the San Diego Unified Port District property. • Specific properties located immediately southwest of the intersection of Plaza Boulevard and Highland Avenue. The Amendment will extend the Commission's authority to acquire commercial and industrial (non-residential) property through eminent domain until 2014. No other changes to the Redevelopment Plan for the National City Redevelopment Project are included in this Amendment. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 1 Figure 1 Project Area Map Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 2 Other public agencies whose approval is required (e.g. permits, financing approval, participation agreement): The Community Development Commission of the City of National City is the only agency whose approval is required for this proposed redevelopment plan Amendment. The proposed Amendment does not directly propose any projects, public or private at this time. Indirectly, however development could occur in the project area in the future as a result of the use of eminent domain for a specific project. It is speculative at this time to identify or determine with any certainty projects that may occur in the future and the environmental impacts, if any that would be associated with the project. The Community Development Commission and/or the City of National City would conduct the appropriate environmental analysis pursuant to the Califomia Environmental Quality Act at the time a project is formally submitted to either agency for approval. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils DETERMINATION: On the basis of this evaluation: 0 Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing 0 El Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings ® I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION would be prepared. ❑ I find that although the proposed project could have a significant impact on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION would be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 3 ❑ I fmd that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Phil Martin & Associates Under contract with the Community Development Commission Reviewed by: Oliver Mujica, Project Manager Department Representative Date: July 28, 2004 Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 4 Environmental Factors AES I IWTICS: Would the project: Have a substantial adverse effect on a scenic vista? Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? H. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which due to their location or nature could result in conversion of farmland to non-agricultural use? III. AIR QUALITY: Would the project: a) b) c) d) e) Conflict with or obstruct applicable air quality plan? Violate any air quality substantially to an existing violation? implementation of the standard or contribute or projected air quality Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non - attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Less than Significant Impact No Impact u ■ ❑ ■ ❑ ■ ❑ ■ ■ ❑ ❑ ❑ ■ ❑ 0 ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ 0 ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 5 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? b) Have substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? c) Have substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community conservation Plan, or other approved local, regional or state habitat conservation plan? V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of an historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource as defined in § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: Would the project: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ■ ■ ■ ■ ❑ 0 0 • ❑ 0 0 ❑ 0 0 ❑ 0 0 ❑ 0 0 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based ❑ ❑ ❑ ■ Community Development Comrnission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 6 Environmental Factors on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ii) Strong seismic ground shaking? ❑ 0 ❑ ■ iii)Seismic-related ground failure, including ■ liquefaction? ❑ ❑ iv) Landslides? 0 0 0 ■ b) Result in substantial soil erosion or loss of topsoil? 0 0 ❑ ■ c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on -or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? ❑ e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ✓H. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code Section 65692.5 and, as a result, would create a significant hazard to the public or environment? ❑ ❑ ❑ ■ e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? ❑ ❑ ❑ ■ f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? ❑ ■ g) Create a significant hazard to the public or the El ❑ ■ Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain ❑ 0 ■ ❑ ❑ ■ 0 ■ ❑ ❑ ❑ ■ ❑ ■ ❑ ■ July 2004 Page 7 Environmental Factors Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact environment through the presence or release of methane gas? VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ ■ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 0 0 0 ■ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? 0 ❑ ❑ • d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -site? ❑ ❑ ❑ ■ e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ❑ ❑ ❑ ■ f) Otherwise substantially degrade water quality? 0 0 0 ■ g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard map? ❑ ❑ ❑ ■ h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? 0 0 ❑ ■ i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ ❑ ❑ ■ j) Inundation by seiche or mudflow? 0 0 0 ■ IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? ❑ ❑ ❑ ■ b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? ❑ ❑ ❑ ■ Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 8 Environmental Factors c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? b) Exposure of person to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? 7OII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ■ ■ ■ ■ ■ ■ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 9 Environmental Factors XIII. PUBLIC SERVICES: Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 0 0 ❑ ■ i) Fire protection? ❑ ❑ ❑ ■ ii) Police protection? ❑ 0 ❑ ■ iii) Schools? ❑ ❑ 0 ■ iv) Parks? ❑ ❑ ❑ ■ v) Other public facilities? ❑ 0 ❑ ■ XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management Commission for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ❑ ❑ ■ ❑ ❑ 0 ■ ❑ ❑ ❑ ■ ❑ ❑ 0 ■ ❑ 0 ❑ • ❑ ❑ ❑ • ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ❑ ■ Community Development Conunission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 10 Environmental Factors facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVU. ENERGY: Would the project: Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ■ ❑ ❑ ❑ ■ 0 ❑ ❑ ■ ❑ 0 ❑ ■ ❑ ❑ ❑ ■ a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? ❑ ❑ 0 mi b) Conflict with existing energy standards? ❑ • c) Would the project reduce solar access or opportunities for passive heating and cooling on the site or nearby property? ❑ ❑ ❑ ■ XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the• number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ II b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with [] [] ❑ s Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 11 Environmental Factors the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact ❑ ❑ ❑ ■ Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 12 Explanation of Checklist Responses AESTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The Amendment would not have a substantial adverse effect on a scenic vista because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could have a substantial adverse effect on a scenic vista. The Amendment indirectly could encourage development in the redevelopment project area . The National City General Plan does not identify any scenic vistas in the city; therefore, future development in the project area due indirectly to the adoption of the Amendment would not impact any scenic vista. The Amendment would not have any scenic vista impacts. b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Amendment would not damage scenic resources within a state scenic highway because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could damage scenic resources within a state scenic highway. Indirectly, the Amendment could result in development in the redevelopment project. A section of National City Boulevard in the Mile of Cars section of National City is a state scenic highway. The city would require all development along this portion of National City Boulevard to comply with the appropriate state and city guidelines to protect a state scenic highway. Development that indirectly occurs in any other section of the project area would not damage or impact any trees, rocks, or historic buildings since none of these features exist. The Amendment would not have any significant scenic resource impacts. c) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The Amendment would not substantially degrade the existing visual character or quality of the redevelopment project area and the surroundings because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could substantially degrade the existing visual character or quality of the project area. Subsequent development in the project area due indirectly to the use of eminent domain as allowed by the Amendment could impact the existing visual character of a specific site and its surroundings. The Community Development Commission and/or City of National City would conduct subsequent environmental analysis pursuant to and in compliance with the Califomia Environmental Quality Act (CEQA) at the time projects are submitted for approval to determine if a project would have an impact on the visual character or quality of a specific site and its surroundings. If the city determines a project could impact the visual character of a site and/or its surroundings, changes or modifications would be required. The city adopted the National City Design Guidelines to assure that development is in harmony with the character and quality of the environment that the city finds desirable to foster. The purpose of the National City Design Guidelines Manual is to provide a "guide" to what the city considers appropriate, quality design, which promotes the health, safety, and general welfare of the community. The Guidelines articulate the city's goals and basic design philosophy for quality development within the city limits and provide the framework for the design review process. The Guidelines are not specifications nor do they preclude alternatives or restrict imagination. Rather, Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 13 they are the city's preferences and provide examples of what the city considers acceptable! The Guidelines supplement the development standards and regulations contained in the National City Land Use Code and are applicable in accordance with the requirements for site plan review under Chapter 18.128 of the Code. The Community Development Commission and/or the city would require changes to projects to ensure that they do not degrade the visual character of a specific site or its surroundings. All projects would be required to meet the applicable guidelines in the National City Design Guidelines based on the project proposed. The Amendment would not degrade the visual character of the project area. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? No Impact. The Amendment would not create any new sources of substantial light or glare and affect day or nighttime views in the redevelopment project area because development is not proposed directly in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose anypublic or private development projects that could create new sources of light or glare. Indirectly, the extension of the use of eminent domain could result in development in the project area. Depending upon the type and density of development, light and/or glare could impact surrounding land uses. Nighttime lighting including safety and security lights, interior building lights, automobile headlights, etc. could impact surrounding development. Glare from windows and metal surfaces could also impact adjacent development. The Community Development Commission and/or the city would review all projects for potential light and glare impacts and require changes and modifications when necessary to reduce light and glare impacts. H. AGRICULTURAL RESOURCES: Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Commission, to non-agricultural use? No Impact. The Amendment would not have a substantial adverse effect on prime farmlands because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could impact farmland or agricultural land. There are no agricultural operations or prime farmland in the project area. Therefore, future development would not impact agricultural resources or operations and would not convert prime farmland, unique farmland or farmland of statewide importance to non-agricultural use since none exist. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. Please see the response to a) above. c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland, to non-agricultural use? No Impact. Please see the response to a) above. III. AIR QUALITY: Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The Amendment would not have a conflict or obstruct implementation of an applicable air quality plan because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not directly propose any public or private development projects that would conflict with or obstruct implementation of applicable air quality plan(s). ' City of National City Design Guidelines, February 1991, Amended by Resolution No. 96-19, February 6, 1996, page I-1. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 14 National City is located in the San Diego Air Pollution Control District. Indirectly, the extension of the use of eminent domain could encourage new development. Depending upon the type and -density of development, project air emissions could impact and obstruct implementation of an applicable -air quality plan. The Community Development Commission and/or the city would review all development projects for potential impacts to air quality plans and require project changes or modifications to ensure compliance. The Amendment would not directly impact the implementation of any air quality plans. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The Amendment would not violate an air quality standard or contribute substantially to an existing or projected air quality violation because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that would violate air quality standards or contribute to an existing projected air quality violation. Indirectly, the Amendment could result in development in the project area. Depending upon the type and density of new development the project air emissions could violate an air quality standard or standards, or contribute substantially to an existing or projected air quality violation. The Community Development Commission and/or the city would review all future projects for potential violations to existing air quality standards such as exceeding air emission thresholds during either project construction or the life of the project. If a project is expected to violate an air quality standard or contribute substantially to an existing or projected air quality violation specific measures would be required to be incorporated into the project to reduce air emissions in compliance with air quality standards in force at that time. The Amendment would not violate air quality standards or contribute to an existing air quality violation, including ozone. c) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non -attainment under applicable federal or state ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? No Impact. The Amendment would not result in a cumulative considerable net increase of a criteria pollutant for which the region is. non -attainment because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment extends the authority of the Community Development Commission to use eminent domain until 2014 only and does not propose public or private development projects that would result in a cumulatively considerable increase of criteria pollutants for which the region is non -attainment. Indirectly, the Amendment could result in development if eminent domain is used to acquire property. Depending upon the type and density of development that is constructed, the Amendment could cumulatively add criteria pollutants that are non -attainment in the San Diego Air Pollution Control District, including ozone. The air emissions generated by future development due indirectly to the Amendment could contribute emissions to the air basin that are cumulative and further non -attainment of ozone. The Community Development Commission and/or city would review all projects for potential impacts to criteria pollutants and require the use of all applicable pollution control measures as applicable to control emissions to acceptable levels. The Amendment would not directly impact criteria pollutants for which the San Diego Air Pollution Control District is non -attainment, including ozone. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The Amendment would not expose sensitive receptors to substantial pollutant concentrations because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could expose sensitive receptors to substantial pollutant concentrations. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 15 Indirectly, the Amendment could result in development if eminent domain is used to acquire property in the project area. Depending upon the type and density of development the air emissions generated by a project could expose sensitive receptors to pollutant concentrations. The Community Development Commission and/or city would evaluate all projects for potential impacts to sensitive receptors at the time projects are submitted for approval. If it is determined that a project could expose sensitive receptors to substantial pollutant concentrations, the Community Development Commission and/or city would require changes to reduce the impacts. The Amendment would not directly impact sensitive receptors by exposing them to substantial pollutant concentrations. e) Create objectionable odors affecting a substantial number of people? No Impact. The Amendment would not create objectionable odors that could affect people because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could create objectionable odors. The Amendment could indirectly result in development if eminent domain is used to acquire property. Depending upon the type and density of development odors could be generated and affect people in close proximity to the site. The Community Development Commission and/or the city would evaluate all projects for odor impacts to people that either live or work in close proximity at the time they are submitted for approval. If it is determined that a project could generate odors that affect a substantial number of people the Community Development Commission and/or city would require changes to reduce or eliminate odor impacts accordingly. IV. BIOLOGICAL RESOURCES: Would the project: a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. The Amendment would not have a substantial adverse effect, either directly or through habitat modifications to any species identified as a candidate sensitive, or special status species in local or regional plans, policies, or regulations, by the California Department of Fish and Game or the U.S. Fish and Wildlife Service because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that would impact plant or wildlife species. The property in the project area is most developed and urbanized. Due to the lack of suitable habitat there are not any candidate plant or wildlife species that would be impacted if development occurs indirectly due to the Amendment. There are no habitat conservation plans associated with any property in the project area. The Amendment would not have any biological resource impacts directly or indirectly because there are no biological resources in the project area that can be impacted. b) Have substantial adverse effects on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? No Impact. Please see the response to a) above. c) Have substantial adverse effects on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. Please see the response to a) above. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. Please see the response to a) above. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 16 e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. Please see the response to a) above. fi Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. Please see the response to a) above. V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the signiflcance of an historical resource as defined in Section 15064.5? No Impact. The Amendment would not cause a substantial adverse change in the significance of a historical resource because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would adversely impact a historical resource. Indirectly, the Amendment could result in development in the project area if eminent domain is used to acquire property and buildings are either historical or candidates as historical buildings. The Community Development Commission and/or city would evaluate all projects for potential historical resource impacts at the time development plans are submitted for approval. If it is determined that a historical resource could be impacted, the Community Development Commission and/or city would require measures to ensure the protection of the resource in compliance with the law. If resources suspected of being historically significant were uncovered during construction the city would evaluate the resources and protect it in compliance with CEQA Guideline §15064.5, as applicable. b) Cause a substantial adverse change in the significance of an archaeological resource as defined in §15064.5? No Impact. The Amendment would not cause a substantial adverse change in the significance of an archaeological resource because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could cause adversely impact an archaeological resource. Indirectly, the Amendment could result in development if eminent domain is used to acquire property. The National City General Plan does not identify any archaeological resources within the project area that would be impacted by future development. If archaeological resources, or artifacts of historical importance are uncovered during construction all construction activity shall cease and the city shall be notified immediately. The city would take the lead to determine whether or not the resources are significant and need to be protected in compliance with CEQA Guideline § 15064.5. The Amendment would not impact archaeological resources. c) Directly or indirectly destroy a unique paleontological resources or unique geologic feature? No Impact. The Amendment would not destroy a unique paleontological resources or unique geologic feature because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that would destroy a unique paleontological resources or unique geologic feature. Indirectly, the Amendment could result in development in the project area if eminent domain is used to acquire property. The National City General Plan does not identify any paleontological resources in the city, including the project area. The Amendment would not impact paleontological resources. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 17 d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. The Amendment would not disturb any human remains, including those interred outside of formal cemeteries because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could disturb human remains. Indirectly, the Amendment could result in development if eminent domain is used to acquire property. There are no known buried human remains or formal cemeteries in the project area. Therefore, the Amendment would not impact human remains, including those within or outside formal cemeteries. VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) No Impact. The Amendment would not cause a rupture of a known earthquake fault because development is not directly proposed with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose any public or private development projects that could rupture or be impacted by an earthquake fault. Indirectly, the Amendment could result in development if eminent domain is used to acquire property. Based on information in the National City General Plan and the California Geological Survey there are no known active faults in the city. However, there are several faults outside the city that could impact development in the project area. The Sweetwater Fault extends along the eastern edge of National City, but is considered to be inactive. The potential for movement on the nearby active La Nacion and Rose Canyon faults, located outside National City, could have devastating effects to development in National City as well as other areas in San Diego County. The region is also prone to earthquakes that could occur on more distant faults, such as the Elsinore, San Clemente, San Jacinto and San Andreas, and suitable precautions should be practiced2. The city must approve the building plans before the construction of any projects can occur. As part of the building plan permit process all projects would be required to incorporate all applicable measures in the Uniform Building Code to protect people and structures from the rupture of earthquake faults. The city could require the submittal of a geotechnical study to identify the geology of the site along with the grading and building plans. The geotechnical study would state whether or not the site conditions can safely support the project or if corrective soil and geotechnical measures would be required for the project to be safely constructed. There is no information at this time to indicate that future projects developed in the project areas would be impacted to any greater level than other development in the city. The incorporation of all applicable earthquake safety features required by the Uniform Building Code and recommendations in any geotechnical report prepared for a project would reduce geologic impacts. The Amendment would not impact or be impacted by earthquake faults in the area or the region. ii) Strong seismic ground shaking? No Impact. The Amendment would not cause strong seismic ground shaking because development is not directly proposed in conjunction with the adoption of the 2 City of National City General Plan, approved September 10, 1996, page 18. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 18 Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 for commercial and industrial property and does not propose any public or private development projects that could cause or be impacted by strong seismic ground shaking. Indirectly, the Amendment could result in development if eminent domain is used to acquire property. Residents, employees, and buildings would not be exposed to any greater degree of ground shaking with the adoption of the Amendment than currently exists. All projects, independently of the use of eminent domain, must provide applicable earthquake construction measures and hardware as required by the Uniform Building Code to reduce ground -shaking impacts. The Amendment would not change the exposure of people and buildings to seismic ground shaking. iii) Seismic -related ground failure, including liquefaction? No Impact. The Amendment would not cause seismic -related ground failures, including liquefaction because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could cause ground -failure, such as liquefaction. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Depending upon the location a project could be impacted by liquefaction or other seismic — related ground failures. However, whether or not development is impacted by liquefaction or any other seismic -related ground failure is not dependent upon the use of eminent domain. The use of eminent domain to would not change the exposure of a project to liquefaction or any other type of ground failure. Geotechnical reports would be prepared for individual projects to determine if they would be exposed to seismic -related ground failures. If a site is subject to liquefaction or any other seismic -related ground failure, measures would be incorporated into the project to the satisfaction of the City Engineer to mitigate the impact. The Amendment would not have any seismic -related ground failures, including liquefaction. iv) Landslides? No Impact. The Amendment would not cause any landslides or expose people or property to landslides because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could cause or be exposed to landslides. Indirectly, the use of eminent domain to acquire property could result in development. There are no large hillside areas within or adjacent to the project areas that could impact development. Therefore, landslides would not impact development and the Amendment would not have any landslide impacts. b) Result in substantial soil erosion or loss of topsoil? No Impact. The Amendment would not result in substantial soil erosion or loss of topsoil because development is not directly proposed in conjunction with the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could cause or result in soil erosion or loss of topsoil. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Development of projects could result in soil erosion and/or the loss of topsoil if construction occurs during the winter months when rainfall typically occurs and proper measures to reduce soil erosion are not implemented and Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 19 maintained throughout construction. Soil erosion can also occur during periods of high winds if proper soil erosion protection measures such as soil binders are not used. The incorporation of all applicable soil erosion prevention measures that are required by the city would minimize soil erosion impacts during periods of rainfall and high winds. The National City Building Department would identify the soil erosion protection measures that would be incorporated into projects to reduce soil erosion. The Amendment would not have any soil erosion or topsoil impacts. c) Be located on a geologic unit or soil that is unstable or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact. The Amendment would not place development on a geologic unit or soil that is unstable or become unstable due to soil or seismic conditions because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could place development on unstable soil or geologic units and cause on or off -site ground failure. Indirectly, the use of eminent domain to acquire property could result in development within the project area. Although the National City General Plan does not identify any geologic constraints, there could be specific sites with a high water table that could be impacted by liquefaction. A geotechnical report would be submitted to the city in conjunction with grading and building plans for each project to address whether or not unstable soil or geologic units, including liquefaction, would impact the project. If the project could be impacted by soil and/or geological conditions the geotechnical report would identify the measures that could be implemented to correct the condition for safe development. The Amendment would not cause unstable soil or geological conditions. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or the site? No Impact. The Amendment would not place development on expansive soil because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could place development on expansive soil. Indirectly, the use of eminent domain to acquire property could result in development within the project area. Although the National City General Plan does not identify any expansive soil, there could be some isolated areas where expansive soil exists. A geotechnical report would be submitted to the city along with grading and building plans for each project to address whether or not the project would be impacted by expansive soil. If expansive soil exists the geotechnical report would identify the measures that could be implemented to correct the condition to allow safe development. The Amendment would not impact or be impacted by expansive soil. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The Amendment would not require the use of septic tanks because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would use septic tanks. The City of National City requires all development to connect to the public sewer system and does not allow the use of septic tanks. The Amendment would not change the requirement by the city for development to connect to the public sewer system. VH. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact. The Amendment would not create a significant hazard to the public or the Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 20 environment through the routine transport, use, or disposal of hazardous materials because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain. until 2014 and does not propose public or private development projects that could create a hazard to the public or the environment. Indirectly, the use of eminent domain to acquire property could result in development in the project area. The development of projects could include the transport, use or disposal of hazardous materials, depending upon the project. The city would review all future projects for potential hazards and the projects that generate or use hazardous materials would be required by the city would require each project to meet all applicable laws and regulations for the use, storage, and transport of hazardous materials. Compliance with all applicable laws and regulations for the transport and use of hazardous materials would minimize hazards to the public and the environment to acceptable levels. The Amendment would not have any hazardous impacts. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact. Please see the response to a) above. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? No Impact. Please see the response to a) above. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a signant hazard to the public or environment? No Impact. They're no sites in the redevelopment project area that are listed as a hazardous material site pursuant to Government Code Section 65962.5. Therefore, the Amendment would not have any direct or indirect impacts with regards to listed hazardous materials sites pursuant to Government Code 65962.5. e) For a project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport, would the project result in a safety hazard for people working or residing in the project area? No Impact. The redevelopment project area is not located within the boundary of an airport land use plan or within two miles of a public airport. The closest airport to the project area is the San Diego International Airport, which is approximately seven miles northwest of National City. fi Impair implementation of or physically interfere with, an adopted emergency response plan or emergency evacuation plan? No Impact. The Amendment would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could impair implementation of or physically interfere with an adopted emergency response plan. Indirectly, the use of eminent domain to acquire property could result in development in the project area. All development would be required to provide emergency access that allows for safe and effective access routes for fire and police equipment and personnel as well as people leaving the site in the event of an emergency. The city would review all projects for safe emergency access to ensure that emergency access is provided. The Amendment would not have any emergency response plan or emergency evacuation plan impacts. g) Create a significant hazard to the public or the environment through the presence or release of methane gas? No Impact. The Amendment would not create a significant hazard to the public or the environment through the presence or release of methane gas because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to Community Development Conunission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 21 use eminent domain until 2014 and does not propose public or private development projects that could create a significant hazard to the public or the environment. Indirectly, the use of eminent domain to acquire property could result in development in the project area. The general plan does not identify any areas in National City where methane gas exists and would impact development due to a release of methane gas. The city would not approve any development that knowingly releases methane gas and create a hazard. The city would review all projects at the time they are submitted for approval for potential hazards by methane gas and require project changes and modifications to eliminate the hazard. The Amendment would not create any hazards to the public or the environment through the presence or release of methane gas. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? No Impact. The Amendment would not violate water quality standards or waste discharge requirements because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could violate water quality standards of waste discharge requirements. Indirectly, the use of eminent domain to acquire property could result in development, which could generate surface water and violate water quality standards. All projects that require grading and/or construction are required to install measures prior to the start of construction to protect the quality of surface water runoff. For those projects that are greater than one acre in size, the project developer would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) for review prior to the issuance of either a grading or building permit. The SWPPP would include Best Management Practices (BMP's) that would be installed prior to the start of construction and maintained throughout the construction to reduce soil erosion. The BMP's would be installed prior to the start of construction to reduce sediments and other materials from being carried off -site and discharged into the local storm drain system. Some BMP's would be maintained throughout the construction period while others would have to be maintained throughout the life of the project. The city would require the installation of BMP's as necessary to mitigate impacts to water quality in compliance with all applicable State and Federal water quality rules and regulations. The Amendment would not violate any water quality standards or waste discharge requirements. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The Amendment would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would substantially deplete groundwater supplies or interfere with groundwater recharge. Indirectly the use of eminent domain to acquire property could result in development in the project area. An increase in development could interfere with groundwater recharge if new development results in a net decrease in permeable area for water to percolate into the ground. Although the project area is mostly developed, there are some undeveloped areas where rainfall can percolate into the soil. Development that reduces the amount of soil available for water percolation could impact the local aquifer. Due to the relatively small amount of undeveloped land in the project area a reduction in permeable land would not result in a significant impact to groundwater recharge. The city would review all development proposals for impacts to groundwater recharge at the time development plans are submitted for approval. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 22 The Sweetwater Authority provides water service to National City and obtains most of its water supply from the Colorado River. It does, however, obtain some of its water supply from local wells. Development that reduces the amount of permeable soil available for rainfall to recharge the local groundwater could impact the Sweetwater Authority's water supply. However, the Amendment itself would not impact groundwater supplies or interfere with groundwater recharge. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off -site? No Impact. The Amendment would not substantially alter the existing drainage pattern of any property or result in substantial erosion or siltation on or off -site because development is not directly proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could substantially alter existing drainage patterns. Indirectly, the use of eminent domain to acquire property could result in development in the project area. New construction could require the existing drainage pattern of some sites to be modified that could alter existing drainage patterns. The city would review the grading plans of projects for potential erosion and siltation impacts due to modifications or changes to the existing drainage patterns. If existing drainage patterns are altered that could result in substantial erosion or siltation impacts on or off the site the city would require changes and the incorporation of measures to reduce erosion impacts. The Amendment would not impact drainage patterns or cause substantial erosion or siltation impacts. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate of amount of surface runoff in a manner that would result in flooding on- or off -site? No Impact. Please see the response to c) above. e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? No Impact. The Amendment would not create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects the could create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems. Indirectly, the use of eminent domain to acquire property could result in development in the project area. New construction could generate quantities of runoff that could exceed the capacity of existing or planned storm drainage systems or provide substantial additional sources of polluted runoff As stated in response a) above, all applicable projects would be required to install and maintain proper measures to reduce the amount of sediments and other potential sources of surface water pollution. The development of property that is currently vacant or underdeveloped could generate quantities of surface water runoff and impact the local or regional storm drain system. The generation of surface water beyond the capacity of the storm drain system could significantly impact the storm drain system. The city would review all projects to determine if the existing system has capacity to handle the surface water flows or if upgrades are required. The Amendment itself would not impact the capacity of existing or planned storm drain systems. J) Otherwise substantially degrade water quality? No Impact. Please see the response to a) above. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 23 g) Place housing within a 100 year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The Amendment would not place housing within a 100-year flood hazard area because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could place housing in a 100-year flood hazard area. Indirectly, the use of eminent domain to acquire property could result in development in the project area. The Amendment specifically excludes residential development; therefore no housing would be placed in a flood hazard area indirectly by the adoption and implementation of the Amendment. h) Place within a 100 year flood hazard area structures that would impede or redirect flood flows? No Impact. The Amendment would not place structures within a 100-year flood hazard area because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would place structures in a 100-year flood hazard area. Indirectly, the use of eminent domain to acquire property could result in development in the project area. There are areas located in a 100-year flood zone, thus it is possible that future development could be placed in a 100- year flood hazard. The city would review all development proposals for potential flood hazards and require proper protection from flooding for those structures constructed in a flood hazard area. The Amendment would not directly have any flood hazard impacts. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? No Impact. The project area is not located in a dam inundation area and there are no levees that could break and flood properties in the project areas. The Amendment would not expose people or structures to significant risk of loss, injury or death involving flooding due to the failure of a levee or dam. j) Inundation by seiche or mudflow? No Impact. There are no large bodies of water either located within or adjacent to the project area that could impact a project due to a seiche. While there are a few areas in National City with hillsides, there are no areas that are known to have mudflows and could impact development. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could be inundated by a seiche or mudflow. Indirectly, the use of eminent domain to acquire property could result in development in the project area. The Amendment would not expose people or property to inundation or impacts by a seiche because there are no large bodies of water that could impact development. The areas in National City where hillsides do exist are not large enough in area to have mudflows that could impact development. The Amendment would not impact any development due to inundation by a seiche or mudflow. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? No Impact. The Amendment would not physically divide an established community because development is not proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could physically divide an established community. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 24 Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development must be consistent with and comply with the National City General Plan, which does not allow development to divide an established community. The proposed Amendments would not directly or indirectly divide an established community. b) Conflict with applicable land use plan, policy or regulation of agencies with jurisdiction over the project (including, but not limited to general plan, specific plan, or development code) adopted for the purpose of avoiding or mitigation an environmental effect? No Impact. The Amendment would not conflict with applicable land use plans, policies, or regulations of agencies with jurisdiction over development in the project area because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could conflict with a land use plans, policies or regulations. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development could conflict with the land use adopted by the general plan, a specific plan or the city's development code. Future projects would be reviewed for consistency and compatibility with the adopted plans and codes and changes or revisions would be require if necessary to comply with the applicable plans and codes. The Amendment itself would not directly impact or conflict with any adopted land use plans or codes. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The Amendment would not conflict with a habitat conservation plan or natural community conservation plans because development is not directly proposed in conjunction with that adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could conflict with habitat conservation plans or natural community conservation plans. The city does not have any adopted habitat conservation or natural community conservation plans. However, there are areas in close proximity to the project area with habitat and wildlife resources that are protected and development could impact the resources. The city would review projects for potential conflicts with these known wildlife resource areas and require measures to protect the resources when necessary. Since no development is directly proposed with the Amendment, no impacts due to conflicts with applicable habitat conservation or natural community conservation plans would occur. X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. The Amendment would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could result in the loss of availability of a known mineral resource that is of value to the region and the residents of the state. Indirectly, the use of eminent domain to acquire property could result in development in the project area. There are no known mineral resources within the project area that are of value to the region or the state. Therefore, future development would not impact any mineral resources. The Amendment would not impact minerals of value to the region or the state. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. Please see the response to a) above. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 25 XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? No Impact. The Amendment would not exposure people to or generate noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could expose persons to or generate noise in excess of standards established by the National City General Plan. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Development could expose residents or employees to noise levels that exceed the city's noise ordinance or projects could generate noise levels that exceed the city's allowable noise levels. The city would review all development proposals for noise impacts and require changes or modifications accordingly to ensure compliance with the city's noise standards. The Amendment would not have any noise impacts by exposing people to levels that exceed the city's noise ordinance. b) Exposure of person to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. The Amendment would not exposure people to or generate excessive ground home vibration or ground home noise levels because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects and would not expose people to or generate excessive ground borne vibrations or noise levels. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development could expose people to ground vibrations and impact them. The city would review all development plans for potential ground borne vibrations and require project changes or modifications accordingly to reduce vibration impacts. The Amendment would not have any direct ground borne vibration impacts. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The Amendment would not cause a substantial permanent increase in ambient noise levels in the project vicinity above existing levels because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would result in a substantial permanent increase in the ambient noise levels in the project vicinity. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Development could increase existing noise levels above existing levels and result in a substantial permanent increase in the ambient noise. The city would review development proposals potential for noise level increases that could substantially increase existing noise levels and impact residents or employees. If necessary, the city would require changes to reduce ambient noise levels impacts to acceptable levels. The Amendment would not directly result in a substantial permanent increase in the ambient noise level. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. The Amendment would not result in a substantial temporary or periodic increase in the ambient noise levels above existing levels because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that would cause a substantial temporary or periodic increase in the ambient noise levels in the project vicinity above existing levels. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 26 Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development could temporarily increase existing ambient noise levels above existing levels. Temporary or periodic noise increases due to the operation of construction equipment could occur during project construction and impact surrounding land uses. The city would review development proposals at the time they are submitted for approval for potential temporary or short-term noise level increases that could impact surrounding land uses and require changes to reduce noise impacts. The Amendment would not directly result in substantial temporary noise level increases. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project areas associated with the Amendment are not located in an adopted airport land use plan. The San Diego International Airport is the closest airport to the project areas and is located approximately seven miles northwest of National City. The project would not expose people to excessive noise levels at an airport. XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? No Impact. The project would not induce a substantial population growth directly because development is not proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could induce substantial population growth. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Development could induce a substantial population growth depending upon the type of development, residential, commercial, industrial, etc. The city would review development proposals for population growth impacts at the time plans are submitted for approval. If projects would induce substantial population increases the city would determine at that time if an increase would be substantial and the impact the growth could have on the environment. The Amendment would not have a substantial population growth impact since no development is proposed. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. The project would not displace a substantial number of houses requiring the construction of replacement housing elsewhere because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could displace existing housing. Indirectly, the use of eminent domain to acquire property could result in development. The Amendment excludes using eminent domain for residential purposes. Therefore, the Amendment could not use eminent domain authority to acquire residential property resulting in the demolition of existing housing that would require the construction of replacement housing elsewhere. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. Please see the response to b) above. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 27 XIII. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the need for, or provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? No Impact. The project would not result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times, or other performance objectives because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could impact fire protection services. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development could increase the need for new fire stations and other facilities that could have a substantial adverse impact on fire protection services, including personnel and equipment. This increase demand could impact the fire departments ability to maintain acceptable service ratios, response times or other performance objectives such as reviewing building plans, conducting fire inspections in buildings, etc. National City is preparing a Development Impact Fee study to calculate a fee that would be assessed for future development in National City. The fee would be used to pay for the cost of providing public services for new development and includes fire protection. The study is scheduled to be completed in August of this year and would have to be approved by the City Council before it is effective. If approved, the Development Impact Fee would fund new and expanded public services and facilities such as fire protection to serve new development. The fee can be used to construct new fire protection facilities, expand existing fire facilities, purchase fire trucks, fire equipment, etc. The fee cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, would be applicable to all projects, including projects that may be developed in the redevelopment project area due indirectly by adoption of the proposed Amendment. Payment of the fee, if adopted, would mitigate incremental impacts on the fire department. The Amendment would not have any impacts to fire protection services since development is not proposed as part of Amendment. ii) Police protection? No Impact. The project would not result in substantial adverse physical impacts associated with the need for, or provision of, new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could impact police services. Indirectly, the use of eminent domain to acquire property could result in development in the project area. Future development could increase the need for police protection services and facilities that could have a substantial adverse impact on police services, including personnel and equipment. This increase demand could impact the police department's ability to maintain acceptable service ratios, response times or other performance objectives such as reviewing building plans. National City is preparing a Development Impact Fee study to calculate a fee that would be assessed for future development in National City. The fee would be used to pay for the cost of providing public services for new development, including police protection. The study is scheduled to be completed in August of this year and would have to be approved by the City Council before it is effective. If approved, the Development Impact Fee would fund new and expanded public services and facilities such as police protection. The fee can be used to Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 28 construct new police facilities, expand existing facilities, purchase equipment, etc. The fee cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, would be applicable to all projects, including projects that may be developed in the redevelopment project area indirectly by adoption of the proposed Amendment. Payment of the fee, if adopted, would mitigate incremental impacts to the police department. The Amendment would not have any impacts to police services since development is not proposed as part of Amendment. iii) Schools? No Impact. The project would not impact schools because development is not proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2014 and does not propose public or private development projects that could impact schools. Indirectly, the use of eminent domain to acquire property could result in development in the project area. The proposed Amendment only allows the use of eminent domain for commercial and industrial land uses and not residential. Although commercial and industrial development does generate students, the generation rate is much lower than residential. The number of students that would be generated by commercial or industrial development would be minimal and is not anticipated to significantly impact the capacity of schools serving the project area. The two school districts, National City School District and Sweetwater Union High School District that serve National City collect school impact fees from development as allowed by state law. The school impact fee is used by both school districts to provide classroom space for students. New commercial and industrial development would be required to pay school impact fees as applicable, which would be used to provide additional classroom space for students. The proposed Amendment would not impact area schools since development is not directly proposed at this time. iv) Parks? No Impact. The project would not impact city parks because development is not proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could impact parks. Indirectly the use of eminent domain to acquire property could result in development in the project area. New development could increase the need for additional parks and recreational facilities or increase the use of existing park facilities in National City. The city strives to maintain or expand the current (1996) ratio of park and open space land to population, which is 4% acres per 1000 residents (including local parks, public -owned wetlands, golf courses, and school recreational facilities). The Amendment only allows the use of eminent domain for commercial and industrial development and not residential. The Amendment would not indirectly result in the development of residential uses, which typically increases the population and generates the need for park and recreational facilities. While commercial and industrial development may incrementally increase the need for parks, that need would be minimal and is not expected to impact existing facilities. National City is preparing a Development Impact Fee study to calculate a fee that would be assessed for future development in National City. The fee would be used to pay for the cost of providing public services and parks. The study is scheduled to be completed in August of this year and would have to be approved by the City Council before it is effective. If approved, the Development Impact Fee would fund new and expanded public services and facilities such as park facilities to serve new development. The fee can be used to purchase parkland and provide park facilities. The fee cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, would be applicable to all projects, including projects developed in the project area. Payment of the fee, if adopted, would mitigate incremental impacts on park facilities. The Amendment would not have any impacts to parks since development is not proposed as part of Amendment. v) Other public facilities? No Impact. There are no additional public facilities that would be impacted by the Amendment. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 29 XIV. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact. The project would not cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could increase traffic. Indirectly the use of eminent domain to acquire property could result in development in the project area. New development could increase traffic with a substantial increase in either the number of vehicle trips, the volume to capacity ratio on area roads, or congestion at intersections. Additional development could impact the street system in the project area as well as the street system outside the project area. National City is preparing a Development Impact Fee study to calculate a fee that would be assessed for future development in National City. The fee would be used to pay for the cost of providing public services for new development including the circulation system. The study is scheduled to be completed in August of this year and would have to be approved by the City Council before it is effective. If approved, the Development Impact Fee would fund new and expanded public services and facilities such as street improvement to serve new development. The fee can be used to widen streets, construct needed intersection improvements, purchase and install traffic signals, restripe roadways, etc. The fee cannot be use for labor, payroll expenses, etc. The Development Impact Fee, if approved, would be applicable to all projects, including projects developed in the project area. Payment of the fee, if adopted, would mitigate incremental impacts by development to circulation facilities throughout the project area as well as the city. The Amendment would not have any impacts to the circulation systems since development is not proposed as part of the Amendment. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management commission for designated roads or highways? No Impact. The project would not exceed, either individually or cumulatively, a level of service standard established by the county congestion commission for designated roads or highways because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could exceed individually or cumulatively a level of service standard established by the county. Indirectly the use of eminent domain to acquire property could result in development in the project area. New development could increase traffic, which could exceed the level of service standard for roads in National City. Depending upon the type and location of projects the traffic could significantly impact the circulation system so that service levels are unacceptable. The city would review all development projects for potential traffic and circulation impacts to roadways. When necessary to meet acceptable service levels, a project may be required to construct street improvements or provide other measures to ensure acceptable levels of service. The proposed Amendment would not exceed the level of service of any roads or highways because development is not proposed as part of the Amendment. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The San Diego International Airport is the closest airport to National City and is located approximately seven miles northwest of the city. The Amendment would not impact air traffic patterns at the San Diego International Airport or any other airport in the area. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 30 c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The project would not substantially increase hazards due to a design feature or incompatible uses because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could substantially increase hazards due to design features. Indirectly the use of eminent domain to acquire property could result in development in the project area. New development could require new design features for traffic to flow properly, which could increase hazards and impact traffic and circulation. The city would review all future development proposals for potential impacts associated with street design, including sharp curves and roadway intersections that could impact traffic flow and safety. When necessary, the city would require project changes or modifications to provide safe circulation features, including curves and intersections. Because development is not proposed by the Amendment, no circulation impacts would occur. d) Result in inadequate emergency access? No Impact. The project would not provide any inadequate emergency access because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not proposed public or private development projects. Indirectly the use of eminent domain to acquire property could result in development in the project area. The city along with the police and fire departments would review all development proposals for adequate emergency access. Projects would be required to provide suitable access for emergency vehicles. The proposed Amendment would not have any emergency access impacts because development is not proposed as part of the Amendment. e) Result in inadequate parking capacity? No Impact. The project would not result in any inadequate parking capacity because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could result in inadequate parking capacity. Indirectly the use of eminent domain to acquire property could result in development in the project area. The city would review development proposals to ensure that adequate parking capacity is provided in compliance with the city's parking code. Since development is not proposed as part of the Amendment the project would not have any parking capacity impacts. f) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project would not conflict with adopted policies, plans or programs supporting alternative transportation because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could conflict with adopted policies, plans, or programs supporting altemative transportation. Indirectly the use of eminent domain to acquire property could result in development in the project area. The city has adopted policies requiring projects to provide altemative forms of transportation, including bus turnouts and bicycle racks when applicable. The city would review development proposals to ensure that bus turnouts and/or bicycle racks are provided as required. Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 31 XV. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. The project not would exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate wastewater. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would generate wastewater that would have to be treated by the wastewater treatment plant that serves the city. Wastewater generated in National City is treated at the Point Loma Wastewater Treatment plant. The treatment plant has capacity to treat the wastewater generated in National City, including the project area, without changing the existing wastewater treatment requirements of the San Diego Regional Water Quality Control Board. The wastewater treatment requirements of the San Diego Regional Water Quality Control Board that presently exist and as amended in the future from time to time would continue to govern wastewater treatment in National City independent of the Amendment. The Amendment would not impact wastewater treatment requirements of the San Diego Regional Water Quality Control Board. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project would not exceed require the construction of new water or wastewater treatment facilities or the expansion of existing facilities that could cause significant environmental effects because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate wastewater. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would not require the construction of new wastewater treatment facilities because the Point Loma treatment plant has capacity to handle the wastewater generated by future development based on the National City General Plan. Since no expansion of existing treatment facilities or the construction of new wastewater facilities would be required, future development generated indirectly by the Amendment would not have impacts with regards to environmental effects of expanding or construction new wastewater treatment plants. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The project would not require or result in the construction of new storm drain facilities or the expansion of existing facilities because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate wastewater. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development could require the construction of new drainage facilities or the expansion and extension of existing facilities to adequately serve the project. The construction of new or expanded storm drain facilities could have environmental effects depending upon the scale of the improvements. The city would review all development projects and determine if the existing storm drain facilities are adequate or if new facilities are necessary. If new drainage facilities or the expansion of existing facilities were required, the city would also determine if there could be environmental impacts with their construction. If potential environmental impacts could occur, the city would require measures to mitigate the impacts. The Amendment would not directly impact storm drain facilities. Community Development Commission of National City — Negative Declaration July 2004 Extension of the Authority to Use Eminent Domain Page 32 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. The project would not impact existing water supplies because development is not proposed in conjunction with or as part of the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would have a need for potable water. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would generate a need for potable water for drinking, landscape irrigation, and fire flow. Depending upon the type and intensity of development the existing water supplies may not be adequate to provide a sufficient water supply for a project. The city along with the Sweetwater Authority would review all development proposals to determine if there is a sufficient supply of water or if additional water supplies would be required. As applicable, all projects would be required to incorporate water conservation measures to reduce water consumption. The Amendment would not have any water supply impacts since development is not proposed in conjunction with the Amendment. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact. The Amendment would not exceed wastewater treatment capacity of the Point Loma Wastewater Treatment Plant because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate wastewater. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would generate wastewater that would be treated by the Point Loma treatment plant. The wastewater would not impact the San Diego Metropolitan Wastewater Department and its ability to provide wastewater treatment services. By agreement, the City of National City is allowed to generate 7.5 million gallons of wastewater per day to the South Metro Interceptor Sewer. Flows in National City as of August 2003 were 5.67 million gallons per day, which allows capacity for additional wastewater flows by future development without requiring the San Diego Wastewater Department to increase or expand the capacity of any trunk lines or the Point Loma treatment plant. fi Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. The project would not exceed the landfill capacity of the landfill that serves National City because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate solid waste. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would generate solid waste that would have to be deposited at the local landfill. The landfill that serves National City has capacity to adequately handle the solid waste generated by the city without significantly impacting its' life expectancy. The Amendment would not directly have any impacts to the capacity of the landfill that serves the city. g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. The project would not be affected by statutes and regulations related to solid waste because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would generate solid waste. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would generate solid waste that would have to be deposited at the local landfill, which Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain July 2004 Page 33 has adequate capacity. The Amendment would not change or affect any statutes and regulations that affect solid waste. XVI. ENERGY: Would the project: a) Result in an adverse impact on local and regional energy supplies, including base or peak period demands, regardless of the presence of a would -serve letter from the appropriate energy provider? No Impact. The project would not impact local or regional energy supplies because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that would require energy. Indirectly the use of eminent domain to acquire property could result in development in the project area. Additional development would require energy in the form of electricity and natural gas for heating, cooling, lighting, etc. The city would require would -serve letters from the utility companies to ensure that adequate energy supplies are available to serve projects prior to the issuance of a certificate of occupancy. At this time the city does not anticipate that development would impact energy supplies. The Amendment would not directly have any impact on energy supplies. b) Conflict with existing energy standards? No Impact. Please see response a) above. c) Would the project reduce solar access or opportunities for passive heating and cooling on the site or nearby property? No Impact. The project would not reduce solar access or opportunities for passive heating and cooling on any property in the project areas because development is not proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could reduce solar access. Indirectly the use of eminent domain to acquire property could result in development in the project area. Development could reduce solar access or impact opportunities for passive heating and cooling depending upon the intensity and design of the project. The city would review all projects for potential solar access impacts and require changes accordingly to reduce solar access impacts and enhance passive solar heating and cooling opportunities. The Amendment would not directly have any solar access impacts. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? No Impact. The project would not impact fish or wildlife populations because there is no development directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, or cause a fish or wildlife population to drop below a self-sustaining level. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) No Impact. The project would not have impacts that are individually limited, but cumulatively considerable because there is no development directly proposed in conjunction with the adoption of the Amendment. The Amendment Community Development Commission of National City — Negative Declaration Extension of the Authority to Use Eminent Domain Page 34 July 2004 only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could cause cumulative impacts. c) Does the project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? No Impact. The project would not have environmental effects that would cause substantial adverse effects on human beings because development is not directly proposed in conjunction with the adoption of the Amendment. The Amendment only extends the authority of the Community Development Commission to use eminent domain until 2004 and does not propose public or private development projects that could have adverse environmental effects. Indirectly the use of eminent domain to acquire property could result in development in the project area. Development could have impacts that cause substantial adverse effects on humans. The city would review all future projects for potential impacts to humans and the environment and require changes accordingly to reduce or eliminate the impacts. The Amendment would not directly have any impacts on human beings. 'Community Development Commission of National City — Negative Declaration 'xtension of the Authority to Use Eminent Domain July 2004 Page 35 ITEM NUMBER 12 WRITTEN TESTIMONY SUBMITTED PRIOR TO OR DURING, AND HARD COPY VERSIONS OF PRESENTATIONS MADE AT, THE OCTOBER 5, 2004 JOINT PUBLIC HEARING: OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ON THE PROPOSED 2004 AMENDMENT TO THE NATIONAL CITY REDEVELOPMENT PLAN Please Vote No on 2004 Amendment to the Redevelopment Plan • Seizing Property is not the Answer. • Work with Property Owners Instead of Against Them. September 21, 2009 Stephanie Len Industrial Properties are not Blight! • Viable Business which Provide — Essential Products and Services — Good Jobs September 21. 2004 Stephanie Leif Once Burned — Twice Shy The Redevelopment Plan is Not Working • We had an industrial building seized and sold to the neighbor. The Results: — Lower Paying Jobs. — Higher Tax Value to the City. — Squeeze out Small Investors. September 21, 2009 Stephanie Leif 1 2131 Harrison Ave Was Unique • It was a Large 2 story Building with an Overhead Crane • Open yard required for Operations • 28,000 sq. ft. • Clean productive environment providing high paying jobs 2131 Harrison Ave was not blight! September 21, 2004 Suzanne B. Leif • The city promised that we could 'participate' in the redevelopment of our land. • They said later that this would not be convenient. September 21, 2004 Suzanne B. Leif What Happened • National City Council voted unanimously to condemn (expropriate) our property. • Judge (Jan 20, 2003) gave title to National City • Tenant ordered to move out. —No more rent. • Expenses —Lawyers, Appraisers, Time & Energy, and Depositions September 21, 2004 Suzanne B. Leif • The city promised to find us another piece of land for trade. • They later stated that they were not required to do this. September 21, 2004 Suzanne B. Leif • The city promised us a fair market price. • THEY DID NOT —they only offered us 60% September 21, 2004 Suzanne B. Leif • Had to settle for 85 % of appraised value because of costs. • The city was happy because they got a stepped up value for the tax rolls. • City under the redevelopment law will now receive 83% of property taxes instead of 13%. September 21, 2004 Suzanne B. Leif 1 Clear and Present Danger • We have already lost a valuable property. • San Diego downtown property owners were ripped -off. • Long-time business owners in Little Italy are being threatened. • Last Summer, Grantville/Tierrasanta were declared blighted. • a successful Gaslamp business has to make way for a private hotel. • Any of us could be next. September 21, 2004 Suzanne B. Leif Conclusions: • National City did not act in good -faith. • Retain an aggressive, knowledgeable lawyers like Karen Frostrom, Esq. and Vince Bartolotta, Esq. 619-236-9363; frostrom@tbmlawyers.com • Band together with your fellow owners. —Together we can afford to take this to the Supreme Court and end this threat to our properties. September 21, 2004 Suzanne B. Leif 2 Please Vote Against Extending the Condemnation Power until 2016! Robert C. Leif, Ph.D. 5648 Toyon Road San Diego, CA 92115 National City Property Owner September 21, 2004 rleif@rleif.com Definition of Blight An area that is predominantly urbanized and is an area in which the combination of conditions is so prevalent and so substantial that it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment Is this the definition employed by National City. If not, what is the definition employed and its source? September 21, 2004 rleif@rleif.com 3 Effects On All of Our Properties • Our properties have been tarnished as being blighted. • Even, if you do not confiscate my property, if any of us should ever decide to sell, we must disclose to the buyer that the property is in a blighted area. September 21, 2004 rleif@rleif.com 5 September 21, 2004 rleif@rleif.com Blight in National City? • What criteria were employed to determine that most of National City is blighted? • Do you have a map that shows where this blight is located and to what degree the individual areas are blighted. • Has anyone made a sworn declaration concerning the specific locations and degree of blight? September 21, 2004 rleif@rleif.com 4 The Real Reasons for Redevelopment: CALIFORNIA CONSTITUTION ARTICLE 13A (TAX LIMITATION) SEC. 2. (a) The "full cash value" means the county assessor's valuation of real property as shown on the 1975-76 tax bill under "full cash value" or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. (b) The full cash value base may reflect from year to year the inflationary rate not to exceed 2 percent for any given year or reduction as shown in the consumer price index or comparable data for the area under taxing jurisdiction, September 21, 2004 rleif@rleif.com 6 1 Municipalities Do Not Get Their Fair Share of the State Taxes • Part of Sales Tax - Retail Pays • Part of Property Taxes. - ARTICLE 13A • Tourist Taxes • Fees • None of the State Income Taxes — No direct profit from wages. September 21, 2004 rleif@rleif.com 7 What To Do • Retain an aggressive, knowledgeable lawyers like Karen Frostrom, Esq. and Vince Bartolotta, Esq. 619-236-9363 frostromCa.tbmlawvers.com • http://www.redevelopment.com/ and http://www.castlecoalition.orq/. • Implore the City Council to Follow the 8th Commandment: "Thou Shall Not Steal." September 21, 2004 rleif@rleif.com 9 Using Eminent Domain To Circumvent ARTICLE 13A and Increase Property Taxes Is Not the Answer • The property owners are unwilling to make the sacrifice. • As is demonstrated by the submission to the Council by Karen Frostrom, Esq. and Vince Bartolotta, Esq. it is against the law and the Constitution. http://www.tbmlawyers.com/about-us. html • The answer is for the tax laws including the Income Tax to be changed to provide municipalities with adequate funding. September 21, 2004 rleif@rleif.com 6 2 SEP-21-2004 03:56 PM AZTEC PRINTING CO 6194773800 P.02 CCR Committee on Chicano Right* 710 East Third Street, National City, CA 91950, (619) 477-3800 September 21, 2004 Community Development Commission C/o City Clerk 140 E. 12th Street, Ste. B National City, CA 91950 Community Development Commission Members: Regarding request for testimony to the proposed 2004 Amendment to the Redevelopment for the City of NC that you will vote on tonight. For the record, on behalf of residents and small business we strongly oppose the proposed 2004 amendment and urge a NO vote for the following reasons: 1. The 2004 amendment granting power of eminent domain to yourselves, the Community Development Commission (i.e. the N.C. Mayor and City Council) is a blatant "political power grab" because of your history of being biased and controlled by business interest against resident's needs, 2. The 2004 amendment granting power of eminent domain to present and future mayors and city councils for a period of 12 years is ridiculous and an unrealistic period of time. The end effect of granting power of eminent domain will make hostages out of National City's home, business's and property owners in the targeted area. In asking for 12 long years of power of eminent domain, are you planning to build the Pyramids of Giza? 3. The 2004 amendment contrary to the Commission public pronouncement is a lie as witnessed with redevelopment plans on the West Side (Old Town) of NC. Unannounced and unknown plans formulated by present and future mayors and city councils will insure that single-family residents will be negatively affected by the city's de facto power of eminent domain, 4. The 2004 amendment does not address how or where the monies (the city is financial strapped, and asking residents to approve a 12 million dollars bond) will be fourth coming to purchase properties in the effected area outlined that appear to represents % (in your map) of National City. In closing, the grandiose plan of you voting yourselves power of eminent domain represents another political effort to develop and turn National City over to business interests (political contributions) at the expense of residents and small businesses. Waiting for your vote, President Cc. Community organizations, news media OCT-05-2004 03:55 PM AZTEC PRINTING CO 6194773800 P. 02 40111k406. CCR Committee on Chicano Rights 710 East Third Street ► National City, CA 91950 ► (619) 477-3000 OPEN LETTER TO N.C. MAYOR AND COUNCIL ••P iouquor arm fry Netter 111 Iewe sows0iry rac .."YSNF TI1 TTT. *try T:Ti NYl'11R14?tnF.R emirCSiONS" October 5, 2004 It is our position that tonight scheduled public hearing to discuss Eminent Domain, which will affect National City resident's home owners and small businesses for the next 12 years be postponed until after the November election, because of the following reasons: 1. Ttlu Muyul, City Cvuuvn lave nvt hold olio public nicotine to cxpla in to rou i4onto wky Eminent ri umatn puwors shuukl Ito iptu loll lv &on, mid Arnim Mayvto and City Councilo for the nc,ct 12 years, 2. Mayor Innunza and Councilman Francisco Parra are not able and ea»nnt partake in the P.minent Domain hearing or votes because of conflict of interest, 3. Councilman Ron Morrison and 1=ideles Ungab are "lame ducks" officials, up for re-election that might or might not be returned to the city council by voters in the upcoming election, 4. The U.S. Supreme Court has decided to hear a Connecticut case "when local governments may seize people's homes and businesses against their way to make way for projects such as shopping malls and hotel complexes that produce more tax revenues." Further we urge that tonight's hearing and the entire process involving Eminent Domain be postponed until after the November elections to allow voters/taxpayers to give city government a political mandate, and until ll1G V.J. ,)uptem L..UULI 1GLUctc tic 1Gejaa ya✓u w Laarlvauanaa alav aMtty ••1..p " 1...•ry that NC's residents/small businesses concerns and needs are represented, addressed, and protected, • NC residents, taxpayers and voters are provided with complete and factual information, • The City makes a concerted effort to publicize meetings, • Open public meetings be scheduled at a times when a majority of working folks can attend, • Total and complete resident/voters/taxpayers input is allowed at all public meetings and hearings, • A Citizens Advisory Committee is established that represents the city's ethnic, economic and gender composition, and has the power to review and address the city's entire re/new development plans. Sincerely, Herman Baca, President Cc. News media, community organizations at) a.©o y nu-e. CA c f ast �� RL - ojcte-o p vie 0 (24"-Y YY/-vr +t(L- °I\ "It- tA GL6-- ej-"Aid— AiLq wv\av,_ yr/Pi_c cAt25 okRJ3t-2 :Too _zynani. (A).'/Zy A/kA:(32 711°) f1451A)."+t) wt,te cAitl .Ani-coto- efrWYL- n'Ykot_ 044A471)-c 9AA-dA ac,a, 7tJ-Lf2/_ ot(oU (NA 196 s. IMPROVEMENT DISTRICT 6 //% a - THE CITY ENCOURAGED US AND PROVIDED FOR THE CONSULTANT AND THE INITIAL SET UP FUNDS AND WE AGREED TO TAX OURSELVES TO IMPROVE OUR AREA, BUT UNDER THIS REDEVELOPMENT PROJECT FEW IF ANY OF US WILL BE PROPERTY OWNERS IN THE FUTURE. THE AREAS WHERE THE CITY HAS BACKED AN IMPROVEMENT DISTRICT SHOULD NOT BE INCLUDED IN THE REDEVELOPMENT AREA OR THE PROPERTY OWNERS SHOULD BE ALLOWED TO REVOTE ON THE ASSESSMENT. EMINENT DOMAIN 64 6) /4/ ri ) ir, THE LETTER SAYS THAT EMINENT DOMAIN WILL BE A LAST RESORT. THIS IS TECHNICALLY TRUE BECAUSE THERE ARE GOOD ECONOMIC REASONS FOR BOTH THE PROPERTY OWNER AND DEVELOPER NOT TO GO TO EMINENT DOMAIN BUT IT IS THE CASE THAT THE PROPERTY OWNER LOSES THE RIGHT TO REFUSE TO SELL BECAUSE OF THE REAL THREAT OF THE USE OF EMINENT DOMAIN SO IT IS VERY CENTRAL TO THE TRANSACTION. THE USE OF EMINENT DOMAIN IS OBVIOUSLY NOT POPULAR WITH THE PUBLIC WHICH IS WHY IT WAS MADE SO CLEAR THAT IT WOULD NOT BE USED AGAINST SINGLE FAMILY RESIDENCES. I THINK THAT THE PUBLIC IS NOT SURE THAT EMINENT DOMAIN SHOULD BE USED AGAINST ONE SET OF OWNERS SO ANOTHER SET, DEVELOPERS IN THIS CASE, CAN MAKE MONEY. BLIGHT BECAUSE THE BUILDING IS GOING TO BE DESTROYED THE CONDITION OF THE BUILDING DOES NOT SIGNIFICANTLY EFFECT THE PRICE SO THERE IS A SIGNIFICANT DISINCENTIVE TO IMPROVE OUR PROPERTIES IF THEY ARE IN A REDEVELOPMENT AREA. WHILE THE DEVELOPED PROPERTIES WILL LOOK BETTER THE REST OF THE AREA WILL PROBABLY LOOK WORSE THAN IT OTHERWISE WOULD LOOK TAXES FOR CITY SERVICES CURRENTLY WHEN A PROPERTY IN THIS AREA IS SOLD FOR A HIGHER PRICE THERE IS AN INCREASE IN TAXES WHICH CAN SUPPORT SERVICES. THIS PLAN WILL CREATE A TAX INCREMENT DISTRICT SO THERE WILL BE LESS MONEY FOR SERVICES AS THE DENSITY INCREASES, THE INCREASED TAXES WILL BE USED TO PAY FOR THE BONDS FOR THE REDEVELOPMENT RATHER THAN MAINTAINING OR INCREASING SERVICES TO EXISTING RESIDENTS. TO THE EXTENT THAT THE CITY IS VERY AGGRESSIVE ON THESE BONDS THERE WILL BE LITTLE TO NOTHING LEFT OVER. SIGNIFICANT RISK THIS IS A HIGHLY LEVERAGED TRANSACTION SO THERE IS RISK SOMEWHERE. I THINK THAT IT IS IN INTEREST RATES OVER WHICH NATIONAL CITY HAS NO CONTROL. THE PEOPLE PROMOTING THIS IDEA ARE DEVELOPERS WHO WILL BUILD THE PROJECTS TAKE THEIR PROFITS AND LEAVE WHILE THE REST OF US TAKE THE RISK. DEPENDING ON THE TERMS OF THE BONDS THERE MAY BE OTHER AREAS OF SIGNIFICANT RISK. WE ARE DEALING WITH COMPANIES THAT DO NOT CARE ABOUT NATIONAL CITY AND ARE VERY SOPHISTICATED HAVING DONE PROJECTS MANY TIMES. WE HAVE TO BE VERY CAREFUL. ANOTHER APPROACH THE DEVELOPMENT PLAN FOR NATIONAL CITY COULD BE BASED ON EXPEDITING PRIVATE PROJECTS RELATIVE TO PERMITS. WE ARE GOING TO HAVE SIGNIFICANT CHANGES ANYWAY DUE TO OUR LOCATION WITHOUT A REDEVELOPMENT DISTRICT. WE ARE MAKING THE PROPER MOVES WITH THE LIBRARY AND THE SCHOOL AND THE IMPROVEMENT DISTRICTS TO GET GOOD GROWTH. THERE IS NO NEED FOR A PLAN AS RADICAL AS THIS REDEVELOPMENT DISTRICT. Comment Form National City Community Development Commission REDEVELOPMENT PLAN AMENDMENT In the section provided below, list any specific issues or concerns regarding the National City Redevelopment Plan Amendment. Please be as detailed as possible so staff may address all of your comments. If necessary, attach additional pages. All written comments must be submitted by the end of the meeting, October 5, 2004. ll iCMali -� ,JAaa �ee� � , �AQis.�A�nvb5�nbl,;OA Git omit. 014 (o•Jt� Q-F{71V A6 �a ✓sf �.nioP�f1 �D NClIQ ) ir cld.04_,c) EV-LOct ,P9-c, buied Vitk tti;Le ?-iifiv ti����,1'�,Q,Ut vuv.. IVUX,e t/ ,Akfi (1. C) u --D va+, CL00-1-1 tiukal At 0.1/4 OA ,bar, \ b w< (L? -ruoi -eke, a cep `11k_ it t 1..Wojl , ' d Ulf) VLC+alV1CQ (Q C 1 649 rl h\ (Q t ',1/\ k)'ajl d am--g G W 1V I v-E (r(7, v\Ia 1lYw e- -- - r 7-2-wiirl of \V rOA r(.ciaeliciW DuiImaprikel Naas hou, owl o-u 9 U. WU/ , r b usi r s IC .'W- De, C f ; ,a ,r�C 1 Tbre., A,o- ilik6uria0,e) _ CGttuz 1utl() Cit--h, i-cpsih,vCh cuk.ct rad- ihivtccatR-t�44 D�.v10--H�o�?,t�PJ �� Akio aukeA Submitted by (please print): Name: IA Ay do/ ioS.Sa s Address: , (As- , Agency/business/group name (if applicable): Phone number: (1) a-S City/state/zip: wiiav+ctl Cd-v\ Date: 64 National City Community Development Commission 140 E. 12'h Street, Suite B • National City, CA 91950 Tel (619) 336-4250 Fax (619) 336-4286 Comment Form National City Community Development Commission REDEVELOPMENT PLAN AMENDMENT In the section provided below, list any specific issues or concerns regarding the National City Redevelopment Plan Amendment. Please be as detailed as possible so staff may address all of your comments. If necessary, attach additional pages. All written comments must be submitted by the end of the meeting, October 5, 2004. V L n u 1 (2 � kAD AZ_ (,,., 6(2)-(--0-/Q-D — - Q 10 ',19--/ (OVER) uyelL,J w H6, P-A, 61'( v L ar tr "�- Submitted by (please print): Name: f(z,,t&;67,2teA.._ l �v Agency/business/ roup name (if applicable): Soo tom ; 9 ,7::.ot-'‘ Address . cm LA-V-1 . Phone number: City/state/zip: g I cSD Date: National City Community Development Commission 140 E. 12th Street, Suite B • National City, CA 91950 Tel (619) 336-4250 Fax (619) 336-4286 Comment Form National City Community Development Commission REDEVELOPMENT PLAN AMENDMENT In the section provided below, list any specific issues or concerns regarding the National City Redevelopment Plan Amendment. Please be as detailed as possible so staff may address all of your comments. If necessary, attach additional pages. All written comments must be submitted by the end of the meeting, October 5, 2004. I t f o 04- C 6✓ l i 0 i ( � r , P1 — 01,(i`i4? v - CL"tioV�i'r 1 f �3 � � P �Y.' 0 (fit G ✓e ,1 e. A 4-0)0 ye vQyz c., f ._i (F ._ 415 t. ids (OVER) Submitted by (please print): Name: Agency/business/group name (if applicable): sel-� Address: (' fiayak Phone number: (-6 f City/state/zip: q i- Wr Date: O - Z G 0 Lf' National City Community Development Commission 140 E. 12th Street, Suite B • National City, CA 91950 Tel (619) 336-4250 Fax (619) 336-4286 Comment Form National City Community Development Commission REDEVELOPMENT PLAN AMENDMENT In the section provided below, list any specific issues or concerns regarding the National City Redevelopment Plan Amendment. Please be as detailed as possible so staff may address all of your comments. If necessary, attach additional pages. All written comments must be submitted by the end of the meeting, October 5, 2004. 50G,G,e571 N C* YZe is loNs "t9 %-M 00, C rct,TE S p.e-c-c Pi-C.- 4 Li rnv s A5 I 9C4W/3114_ 42_,1i -s la+c 0 ip pu 1.�0«t C' V r lZ. u`/ (0 LY/,J,,.J € ... - ?UM 1De, S'V c-(- C.- pn�Jv�a-s� be (o1.0s(Piun - S'e irge t ►ivst- For., l r 5 -To (:' -t�acr recaiD tr#l6 !N h# Ptlo poste, 441.404 &isr. Rain, ., 2 4-14i 1.4t a a Dcitw r,p,c-t- tN4o <. as v,a fz-0 6./rta�r' (OVER) Submitted by (please print): Name: Gst 5n-y H k M P'+.-A i P—,C. €" Agency/business/group name (if applicable): Address: 9 I a) E . 2-(fl4 St) Phone number: ((°) 47 q-- cU 2" City/state/zip: Monmisiat_ Crr-`7,CA on95-6 Date: National City Community Development Commission 140 E. 12th Street, Suite B • National City, CA 91950 Tel (619) 336-4250 Fax (619) 336-4286 Community Development Commission of National City September 20, 2004 Dear Council: Southwest Paint & Body established in 1978 was welcomed as a Tax paying business along with the many car dealerships along National City Blvd. Making National City a thriving community. Southwest did work for all the dealerships until cost overcame and they were forced to do work in house which means the Dealerships also have paint & body shops. They as we are monitored by the Air Pollution Control Board of San Diego. We are inspected yearly and have an excellent record of obeying all rules and regulations. We follow all state and city laws antrkeepqfriving for any improvements that needs to be addressed. Southwest Paint & Body hopes youlook at our record with the fire department or any City ordinance that we must be in compliance of. It is not fair or financially good for the City of National City to force out those who have contributed to the growth of the community. Sincerely ; Jerri Williams, Owner Manny Zamora, Owner r City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2004 AGENDA ITEM NO. 13 iITEIVI 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 DEPARTMENT EXT. Roger Post, 336-4310 Planning Iv� City Council considered this project at public hearings August 17, 2004 and September 21, 2004. Council has continued the public hearing twice in order to allow the property owner/applicant time to resolve all of the outstanding Code issues. Also, at the September 215t meeting Council discussed upgrading the proposed carport parking to two -car garages for the proposed and existing house; a recommended condition requiring a two -car garage for each house is attached. The previous report has also been attached for reference. L CEnvironmental Review N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Vote: Ayes- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds Alavarado ATTACHMENTS ( Listed Below ) 1. Recommended Condition of Approval Regarding Garage Parking 2. Previous City Council Report dated September 21, 2004 with attachments A-200 (Rev. 7/03) Absent- Saludares, Baca, Resolution No. RECOMMENDED CONDITION OF APPROVAL REGARDING GARAGE PARKING 6. A two -car garage shall be provided for the new house. A second two -car garage shall be provided for the existing house. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 21, 2004 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 Post, 336-4310 Planning Environmental Review N/A MIS Approval Categorical Exemption Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Planned Development Permit. Vote: A es- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds Alavarado ATTACHMENTS ( Listed Below ) Account No. Absent- Saludares, Baca, Resolution No. 1. Background Report 2. Previous City Council Report dated August 17, 2004 with attachments A-200 (Rev 7/031 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. (ITEM TITLE 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 Roger Pdrst -4310 . DEPARTMENT Planning EXT. EXPLANATION City Council set this item for hearing at the July 17, 2004 meeting. The attached background report describes the project proposal in detail. Environmental Review }� N/A 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 RECOMMENIpkTION 1'he Plamm�g commission approvesd tnhe lanned Development Permit. Vote: Ayes- Pruitt, Carrillo, Flores, Graham, Martinelli, Reynolds Alavarado ATTACHMENTS (Listed Below 1. Background Report 2. Planning Commission Resolution No. 20-2004 with recommended fmdings and conditions 3. Location Map Absent- Saludares, Baca, Resolution No. 5. Notice of Exemption 6. Site photographs 7. Application 8. Applicant's Plans (Exhibit A -revised datod 3/29/2001) c A-200 ( ev. 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-FamilyResidential. 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 -ear 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 sprinkler 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 17w and June 21, 2004 meetings. At the May 171 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 21s` 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 r m-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 proposed 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 binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he 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 +: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 o National City Department of Public Works 1243 National City Blvd., National City, CA°9 " (619) 336-4580 (619) 336-4380 Fax (619) 336-4397 ENGINEERING REQUIREMENTS NEW HOUSE AT 1937 LANOITAN Date: July 30, 2003 To: Andrew Hoskinson, Planning Department :„ p AT,CI Y Nt• : =.>A P 'MENT AUG 0 4 From: Charles Nissley, Civil Engineering Tech 6 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. M Recycled Pacer 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 i CITY 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 ''te 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.sweetwater. org 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 %-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\Water Availability\ lanoitan_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 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 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 LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) / l 6 F ril U)4Ss F. RLY /1ij 4/I1D 796 WESTG/eL,Y /,5 CEE7— Ur T//6 /-/94' O/= Lc7 a6/ 6m" L/�'col-21 IcReS �9///A/EX Nz1. a., _PO Tile' CITYO6 /!/�i/Gd//�G PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEP TMENT USE ONLY Case Number 7,003 "r 3 Filing Fee $ k Recei?To. Date Received ` f i By ((WW�� ��'',,�` J/ E.A.F. Required ver Fee $ 1'A Related Cases la �A C/ry / C/1/,n)7/ of sip Di6 a ST/}Te- Ate//=OsPN/// / /51CCORO;i1/ Td fr. ✓CC1) / 7/5" n/'/=./CE dF 7'VE (o (//rl y ie67 e ©C F n , 5Ao/ D /6 (-O!//iti/ T/ ✓�Es3�r/9iey✓ ,72 pate/ !D /1%D. PROPERTY LOCATION /9$ .Vi/-/ii Lw11/w i i 9 i4� 91� c y' Y �d No. Street between E i/I/, / rQnye2 and //) d �l 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 1$.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: /4i,/, /Deve%pne-7,074 I 771-el 1itS 2J PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: Name: /�Q�1 ,C'/vll Signature � //��''e Signature t t,dvr_ 1, irc p • lfLz (Signature ackdowledges that this (Signature acknowledges at this application is being filed) application is being filed) Address: ,//3) 5'n-i,�,�j Clgin,Tid/ Address: `{ fps Jtl-. 21,G y/ft5® Phone No. 9 9 „Pi' Phone No. Fax No. Fax No. Date: - dam- O 3 Date: - - .- Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: p e z el (Please type or print) Signature: `/P e ,f (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). 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SHRUB PLANTING 0*Mt SCALE: 1"= 10' NORTH 9 o NOW SCAM FEET PRELIMINARY LANDSCAPE PLAN NOT FOR CONSTRUCTION m 5 PL**I 0 L300 T4AM 3. k 96' 1T 0A3001.300P3.013. 500740603303633003133.3 04 0005 FN1141 113330U V435400 atom 161.130T916 Ph00KEt519111'I��tE OMEN 6M ONECKEO SCALE _•_a 6NEEE L ' OF 1 SHEET City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5, 2004 14 AGENDA ITEM NO. ITEM TITLE Public Hearing — Variance for a Reduced Front Yard Setback for an Addition to a Single Family Residence at 304 East 27th Street (Applicant: Raul Salinas) (Case File Z-2004-7) PREPARED BY Roger Post, 336-4310 Planning DEPARTMENT EXT. EXPLANATION The Planning Commission held a public hearing on this item at their August 16, 2004 meeting. The City Council set the matter for hearing on September 7, 2004 and expressed a concern that the size of the house may require additional parking. The attached background report describes the proposal in detail. 1 Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Zone Variance. Ayes: Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli, Reynolds, Graham Absent: Pruitt ATTACHMENTS ( Listed Below ) Resolution No. 1. Background Report 5. Proposed Exemption 2. Planning Commission Resolution No. 30-2004 with Findings and Conditions for Approval. 6. Application 3. Location Map 7. Project Plans 4. Site Photographs A-200 (Rev. 7/03) BACKGROUND REPORT The project site is located at the southeast corner of East 27th Street and C Avenue in the RS-3-PD Zone. The 9,250 square foot flat, rectangular lot is larger than most _others, in the area, and is currently developed with a 1,512 square foot house. The house is single story, in good condition, and is built up to the minimum front yard setback. There is no garage, however, there is one parking space in the driveway and one at the side of house behind a gate. The property has no landscaping. There is a perimeter wall and fence between the neighboring properties to the east and to the south. The applicant submitted a building permit application for a two-story addition to the existing home back in July. This permit included an architectural projection that encroached 2 feet-10 inches into the 20-foot minimum front yard setback. Staff suggested at that time that the projection could be moved back to conform to the setback. The applicant stated that they wanted the current design as is and subsequently applied for the variance. The encroachment will be limited to a 2 foot-10 inch by 17-foot section (see attached plans), and forms a porch at the ground level and open interior space in the stairwell area on the second floor. The addition would double the size of the house to 3,000 square feet with six bedrooms overall. Three exist currently. The wall of the main house will be at the 20-foot front yard setback. A variance can be granted when findings are made that special circumstances (i.e. size, shape, topography, and location) exist on the property. The RS-3-PD zone requires a front yard setback of 20 feet. Options for architectural enhancement are limited, since the house is already built to the setback line on a larger than average lot. The section of encroachment provides architectural relief, and matches the proposed design of the other sides of house. Planning Commission held a hearing on this item on August 16, 2004. There was no public testimony at the hearing. The Planning Commission discussed the current appearance of the property, and voted to approve the Zone Variance finding that the addition, including the encroachment, enhanced the property's appearance, and added a condition that chainlink fencing be prohibited. No covered parking is existing or proposed by the applicant, although a large new concrete area at the rear of the house could be used for parking. The fact that the proposed addition doubles the size of the house to six bedrooms overall suggests additional inhabitants, possibly with additional vehicles. The home is currently nonconforming with regard to parking in that Land Use Code currently requires a minimum of two parking spaces in this zone; one covered space and one elsewhere on the property. Recommended Conditions of Approval for the Planning Commission report included requiring the construction of a 2-car garage as well as the landscaping of the property. Given the size of the proposed structure, it may be prudent to require additional parking over what is already recommended. This could be in the form of a third uncovered parking space to the rear of the home, or even a 3-car garage. There is room for either. RESOLUTION 30-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A REDUCED FRONT YARD SETBACK FOR AN ADDITION TO A SINGLE-FAMILY RESIDENCE AT 304 EAST 27Th STREET APPLICANT: RAUL SALINAS CASE FILE NO. Z-2004-7 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance application for a reduced front yard setback for an addition to a single-family residence at 304 East 27th Street at a duly advertised public hearing held on August 16, 2004 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. Z-2004-7, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2004, support the following findings: 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the lot, which is developed with a single-family house built up to the minimum front yard setback, is larger than most lots in the area, and since the minor encroachment will result in greater architectural consistency with City Design Guidelines. 2. That the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant .of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since the proposed addition minimally encroaches (48 square feet) into a large (1,320 square feet) front yard setback area, and since a large useable front and side yard will still be maintained. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since single-family residential development is permitted in the RS-3-PD Zone. BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: 1. This Zone Variance authorizes the construction of a two-story addition to an existing single-family residence, including a partially covered front porch below a portion of the proposed second floor addition that would extend 2 feet-10 inches in front of the required setback. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. Z-2004-7, dated 7/1/2004. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 3. A two -car garage shall be constructed on the property. The design shall comply with the National City Land Use Code and Design Guidelines. 4. 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. 5. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 6. Chainlink perimeter fencing is prohibited. 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 5:30 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. 3 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, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT ABSTAIN: �� PROJECT LOCATION ZONE BOUNDARY -• Sweetwater High School LOCATION MAP Zone Variance for a reduced front yard setback for a single-family residence at 304 East 27th Street. Z-2004-7 NATIONAL CITY PLANNING 5 DRN. DATE: 8/2/04 INITIAL HEARING: 8/16/04 Z-2004-7 304 East 27th Street Subject site from the front facing south Subject site from the side facing south i Subject site from the rear facing northeast Subject site from the rear facing north 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: Z-2004-7 Project Location: 304 East 27th Street Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Zone Variance for the construction of a 2nd story addition to a single-family residence so that it will partially encroach 2 feet into the front yard setback Applicant: Raul Salinas 304 East 27th Street National City, CA 91950 Telephone Number: (619) 474-4896 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 3 Section 15305 (Minor Alterations in Land Use Limitations) ❑ Not a project as defined in Section 15332 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: This variance is for an addition to an existing home that will minimally project into the front yard setback area. The home is a single-family residence in an urbanized residential area. Date: Martin Reeder Planning Technician NATIONAL CITY, CALIFORNIA ZONE VARIANCE Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number .." 2.00`t1 Filing Fee $ � �,/y Receipt No. Date Received VW E.A.F. Required N Fee $ Related Cases By,/irw 44— SEE FILING INSTRUCTIONS AND CHAPTER 18.114 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) A- 5J e-.S,spe:s ,5-6 a - l- — //- ocD PROPERTY LOCATION .304 E_ r�� 5T • No. Street between d� rcvS and ",-Z1 COMBINED GENERAL PLAN/ZONING DESIGNATION iZ 5— 3 Zone Variance Application Revised December, 1998 Page 1 of 4 REQUEST: The Applicant requests a Zone Variance pursuant to Land Use Code Section number to use the above described property for the following purposes (state exactly what is intended to be done on, or with the property which does not conform with existing zoning regulations): illlCj2� lGb{ �Fnc �.1'Ta) CIS r—OCX SFz`C—f?�ACX P-UVI IOCCF- PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: %Z��7 5�«i�—S Name: ,GoK s e.10 � i i Signatures t,.1 Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 04 E. ,2 -7Li 577 Address: i e /U G C-4 b Phone No. 6ir) .7¢ 4 8 ? Phone No. Fax No. J Fax No. Date: 7-- l9 Date: Zone Variance Application Revised December, 1998 Page 2 of 4 f _,\ APPLICANT / Name: / ' (Please type or print) ( ignature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: -3 7 2-714 i f dv —C. fQ Signature: Phone No. (6i7) 7;¢ 4 8' 2 Fax No. Date: 7 l — ,ram, rV-Pci) /5 cgf07 c F 2 g3-2oti-S Zone Variance Application Revised December, 1998 Page 3 of 4 ZONE VARIANCE JUSTIFICATION Before granting any zone variance, the decision making body is required by law to make a written finding of facts that the below conditions apply. Any evidence you desire to submit substantiating these may be attached. California Government Code Section 65906 - variance from zoning ordinances Variances from the terms of the zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property owner of privileges enjoyed by other property owners in the vicinity and under identical zoning classifications. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulations governing the parcel of property. Zone Variance Application Revised December, 1998 Page 4 of 4 SALINAS RESIDENCE e ABREVIATIONS Ls GENERAL NOTES a R0RVRRY .INC 6600' vw A G AarET :ALIAS :Fei'EF L w COMI ,4,E$ +aLL..uuG a Rea70IULIIT TyA.Ia e.RR1u.e Mae1R Rm;RE4 AVv?F;IFYA11M5, rvn1 n COMM MP 160.4q.E I.s.LLAR0, E,OPI001O nesue. ITTCu0Rn*1w LULL .RRRI uxRRO E 1Y06.. u1¢t`.'. 7TRO 0IIERAILY 'R II* 00LYAl04 *F£i.514f:Vh A102,6AAn01d ':'.E.- PART ]. V.1c 2001 CPC COCO APC AI AA X611M0I151 TILE:! MR, LPti?RYMYM 2001 6wm5Rali.E LOVE 'Cl/.: 31*E 491n2 RARRAL u+[¢v RYE_wE1PLl I :fn. CN.. GLEE! s, RYA,0Cxv'6TRAI,n ICY•I ,. rn1F0gl 003170en9NyrE CF ERACC,5Tgrn IS:I 4FOOIFOOlp6 FIA,FW156TRIAMOS AYEE1.C-1u. AR C0011.007E CCIORACr*4 NAYLOR, 141.0.n.vi, nRFR.,„Nn4Cl,Lvr.NWAOS Re1NNE AR, 0 rue ACATIARIAPIP ',ALL PEcmMFEI, 0w �FIhC[I ry ,rrx...n.15PaCIlONnr IE vN1RicFxS ESrtIVL. e PROJECT DATA a SCOPE OF WORK FR0AC14DREs5 ROARS RAIDING TYPE OG::FANCY 6130F FALL SALIRA5 AN 21.E 5i . ARTERIAL CAA.CA AIY50 ROA]ITN51E. RATIONAL utt. CA 41150 R5-3 1ESAL DES:RIR70W, 'LOT DOCK vy 4&`5E0RL 0AF(E_. 5W2.40 L0i AREA. =.350 00 S3. FT ARP70.0010E FOLD EY15111G AREA I0 FLOOR 151200 550 [ E%ISTNL. AREA 230 FLOOR 1LA ROW D ISI COR 0600 SXI. FT ARORYEAP RAY FLOOR 1}00050 FT. Ex15TllW 010040 WA OIAL 30F1 PPGP05Ec PATIO 400PC*E0 BAILO,:r 340105i... FT `LOUR AREA FARO FAR P4 OT LOVFRAFS AAATRALR,, 50E:MAC*,, 5 TEAR 5' e CONSULTANTS PRY ,A.Ra1 PARR E,S L., .v'G ZOIDCESC.v' A1APO2X:l le -VA I700140 P..RBa"001'.5 r..;.1w0ER rw CG _�iF51aI LV PECA"v - RAY, PAAVPRI, RETIES 00I1r0ERAA TORRE'MLDID YEA UT, 51 RAN c.F.a..c. CAu]110 _0F,E IE1s,' .d3-'_040 *01E. 0 STORM WATER NOTES PROPOSED 150400 SOFT FIRST 1 SECPN STORY ROOM ADDITION ACL00000rIIG II.E3 IP SIR 000..04IK'IN. I%A51R 9AM. FOYER, EED 34 , BATH 3 LIVIM0 RN.1ALRIDRr AND A Lh4DRY FM. PA1,000VER E BALCCN4SI TO NI YAIRTINIG 0IE500RY SNviLE AM.,* REAL/FACE e VICINITY MAP :o Ia SHEET INDEX 15 !PILE 51IE£T 14TE RLA11 5N LE1.1.,RA; v*PIE3 4 E01511JW/0E1.0' r.20 A 2 047P7ED 5L00R RLa10 a 5 a.: rP,5A:14CxTIacFI, RIxIF P_ul, C0ION 5_. 5IRLYLAPAL `KTES ARACTIR2L LCTaeS SEca D =LOUR ER>eoLS .sn S ROLEFRAMINF-IAA -C . 11W.0IFAL: IEIALS EEREA,Ar . AP,ATRYTAII .Er,.,' OF RG,..,17 4 0a• cx10. It1. _evtt n v E«0RR RKEAT IMTfl [nrngmAn cn e1010 P.EAV PRORAYL ec10 ru0N'XIC+*LLEP [v(gkv :.u..Ixe ..v u1r ,RARTEnc?470.IE 11 10 C _.CRT ALL_.OSI, /SAN AT10JVIRO_ YEAGER I. wv_I✓-,n.Ec XEPa Tun 00 O.Enn Pu0n.v Ox A. rn c 705 404M.x _ aR514.001c 500 SEPI?Irt rtY113I:Rr r'qa R=sRIAR A�c:0IlE.TO D01401010 IR[RORIAAIIT�M, RE p+d0_:oow...Er.IA R.,mTIAL YAe'_. NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. Z-2004-7 DATE: 7/1/2004 0 • a • boos= 4360dObd Nt/•ld bOO'ld 151 caso=iObci C7F.SOOc e= ELEVATION NOTES AEST ELEVA7ION re ELEVATION O NOIETI-i ELEVATION + FT- 1 ELEvATION SECTION City of National City, California COUNCIL AGENDA STATEMENT October 5, 2004 IEETING DATE AGENDA ITEM NO. 13 A Resolution approving a supplemental agreement with BDS Engineering, Inc. to provide %ITEM TITLE the City with civil engineering design services in the"Not to Exceed" amount of $113,200 for the National City Sanitary Sewer System and the Sanitary and Storm Drain Pump Station Rehabilitation, and authorizing the Acting Director of Public Works/Engineering to execute the agreement Joe Smith/Alberto Griego Public Works/Engineering PREPARED BY DEPARTMENT 336 4587/336 4386 EXPLANATION See attached Environmental Review X N/A Financial Statement This agreement is for a "Not to Exceed" amount of $113,200.00 Funds are available in Account Number 125-409-500-598-2014. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Fina Fina Account No. e Director ATTACHMENTS ( Listed Below 1. Resolution 2. Agreement Resolution No. 3. Exhibit "A" Proposal from BDS Engineering, Inc. 4. Company History and Contact bdssewer A-200 (9 99) EXPLANATION: At the most westerly end of the Plaza Boulevard Interceptor Sewer trunk is an existing 33" sewer line that runs from Hoover Avenue along 22nd Street .and connects National City, through a flow metering system, to the South Bay Metropolitan Interceptor Sewer located on Wilson Avenue. This interceptor that belongs to the City of San Diego, carries the flows of the South Bay Cities to the Point Loma Wastewater Treatment Plant. This 33" sewer line handles about 5.3 million gallons of raw sewage from National City per day. This segment of sewer is difficult to maintain due to the water flowing full at all times and at a slow velocity because of the configuration of the sewer line and the flow metering chamber. Its design capacity is insufficient to carry today's sewer flow volume. In its original design it includes a series of turns that also add to losses in capacity and velocity. In the event that this sewer fails it would be spilling 3,700 gallons of raw sewage per minute in to the Paradise Creek or through a storm drain to the ocean causing extensive damage to the environment. If this should ever occur, the system cannot be shut off or hold the water back, due to the large amount of sewer water. Also, there are 4 sewer and storm drain pump stations that belong to the City. They are all in need of mechanical and electrical equipment rehabilitation. The mechanical equipment, such as pumps, have exceeded its normal useful life expectancy and is in need of replacement. Its electrical layouts are old and not up to code, the existing alarm system has failed and cannot be repaired due to the inaccessibility of replacement parts. This alarm system is critical as it alerts the City in case of power failure; pump failure or water leakage. In an emergency, such as a loss of electricity, there is no connection for an external electrical generator, which could result in sewage spills. The civil engineering design services consist of design and construction documents for a new double barrel (2) 36" sewers. This new sewer will start at the intersection of 22nd Street and Hoover Street, going straight along 22nd Street and under an existing box culvert crossing Paradise Creek and continuing to join the South Bay. Metropolitan Interceptor Sewer on Wilson Street. A soils study will be provided to select the best option for construction of these improvements. The engineering project for rehabilitation of the mechanical and electrical equipment of the pump stations will consist of reviewing and evaluating the hydraulics of the existing pumps to increase their efficiency, which saves energy, through a new design of pumps and standby pumps, to upgrade to the latest code the electrical system and provide a new alarm for continuous telemetry monitoring of the stations. The estimated cost for construction is approximately $2.5 million. Funds are available in account number 125-409-500-598-2014. On January 5, 2001 the City of National City issued a Request for Qualifications seeking two Civil Engineering Consultants to perform Civil Engineering Services for the various Capital Improvement Projects. We received statements from eleven qualified firms of which BDS Engineering was selected as one of the most qualified by experience and A-200 ability to perform the required services. On April 17, 2001 the City Council issued Resolution No. 2001-15 authorizing the Mayor to execute a multiyear contract with this company. Attached is a brief biography of BDS Engineering. Staff has considered this firm to provide the engineering design services for this project. BDS has recently completed the inspection of National City Blvd from 14`h Street to 18th Street project. BDS is also familiar with the City's design engineering requirements. The engineering services will include the complete design and construction documents to design the new sewer and the rehabilitation of the pump stations. Based upon the staffs request, BDS has a proposed scope of work, outlined in Exhibit "A" of the supplemental agreement, to perform the required services. This scope of work is consistent with the City's engineering design needs. The work can be accomplished through a Supplemental Agreement to the existing "As - needed" contract. The final scope of work is attached as part of the Supplemental Agreement that is being presented to the Council for approval. The fee for performing the work per the cost proposal (Exhibit "A") is a "Not to Exceed" amount of $ 113,200. A-200 RESOLUTION NO. 2004 — 192 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH BDS ENGINEERING, INC. TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES IN THE "NOT TO EXCEED" AMOUNT OF $113,200 FOR THE NATIONAL CITY SANITARY SEWER SYSTEM AND THE SANITARY AND STORM DRAIN PUMP STATION REHABILITATION WHEREAS, the City desires to employ a contractor to provide civil engineering design services for the sanitary sewer system and the sanitary and storm drain pump station rehabilitation; and WHEREAS, the City has determined that BDS Engineering, Inc. is a engineering firm specializing in civil engineering design and is qualified by experience and ability to perform the services desired by the City, and BDS Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Acting Director of Public Works/Engineering to execute a supplemental agreement with BDS Engineering, Inc. to provide civil engineering design services for the sanitary sewer system and the sanitary and storm drain pump station rehabilitation in the "Not to Exceed" amount of $113,220. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN,_,_ THE CITY OF NATIONAL CITY AND BDS ENGINEERING, INC. THIS AGREEMENT is entered into this 21 day of September, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BDS Engineering Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide engineering design and construction documents for sewer and pump station rehabilitation. WHEREAS, the CITY has determined that the CONTRACTOR is a firm specializing in Civil Engineering design work, 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. 3. PROJECT COORDINATION AND SUPERVISION. Alberto Griego, Associate Engineer -Civil, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR Gordon Axelson, P. E., Principal 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 amounts described in the professional fees section of the attached Exhibit A (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. The length of this agreement shall be (150) one hundred and fifty working days from the date the agreement is entered. Therefore the final report shall be submitted no later than Wednesday, April 27, 2005. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 x, Any modification or reuse by the CITY of document§,,drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term 3 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. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the 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 4 the CONTRACTOR by a third party, bat only to the extent that the use or disclosure thereof hgs ., been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify and hold harmless the City of National City, its officers, employees, and appointed volunteers against and from any and all liability, loss, defense cost, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent acts, errors or omissions or other wrongful conduct performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general Liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence and annual aggregate, covering all bodily injury and property damage arising out of its operation under this Agreement. 5 employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and appointed volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change ten (10) days if cancellation is for nonpayment of premiums. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. D. Workers' compensation insurance covering all of CONSULTANT's 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey'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 and the amount of controversy does not exceed $25,000, 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 6 breach thereof that_ does_ not_exceed_$25,000 and w ich..is_not.resolved by mediation shall.he settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall 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 folloing persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works/Engineering City of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: Gordon K. Axelson Principal BDS Engineering, Inc. 6859 Federal Boulevard Lemon Grove, CA 91945-1315 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONTRACTOR shall 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. 8 B. Counterparts.. This Agreement mad beexecuted in multiple connterparts,._ each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The following Exhibits attached hereto are hereby incorporated herein by this reference for all purposes. ■ Exhibit A — Scope of Services and Fee Schedule F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY BDS ENGINEERING INC. (Two signatu s equired) By: By - Stephen M. Kirkpatrick, Acting Director of Public Works/Engineering APPROVED AS TO FORM: George H. Eiser, III City Attorney By: (Title) (Title) 10 EXHIBIT "A" 11 I IDS EnginEeeginringi, Inc. Civil neerng Land Survotying Thomas Jones, PE, LS, Principal Gordon Axelson, PE Principal August 31, 2004 Mr. Alberto Griego Associate Civil Engineer Department of Public Works City of National City 1243 National City Boulevard National City, CA 91950 Ref: National City Sewer Interceptor Upgrading and Pump Station Rehabilitation Dear Mr. Griego: BDS Engineering is pleased to provide the following proposal for civil engineering and land surveying services. We will provide the design and construction documents to rehabilitate the following sewer and storm drain stations. The rehabilitation will include the replacement of pumps, motors, controls, emergency power connections and alarm systems. Scope of Work A. Review and evaluate pumping station hydraulics under various suction and discharge conditions, including net positive suction head available and required pump discharge piping configurations to optimize the pumping, capacities. Provide standby pumping unit with capacity equal to or greater than the largest duty unit of pump, motor and controls. C. Provide design for connection of standby power. D. Provide design for a telemetry alarm system (SCADA) for the following conditions: • Power Failure • Pump Failure • High Wet Well Level • Flooded Dry Well • Leak Detection 6 8 5 9 Federal Boulevard Lemon Grove, California 9 1 9 4 5- 1 3 1 5 619-582-4992 Fax 619-582-7428 M:ISERIA L Z ERIAL7\ 1518.doc Established 1973 Mr. Alberto Griego City of National City August 31, 2004 Page Two Unless otherwise noted, existing as-builts will be used to develop the backgrounds of the existing pump station structures, pumps, controls and electrical schematics. It is assumed that the pumps and equipment recommended to replace the existing facilities will fit in the existing pump station and modification or replacement of the pump station structures will not be required. We also assume that all necessary utilities are available at or adjacent to the sites and have the required capacities to accommodate the proposed improvements. Recommended Improvements: 1) New Gould Pumps at 80% efficiency minimum 2) New Motors 3) New Electrical Power System 4) New Electrical Controls 5) New SCADA system Pump Station Locations Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th and I-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station 33" Sewer Main upgrade We will provide a Topographic Survey, Construction Study, Geotechnical Investigation, Construction Drawings, coordination with the City of San Diego and necessary documentation to replace the existing. 33" sewer main in 22nd Street extending from Hoover to the City of San Diego's 96" South Metro Interceptor Sewer. The replacement of this section of sewer main is required to upsize the existing pipe and to mitigate the negative flow condition. The depth of flow line is anticipated to be approximately 15 feet at the easterly end and 35 feet at the connection to the Metro Interceptor Sewer. The new system will consist of an oversized manhole connection to accommodate the connection of up to 2-36" diameter PVC pipes, which will then extend westerly under Paradise Creek and connect to a new 35' Deep connection vault to be constructed around the existing Metro Interceptor Sewer. M:\SERIALISERIA1,711518.doc Mr. Alberto Griego City of National City August 31, 2004 Page Three Study A study will be provided to determine the best option for constructing the proposed improvements. Based on our meetings with City staff the following are the options to be reviewed for the construction of the proposed improvements: • Conventional Cut and Cover • Jack and Bore Pits • Tunneling The Study to determine the best option for constructing the improvements will include ..soil conditions, impact to surrounding businesses and existing sewer facilities, access and cost. Public Improvement plans will be done which will include Title Sheet, Plan and Profile Plans, Details Sheets and Structural Calculations. Soils The Geotechnical Investigation will include reviewing published geologic maps, aerial photographs, and other literature pertaining to the site to aid in evaluating geologic hazards that may be present. We will also provide 6 small -diameter borings to depths ranging from approximately 30 feet to 50 feet in depth to examine and sample the prevailing soil conditions encountered and to measure. depths to groundwater. Laboratory tests on selected soil samples will be performed to evaluate in situ density, shear strength, consolidation, compaction and expansion characteristics of the prevailing soil conditions encountered. A written report will be prepared presenting the findings, conclusions and recommendations regarding the Geotechnical aspects of constructing the new sewer main as proposed. Recommendations pertaining to temporary slopes, shoring for jack and bore pits; soil information to assist in evaluation of tunneling, and compaction specifications for backfill will be included in the report. M:\SERU' \SERLALT1518.doc 441 Mr. Alberto Griego City of National City August 31, 2004 Page Four Fees Bay Marina Drive Sewage Pump Station (24th and Tidelands) Mile of Cars Way Sewage Pump Station (24th and I-5) 18th Street Stormwater Pump Station 14th Street Sewage Pump Station Sewer Main Upgrade Topographic Survey Geotechnical Report Construction Analysis Improvement Plans SWPPP Total Fees The above fees do not include the following: Lump Sum $15,750 Lump Sum $11,500 Lump Sum $ 9,750 Lump Sum $13,750 Lump Sum $ 3,500 Lump Sum $12,500 Lump Sum $ 5,500 Lump Sum $36,750 Lump Sum $ 4,200 $113,200 • Public Agency Fees • Construction Staking, etc: • Boundary Survey/ Record of Survey • Right of Way Dedications/Vacations, etc • Title Report, Deeds, etc. • Environmental Remediation • Documentation for "General Construction Activity Storm Water Pollution & Prevention Plan" and "Notice of Intent" • Underground Utility Locator Service • Overnight Mail, delivery services, etc. If you have any questions, please do not hesitate to call. Very truly yours, BD . ` 1 gir} ring, ordon K. Axelson GKA:vc M:VSER AL\SERIALT1518.doc BDS Engineering, Inc. History Bement-Dainwood-Sturgeon, Civil Engineers, was established in 1973 by James D. Bement, John F. Dainwood and Kent L. Sturgeon (all since have retired). These three principals brought to the firm a diverse and varied background consisting of experience in civil design, municipal engineering, construction inspection, construction administration, surveying and materials engineering. In 1997, the remaining original founder retired and the firm changed its name to BDS Engineering, Inc. BDS is a small business enterprise located in Lemon Grove. It employs 24 people, which include registered engineers, designers, CADD operators, surveyors, technical specialists and administrative support personnel. The company was selected in 2001, through a Request For Qualifications, coming from our need for dependent competent engineering services and was selected as one of the two firms to offer on call engineering support to National City. Civil Engineering Design and Support A full range of general civil engineering services is provided by BDS Engineering, Inc. These include primarily • Grading Plans • Sewer Systems • Water Systems • Street hmprovements • Construction Inspection • Drainage Improvements • Construction Documents • Surveying • Contract Administration • Computer Aided Design and Drafting BDS currently serves as City Engineer and engineering staff for the City of Imperial Beach, Ca. Our contact is Mr. Gordon Axelson, P.E., Principal who is experienced with the requirements of a Public Works/Engineering organization and has been managing the services provided to the City of National City during the last 4 years. He has been responsible for the supervision of design, project management and contract administration of major public projects with clients such as the City of San Diego, City of Imperial Beach, City of Coronado, City of Lemon Grove, City of La Mesa, City of Chula Vista, the Port of San Diego and the City Of National City. `72GlAccoUflts tqtuJ .-svr OudQT oda, • • Inbox. C472) • • • ;•• !..;alert,dar • • , • I...ant:71$. • • , • ;: .• • TaOs • ; • • • • t,.1.,stas • 44444440.49441.54i4444100.004. ••• 5a5op;,-7.35goa,N6w4,.,,,u,,,:,,,..,„...,,=„ • „7,„5,„,„..,F • n 75w. '110!0,1125-409-500-598-2014 . SEWER SYSTEM MAINTENANCE 11441414444444;4444-44404,4 44444,4422441,4154424224444.404444444404_ 4414ANAVVit 2,345,407.01 Ul 2004 1,945,424.25 j', 0.00 17.24 I, 1,945,407.01 !` r,,, . 21-07w331 1,545,656.91 1 0.013'S 232,661,545,424.25 420,800.16 1 0.00 , 420,900.16 1 0.00 0.1 273,437 20000 1 1 1,239,994.89 F .82 4 966,457.07 0.00 -.. 300,000.001 60675 1 299,393.25 , 1999 300,000.00 1 0.00 A 139,965.88 11 160.034.12 .r.... ,„ .. 41,4444144.:4 44'44 P,4-A,'-g4- effeV44,4 Marylou Acre!, Annexation Iht19/2pl200tp:39. !!!t City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE Odober 5, 2004 AGENDA ITEM NO. 16 7ITEM 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 Hradeckyq. 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. This ordinance is reintroduced in order to add a provision regulating cigarette rolling papers, unless they are displayed and sold in connection with loose tobacco products. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION INTRODUCE ORDINANCE BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. 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 Definitions 10.20.020 Prohibition 10.20.030 Notice of violation —Order 10.20.040 Failure to comply with notice of violation 10.20.050 Declaration of public nuisance 10.20.060 Construction 10.20.070 Sale or display of drug paraphemalia—Prohibited 10.20.080 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 paraphernalia", 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. Except as provided in section 10.20.070, the definition shall 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 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. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 3 of 4 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 attomey 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 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. Chapter 10.20 Illegal Drug Activity Ordinance No. 2004 — Page 4 of 4 10.20.070 Sale or display of drug paraphernalia -Prohibited. A. 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. B. This section shall not apply to cigarette rolling papers that are sold or displayed in connection with the sale of loose tobacco products. 10.20.080 Severability. 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 d tof 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 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE Oct._ 5_,_2004 AGENDA ITEM NO. 17 (-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, Eq. DEPARTMENT EXPLANATION (Ext. 4222) 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. ( Environmental Review Financial Statement • N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Ordinance Resolution No. A-200 (91199) 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: /74.2.4: George H. Eiser, III • City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 5. 2004 AGENDA ITEM NO. 18 ITEM TITLE SCHEDULING OF CITY COUNCIL WORKSHOP TO CONSIDER AN ETHICS CODE AND CAMPAIGN CONTRIBUTION LIMITATIONS PREPARED BY EXPLANATION George H. Eiser, III +("' DEPARTMENT City Attorney EXT. 4991_ At the September 21 City Council meeting, the Council requested that an item be placed on the October 5 agenda for the scheduling of a workshop to consider an ethics code and campaign contribution limitations. 1 Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Schedule workshop BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A MIS Approval Approved By: Finance Director Account No. Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE October 5, 2004 AGENDA ITEM NO. 19 ITEM TITLE TEMPORARY USE PERMIT —KALUSUGAN COMMUNITY SERVICES FIL-AM WELLNESS CENTER 2ND ANNIVERSARY CELEBRATION ON NOVEMBER 6, 2004 A ` EAST 8TH STREET PREPARED BY Rosie a e6-4211 DEPARTMENT EXPLANATION Building and Safety This is a request from Kalusugan Community Services Fil-Am Wellness Center to conduct their 2" anniversary celebration at 1419 E. 8th Street from 10:00 a.m.-7:00 p.m. on November 6, 2004. The event will consist of a fashion show, dancing exhibition, karaoke music and food. The event is free. The applicant is requesting the use of the City stage and PA system. City Council Policy 802 is attached and states that the stage and PA may only be used on City Property unless the event is co- sponsored by the City and the event is in the public interest. The applicant is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. ( Environmental Review X NM Financial Statement The City has incurred $345.00 in costs in,processing gthe T.U.P. application through various City Departments. Additional fees requested frorf'i i°e'fre Ref) chit;, grrnirt for a canopy in the amount of $85.00 and Parks, if overtime is approved in the amount of $909.57. The total amount due for this event is $1339.57. Account No. STAFF RECOMMENDATION ems? ( Approve the Application for a Temporary Permit subject to compliance with all conditions of approval and grant the waiver of fees. and deny the use of the stage and PA system. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: KCS Fil-Am Wellness Center EVENT: 2°d Anniversary Celebration-KCS Fil-Am Wellness Center DAI'h OF EVENT: November 6, 2004 TIME: 10:00 a.m. — 7:00 p.m. APPROVALS: PLANNING FIRE FINANCE POLICE PARKS CITY ATTORNEY PUBLIC WORKS YES [x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES[x] NO[ ] YES[x] NO[ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SPECIFIC Conditions of Approval: FIRE (336-4550) 1. No emergency access shall be blocked at anytime during this event. 2. A canopy, in excess of 200 sq. ft., requires a permit. The permit can be obtained at the Fire Department administrative office next to Finance at City Hall. The fee is $85.00. FINANCE (336-4330) 1. A business license is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) PUBLIC WORKS (36-4380) 1. No involvement from street division. PARKS (336-4290) 1. If approved overtime is requested for set up and break down for two city workers ($909.57) 2. Council Policy 802 attached. Type of Event: Public Concert Parade Mntion Picture p'� to F�', ��Eveen4Title: KALUSUGAN COMMUNITY SERVICES FIL-AM WELLNESS CENTER veQ ntLocjon: 1419 EAST 8th ST. , NATIONAL CITY, CA 91950 Ctk®' tile,. €ben,t Date(s): From 11 / 6 / 04 to 11 / 6 / 04 Total Anticipated Attendance: 150 ( X Participants) ( X Spectators) _ Fair _ Festival _ Community Event _ Demonstration Circus Block Party _ Grand Opening X Other 2nd ANNIVERSARY CELEBRATION tigtk° Month/Day/Year Actual Event Hours: 10 : 00am/pm to 7 :00 am/pm Setup/assembly/construction Date: 11 / 5 / 04 Start time: 4 : 00 P . M. Please describe the scope of your setup/assembly work (specific details): Either a canopy or tents that will be set up in front of KCS Fil-Am Wellness Ctr. Nothing large, large, large. Dismantle Date: 11 / 7 / 04 Completion Time: 10 :00 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N/A Sponsoring Organization: KCS FIL-AM WELLNESS CENTER Chief Officer of Organization (Name) RIZ OADES Applicant (Name): OFELIA D IRIFE , Dr . P.H. For Profit X Not -for -Profit Address: 1_419 F. 8th St. , National City, CA 91950 Daytime Phone: (619 477-3392Evening Phone: 019) 477-3392 Fax (619 477-3391 Contact Person "on site" day of the event: RIZ OADES Pager/Cellular: (619) '917-0728 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): X YES NO YES X NO $ 5 c c o Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 3, G b O Estimated Expenses for this event. $ 2, OO 7 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 2nd ANNIVERSARY CELEBRATION OF KCS FIL-AM WELLNESS CENTER. THERE WILL BE MUSIC, FASHION SHOW, DANCING EXHIBITION, KARAOKE SINGING, & LOT OF FOOD! SATURDAY EVENT. WE EXPECT PEOPLE TO BE COMING & GOING, NOT A HUGE CONVERGENCE AT ANY SINGLE TIME. _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. .X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Se e- 0-7tejua.. cy X YES _ NO Does the event involve the use of tents or canopies? If YES: Number oftent/canopies 1ar2.- Sizes Approx. 15' X 20' NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concessiomand/br Beer Garden areas. N/A > Food Concession and/or Food Preparation areas N/A Please describe how food will be served at the event: CATERED Feet, WELL QC 1;ErK-✓e j IA/S1b& fl-JE• 1314/L7/aJ6- 4 If you intend to cook food in the event area please specify the method: N/A GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: N%A (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs 4 TABLES , 70 CHAIRS ➢ Fencing, barriers and/or barricades N/ A • Generator locations and/or source of electricity ON -SITE' ➢ Canopies or tent locations (include tent/canopy dimensions) FRONT OF RCS CTR. ➢ Booths, exhibits, displays or enclosures N/A ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures N/A ➢ Vehicles and/or trailers N/A ➢ Other related event components not covered above -0- Trash containers and dumpsters ON -SITE TRASH BIN/DUMPSTER (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 1 Describe your plan for clean-up and removal of waste and garbage during and after the event: WE HAVE A DESIGNATED CLEANING CREW (VOLUNTEERS). Please describe your procedures for both Crowd Control and Internal Security: TWO SGTS-AT-ARMS SUPPORTED BY VOLUNTEER BOY SCOUTS FROM NATIONAL CITY. _ YES g NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FIRST AID KITS ON SITE Please describe your Accessibility Plan for access at your event by individuals with disabilities: HANDICAP ACCESSIBLE. HANDICAP PARKING PROVIDED. Please provide a detailed description of your PARKING plan: SUFFICIENT PARKING ADJACENT TO PARKING LOT. Please describe your plan for DISABLED PARKING: HANDICAP PARKING PROVIDED. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: THIS IS A COMMERCIAL AREA. EXPECTED ATTENDEES ARE BY INVITATION. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. *NO STAGE WILL BE Number of Stages: N/A Number of Bands: 1 ERECTED. Type of Music: VARIETY X YES NO Will sound amplification be used? If YES, please indicate: Start time: 10 •00 am/pm Finish Time 7 . on am/pm X YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 9 : 30 am/'pm Finish Time 9 : 55 am/pm Please describe the sound equipment that will be used for your event: PUBLTC ADDRESS SYTEM (PAS) YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _x YES NO Any signs, banners, decorations, special lighting? If YES, please describe: BALLOONS Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization KCS FIL-AM WELLNESS CENTER Person in Charge of Activity RIZ OADES Address 1419 EAST 8th ST., NATIONAL CITY, CA 91950 Telephone (619) 477-3392 Date(s) of Use 11-06-04 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims,i demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant 1 k-C? Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 RE.:U'EST FOR A WAIVEROFFEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization KCS FIL-AM WELLNESS CENTER Type of Organization NON-PROFIT, SOCIAL SVC, HEALTH PROMOTION & (Service Club, Church, Social Service Agency, etc.) PREVENTION ADVOCACY { 3. Will the event generate net income or proceeds t the sponsoring organization? ✓` Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. X No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? }� Yes (Please provide an explanation and details. _ No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) Signature Dat 9 POLICY. The Mobile St be used only on cityage and the city limits of parklands annually includes: National Ci 4aytzme Band Review h of July Celebration Chile.Cookoff Old Town Celebration Parks and Recreation Department The Parks and Recreation DireEvents i stage when all of the following may authorize other 1 g conditions are met: use of the recognere ized noi profit motive and t_ nized National City Organizatp°nsorin 2- The event is co -sponsored g group is a sponsored by the Cit 3. The event is open and y of N free to National City, 4. The event isthe public. 5. recognized as rest The event being . in the public National Cmust take place within the irate city limits of he Parks and Recreation roced ures are followed: Director shall The'stage shall equipmenta%hall tansported by city staff. by city staff, be connected for The shall service at USERbe financial) uniti stageresulting from carelessness responsible for any 'shall be arelessness or misuse, end of each event byecity estaffThto the Public Works Yard insure that the following the event site damage to the at the CIT COUNCIL P TITLE: POLICY GOVERNING THE USE OF THE MOBIL STAGE AND EQUIPMENT E AD©PIED;. November 12, AMENDED.OR 1991 REVISED:,April 5, 1994 L1Cy the equipment attendant thereto hall and/ other public property within ty. Regular e that is approved POLICY NUMBER: 802 7 ti From: Pat Henderson At CCI FaxID: To: Ofeia Dirige Ud1C: or I J/4M IU.UY nib r a . S. S I a ACORD. CERTIFICAT OF LIABILITY INSURANCE OP ID PH KALUS-1 DATE(% DWYYY'T 08/13/04 PRODUCER Continental Commercial Insurance Brokers, Inc. 025 Prospect Street, S350 is Jolla CA 92037 Phone: 858-456-9988 Fax:858-456-9987 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 NAIL # INSURED Kalusugan Community Services Ofelia Dirige 731 Diamond Drive Chula Vista CA 91911 IMWM & Northfield INSURER E INSURER C: USURER Cr INSURER E THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MOICATED. NOTWITHSTM NNG ANY REOUIREMENT, TERM OR CONOUION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TIES CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE MSURNNCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHORN MAY HAVE BEEN REDUCED BY PAD CLAIMS. AaR LTR PPOODD''LL YMM TYPE OF INSURANCE POLICY tRREFNT POLICY EFFECINE OATEOBADDIYYI POLICY EXPIRATION DATEOAmINTIO LIMITS GENERA. X WORMY COMMERCIAL GENERAL LIABILITY CP481184 09/04/03 09/04/04 EACH OCCURRENCE S 1000000 LIAtMGN FORtNIet/ PREMSES01000I SIM s 100000 CwMSMeOE 1K I occiTR MEDEAP(Ar,yone Dusan) S 15000 PEiSO(ALA ARVIN/HY S 1000000 GENERAL AGGREGATE s 3000000 GENt AGGREGATE LAIR APPLES PER POLICY ,Ear 1 1LAC PRODUCTS-COMPIOP AGG s Included —1 AUTOMOBILE U1IBLITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMOPIED SNME LIMIT (Ea acOaent) S BODILY !NARY (Ptrdo.) S BODILY INJURY (Per accident) S PROPERTYDAMAGE (Paz accident) S RAMIE LIABILITY ANY AUTO AUTO OALY- EAACCIDEM S EA ACC OTHER THAN S AUTO ONLY. AGO S EXCECWLIRRSLLA LIABILITY OCCUR I I CLAIMS NUDE EACH OCCLRRENCE S AGGREGATE S S DEDUCTIBLE RETENTION S S WORKERS COMPENSATION AO EMPL EMPLOYERC UpEIUTY ANY BIRO WiETORfPMfNE{UE%ECUTNE OFFCERIMEMBER EXCLUDED? II INS describe under SPEUAL PROVISIONS WON WC STATLL OTH- TORY LIMITS ER EL EACHACCIDENT S E.L. DISEASE- EAE0PLOYEE S EL DISEASE- POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS $ VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Proof of General Liability. *10 days notice for non-payment of premium CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City CA 91950 SHOULD ANY Of THE ABOVE DESCREED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE HEREOF, THE ISSUING MSURERWALL ELEIGAYOR TO TAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FALURE TOOO SO SHALL WHOSE NO ON.DATION OR LIABILITY OF ANY KIND UPON THE INSURER Ifs AOHNTE OR REPRISBHTAT as. ACORD 25 (2001/08) DINE 0 ACORD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE October 5, 2004 AGENDA ITEM NO. 20 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — SWEETWATER TOWN & COUNTRY MERCHANTS - FABULOUS 50'S ON OCTOBER 23, 2004 AT 1722 SWEETWATER ROAD, STE. C DEPARTMENT Rosie Gu�ierre336- 4211 Building and Safety This is a request from the Sweetwater Town & Country Merchants Association to sponsor a 1-day event in the parking lot at 1722 Sweetwater Rd. from 10:00 a.m. to 4:00 p.m. on Saturday, October 23, 2004. The free event will consist of a Halloween Contest for children ages 2-10. Clowns, hula -hoop and a bubble gum contest will follow. Live music will be provided and crafters will set up. The event will also consist of a classic car show from 12:00 p.m. — 4:00 p.m. The Association is also requesting permission to hang 4 banners at the entrance to the shopping center. This event is free to the public. ( Environmental Review X N/A Financial Statement The City has incurred $150.00 in costs in processing the T.U.P. Departments. flaitithiBtifitoagjh various City Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9. 99) TIME: APPROVALS: POLICE PLANNING FIRE FINANCE COMMUNITY SERVICES ENGINEERING RISK MANAGER PARKS PUBLIC WORKS CITY ATTORNEY CONDITIONS OF APPROVAL: FIRE (336-4550) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Sweetwater Town & Country Merchants Association DATES OF ACTIVITY: Saturday, October 23, 2004 LOCATION OF ACTIVITY: 1722 Sweetwater Rd Shopping Center Parking Lot 10:00 a.m. to 4:00 p.m. YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO[ ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[ x SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[ ] 1. No emergency access shall be blocked during this event. 2. No fire hydrants, FDC's or sprinkler connections are to be obstructed in any way. FINANCE (336-4330) 1. If vendors will be present on this event, a Business License is required for each participating vendor. Vendors currently licensed by the City may operate on their existing license. 2. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the business license, however a Business License certificate must be obtained from the City Revenue and Recovery Division, Business License Section. 3. A list of all participating vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. RISK MANAGER (336-4243) 1. If the event is going to be held completely on Sweetwater Town & Country Shopping Center, no hold harmless or insurance required. Type of Event: Public Concert _ Fair _ Parade _ Demonstration Motion Picture —Grand Opening Event Title: Event Location: �^ et f x r o7:1 -.CqY1 y Sir"p!luq (1f t4er Event Date(s): From 1 Oc2 trr 20044 Total Anticipated Attendance: v 3 U 0 Month/Day/Year (SO Participants) (266) Spectators) Festival Circus /Other u3 _ mty Even?001 Bloc CITY, C.4LIF, Actual Event Hours: IQ am/pm to r am/pm !e Setup/assembly/construction Date: 10 ' Sta time: 1� ,00FX+1 Please describe the scope of your setup/assembly work (specific details): W( Q -45 au/Li en Dismantle Date: 16- a3" b mpletion Time: IO 00 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N/p Sponsoring Organization: LA - j1? J ( j ? L—' ror 'ro it / Not -for -Profit Chief Officer of Organ' tion (Name) - 1e % Applicant (Name): 0 tE VM Address: 11 D--- Z.Q2'ial Q6 , 5(7j' C J b-rd. 6,7ti CQ -1 6SO Daytime Phone: 71J 4`(t (Evening Phone: q75 k/ S Fax: (_ J'— Contact Person "on site" day of the event: (2310 j.1 . Email Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose nd provide amount(s):waii tf YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ l©// ) • Estimated Expenses for this event. $ 'l W " 1,1 "t What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent it rma o�n about the event. i f P i 6.41--' 0 •i C, ins edaW0,-- j4 ,4 gym, (L ,o—i t jij , 46-4bui1, t, 4 lx:UCTW.K &iv 1 i i' t—ei e(AJV 12 30 &-fiff\igi w(sa 36k kl. oill401.6 a bilh %Ito NA ONA.3k d Otturru LL u.: f 0,11,vAla:mac k\ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES TLv0 Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? If yes, please describe: _ YES O Does the event involve a moving route of any kind along streets, sidewalks or lI �� highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. — YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES lO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: u�p If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) fables and Chairs � c�"� encing, bame s nd/or barricades' 1K3 > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures i�$ exit t IV Scaffolding, bleachers, platforms, stacaes_grandstands or related structures > Vehicles and/or trailers ➢ gther related event components not covered above rash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after.the event: Please describe your procedures for both Cr J wd Control and Internal Security: _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: PI ase indi t what arr ngement you h ve made for providing First Aid Staffing and Equi ment. P se describe your Accessibility Plan fo acce t ou a ent by individ als with disabilities: - a -..O fm. t � .( ti- Please provide a detailed description of your PARKING plan: ALCA-Q u,..(41 14CC,172-Q Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, b messes and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. .4,YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 4 Number of Bands: Type of Music: 'oG15 + I l OLi.�L .YES _ NO Will sound amplification be used? If YES, please indicate:2�1 Start time: q .00Pt(hm/pm Finish Time C' lV am/pm _ YES I10 Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES 0 Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: ,for Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,600 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? A. Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proc ed to Question 3. Na .fns.themorga ation. /l1La'n� Type of Organization ,(t/ tt'SL (Service Club, Church, Social Service Agency, etc.) Ll 'tJ 3. Will the event generate net income or proceeds t the sponsoring organization? _ Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. Vo (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city govemment such as the generation of sales tax? Yes (Please provide an explanation and details. XNo (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. XNo (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: / ` No (P lease sign the form and submit it with the TUP Application) Date Date 9 CrGSous -Tos\Cans 06Q a ao ..[[Twit[' •a1r.n taw .I19aCIO al.. Yllall RESUME Oa MOIL MSS N IT. •,.n a1e waa waa, . Baum W N Y m'+a1t Ml LIMY al II. 9941441 YC1en1 OaapR. ammo• a'Nn.4.1,504 NM pasardt wernatuffliseutu e1.N KII. 14144444/4 1l'4Yaamorma ma...in R. }4014 SO aaloalaai.Yl. la OMR. OM la II. 141000 ammo 414110114 Itaal.ralwwY I+aaalnm IOW SOw taw la t1O 1044.1S•1MI4 Oa,tlR. 1:r4:4444, IAC%C% 2.40,4Co ..M 11..., "ttr tr4it '.'� tour[ tl SITE PLAN SWEETWATER TOWN & COUNTRY .FETING DATEjctober 5, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 21 ITEM TITLE TEMPORARY USE PERMIT — PARADISE CREEK EDUCATIONAL PARK-DIA DE LOS MUERTOS ON OCTOBER 31, 2004 AT HOOVER VENUE SOUTH OF 18TH STREET PREPARED BY ��, DEPARTMENT EXPLANATION Rosi:` utierrez, 336-4211 Building and Safety This is a request from the Paradise Creek Educational Park to conduct a Dia de los Muertos event at Hoover Avenue south of 18th Street on Sunday, October 31, 2004 from 12:00 p.m.-5:00 p.m. This event will consist of setting up tables for the community to display altars. There will be a Mariachi and traditional music for those attending. The applicant is request that Hoover Avenue south of 18th Street to the dead end be closed to traffic from 8:00 a.m.-6:00 p.m. The applicant is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704. ( Environmental Review X N/A 1.Financial Statement Approved By: Fi ence Director The City has incurred $150.00 in costs for processing the T.U.P. through various City departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval and map of the site. A-200 (9 99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE COMMUNITY SERVICE PARKS ENGINEERING PUBLIC WORKS FINANCE POLICE CITY ATTORNEY RISK MANAGER CONDITIONS OF APPROVAL: Paradise Creek Educational Park, Inc. Dia de los Muertos Sunday, October 31, 2004 Noon to 5:00 p.m. YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE 336-4550 1. There should be no impact on fire department operations since this is only a one block area and the event is on a Sunday. FINANCE 336-4330 1. A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any vendors or an organization is registered not -for -profit, there will be no charge for the business license. However, a business license certificate must be obtained from the City Revenue and Recovery Division, Business License section. (Note: a clearance fee does not apply to Non-profit organizations located in National City that submit an initial business license application.) 03 CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy 3. Standard hold harmless signed. PUBLIC WORKS 1. Streets will set barricades on the corner on Friday, event personnel will need to set out barricades and return them to the corner after event. ENGINEERING 1. Call Engineering Department at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity. Call Charles at (619) 336-4380. (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX 09/23/04) Type of Event: Public Concert Parade _ Motion Picture Event Title: Event Location: Event Date(s): From tom' 31 to (0l 1 1 Month/Day/Year Actual Event Hours: t Z am/em to am rr Setup/assembly/construction Date: (C.'31 Start time: Ari'^ Please describe the scope of your setup/assembly work (specific details): fcb ie S CtAct,rg s e Z�" i,,11 6e ��� � t%� -Fe e.. See+ Fair _ Demonstration _Grand Opening Festival Circus Other to. ode. L.05 h'1tAe,i s XCommuni ent Block Party C,r, Total Anticipated Attendance: 2-0 0 4.4/0. Zoo Participants) Spectators) Dismantle Date: 10/3 i Completion Time: G ' °b am/i0 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. oVetAve_. lAetds +D (-e ck.sec3 a<c -h i-P., e de-et.61- end ui - Pc. rc, d t se_ Ciee • Arr" i b r e: v, I (31 /0 4 OW1 t1. Sponsoring Organization: Para-d4SC0ee4- OctIAGcchovwa( Nsi Otte, For Profit I`� Chief Officer of Organization (Name) �� A . Gedskal L Not -for -Profit Applicant�+r(Name): 1`(�4r-6-d -se. (A-ee. U1�Atp a,� ioNo.1 laric. L. Addresls: 7)L1`� eteoetc k ea` „`vi Ci j a 61igSo Daytime Phone: (6%i) .171-67(( Evening Phone ( ) - Fax: Contact Person "on site" day of the event: 1ett GDd Si/a 1K- Pager/ ellula & t et- s 1--S 6 Z 3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? \ YES _ NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): ' va $ I 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. o� $ Lt0 0 Estimated Expenses for this event. $ 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. de- to 3 Mt•-e4 - o S Us 4 Coo-i w. c,,,,. L-i ,e vim. ,,+ t teloatves at 6rs (0PflreA'1431-41-(4. } se4- iit,p tsi4 ) Ceps c%,r"ou-r -- u l� `j%t � w-Cl t 6e Grp a �w + l 4r di twit„ � -_uc a d 124 v e Creek- t 604 f c _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: cc,e1 t w1--4( 4-1•s 4k10 fn de( V+D _ YES 4 NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the t�r� direction of travel, and provide a written narrative to explain your route. v� YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or . .. If YES: Number of tent/canopies 7i Size ( o )c 1 t3 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: c iL im d ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas n Please describe phow � food will be served at the event: CS' �✓ t Ll pi^cc-sejc� n 501O4 t)1 e (Ake • 11.4 +$ G U a� turcA j - rof c Dcl 6, I,1 e If you intend to cook food in the event area please specify the method:: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities s (1f Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: 7l Oa Ut 6l into+ kid oa Describe your plan for clean-up and removal of waste and garbage during and after the event: i r5 co b� Gl � c veA a�"t ' eve Co plek1� Please describe your procedures for both Crowd Control and Internal Security: VO 1.4 1 ÷zet'S Gviot 4 SA -Yee- C. tb s U ✓e. . _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address. Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. VcI(ttN+eexs ewe- *co v,ect ✓s4--4tc cs t Qd t"e. 4 'its A-t.c3 eat pvte_s -+ a l l i-i— Please describe your Accessibility Plan for access at your event by individuals with disabilities: eociw rs an cdred` leue ( aKd 4cce.sr/ b �P Please provide a detailed description of your PARKING plan: U rt�w.a is v la le eo. Ise. sirep-f-s a - sz-i-e a S t -e41 Cs (G , n,, bait SC tut b i , Pleas sczbte iyour plan ea r Di to Dt S Rocca 1 'z to GO- VI IAA 60,14 cc.14,361, 4 Please describe your plans to notify all residents, businesses and churches impacted by the even ping v144,1 IH tia VCone cot() ��, a,lu ed �v D�✓he��c.% NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of.bands and type of music. Number of Stages: I Number of Bands: 1 Type of Music: CtYLCK L ah. ' - jti kS t� )(YES NO Will sound amplification be used? If YES, please indicate: Start time: f r". aminish Time am/J YES T. NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Sc (-e tow Vo P. A , r`t s 0. YES KNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X*10 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC°PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless - Agreement. Certificate of insurance must be attached to this permit.,— Organization fz,rccttse Cifozb g\el ¢/�t -I Pc.i _ we ^4 U Person in Charge of Activity 1 N • chk4� Address 2,14,3 CkA QIa l Alk2_. (41ho i4 C -}1, G4- iSD Telephone 114.4,77-676 Date(s) of Use lb/31 /O( HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. �d a Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 1( Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization FGt'r13e Cre�L. Ecti.tc G6( Pail l✓ tc Type of Organization *Ec-cat-w.AA,( (Service Club, Church, Social Service Agency, etc.) 4 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? 4 Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 d' 5 X 5 TO THE INCH • 7 X 10 INCHES ffll�� KEUFFEL & ESSER CO. MADE IN D.S.A. 46 0410 FL?fy)T-: 1 d AEETING DATE Octnher 5 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 22 (--ITEM TITLE PREPARED BY EXPLANATION Rosie Gutierrez, TEMPORARY USE PERMIT — NATIONAL CITY POLICE DEPARTMENT — PUEBLO UNIDOS MARCH on Saturday, October 30, 2004, 10 am on D Avenue from National City Middle School to Kimball Park unity Event in Kimball Park from 10 am to 2 pm DEPARTMENT ffice Assistant Building & Safety This is a request from the National City Police Department to conduct a march from National City Middle School on Saturday, October 30, 2004 ending at Kimball Park where they will have a Community Event on Gangs and Violence from 10:00 a.m. until 2:00 p.m. The march will last from 10 to 15 minutes. National City Police officers will provide traffic control during the march. The Community Event will consist of a display of cars and booths from community service organizations. The Police Department is requesting the use of the City Stage and PA system. A map of the route is attached. The application and the event qualify for a waiver of fees pursuant to City Council Policy No. /04. CEnvironmental Review N/A Financial Statement Approved By: The City has incurred $241 in costs processing the T.U.P. application through vaftt se@ for Departments. N/A Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the request for a waiver of all fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9 991 Actual Event Hours: /6J am/pm to Type of Event: _ Public Concert Parade _ Motion Picture _ Fair _ Festival _ Demonstration _ Circus _ Grand Opening _ Other Event Title: P✓E 1 Q L/JV7 ( 1444' ' Event Location: r4,<__ lC X_ Community Event Block Party Event Date(s): From lt`/34. to le/3 a Total Anticipated Attendance: del r f/O". Month/Day/Year ( ,)C Participants) ( ), Spectators) Setup/assembly/construction Date: 1(1/31/' 1Start time: 41'P.1"/ Please describe the scope of your setup/assembly work (specific details): Dismantle Date: /�.7g`j Completion Time: -aff List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: /0I7)>.i49'L G?7, i� For Profit /b Not -for -Profit Chief Officer of Organization (Name)'� Z/-. c� /0-44 ��e. - Applicant (Name): ti'e/h,/3C,. Address: [ Z 9 /2,24-r‘ 9-C / 001 Daytime Phone: fly) 3) b ` (S` 'vening Phone: (YCfj 3.3"'"Fax: es(' ) Contact Person "on site" day of the event: Pager/Cellular. 2 ) -7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. /4/ s✓' 7t ii2j,i4 C'.445 a..4 & ; (iS ei i YES O If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES 4)NO Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: DYES _ NO YES _ NO _ YES 'NO Does the event involve a moving route' of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies .• Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following. items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: _ GAS ELECTRIC " • CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES i` NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YESNO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: /`/zee C e� . Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: >(-e c��' f- 4c/7t--et 4- L w s c NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: / Type of Music: t 4 -r_:-// YES _ NO Will sound amplification be used? If YES, please indicate: Start time: / = J �s am/jr-Finish Time / 2 t a YESA. NO Will sound checks be conducted prior to the event? If YES, please indicate: YES Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only —Event-- Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 NATIONAL CITY POLICE, DEPARTMENT Memo To: Chief Gonzalez From Officer Shephard (#402) CC: Date: 09/02/04 Re: Pueblo Unido March National City On 09/01/04, I met with Sgt. Contreras (SDPD) and the Criminal Justice Committee. We discussed a proposed route for the Pueblo Unido march on 11/23/04 in our city. The following route was proposed: • Starting point at National City Middle School (1701 "D" Avenue). • North on "D" Avenue • Enter Kimball Park off of "D" Avenue This route is safe for all the marchers and will be least intrusive on businesses and traffic in our city. My plan is to use swom personnel from the San Diego Sheriffs Department, San Diego Police Department, Department of Corrections and the Gang Enforcement Team (NCPD), to close streets for a short time along the route as the marchers pass. The following is a list of streets that we would need close: 1. "D" Avenue @ E. 18th Street 2. "D" Avenue © E. 16th Street 3. "D" Avenue @ E. 15th Street 4. "D" Avenue @ E. 12th Street/Kimball Way The above streets would need to remain closed during the duration of the march. I estimate this to take no longer than thirty minutes. My plan is to use marked police vehicles to block the streets. This will allow for easy opening of the streets and no cost for Public Works. Please advise me if this plan is acceptable to you. If this plan is acceptable, I will meet with city officials and obtain the required permits for Kimball Park and to have a march in the city. • Page 1 STATE OF CALIFORNIA FACTUAL DIAGRAM CHP 555 Page 4(Rev. 8-97) OPI 042 Page of DATE OF COLLISION (MO. DAY YEAR) TIME (2400) NCIC OFFICER I.D. NUMBER ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE ut-0 u �b0 M$ P (' a� 7r 0 j3a iZ0C4- �a 32,01/4 I A o o 30 I Ae-t S Cut) 13 l f e ,e.1'T INDICATE NORTH I ")AT- ✓//////i PREPARED BY I.D. NUMBER MO. DAY YEAR REVIEWER'S NAME MO. DAY YEAR OSP 99 28973 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization /t4' � � C 7-y ,41" �✓ r ; Person in Charge of Activity w�Z.fcF �os� Address /2-c-gi Telephone 6rf - 334 " 6/ Date(s) of Use /4t ^ 3 —c-Y HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Appli nt C _6 /? /, 'se-� OrS Z��S Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application). 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization /tld%t�H4Vt Type of Organization PvLh-Q— In--e/' (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of "sales Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 9 Date City of National City COUNCIL AGENDA STATEMENT MEETING DATE: October 5, 2004 AGENDA ITEM NO. 23 ! ITEM TITLE: MINUTE ACTION: A''ROVING THE INITIATION OF A GENERAL PLAN AMENDMENT FOR THE DOWNTSPECIFIC PLAN PREPARED BY: Benjamin Martine Executive Directo EXPLANATION: rx. DEPARTMENT Community Development Commission On July 1, 2003, the Community Development Commission of the City of National City approved the preparation of the Downtown Specific Plan to facilitate the redevelopment of the downtown area. As part of the adoption process for the Specific Plan, the Community Development Commission shall prepare and process a General Plan Amendment to change the land use designations within the subject area in order to accommodate the proposed densities under the Downtown Specific Plan. Pursuant to Section 18.112.020 (Initiation) of the National City Land Use Code, amendments may be initiated by a Minute Action of the City Council. Environmental Review X N/A Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. • ♦ 1 STAFF RECOMMENDATION Approve above -subject Minute Action BOARD/COMMISSION RECOMMENDATION N/A ♦ ATTACHMENTS (Listed Below) None Resolution No. City of National City COUNCIL AGENDA STATEMENT AllEETING DATE: October 5, 2004 AGENDA ITEM NO. 24 / ITEM TITLE: MINUTE ACTION: APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT FOR THE OPEN SPACASEMENT LOCATED WITHIN THE SWEETWATER RIVER REGIONAL PARK FOR THE Di/ ELOPMENT OF THE PROPOSED COSTCO WHOLE- SALE AND RETAIL STORE PREPARED BY: Benjamin Martinez Executive Director EXPLANATION: off DEPARTMENT Community Development Commission On May 4, 2004, the Parking Authority of the City of National City adopted Resolution No. 2004-02 approving an Option to Purchase Agreement with the County of San Diego for the purchase of a 15.08 acre Open Space Easement located on Sweetwater Road in National City. Under the terms of this Agreement, in order to complete the transaction, the City of National City shall prepare and process a General Plan Amendment to change the land use designation of the subject property from Open Space to Commercial. Pursuant to Section 18.112.020 (Initiation) of the National City Land Use Code, amendments may be initiated by a Minute Action of the City Council. r Environmental Review X N/A Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. s STAFF RECOMMENDATION Approve above -subject Minute Action BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) None Resolution No. City of National City, California COUNCIL AGENDA STATEMENT ,1EETING DATE October 5, 2004 AGENDA ITEM NO. 25 i-ITEMTITLE REGULATION AND LICENSING OF PARATRANSIT VEHICLES, INCLUDING JITNEYS, CHARTER VEHICLES, LOW SPEED VEHICLES AND NON -EMERGENCY MEDICAL VEHICLES PREPARED BY EXPLANATION George H. Eiser, III )4 DEPARTMENT City Attorney EXT. 4221 At the September 7, 2004 workshop meeting, the City Council made a decision to have the licensing and regulation of taxicabs returned to the City from MTDB. At the September 21 Council meeting, the Council authorized the extension of the agreement with MTDB until October 31, 2004, to provide a period of transition for the change. Under the current agreement with the City, MTDB regulates and licenses paratransit vehicles in addition to taxicabs. "Paratransit vehicles" include jitneys, charter vehicles, low speed vehicles and non -emergency medical vehicles. In discussions between City and MTDB staff to facilitate the transfer of functions, the question has arisen as to whether it was the City Council's intention to have regulation and licensing of paratransit vehicles, as well as taxicabs, transferred to the City. Direction from the City Council is requested on this issue. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (Rev. 7/03) ITEM #26 WRITTEN COMMUNICATIONS 10/5/04 NATIONAL • CITY *TRANSIT _MONTHLY REPORT August, 2004 Technology 1. Wincal Technology Corp. conducted a system evaluation of our bus video taping equipment and central docking station performance. NCT wiii upgrade our system equipment and software including the capabilities for sharing our information on the existing NC network server. This work should be completed by the end of November or•early December. 2. NCT is still in the process of evaluating the GFI fareboxes on our sixteen NCT vehicle fleet. The goal is to determine if it will be cost effective to upgrade them from the present DOS system to a Windows based software or await the new "Odyssey" -fareboxes recently installed on the NCTD vehicles as part of the MTS system upgrade. 3. The joint NC -IT department —NTproACct for community y messaging via electronic kiosks is currently in the research phase with goal of procurement during 2004. Ridership: 1. Ridership : Passengers per mi. Passengers per hr. Revenue miles: Revenue Hours: Road Calls Accidents AUG 03 148,533 3.88 41.64 38,251 3,567 *Refer to graphs JULY 04 AUG 04 132.720 3.17 37.12 41,809 3,575 for above data*) 138,694 3.17 37.93 43,776 3 �7 J,6J I 02 12 07 0 04 01 Lift deployments N/A 552 576 Our on -time performance in July was 89.7% Route Development & Marketing: NCT is in the procurement phase for two (2) concession style trailers with an anticipated. delivery date of early December 2004. These trailers will be used primarily for ridership development and dispersal ofNCT/1TTS system information at various locations such as the Euclid and 74ch Street trolley stations and Plaza Bonita. They will also be available to NC Departments and non-profit organizations on a first come first serve loan basis. 522 West 8th 5 National Citb, California 91950-1004 < (519) 474-7505 Fax (519) 474-2058 icDonaid Transit Associates, Inc.. Contract Operator for NCT NCT is in the process of evaluating and developing plans for our vehicle and bus shelter advertising and conducting a thorough inventory of existing bus stops for possible future passenger amenity improvements. Bus shelters: NCT is in the process of purchasing ten (10) bus shelters as part of a urger purchase by Chula Vista Transit. This process is still hi the procurement stage due to some unexpected problems but still moving forward, albeit at a slower pace than desired. Ten benches have been ordered with a 4- 6 week anticipated delivery. These shelters and benches are dedicated for placement near Senior and elderly Centers along our three routes. Employee Training: On Saturday, August 28th and Sunday, August 29th all NCT employees received mandatory training from an instructor provided by the National Transit Institute. (NTI). The course was entitled "System Security Awareness for Transit Employees" and consisted of a four (4) presentation. It provided education in the area of recognition of suspicious activities, packages, devices and substances and more importantly how to minimize potential harm to our employees and the public. This training was also offered to National City employees and five from the NC Dept. of Public Works attended. It was paid for from a grant through the US Dept. of Transportation and Federal Transit Administration (FTA) and without a fee being charged to either NCT or the City. Administration: NCT participates and is a. member of many standing committees at MTDB and SANDAG such as the Regional Transit Management Committee (RTMC), Transit Services and Facilities Committee (TSFC), Operators Advisory Committee (OAC), and Accessible Services Advisory Committee (ASAC). The General manager or NCT staff directly participates on the NC Chamber of Commerce Community Promotions, Military Affairs, and Public Safety Committees. And the General Manager has accepted an appointment to serve on the NC Chamber of Commerce Board of Directors to fill a vacancy through December 31, 2005. NCT is also committed to working with the National City Community and residents through direct participation in Community projects and organizations as volunteers or sponsors. NCT is also willing to evaluate, and assist whenever possible to help meet the transportation needs of NC departments and organizations on a ease -by -case basis for special or annual events. Submitted: September 14, 2004 'Via' s ohn P. Webster Sr. Vice President -General Manager National City Transit Jul-03 ■Aug-03 ❑ Sep-03 ❑ Oct-03 ■ Nov-03 ® Dec-03 ■ Jan-04 ❑ Feb-04 ■ Mar-04 ■Apr-04 ❑ May-04 ® Jun-04 ■ Jul-04 ■Aug-04 160,000 156,000 152,000 148,000 144,000 140,000 136,000 132,000 128,000 124,000 Total Ridership