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HomeMy WebLinkAbout2004 11-16 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — November 16, 2004 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager any matter that you desire the City Council to consider. We thank you for your presence and wish you to know that we appreciate your involvement. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council action must be brought back on a subsequent Council Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. /7- 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 11/16/04 PAGE 2 PRESENTATIONS Employee of the Month Program — Lilia Munoz PROCLAMATIONS Proclaiming Friday, November 19, 2004 as: MEBRAHTOM "MEB" KEFLEZIGHI DAY Proclaiming November 17, 2004 as: "ROBERT GRIEGO DAY" INTERVIEWS/APPOINTMENTS Reappointment of Port Commissioner, Jess Van Deventer 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 regular City Council meeting of October 19, 2004. 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution approving a 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) (Planning) 4. Resolution accepting the lowest, responsive, responsible bids, for equipment to outfit the new fire truck and splitting the award between LN Curtis and KME Fire, for a total award of $16,923.97. (Purchasing) COUNCIL AGENDA 11/16/04 PAGE 3 CONSENT CALENDAR (Cont.) 5. Resolution of the City of National City authorizing the Mayor to approve Contract Change Order No. 1 in the amount of $1,158.85, accept the work and authorize the filing of a Notice of Completion for the Division Street and "R" Avenue Traffic Signal Installation. (Public Works/Engineering) 6. Resolution of the City Council of National City awarding a contract to HCI, Inc. in the amount of $73,247 for fiber optic connection from City Hall to the new fire station. (Public Works/Engineering) 7. Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc. in the amount of $78,400 for miscellaneous concrete improvements including curbs, gutters, sidewalks and pedestrian ramps at various locations. (Public Works/Engineering) 8. Resolution authorizing the Mayor to execute an Agreement with D-Max Engineering Inc. in the amount of $188,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) permit requirements. (Public Works/Engineering) 9. Resolution of the City Council authorizing the Mayor to execute a Mills Act Historic Preservation contract for 916 A Avenue. (Applicant: Jeannette Salazar. (Case File M-2003-1) (Planning) 10. Resolution of the City Council authorizing the Mayor to execute a Mills Act Historic Preservation contract for 928 A Avenue. (Applicant: Jeannette Salazar) (Case File M-2003-2) (Planning) 11. Resolution of the City Council amending Resolution 2002-4 to authorize access to sales and use tax records to Municipal Auditing Services and authorized employee positions within the City pursuant to Revenue and Taxation Code Section 7056. (Finance) 12. WARRANT REGISTER NO. 15 (Finance) Ratification of Demands in the amount of $964,831.21. COUNCIL AGENDA 11/16/04 PAGE 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER NO. 16 (Finance) Ratification of Demands in the amount of $937,369.41. 14. WARRANT REGISTER NO. 17 (Finance) Ratification of Demand in the amount of $1,182,487.55. 15. Claim for Damages: George Moises Ramos (City Clerk) 16. Claim for Damages: Miguel Garcia (City Clerk) 17. Claim for Damages: Corina Y. Lopez (City Clerk) 18. Claim for Damages: Jamila Y. Childs (City Clerk) PUBLIC HEARINGS 19. Public Hearing — Reallocation of Community Development Block Grant Funds. (Community Development Commission) **Refer to Item #24 20. Public Hearing — Tentative Subdivision Map to create commercial condominium ownership of an existing medical office complex at 2340 E. 8th Street. (Applicant: Michael O'Leary) (Case File No.: S-2004-9) (Planning) 21. Public Hearing — Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue. (Applicant: Weststone Management Consultants) (Case File No.: CUP- 2004-5/S-2004-4) (Planning) 22. Public Hearing — Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) **Refer to Item #23 COUNCIL AGENDA 11/16/04 PAGE 5 NON CONSENT RESOLUTIONS 23. Resolution of the City Council approving the Specific Plan for residential, commercial and mixed -use development in downtown National City and related amendment to the General Plan. (Community Development Commission) **Refer to Item #22 24. Resolution of the City Council of the City of National City approving a reallocation of Community Development Block Grant Funds. (Community Development Commission) **Refer to Item #19 25. Resolution authorizing the transfer of $13,000 from the general fund designated for contingencies (Account # 001-2411) for the International Fair and Parade (Account # 001-409-000-650-9012) (Community Services) 26. Resolution of the City Council of National City allocating $275,000 for the remodel of the City Hall second floor front lobby area, the Human Resources office area, and the Engineering Department office area; awarding a contract to Randall Construction in the amount of $114,254 of the allocated funds for the remodel improvements; approving the purchase of approximately $110,000 in modular furniture from Office Pavilion using the allocated funds; and approving the expenditure of approximately $13,000 using the allocated funds to Nexus for the relocation of the telephone and computer switchgear currently in the Human Resource office area. (Public Works/Engineering) 27. 800 Mhz Citywide Radio System: Final approvals of acquisition and financial documents agreements. (Police) A. Resolution of the City Council of the City of National City authorizing the Mayor to execute the participating agency agreement for the San Diego -Imperial County Regional Communication System. (Police) B. Resolution of the City Council of the City of National City authorizing a sole source purchase of an 800 MHz Citywide radio system from Motorola, Inc. (Police) C. Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with the County of San Diego to pay for the costs of the City's partnership in the San Diego -Imperial County Regional Communication System. (Police) COUNCIL AGENDA 11/16/04 PAGE 6 NON CONSENT RESOLUTIONS (Cont.) D. Resolution of the City Council of the City of National City authorizing the Mayor to execute a fixed rate equipment lease/purchase agreement with Zions First National Bank for the acquisition of an 800 MHz citywide radio system from Motorola, Inc. (Police) 28. Amended Resolution approving National City's application for grant funds in the amount of $502,000 for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 - Proposition 12 (Community Services) 29. Amended Resolution approving National City's application for grant funds in the amount of $161,305 for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 — Proposition 12. (Community Service) 30. Resolution approving National City's application for grant funds in the amount of $256,000 for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 — Proposition 40. (Community Service) 31. Resolution approving National City's application for grant funds in the amount of $157,327 for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 — Proposition 40. (Community Services) ORDINANCE FOR INTRODUCTION 32. An Ordinance of the City Council of the City of National City amending Title 11 of the National City Municipal Code by repealing and reenacting Chapter 11.70 providing for the licensing and regulation of transportation services within the City by the adoption of a uniform transit system. (City Attorney) COUNCIL AGENDA 11/16/04 PAGE 7 ORDINANCES FOR ADOPTION 33. An interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an urgency measure extending a moratorium on the establishment of check cashing businesses and payday advance businesses in National City for one year. (City Attorney) 34. An Ordinance of the City Council of the City of National City amending Title 10 of the National City Municipal Code by amending Chapter 10.19 pertaining to seizure and forfeiture of public nuisance vehicles. (City Attorney) NEW BUSINESS 35. Approving the initiation of a General Plan Amendment for the property located at 1125 Division Street for the development of the Fig Court Housing Project. (Community Development Commission) 36. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communications facility in the shopping center at the northwest corner of Division Street and Euclid Avenue. (Applicant: Delta Groups Engineering, Inc. for Sprint PCS) (Case File CUP-2004-6) (Planning) 37. Notice of Decision — Planning Commission approval of a Conditional Use Permit for an adult day support center at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite "H". (Applicant: Gloria L. Revilla) (Case File CUP-2004- 20) (Planning) 38. Temporary Use Permit — National City Police Department/Regional Law Enforcement Agencies-14th Annual Law Enforcement Teddy Bear Drive on December 14, 2004 at Westfield Shopping Town Plaza Bonita from 7 to10 am. (Building & Safety) 39. Temporary Use Permit — Bethel Church — Toys for Joy on December 10, 2004 at 1200 East 8th Street. (Building & Safety) COUNCIL AGENDA 11/16/04 PAGE 8 WRITTEN COMMUNICATIONS STAFF MAYOR AND CITY COUNCIL CLOSED SESSIONS Conference with Labor Negotiators City designated representatives: Steve Berliner, Alfredo Lopez, Ryan Hyland, Don Condon Employee organization: National City Firefighters' Association Conference with Legal Counsel -Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9 (c) (One potential case) Next Regular City Council Meeting — Tuesday — December 7, 2004 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City Human Resources Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM November 2, 2004 TO Chris Zapata, City Manager FROM Alfredo J. Lopez III, Director of Human Resources SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In so doing, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the work environment and community. The employee selected by the Human Resources Department to be recognized for the month of November 2004 is Lilia Munoz, Executive Assistant ll (nomination attached). Ms. Munoz has been invited to attend the Council meeting on Tuesday, November 16, 2004, to be recognized for her achievements and service. Attachment (1) xc: Department Director Lilia Munoz Councilmember Natividad Special Asst to the Mayor James Slade, MEA President AJL:Im Performance Recognition Program (2) ® Recycled Paper Olt City of National City Performance Recognition Award Nomination Form The Human Resources Department nominates Lilia Munoz for the Performance Recognition Award for the following reasons: Lilia has been a dedicated employee and a valuable member of the Human Resources Team since joining our organization in February of 1990. In her role as Executive Assistant she has provided outstanding professional level support to the HR Department, the public, our consultants, and all City staff. Lilia's experience and thorough knowledge of HR operations has proven invaluable during several recent HR personnel transitions. During a period of time when HR was under the leadership of an Interim Director, Lilia assisted in educating the Interim Director on the many procedures of the department, while also ensuring that the department continued functioning with a high level of customer service. More recently, upon my arrival in National City Lilia once again assisted me on the many processes that HR oversees, while at the same time maintaining high levels of customer service. With the large number of recruitments and new initiatives HR has recently undertaken, Lilia's ability to keep the department running effectively in this dynamic environment has been extremely valuable. Lilia is the first person the public encounters upon their arrival and is always pleasant and accommodating -- no matter what the needs of our customers may be. In addition, external and internal customers are very pleased with her service, and this has made Lilia one of the most respected and well -liked employees in our organization. In addition to her dedication to HR, Lilia and her husband, have shown a commitment to the community as well. For example, they participated in the City sponsored Chili Cook -off, where a reportedly very hot and spicy chili was a crowd favorite. Lilia also grew up in National City, attending elementary through high school here, and we hope to continue the good fortune of calling her a National City colleague for many years to come. Please join me in congratulations Lilia on her nomination, as the Employee of the Month for November 2004. Nominated by: Hum Signature: NC PersDept Form 200 FORWARD COMPLETED NOMINATIONS TO: National City Performance Recognition Program Human Resources Director sources Department Director, Alfred Lppez Date: •h. `'—.t�`/'kt� ; •l9 .7-4 -*. h'��m'c f-'fi *'. /—�= '�¢7—'�� `� .-�'rri x� . .—u, }i.a s� i-' t /-�so_ ^ (�. '`J� y-o.....�„ proclamation WHEREAS, Mebrahtom "Meb" Keflezighi a naturalized U.S. citizen, who emigrated with his family from the small African nation of Eritrea at age 10 is one of the world's most talented and celebrated runners; and WHEREAS, for many San Diegans, his road to fame began at San Diego High as we watched him mature into a great high school runner; and WHEREAS, Meb started to break all kinds of high school records in both track and cross county and from offers from many universities, Meb chose UCLA, where he earned the title as "The Greatest Distance Runner in UCLA History"; and WHEREAS, Meb whose Athens Silver medal was the first medal of any color won by an American man in Olympic Marathon since Frank Shorter's silver medal in 1976; and WHEREAS, a four -time NCAA champion at UCLA, Keflezighi won outdoor 5000 and 10,000 indoor 5000, and cross-country titles in 1997, the first runner to win both events in the same season in more than -a decade. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Friday, November 19, 2004 as: MEBRAHTOM "MEB" KEFLEZIGHI DAY We call upon all citizens of National City to honor "Meb" Keflezighi, USA 2004 Silver Medal Olympic Winner- Athens Greece Marathon. Nick Inzunza Mayor Frank Parra Vic ati cil ,2,.nber Ron Morrison Councilrnember F dues Ungab Councilmember ilXaCXaItYattIIn WHEREAS, Robert Griego has served the Sweetwater Union High School District as a trustee since 1992 with selfless leadership, exceptional dedication and unwavering commitment to the more than 81,000 students annually enrolled in grades 7 through 12 and adult education; and WHEREAS, Mr. Griego has served as president, vice president and clerk of the Sweetwater Board of Trustees; and WHEREAS, with three decades in public service, Mr. Griego brought considerable management expertise to the district and a wealth of knowledge from his senior -level public administration positions in city and county governments; and WHEREAS, as founding president of the Mariachi Scholarship Foundation, Mr. Griego has provided more than $60,000 in scholarship funds to Sweetwater District and Southwestern College students; and WHEREAS, his thoughtful leadership helped bring culturally enriched music -; education to thousands of students who were not drawn to traditional music programs; l and WHEREAS, Mr. Griego has made a positive difference in the lives of students and community, THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim this 17th day of November as: ROBERT GRIEGO DAY We call upon all citizens of National City to recognize Robert Griego for his dedication and service to the students and communities of our district. d ber c nzunza Mayor RonMorrison Councilmember Fideles Ungab '' Ccaneilmember • ITEM # 1 11/16/04 APPOVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF OCTOBER 19, 2004. ITEM #2 11/16/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 3 AGENDA ITEM NO. ITEM TITLE Resolution Approving a 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) PREPARED BY Roger Post3 4310 DEPARTMENT planning EXT. EXPLANATION The City Council voted to approve this item at the October 19, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 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 City Council of the City of National City considered a Variance application for a reduced front yard setback for an addition to a single-family residence at 304 East 27th Street, at the regularly scheduled City Council meeting of October 5, 2004, and continued to the meeting of October 19, 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 No. Z-2004-7 and which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on October 5, 2004, and continued to October 19, 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 minorencroachment 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 goveming the parcel of property, since single-family residential development is permitted in the RS-3-PD Zone. Resolution No. 2004 — November 16, 2004 Page Two BE IT FURTHER RESOLVED that the application 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 July 1, 2004. 2. Plans must comply with the 2001 editions of the Califomia Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 3. A two -car garage, as well as a third, covered parking space (i.e., carport) 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 calendar 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 San Diego 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 National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2004 — November 16, 2004 Page Three 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 govemed by the provisions of Code of Civil Procedure section 1094.6. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 16, 2004 AGENDA ITEM NO. 4 ITEM TITLE Resolution accepting the lowest, responsive, responsible bids, for equipment to outfit the new fire truck, and splitting the award between LN Curtis and KME Fire, for a total award of $16,923.97. PREPARED BY 4:0DEPARTMENT Brenda E. Hodges (619)336-4570 Purchasing EXPLANATION See attached. Environmental Review N/A Financial Statement Approved By: Finance Director 301-412-125-355-0000 Account No. STAFF RECOMMENDATION Split the award between LN Curtis and KME Fire as recommended, and authorize the Purchasing Agent to issue the resulting purchase orders. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below Explanation Bid Abstract Resolution } Resolution No. A-200 )9 99) Explanation: Request for Bid #GS0405-1 was issued for equipment to outfit the new Fire Truck. Bids were mailed to nine (9) vendors, netting four (4) responses, two of which were `no bid'. Bids were opened and read publicly on October 29, 2004 with no vendors present for the opening. The bid specifications stated that vendors were to bid the products specified, and that no substitutes would be accepted due to product compatibility, maintenance and training issues. Of the two viable bids received, both vendors proposed `alternate products' on several of the items. As stated in the bid document, the award could be made to the overall low bidder, or split amongst the bidders. Splitting the award, allowed the award of products that met the specifications, and also saved the City money. Total bid received from LN Curtis: $18,438.00 Total bid received from KME Fire: $18,926.51 Total award made possible by splitting the award between the two: $16,923.97 Of the 71 items on the bid, ten (10) items will not be awarded since none of them met the required specifications. These items will be re -bid at a later date. The value of these items is estimated to be under $1000.00. Even after the award of these miscellaneous items, the total award will be Tess than awarding to the overall low bidder. Recommended award: LN Curtis: 49 items, at $11,406.77 KME Fire: 12 items, at $5,517.20 Total: 61 items, at $16,923.97 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING TWO RESPONSIVE, RESPONSIBLE BIDS FOR EQUIPMENT TO OUTFIT THE NEW FIRE TRUCK, AND SPLITTING THE AWARD BETWEEN LN CURTIS AND KME FIRE, FOR A TOTAL AWARD OF $16,923.97 WHEREAS, the Purchasing Department of the City of National City did, in open session on October 29, 2004, publicly open, examine and declare all sealed bids for equipment to outfit the new fire truck; and WHEREAS, splitting the bid between two vendors allows the City to purchase products that meet the City's specifications, and the award of $16,923.97 will be Tess than awarding to the overall lowest bidder. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for equipment to outfit the new fire truck to two responsive, responsible bidders, to wit: LN CURTIS and KME FIRE BE IT FURTHER RESOLVED that the City Council hereby authorizes the Purchasing Agent to execute purchase orders on behalf of the City with LN Curtis and KME Fire for equipment to outfit the new fire truck for a total award of $16,923.97. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 11/1/2004 BID ABSTRACT #GS0405-1 1% LOCAL TAX PAYMENT TOTAL ADJUST. TERMS NET COST TOTAL BIDDER'S LIST BID BIl D*.01) (BID-%) TO CITY AWARD LN Curtis $18,438.00 $0.00 $0.00 $18,438.00 $11,406.77 Oakland, CA Net 30 KME Fire $18,926.51 $0.00 $0.00 $18,926.51 $5,517.20 Ontario, CA Net 30 Haaker Fire Equipment No Bid LaVerne, CA Total Fire No Bid Dayton, OH Wildfire Pacific Bid retumed Seattle, WA address unknown All Star Fire Equipment No Response Arcadia, CA Fire Etc. No Response San Diego, CA Firemaster No Response Glendale, CA Special T Fire Equipment No Response San Francisco, CA City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 IEETING DATE AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City authorizing the Mayor to approve Contract Change Order No. 1 in the amount of $1,158.85, accept the work and authorize the filing of a Notice of Completion for the Division Street and "R" Avenue Traffic Signal Installation PREPARED BY Alberto Griego EXPLANATION 336-4386 DEPARTMENT See attached Public Works/Engineering ( Environmental Review X N/A Financial Statement The total cost of the project is $101,110.85 for construction. Finance Director -i rrrz-. $125,000.00 was budgeted for this project in Account Nos. 109-409-500-598-6560, 109-409-500-598-6559, 109- 409-500-598-6558 Approved By: Account No. STAFF RECOMMENDATION Adopt the Resolution. V"t BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Notice of Completion Resolution No. hms A-200 (9 99) EXPLANATION By Resolution No. 2003-155 The City Council of the City of National City awarded a contract in the amount of $99,952 to HMS .Construction Inc., for the Division Street and R Avenue Traffic Signal Improvements. Contract Change Order No. 1 was done to include stripping of a new stop bar and changing the stripping material to thermo plastic paint, which is longer lasting to road wear and weather, instead of normal stripping paint. This was due to an error in the original plan. A final inspection was completed and the work was found to be in accordance with the plans and specification. Therefore we recommend the approval of Contract Change Order Number 1, the acceptance of the work and the filing of a notice of completion for the Division Street and R Avenue Traffic Signal Installation. The current project cost of $99,952 is increased by $1,158.85 by this change order, to a final cost of $101,110.85. RESOLUTION 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 1 IN THE AMOUNT OF $1,158.85, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE DIVISION STREET AND "R" AVENUE TRAFFIC SIGNAL IMPROVEMENTS PROJECT (Engineering Specification No. 02-1) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by HMS CONSTRUCTION, INC., Engineering Department Specification No. 02-1, for the Traffic Signal Improvements Project on Division Street and "R" Avenue has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Order No. 1 in the amount of $1,158.85 is hereby approved. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT CHANGE ORDER NO. 1 ORIGINAL DATE: August 31, 2004 PROJECT: Division Street and R Avenue Traffic Signal Installation, Specification No. 02-1 TO: Michael High, President HMS Construction, Inc. 1225 Linda Vista Drive San Marcos, CA 92069 DESCRIPTION OF CHANGE: This change order is written to increase the original bid quantities of line item 20. Original Contract Adjusted Contract No Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 1 Mobilization . _ 1 LS $800.00 $800.00 1 $800.00 $800.00 2 Traffic Control 1 LS $3,780.00 $3,780.00 1 $3,780.00 $3,780.00 3 - Install Traffic Detector Loops 31 EA $165.00 $5,115.00 31 $165.00 $5,115.00 _ Install Controller Unit 1 EA $475.00 $475.00 1 $475.00 $475.00 5 Install 2-inch Conduit 300 LF $11.00 $3,300.00 300 $11.00 $3,300.00 6 Install 3-inch Conduit 200 LF $13.20 $2,640.00 200 $13.20 $2,640.00 7 Insta11 4-inch Conduit 280 LF $17.20 $4,816.00 280 $17.20 $4,816.00 8 Install Type 5 Pull Boxes 12 EA $295.00 $3,540.00 12 $295.00 $3,540.00 9 Install Type 170E Controller 1 EA $11,900.00 $11,900.00 1 $11,900.00 $11,900.00 10 Install Type III Signal and Lighting Service Pedestal 1 LS $2,800.00 $2,800.00 1 $2,800.00 $2,800.00 11 Install Type 1-A (10') Pole as Specified on Plans 1 EA $2,801.00 $2,801.00 1 $2,801.00 $2,801.00 12 Install Type 1-A (10') Pole as Specified on Plans 1 EA $3,600.00 $3,600.00 1 $3,600.00 $3,600.00 13 Install Type 1-A (10') Pole as Specified on Plans 1 EA $3,600.00 $3,600.00 1 $3,600.00 $3,600.00 1 Install Type 26-4-80 1 EA $11,000.00 $11,000.00 1 $11,000.00 $11,000.00 Pole as Specified on Plans. Page 1 CONTRACT CHANGE ORDER N:O 1 t d C ntract Original Contract AdJus e o No Item Unit Bid Qty Unit Price Amount Adjusted Qty Unit Price Amount 15 Install Type 26-4-80 Pole as Specified on Plans. 1 EA $11,600.00 $11,600.00 1 $11,600.00 $11,600.00 16 Install Type 15 Pole 1 EA $3,850.00 $3,850.00 1 $3,850.00 $3,850.00 17 Install Emergency Vehicle Pre-Emption 1 _ LS $9,100.00 $9,100.00 1 $9,100.00 $9,100.00 18 Install Type I 2 EA $325.00 $650.00 2 $325.00 $650.00 19 Remove and Replace 3" of Asphalt on 8" 1750 SF $2.50 $4,375.00 1750 $2.50 $4,375.00 20 Traffic Striping 1 LS $8,000.00 $8,000.00 1 $9,158.85 $9,158.85 21 Remove and Replace 70 SF $7.00 $490.00 70 $7.00 $490.00 22 Install Street Name 2 EA $860.00 $1,720.00 2 $860.00 $1,720.00 TOTALS $99,952.00 $101,111 DISCUSSION: Line Item No. 20 is being added to the contract to provide compensation to the contractor for supplying extra stop bars needed for additional safety to pedestrians. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $1,158.85 from the current contract price of $99,952.00 to a new contract price of $101,110.85. 2. The contract time is increased by forty-one (41) working days. The contract completion date was previously established as Friday, June 30, 2004. The new contract completion date is therefore established as Friday, August 27, 2004. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above HMS Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 1P CONTRACT CHANGE ORDER NO. 1 RECOMMENDED FOR APPROVAL BY: Stephen M. Kirkpatrick Acting Director of Public Date Works/Engineering r. Michael High, P HMS Construction, Mr. Ronald Schneider, Vice President HMS Construction, Inc. 9-kg-"� Date -,Ro-oil Date Nick Inzunza, Mayor Date Page 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on November 16, 2004, of the DIVISION STREET ,AND "R" AVENUE TRAFFIC SIGNAL INSTAI,I,ATION, Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Division Street and "R" Avenue, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: City of National City Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with HMS CONSTRUCTION, INC. Name of Original Contractor The following work and material were supplied: Foreman, AC (finisher), Saw -Cutter, Operator and Laborers, Equipment. Bob Cat, Utility Trucks, Concrete Truck, and Crane General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2004; Signature of Owner Nick Inzunza, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2004, at , California. Signature: NICK INZUNZA, MAYOR FORMS/N00097-10 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 16, 2004 6 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City Council of National City awarding a contract to HCI, Inc., in the amount of $73,247 for Fiber Optic Connection from City Hall to the New Fire Station PREPARED BY Din Daneshfar EXPLANATION 336-4387 DEPARTMENT See attached explanation Public Works/Engineering ( Environmental Review X N/A Financial Statement The total amount for the work is estimated at $91,547. The funds are available in Account No. 250-409-500-598-1588. Approved By: L Fink'nce Director /g Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMM DATION N/A ATTACHMENTS Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9:99) Re: Resolution of the City Council of National City awarding a contract to HCI, Inc., in the amount of $73,247 for Fiber Optic Connection from City Hall to the New Fire Station The construction of the new fire station and library building structures is currently in progress. In order to provide an infrastructure system for communication between the new fire station, and the City Hall an under -ground conduit and fiber optic cable will be required: The proposed system consists of the installation of 1,430 linear feet of 2-inch conduit (trenched), 5,800 linear feet of 12-fiber cable, 5 pull boxes No. 6 and other pertinent work. The project also will tie the new library to City Hall through existing conduit. All of the work will be in accordance with the Specifications No. 04-4 and fiber optic drawings numbered 9002-D through 9004-D. On September 17, 2004, the project was advertised on the Local and Regional Newspapers. On October 12, 2004, three bids were received and opened for the project. Staff has reviewed the bid documents and found the lowest responsive bidder, HCI, Inc. to be qualified to perform the work. The total cost for the work is estimated at $91,547. This amount includes the proposed lowest bid amount ($73,247), approximately 10% ($7,300) for inspection, and approximately 15% ($11,000) for contingencies. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. A biography of HCI, Inc. is attached. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO HCI, INC. IN THE AMOUNT OF $73,247 FOR FIBER OPTIC CONNECTION FROM CITY HALL TO THE NEW FIRE STATION WHEREAS, the Engineering Department of the City of National City did, in open session on October 12, 2004, publicly open, examine and declare three sealed bids for fiber optic connection from the City Hall to the new fire station. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for fiber optic connection from the City Hall to the new fire station to the lowest responsive, responsible bidder, to wit: HCI, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between HCI, Inc. and the City of National City for fiber optic connection from City Hall to the new fire station. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 04-4 PROJECT TITLE: FIBRR OPTIOC CONNECTION FROM CITY HALT, TO FIRE STATION AND FROM CITYIIALL TO LIBRARY OPENING DATE: TUESDAY, OCTOBER 12, 2004 TIME: 3:00 P.M. ESTIMATE: $70,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 15) ADDENDA (PAGE 13) BID SECURITY GE 18-CHECK (PAGE 19 -BOND) 1 • HCI, INC. 3166 HORSELESS CARRIAGE DR. NORCO, CA 92860 $73,247.00 YES YES 2. HMS CONSTRUCTION, INC. 1225 LINDA VISTA DRIVE SAN MARCOS, CA 92078 $74,587.00 YES YES 3. AEC CONSTRUCTION P.O. BOX 601071 SAN DIEGO, CA 92160 $80,802.00 YES YES BID04• - Fiber Optic Connection from City Hall to Library Spec. No. 04-4 City Of National City 1243 National City Boulevard, National City, CA 91950 Progress Est. No. 10/13/04 Item HMS Construction Electrical & Gen . Eng'g AEC Construction Item Description HCI , Incorporated QTY UNIT Bonds and Insurance $ 5,000.00 $ 5,000.00 $ 2,600.00 $ 2,600.00 $ 7,000.00 $ 7,000.00 2,000.00 1 2 1 LS Mobilization, Control $ 2,000.00 $ 2,000.00 $ 3,700.00 $ 3,700.00 $ 2,000.00 $ 1 LS Traffic No. 6 Pull Box (with Extension) $ 1,250.00 $ 6,250.00 _ $ 550.00 $ 2,750.00 $ 400.00 $ 2,000.00 42,900.00 3 5 EA Install 2" Conduit. $ 25.00 $ 35,750.00 $ 27.00 $ 38,610.00 $ 30.00 $ 4 5 6 1430 5800 3 LF LF EA Install Install 12-Fiber SMFO Cable $ 3.49 $ 20,242.00 $ 2.34 $ 13,572.00 $ 3.00 $ 17,400.00 Furnish and Type "ST" $ 1,000.00 $ 3,000.00 $ 1,485.00 $ 4,455.00 $ 1,884.00 $ 5,652.00 Patch Panel Optic Testing and Documentation $ 505.00 $ 505.00 $ 6,900.00 $ 6,900.00 $ 1,850.00 $ 1,850.00 2,000.00 7 1 LS Fiber Water Protection Program Procedure $ 500.00_ $ 500.00 $ 2,000.00 $ 2,000.00 $ 2,000.00 $ 8 1 EA Storm _ - Total $ 73,247.00 $ 74,587.00 $ 80,802.00 Contractors License Number 378587 3166 Horseless Carriage Drive Norco, Ca 92860 (909) 520-4200 www.hci-inc.com ABOUT US... You can count on HCI, Inc.'s outside plant to provide state-of-the-art resources and unlimited capabili- ties in serving your requirements for telecommunications facilities installation, open trench construction, plowing, earthsaw, structural conduit placement, innerduct installation and maintenance. Where other contractors quit, HCI, Inc. perseveres by inventing new methods to ensure cost savings to its customers without sacrificing quality or completion deadlines. DIVISION OVERVIEW HCI, Inc. Security Integration Division is a security division focused on long-term customer satisfaction and retention. Our aim is to work with our customers through inception, implementation, completion and ongoing maintenance of a variety of security products and services. At our initial consultation meeting, your consultant will make a threat assessment of your facility. Based on your needs, we will design a customized system tailored to your facility and application. This will be selected from a variety of products as follows: Access Control: Computer driven control, replaces locks and gives you accountability of movement of personnel, and keeps non -personnel out. Readers, keypads, etc. Enhanced Access Control: Time and attendance, video badging, video imaging (corresponds a picture with a card), multi -location networked system. Closed Circuit Television: Cameras, monitors, switchers, VCRs. Enhanced CCTV: Digital video recorders, multiplexers, matrix, controlling systems, pan/tilt/zoom. Intrusion Detection: Basic burglar alarm and its peripheral components such as motion detectors, glass break detectors, door/window contacts, sirens, keypads, etc. Enhanced Intrusion: Wireless transmission backup, video verification. Fire Alarm: Basic fire detection and its peripheral components such as smoke detectors, heat detectors, manual pull stations, and bells. Enhanced Fire System: Evacuation system, horns, strobes, elevator recall, door release, fireman's phones, etc. Fire Sprinkler Monitoring: Monitoring of water flow and tamper switches. Consulting and Specification Writing: In the event that there is not a clear directive from the customer further assessment may be necessary to determine appropriate security. As your sole source provider of security, our goal is to maintain an ongoing relationship for years to come. Careful construction, proper management, and a high level of service will ensure your satisfaction. HCI specializes in this realm of customer service and is unrivaled in the industry. We look forward to serving your security needs. g 1n ergroun onstruction The Outside Plant division can meet your Engineering requirements. We have our own fully staffed Engineering group to help you design your project. The services that we offer are: • Right Of Way Research And Acquisition • Fiber Route Development • Project Management Services • Survey Services Available • OSP Engineers For On / Off Premise • Conduit Systems Designed For Copper, Fiber And Electric • Process All Types Of Permits New ideas and technology that help benefit customers from a "can -do" company. We have a willingness to accept challenging jobs large or small. What we do is install underground - cable, conduit, vaults, manholes, and CEV's - for communications and electric power companies. The division's activity involves anything from replacing a closure to building a 100 mile system. Our work ranges from the most complicated conduit structures in a metro- politan area to the relatively simple placement of a buried drop. Our company has sustained strong, lasting relationships with major communications companies such as Verizon and Pacific Bell. • • • • • • • HCI-Inc.'s construction crews are capable of performing, but not limited to the following: Installing Controlled Environmental Vaults or (CEV's) Wrecking out and rebuilding Telephone and Electrical manholes Installation of multi -duct runs Placing and tying into manholes Directional boring for cable or conduit placement Placing direct buried cable Maintenance and upgrades on existing systems Cable Plowing • BAKERSFIELD 7470 District Blvd, Bldg. E Bakersfield, CA 93313 Tel: (661)396-3790 Fax: (661)396-3793 BAKERSFIELD 9427 Shellabarger Rd Bakersfield, CA 93308 Tel: (661)588-1909 Fax: (661)588-1836 EL CENTRO 798 Industry Way El Centro, CA 93725 Tel: (760) 352-9790 Fax: (760)352-9907 FRESNO 4840 East Annadale Ave Fresno, CA 93725 Tel: (559)264-2682 Fax: (559)264-2357 HAYWARD 21024 Alexander Ct Hayward, CA 94545 Tel: (510)670-9900 Fax: (510)670-7865 NORCO Main Office 3166 Horseless Carriage Drive Norco, CA 92860 Tel: (909) 520-4200 Fax: (909)520-4300 SAN DIEGO 5555 Magnatron Blvd, Suite H San Diego, CA 92111 Tel: (858)571-8558 Fax: (858)571-8658 SAN FERNANDO 656 Arroyo Avenue San fernando, CA 91340 Tel: (818)361-9805 Fax: (818)361-9835 SAN MARCOS 280 Industrial Street San Marcos, CA 92069 Tel: (760)591-3419 Fax: (760)752-9856 SANTAANA 630 South Hathaway Street Santa Ana, CA92705 Tel: (714) 647-9765 Fax: (714)647-9776 VICTORVILLE 17105 Terra Linda Victorville,CA 92392 Tel: (760)951-9995 Fax: (760)951-3882 WHITTIER 8205 South Sorensen Ave Whittier, CA90606 Tel: (714)558-2730 Fax: (714)558-2725 a City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE November 16, 2004 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $78,400 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations PREPARED BY Din Daneshfar DEPARTMENT EXPLANATION 336-4387 See attached explanation Public Works/Engineering ( Environmental Review x N/A 1-Financial Statement Approved By: 641.(J The total estimated amount for the work is $101,800. Director The funds are available in Account Nos. 109-409-500-598-6134 ($50,000), and 109-409-5 0-598-6137 Account No. ($51,800). STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECO N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. BidOpening Information Sheet 3. Bid Proposal Spreadsheet for the two lowest bidders A-200 9s9) Re: Resolution of the City Council of National City awarding a contract to Portillo Concrete, Inc., in the amount of $78,400 for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations The project involves the removal and replacement of the existing curb and gutter (20- LF), sidewalk (220-SF), and installation of new concrete sidewalks (2300-SF), and pedestrian ramps (26-EA), including minor pavement repairs, at various locations in National City. On October 5, 2004, the project was advertised on the Local and Regional Newspapers. On October 26, 2004, two bids were received and opened for the project. Staff has reviewed the bid documents and found the lowest responsive bidder, Portillo Concrete, Inc. to be qualified to perform the work. The total cost for the work is estimated at $101,800. This amount includes the proposed lowest bid amount ($78,400), approximately 10% ($7,800) for surveying, approximately 10% ($7,800) for inspection, and approximately 10% ($7,800) for contingencies. The Bid Opening Information Sheet and the cost proposals for the two low bidders are attached .for further review. A biography of Portillo Concrete, Inc., is attached. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $78,400 FOR MISCELLANEOUS CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS WHEREAS, the Engineering Department of the City of National City did, in open session on October 26, 2004, publicly open, examine and declare two sealed bids for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Portillo Concrete, Inc. and the City of National City for miscellaneous concrete improvements including curbs, gutters, sidewalks, and pedestrian ramps at various locations. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 04-7 PROJECT TITLE: 1VITSCELI,ANFOIIS CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 2004-2005 OPENING DATE: TUESDAY, OCTOBER 26, 2004 TIME: 3:30 P.M. ESTIMATE: BASE BID $80,000 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 13) BID AMOUNT (PAGE 14) ADDENDA (PAGE 13) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. Portillo Concrete, Inc. 3528 Harris Street Lemon Grove, Ca 91945 $78,400.00 N/A 2. Kock Armstrong General Eng. Inc. 9709 Airport Vista Road Santee, CA 92040 $85,012.00 N/A Misc. Concrete Improvements at various locations in National City CITY OF NATIONAL CITY Spec. 04-7 Item QTY UNIT Item Description 1 2 3 4 5 6 7 8 9 10 11 1 220 11 4 1 10 20 44 1 2300 10 LS SF EA EA EA EA LF TN LS SF TN Clearing & Grubbing including Storm Pollution Prevention Conc. Sidewalk Remove&Replace per G7 Install Ped Ramp per G28, TypeA-1 or Mod. Install Ped Ramp per G29, or Mod. Install Ped Ramp per G-29 (Modified & Bigger) See Sheet 8 & Grid 30 Install Ped Ramp per G31 or Mod. 6" or 8" Type "G" Curb&Gutter Removal & Replacement per G-2 Variable Thickness A.C. Traffic Control Install new Sidewalk per G-7 Crushed Misc. Base $ 5,000.00 $ PORTILLO CONCRETE KOCK ARMSTRONG Unit Cost Total Cost Unit Cost Total Cost $ 3,110.00 10.00 $ 1,500.00 $ 1,500.00 $ 4,400.00 $ 1,500.00 $ 50.00 $ 100.00 $ 4,500.00 $ 8.00 $ 100.00 $ 5,000.00 $ 2,200.00 $ 16,500.00 $ 6,000.00 $ 4,400.00 $ 15,000.00 $ 1,000.00 $ 4,400.00 $ 4,500.00 $ 18,400.00 $ 1,000.00 $ 78,400.00 Prepared by: $ 3,110.00 14.00 $ 1,760.00 $ 1,840.00 $ 2,700.00 $ 1,500.00 $ 47.00 $ 196.00 $ 4,540.00 $ 8.36 $ 107.00 3,080.00 $ 19,360.00 -$ 7,360.00 2,700.00 $ 15,000.00 $ 940.00 $ $ 8,624.00 $ 4,540.00 $ 19,228.00 $ 1,070.00 $ 85,012.00 Progress Est. No. 10128/04 Nov 02 04 02:31p Portillo Concrete (619) 466 - 4685 p. 2 PORTILLO CONCRETE, INC. State Lie. No. #680144 (A/B/C-8) Exp. 10/31/06 3528 Harris St. Lemon Grove, Ca. 91945 Office (619) 466-4639 Fax (619) 466-4685 November 2, 2004 To: City of National City From: Portillo Concrete, Inc_ Subject: Company Biography Portillo Concrete Inc. was established in October 1994 by Mario Portillo (who is now the President and CEO) as a sole proprietorship working on small city projects and small commercial developments. The company was incorporated in July, 2000, with the current President and CEO, and Tina. Portillo as Secretary and CFO. The company is currently bonded with Insurance Company of the West, with a bonding limit of 2 million dollars. We are currently working directly for the City of Chula Vista, City of National City, City of San Diego, Escondido Union High School District, Sweetwater Union High School District, and San Diego Unified School District. We have recently completed projects with the City of Escondido, City of San Diego, City of National City, Chula Vista Elementary School District, and Sweetwater Union High School District. Our primary focus of work is the removal and replacement of concrete„ as well as the rehabilitation of concrete flatwork with various school districts_ We pride ourselves with the fact that we do the majority of the work in house with our own forces. We do our own sawcutting, demolition, trucking, concrete delivery and pumping. Mario Portillo, President City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 16, 2004 8 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering Inc., in the amount of $188,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering 336 4387 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement Approved By: v' i ce Director This agreement is for contract cost with a "Not to Exceed" amount of $188,000. %— Funds are available in Account Nos.125-422-222-299 ($175,000) and 001-422-000-299 ($13,000). Account No. STAFF RECOMMENDATION Adopt the Resolution. M I BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. 2. Proposed Agreement Form (3 original copies) A-200 (9:99) RE: Resolution authorizing the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $188,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) permit No. CAS107758, Order 2001-01, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the City is committed continually to implement its efforts in various aspects of this program in order to maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. Due to the special engineering and environmental requirements of the NPDES permit, staff has recommended that the major portion of the work be performed by a professional consulting firm. In 2003, the City requested Statement of Qualifications from the professional consulting firms to provide engineering and environmental services for implementation of the City's NPDES permit program. The City's Selection Committee found D-Max Engineering Inc. to be qualified through its regular selection process. On November 11, 2003, by the City Council Resolution No. 2003-154 a contract agreement was executed between the City and D-Max Engineering for the implementation of the NPDES program and preparation of the City's JURMP. The current contract will be completed on November 15, 2004. During the current contract period, D-Max Engineering has provided qualify work and implemented the City's NPDES program as scheduled in a professional manner. D-Max. Engineering is familiar with the City's NPDES program, storm drain system, and the State Permit requirements. Therefore, staff is recommending D-Max Engineering to continue providing as needed NPDES services. The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for this program, and includes the following tasks: • Coordinate the program • Update the City's Jurisdictional Urban Runoff Management Program (JURMP). • Continue developing Data Management. • Assist the City to Comply with its Inspections Program. • Implement Standard Urban Runoff Mitigation Plan (SUSMP). • Implement Dry Weather Analytical Monitoring and Field Screening. • Prepare JURMP Annual Report. • Develop Assessment of Program Effectiveness. • Implement Watershed Urban Runoff Management Programs. • Perform Training and Education. • Provide other related Storm Water Quality Services D-Max Engineering has proposed a plan, outlined in Exhibit "A", to implement this year's program. The work can be accomplished through a new contract agreement. The final scope of work is attached as part of agreement that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $188,000. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., IN THE AMOUNT OF $188,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS WHEREAS, the City desires to employ a contractor to continue providing the City with engineering and environmental services and to assist implementing National Pollutant Discharge Elimination System (NPDES) Permit Requirements; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $188,000 in order to continue providing the City with engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 16th day of November, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to continue providing the City with the engineering and environmental services and to assist implementing National Pollutant Discharge Elimination System (NPDES) Permit Requirements, Order 2001-01. WHEREAS, the CITY has determined that the CONTRACTOR is a professional Engineering and Environmenal consulting firm, and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a . corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. Revised October 2003 3. PROJECT COORDINATION AND SUPERVISION. Din Daneshfar hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRA- CTOR. Arsalan Dadkhah thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are. set forth in Exhibit "C". 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Revised October 2003 Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. - 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to ;the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 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 3 Revised October 2003 represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The 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 4 Revised October 2003 shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to 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 5 Revised October 2003 of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree- ment. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to 6 Revised October 2003 settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the MA 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 7 Revised October 2003 chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Stephen M. Kirkpatrick Acting Director of Public Works/Egineering City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Arsalan Dadkhah Project Manager/Principal D-Max Engineering, Inc. 8380 Miiramar Mall, suite 222 San Diego, CA 92121 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. 8 Revised October 2003 A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. Exhibit A — Scope of Services Exhibit B — Cost Summary Exhibit C — Program 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 agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 9 Revised October 2003 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. (Two signatures required for a corporation) By: Nick Inzunza, Mayor By: (Name) Xicsm/ayl APPROVED AS TO FORM: George H. Eiser, III City Attorney (Title) By: £ 6�%� 1.04 i � (Name) �/Y84. t 7�� �t i,-4 (Title) 10 Revised October 2003 FROM D—FTh ENGENEERGNG FAX ND. : Nov. 02 2004 09:44AM P3 D-MAX Engineering, Inc. Cunsultantsin water & environmental sciences November 2, 2004 Mr. Din Daneshfar City of National City Engineering Department 1243 National City Boulevard National City. CA 91950 Subject: Corporate Resolution Dear Mr. Daneshfar: grintiurnila Are Tiiw Ana Please be advised that I serve as the President and the Secretary of D-MAX Engineering. Inc_, a Califomia corporation. 1 am legally authorized to sign documents on behalf of the company as the President and the Secretary_ Sincerely, D-MAx Engineering, Inc. Arsalan Dadkhah44E?' President 8380 Miramar Mail Smite 227 Y San Diego, CA 92121 (858) 455-9988 r Fax (S58) 455.9978 --1•141111111, 111.1111114111111M I IBM _— MN JEAN IIIFI A V 111."d - 411111bClA EXHIBIT A SCOPE OF SERVICES The scope of the services for this project will include but not limited the following tasks: Project Coordination. Provide all project coordination necessary to perform the work for the City's National Pollutants Discharge Elimination System program implementation. Project coordination will include biweekly/monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination is: • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meeting, including agenda and meeting minute preparation and distributions. Update the City's JURMP Facility Lists. Some of the facility lists in the City's JURMP need to be updated based on the latest information available to the City. These include construction sites, industrial and commercial facilities. We will update the construction sites list based on the existing database and update existing industrial and commercial facility lists based on the based on the latest inspections information. Data Management. In order to facilitate annual reporting, and to manage the JURMP inspection program on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. There are two basic types of information that must be gathered and collected regarding storm water compliance inspections: inventories of facilities and inspection information. D-MAx has created a database using Access for the City of National City that is capable of storing, managing, and manipulating this data. The database will incorporate the City's business license data and contact information for all of the businesses that are subject to inspection. In this program, blank electronic inspection forms are developed for each business and completed once the actual inspection is finished Assist In City's Compliance Inspection Program. We will assist the City compliance inspection team with the following services: • Conducting construction field inspections • Conducting industrial and commercial field inspections • Conducting follow-up inspections Page 2 --a N --- - _SMv ____ - 'lA • Provide assistance in data entry into databases SUSMP Implementation. We will assist the City in reviewing and evaluating the construction application projects including the following services • Assistance in complying with requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP) • Review the erosion and sediment control plans • Review the submitted storm water pollution prevention plans (SWPPP) • Assistance in selecting and implementing BMPs • Conduct educational presentations as required in Section 9 of the City's JURMP • Prepare construction SWPPPs for the City Capital Improvement Projects Dry Weather Analytical Monitoring and Field Screening. This task will include conducting dry weather field screening in accordance with the requirements of the RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. This task will include the followings: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, rodents and other animals in the vicinity of the outfall. . Field Analysis: At each site the flow and its temperature will be measured and a sample will be taken for field analyses of the following parameters: • Specific conductance ■ Temperature • Turbidity ■ pH • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Surfactants (MBAS) • Oil and grease • Diazinon and Chlorpyrifos Page 3 • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study. The report will include our interpretation of the field data and test results as to the possible presence of IC/Ids. Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations At the conclusion of the follow-up investigations a summary report will be prepared summarizing the findings, conclusions and recommendations. Preparation of JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report serves to document the activities that the City has conducted during the past reporting period of July 1, 2003 through June 30, 2004. In order to prepare the required report we will conduct the following: Coordinate Information Transfer with City personnel Contacting several City departments to acquire information on the program implementation and special activities carried out through the year. We will have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Prepare Annual JURMP Report This task includes the preparation of the Annual JURMP Report in accordance with the Municipal Permit Section I. This includes addressing the following: • Comprehensive Description of Activities Land -Use Planning Construction Page 4 __ WINIIIIMMINO --- MI MO =�rsn Existing Development Education Illicit Discharge Detection and Elimination Public Participation Assessment of JURMP Effectiveness Fiscal Analysis • Documentation/Accounting of Activities Illicit Discharges Report Inspections Conducted Enforcement Actions Education Efforts • Public Participation Mechanism • JURMP Revisions • Special Investigations • Budget • Ineffective Management Measures • Identification of Water Quality Improvements • Copermittee Collective Activities Training and Education. D-MAx will conduct educational workshops at the City's request to target audiences identified in Section 9 of the JURMP document. Educational content will cover a variety of topics related to storm water quality and watershed concepts listed in Section 9.2 of the JURMP and be tailored to each specific audience. Suggested workshops and target audiences include the following: Planning and Public Works/Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in Section 9.2 and to address new Permit requirements relevant to each department. The Permit requires changes in land -use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's Standard Urban Storm Water Mitigation Plan. The workshop will be targeted towards public works employees and will also cover the general concepts of Section 9.2, and further address changes in public works operations required by the Municipal Permit. Such changes include construction site management requirements and implementation and maintenance of best management practices. Construction Inspectors Page 5 mme anon _s INN --- _ AIM ___ - n The educational workshop for construction inspectors will include general concepts listed in Section 9.2 and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Additionally we assist the City staff to develop educational pamphlets to be sent to residential, industrial and commercial facilities, preparing articles to be published in the local newsletters. Assessment of Program Effectiveness. The County of San Diego in association with assessment work group has developed some methodologies for assessing the effectiveness of the storm water program. These methodologies require gathering and presenting all the information of the copermittee's activities including BMPs and identifying expected effects on the storm water pollution prevention. We will assist the City to evaluate the effectiveness of the City's program in accordance with the County and work group proposed methodologies. Watershed Urban Runoff Management Programs. City of National City is located within the San Diego Bay watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will attend the watershed Copermittees on behalf of the City of National City and conduct the group requirements per the City instructions. Representing The City in Various Meeting. D-MAx will represent the City of National City in various meeting including those with other Copermittees, Regional Board or work g roups. Other Storm Water Services. It has been our experience with other local municipalities that storm water related situations arise from time to time that require immediate or expert action. D-MAX will be pleased to provide any other as -needed on -call services to the City of National City, which has not been identified above. Page 6 I v = - NA — till INN IN AIN - - A V EXHIBIT B COST SUMMARY We have summarized our estimated not -to -exceed costs for the scope of services presented herein as follows: Task Description Estimated Cost Project Coordination $18,000 Data Management $20,000 Assist In City's Compliance Inspection Program $25,000 SUSMP Implementation $25,000 Dry Weather Analytical Monitoring and Field Screening $14,000 Follow -Up Investigations $8,000 Preparation of JURMP Annual Report $20,000 Training and Education $25,000 Assessment of Program Effectiveness $8,000 Watershed Urban Runoff Management Programs $10,00Q Representing The City in Various Meeting $5,000 Other Storm Water Services $10,000 TOTAL $188,000 The following presents our current schedule of fees. Page 7 IMMIONWs ! �s a M OMAwif•wv MININIMPrdb SCHEDULE OF FEES January 1, 2004 This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing and new work. LABOR Classification Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer Hourly Rate $ 45 55 60 55 65 80 95 100 120 * Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two-hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. OTHER CHARGES Subcontracted services, such as subconsultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking; outside copying/printing, etc., will be charged at cost plus 15%. Client will be responsible for any applicable taxes in addition to the feesdue for Services. The mileage charge for personal vehicles used on projects will be the current rate as established by the InternalRevenue Service. Company -owned vehicles will be charged at a rate of $0.50 per mile. C:\FORMS\FEE SCHEDULE 2004 SF-1 Exhibit C Project Schedule Tasks NOV 2004 DEC 2004 JAN 2005 FEB 2005 MAR 2005 APR 2005 MAY 2005 JUNE 2005 JUL 2005 AUG 2005 SEP 2005 OCT 2005 Project Coordination Data Managements .m�,�-,...,:,.e,. ,, . .... .. r� b�,. _n._e,a< a. Assist In City's Compliance. Inspection Program SUSMP Implementation _ Dry Weather Analytical Monitoring and Field Screening 1111511111126111111111111 Follow -Up Investigations Preparation of JURMP Annual Report Training and Education _ Assessment of Program Effectiveness Watershed Urban Runoff Management Programs Representing The City in Various Meeting _ _ immainemin Other Storm Water Services City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. 9 7.ITEM TITLE Resolution o f t he C ity Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 916 A Avenue (Applicant: Jeannette Salazar) (Case File M-2003-1) PREPARED BY Pce Roger G. Post, 336-4310 Planning DEPARTMENT EXT. EXPLANATION The property owner of 916 A Avenue in Brick Row is requesting a Mills Act contract; currently six properties are in the Mills Act Program. 916 A Avenue is a single-family residence and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are a historic preservation tool, which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list as well as the National Register. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. These activities also reflect the recommendations of the Community Development Commission as noted in the attached memorandum from CDC. The County Assessor's office estimates that there will be a tax reduction of roughly 20%, or $415 annually based on the current value. This would result in a r eduction o f approximately $ 42 annually in C ity/CDC revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. • Environmental Review Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $42 NIA Categorical Exemption MIS Approval Approved By: Finance Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map 3. Draft Contract 4 CDC rnmmentc 5. Application, including site photos 6. Notice of Exemption 7. List of current Mills Act properties Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 916 "A" AVENUE APPLICANT: JEANNETTE SALAZAR CASE FILE NO. M-2003-1 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 916 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 0 co ‘AsNovna\ 1 1 1 1 1 0 LIJ CO 0 PROJECT LOCATION uJ < 0 Q g C‘11 g E 5 CD 3 uj x E INC Ca Mills Act Contract for 916 A Avenue at Brick Row 0 1 zJ Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN: 556-471-09 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 916 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Jeannette Salazar ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-09, and located at the street address 916 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Department, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission 3 Mills Act Contract 11/14/02 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition, substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein Mills Act Contract 11/14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. Effective Date and Term of Contract. This Contract shall be effective and commence on November 16, 2004, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner- or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal d ate, o ne (1) y ear shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. 5 Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 12. General Provisions. To Owner(s): Jeannette Salazar 928 A Avenue National City, CA 91950 a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. g. This Contract shall be construed and governed in accordance with the laws of the State of California. Owner or an agent of Owner shall provide written notice of this Contract to the Mills Act Contract 11/14/02 State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: By: OWNER(S) OF RECORD Date: //0� By: Nick Inzunza, Mayor (Notarized Sign Title: Date: Attest: By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. Mills Act Contract 11/14/02 Attachment A Restoration and maintenance plan for 916 A Avenue: 1. Paint upper windows, repair woodwork as needed. 2. Maintain exterior paint. 3. Re -paint porch stairs and rail, replace wood as needed. In addition, the property owner agrees to the following: 1. Acknowledges that the view of Brickrow from the alley/rear portion of the complex is important and must be addressed as part of the maintenance of the property. 2. Will coordinate paint color for all exterior finishes, and adhere to a certain uniformity and historical accuracy. 3. Will participate in presenting a plan to the City relative to the closure or partial closure, or other solutions, of both the alley and A Avenue rights -of -way. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C,�v�� �C�L!-�.K,.-�-'v c�.�C/-a-���v_�.'v..-�v�a� � .'v- . v!TC:' e:.-��.' � .•��•rs�C!v\v.�.'\i•.�C�.,'�,`\.��„oi�4_��_'C�v!�S!= v State of California County of .✓;9.A/ ss On J- //91/ AI62AD4/ before me, Le./ v 7er7nr�'1i/ / "0% y / �1,32i Date Name and Me of Officer (e.g., "Jane Doe, Notary Public") personally appeared LOUSE BRANCH Conuion #r 1387300 Notary Public - Calibrate San'Dispo County M[IrConn� E pM,?NCAt26. Name(s) of Signer(s) ❑ personally known to me a proved to me on the basis of satisfactory evidence to be the person(s) whose names is re subscribed to the within instrument and acknowledged to me that hertOthey executed the same in his63their authorized capacity(ies), and that by hi he their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS myhandand official seal. Q�tG�L— Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: iLlll/ 5 /9-Sr do tJT. e7"FD,'. g/6 Document Date: / / - /4,1 - e z_- Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Cry.-r�;vv�Gv+%.�k�l.C� '.�v?$✓ti r1�'Z�✓Zv%"v✓"b6•�av+:"v+/'%��.'4`✓✓✓"'."v�.m'�"`✓,%i:$ Number of Pages: % RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nafionalnotary.org Prod. No. 5907 Reorder Cal Toll -Free 1-800-876-6827 9 NATIONAL CITY PLANNING DEPAUMENT MEMORANDUM COMMUNITY DEVELOPMENT COMMSSION°' NATIONAL CITY May 19, 2003 To: Roger Post, Planning Director From: Paul Desorchers, Executive Director Subject: Case file No. M-2003-1 916 A Avenue Case file No. M-2003-2 928 A Avenue Thank you for the opportunity to review the above two residential units for application of the Mills Act for tax relief of historic properties. On behalf of the CDC, I welcome this incentive for the property owners. However, I would like more commitments from the homeowners aside from painting and upkeep for the next ten years. They are only restating the obligations of any homeowner to maintain their property. If the residents receive a tax break, there are other obligations that are expected. These and other Brickrow homeowners must, in addition to maintaining their homes: 1. Take more responsibility for the upkeep of the alley /rear portion of their property. Now that the alley is exposed to new development it is incumbent upon the Brickrow owners to properly (uniformly) fence and maintain their back yard. 2. To coordinate on colors for all exterior painting and adhere to a certain uniformity and historical accuracy. 3. Present a plan to the City relative to the closure, or partial closure or other solution to both the alley and A Ave. rights of way. 4. Take more responsibility for the maintenance of the landscaped area along A Avenue. This can be accomplished by meeting with the City and agreeing upon a work plan. 5. Establishment of a homeowners' association to take into account the above and other issues that need joint resolution from time to time.. I support the application of the Mills Act to the above two residential units provided that items one and two are committed at this time and that the owners agree in concept to the eventual suggestions contained in items 3,4,&5. /0 Page 1 of 1 Charley Marchesano From: Roger Post Sent: Thursday, July 24, 2003 9:15 AM To: Steve Ray; Charley Marchesano; Andrew Subject: FW: FYI Original Message From: Paul Desrochers Sent: Thursday, July 24, 2003 8:45 AM To: Roger Post Cc: 'martinelli39@msn.com' Subject: MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY July 24, 2003 To: Roger Post, Planning Director From: Paul Desrochers, Executive Director Subject: Case file # M-2003-1 916 A Avenue Case file # M-2003-2 928 A Avenue By memo dated May 19,2003, regarding the above I provided comments relative to the application for a Mills Act Historic Building application. After further review I have revised my comments as follows: These and other Brickrow homeowners must, in addition to normal maintenance of their homes: 1. Acknowledge that the view of Brickrow from the alley/rear portion of the complex is important and must be addressed as part of the maintenance of the property. 2. Coordinate paint color for all exterior finishes; adhere to a certain uniformity and historical accuracy. 3. Present a plan to the City relative to the closure or partial closure or other solutions to both the alley and A Ave rights -of -way. On behalf of the Community Development Commission, I support the application of the Mills Act to the above two residential units. I urge the owners of these units to encourage all the owners of Brickrow to participate in the program and to form an association that will address common problems. With redevelopment now occurring, it is essential that that alley view of the complex be upgraded. 7/24/03 NATIONAL CITY, CALIFORNIA 6421/11uuai:lm oi:kildi,\\\\ MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, Califomia 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ \ k b Receipt No. Date Received `q2 (/'3 By Make checks payable to the City of National City PROPERTY DESCRIPTION: Street Address:VONt Assessors Parcel Number(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: Name: Address: Property owner's signature: Phone: (`CA. 4—z-)-03 ntlz c-i-,,wee CA e'o.ssp Do nwr-Y uKci4 -4/\0 #1913tun f-Q-Paitit‘ at\ 0 Yozp rbfre rt ODGOs c+-e(ZIo(z._ ?,0,1 S citi 0 jk4ePtt. uDooD A-s ge 4Q- /3 Flpr 24 Oa 10:26a Janice Martinelli 64-24.9163 II:Uaj Fro. -South Bte Cltiu AP[-24-63 1041 ROWant assonmean G. edam vaaaardellinda Mee likederir ism& MOPS ereela ttt4t14111 6"3.9 -4.1" �1 Epp 6114Z/145i f 1T71T'm 30n 27e Z99111 4414 $PI 917 Bt1f T\ SW t MIMIC 1.1111.111111 am.w weseeea. 461111tt11= Tie .aisdwi fedapos tla. Luew.tas warier tea is .SMCN .N it amseated a W sea er tie Mated or pi.Irst{> enegel. The stytens O Tessa i 3. 1M ;IV .f LrpW Ohr. roe • LLOABLM eella1Bi?614Bt. rwyo et ttkiek . ea* .ei.e.l.ipi, 3tttillasS tet:tedes,991, 4ta kotob101111 tt Arwlt4/deMg eltIMpd®111110111 she Lei te.eeii.i ee.l wont/ to she Ciq of ireti..d My, Ceewb .t 611111. Aro of Calikoofit Lot It io Maktoo ayl..,t Wwift In . �0.yiiai.11'a BeiaL.ielee .t to Mz tot 2 it 3t i ° ow, emeMt a ACt ilibt�tst.>Rt tern ftww.ho• sr Ms aa arei .a it allet le. 1487. 2. Masai Muria ..ti eate.iN0.. .r...eeN lag tanks, sow ..the ee l b .. Nee% aoi sii. ioeteu..t Di I..aened b bag.iBs:t ally swan( Description: San Apl go,CA Doormen-YeasDodD 1998.40777 Peer: i of 1 TW- '44A4,450, 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 Proiect Title: Case File No. M-2003-1 Project Location: 916 A Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 916 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Jeannette Salazar 928 A Avenue National City, CA 91910 Exempt Status: II Telephone Number: (619)477-1122 Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ® Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b2) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: /b MARTIN REEDER Planning Technician CASE FILE NO. APN Applicant Date Received Cross Reference Case File No. Action Taken Planner _ M- 2002-1 Mills Act Contract 3600 E. 8th Street 669-060-24 Moncrieff Family Limited Partnership 8/19/2002 Filed JC M- 2002-2 Mills Act Contract 926 A Avenue 556-471-11 Janice Martinelli 11/1/2002 Filed JC M- 2002-3 Mills Act Contract 1941 Highland Avenue 561-181-04 Celia, Josefina Hernandez 11/4/2002 Filed JC 2003 INDEX M- 2003-1 Mills Act Contract 916 A Avenue 556-471-09 Jeannette Salazar 4/24/2003 MR M- 2003-2 Mills Act Contract 928 A Avenue 556-471-12 Jeannette Salazar 4/24/2003 MR M- 2003-3 Mills Act Contract 1433 E. 24th Street 561-350-13 Jim Ladd 7/28/2003 Filed MR M- 2003-4 Mills Act Contract 45 East Plaza Blvd. 556-471-15 Janice Martinelli 11/19/03 Filed MR M- 2003-5 Mills Act Contract 907 A Avenue 556-472-15 Louise Branch 11/21/03 Filed MR c:\winword\logs\ .doc City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 7004 10 AGENDA ITEM NO. ITEM TITLE Resolution o f t he C ity Council Authorizing the Mayor to Execute a Mills Act Historic Preservation Contract for 928 A Avenue (Applicant: Jeannette Salazar) (Case File M-2003-2) PREPARED BY EXPLANATION Roger G. Posh, 336 4310 DEPARTMENT Planning EXT. The property owner of 928 A Avenue in Brick Row is requesting a Mills Act contract; currently six properties are in the Mills Act Program. The property is a single-family residence and is in the CG-PD (General Commercial -Planned Development) Zone. Mills Act contracts are a historic preservation tool, which allow for property tax savings for the owner in exchange for a commitment to maintain and/or restore the historic structure. This property is eligible since it is on the City list as well as the National Register. The owner proposes to maintain the structure as required by the contract and also proposes restoration activities as described in Exhibit A of the contract. These activities also reflect the recommendations of the Community Development Commission as noted in the attached memorandum from CDC. The County Assessor's office estimates that there will be a tax reduction of roughly 40%, or $815 annually based on the current value. This would result in a r eduction o f approximately $ 82 annually i n C ity/CDC revenue. The contract is valid for 10 years, and automatically extends for one year on the anniversary date. The City may cancel the contract if it is breached, or opt not to renew it if proper notice is provided. The property will be inspected annually to ensure that the structure is being maintained. CEnvironmental Review N/A Categorical Exemption MIS Approval Financial Statement The action will result in a reduction in annual City property tax revenue of approximately $82 STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map 3. Draft Contract 4. CDC comments A-200 (Rev. 7/03) Approved By: el Finance Director Account No. esohytiora No. 5. Application, including site photos 6. Notice of Exemption 7. List of current Mills Act properties RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MILLS ACT CONTRACT FOR 928 "A" AVENUE APPLICANT: JEANNETTE SALAZAR CASE FILE NO. M-2003-2 BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Mills Act Contract for 928 "A" Avenue. Said contract is on file in the Office of the City Clerk. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney •• so, soo ZONE BOUNDARY PROJECT LOCATION 0 cJ Mills Act contract for 928 A Avenue at Brick Row 0 Recording Requested by and When Recorded Please Mail to: Michael R. Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950-4301 APN: 556-471-12 Above Space for Recorder's Use Only. MILLS ACT CONTRACT For property located at 928 A Avenue THIS CONTRACT is entered into by and between THE CITY OF NATIONAL CITY, a municipal corporation ("CITY") and Jeannette Salazar ("OWNER"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorizes cities to enter into contracts with the owners of qualified historic properties to provide for the use, maintenance, and restoration of such historic properties so as to retain their characteristics as properties of historic significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor's Parcel No. 556-471-12, and located at the street address 928 A Avenue, National City, California, (the "Historic Site"). WHEREAS, the National City Council has designated the above property as a Historic Site and it is so listed and currently eligible for listing in the "List of Identified Historic Sites in National City". WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this Contract both to protect and preserve the characteristics of historic significance of the Historic Site and to qualify the Historic Site for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, and of Article 12 (commencing with Section 50280) of Chapter 1 of Part 1 of Division 1 of the California Government Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner agree as follows: 1. Compliance with Council Policy. Owner shall comply with City Council Resolution No. 2002-67 incorporated herein by this reference. 2. Eligibility. To be eligible for this Contract, the Historic Site shall be listed and shall be currently eligible for listing in the "List of Identified Historic Sites in National City." 3. Standards for Historic Site. During the term of this Contract, the Historic Site shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the Historic Site, and when necessary, restore and rehabilitate the Historic Site to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the United States Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code, as amended from time to time. Work shall be done in accordance with the attached schedule of potential home improvements drafted by the Owner (Attachment A). b. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; ii. Scrap lumber, junk, trash or debris; iii. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; iv. Stagnant water or excavations, including swimming pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. c. Owner shall allow reasonable periodic examination of the interior and exterior of the Historic Site, by prior appointment, if a request is made by representatives of the City of National City Planning Depaituient, the Community Development Commission of the City of National City, County Assessor, State Department of Parks and Recreation, or the State Board of Equalization, as may be necessary to determine Owner's compliance with the Contract. d. Owner shall allow visibility of the exterior of the structure from the public right- of-way. e. Should Owner apply to City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a scheduled hearing regarding such application before the board or commission Mills Act Contract 11/14/02 designated by the City Council to oversee City's historic resources prior to the issuance of such permit, so long as such hearing is completed no longer than three (3) weeks after owner submits such application to City. f. Notwithstanding the foregoing subparagraph 3.e, should Owner apply to City for a permit for the demolition,. substantial exterior alteration or removal of the Historic Site, Owner shall comply with all City and State of California environmental regulations, policies and requirements prior to City's issuance of the requested permit. 4. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by City which City deems necessary or advisable to. determine compliance with the terms and provisions of this Contract. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Contract if it determines that Owner has breached any of the conditions of this Contract or has allowed the property to deteriorate to the point that it no longer meets City's or the State's standards for a qualified historic property. In addition, City may cancel this Contract if•it determines that Owner has failed to restore or rehabilitate the Historic Site in the manner specified in subparagraph 3(a) of this Contract, or has demolished, substantially altered, or removed the Historic Site. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Section 50280, et seq. 6. Enforcement of Contract. In lieu of and/or in addition to any provisions related to cancellation of the Contract as referenced herein, City may specifically enforce or enjoin the breach of the terms of this Contract. In the event of a default under the provisions of this Contract by Owner, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Contract, and if such a violation is not. corrected to the reasonable satisfaction of City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Contract and may bring any action necessary to specifically enforce the obligations of Owner growing out of terms of this Contract, or may apply to any state or federal court for injunctive relief against any violation by Owner or may apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Contract. All other remedies of law or in equity which are not otherwise provided for in this Contract or in City's regulations governing historic sites are available to City to pursue in the event there is a breach of this Contract. No waiver by City of any breach or default under this Contract shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding Effect of Contract. Owner hereby subjects the Historic Site to the covenants, reservations and restrictions as set forth in this Contract. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein Mills Act Contract 11/14/02 shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Contract regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein, touch and concern the land, in that Owner's legal interest in the Historic Site is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the historic Site for the benefit of City, the public, and Owner. 8. Processing Fee. Owner shall pay to City a graduated processing fee of $100 per $100,000 of assessed value of the Historic Site, not to exceed $500, prorated to actual assessed value. Effective Date and Term of Contract. This Contract shall be effective and commence on November 16, 2004, and shall remain in effect for a term of ten (10) years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 10 below. 10. Renewal. Each year on the anniversary of the effective date of this Contract (the "renewal date"), a year shall automatically be added to the initial term of this Contract unless notice of .non -renewal is mailed as provided herein. If either Owner or City desires, in any year, not to renew this Contract, Owner or City shall serve written notice of non -renewal on the other party in advance of the annual renewal date of the Contract. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the annual renewal d ate, o ne (1) y ear shall automatically be added to the term of the Contract as provided herein. Upon receipt by Owner of a notice of non -renewal from City, Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Contract, withdraw its notice of non -renewal. If either City or Owner serves notice to the other of non -renewal in any year, the Contract shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Contract, whichever may apply. 11. Notice. Any notice required to be given by the terms of this Contract shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. Mills Act Contract 11/14/02 To City: City of National City Director of Planning 1243 National City Boulevard National City, CA 91950-4301 To Owner(s): Jeannette Salazar 928 A Avenue National City, CA 91950 12. General Provisions. a. None of the terms, provisions, or conditions of this Contract shall be deemed to create a partnership between the parties and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall indemnify, defend and hold harmless City and its elected officials, officers, agents, employees and volunteers from any and all liability, loss, damage to property, injuries to, or death of any person or persons, which may arise from the activities of Owner or those of his or her contractor, subcontractor agent, employee or other person acting on his or her behalf which relate to the use, operation, and maintenance of the Historic Site by virtue of this Contract. This obligation applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the use, operation and maintenance of the Historic Site pursuant to this Contract, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Contract shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Site, whether by operation of law or in any manner whatsoever. d. In the event that any of the provisions of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof shall not be effected thereby. e. This Contract shall not take effect unless and until Owner's signature is notarized by a notary public. Furthermore, if an agent or representative of Owner signs this Contract on behalf of Owner, the agent or representative must furnish proof to the satisfaction of City, that the agent or representative has authority to act on Owner's behalf. f. g. This Contract shall be construed and governed in accordance with the laws of the State of California. Owner or an agent of Owner shall provide written notice of this- Contract to the Mills Act Contract 11/14/02 State Office of Historic Preservation within six (6) months of entering into the Contract. 13. Recordation. No later than twenty (20) days after the parties execute and enter into this Contract, City shall cause this Contract to be recorded in the office of the County Recorder of the County of San Diego. 14. Amendments. This Contract may be amended only by a written and recorded instrument executed by the parties hereto. CITY OF NATIONAL CITY Date: OWNER(S) OF RECORD Date: �4/7 By: By: Nick Inzunza, Mayor --f` notarized Sigrtaty( Title: Date: Attest: By: Michael R. Dalla, City Clerk Title: Date: Approved as to form: By: George H. Eiser, III City Attorney Date: By: (Notarized Signature) OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 7 Mills Act Contract 1 1 / 14/02 Attachment A Restoration and maintenance plan for 928 A Avenue: 1. Paint upper windows, repair woodwork as needed. 2. Maintain exterior paint. 3. Re -paint porch stairs and rail, replace wood as needed. In addition, the property owner agrees to the following: 1. Acknowledges that the view of Brickrow from the alley/rear portion of the complex is important and must be addressed as part of the maintenance of the property. 2. Will coordinate paint color for all exterior finishes, and adhere to a certain uniformity and historical accuracy. 3. Will participate in presenting a plan to the City relative to the closure or partial closure, or other solutions, of both the alley and A Avenue rights -of -way. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT U.. v v CC,'\C 4 S. �k�eAcsitsWe -�i CS C C C e. i C C State of California County of 6AN C) On /4--A¢y /-/, 2 .?Y/ before me, Lizser /zr4n%H) , Date Name and Tibe of Officer (e.g., "Jane Doe. Notary Public') personally appeared "jF it/,e%//' C SftLfIZ,¢,e LOUISE BRANCH Commission # 1387300 Notary Public - CaYfinrria Son`Disgo Cowry t Camrsr 6histsNov26.28 Name(s) of Signer(s) ❑ personally known to me cit proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to tfie within instrument and acknowledged to me that h si /they executed the same in hi heir authorized capacity(ies), and that by hi63Itheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand d official seal. a / / Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: / 'Z✓..59fiGT d l7je/ T w,v 9'g Document Date: //-- /4/ -C Number of Pages: '% Signer(s) Other Than Named Above: -- Capacity(ies) Claimed by Signer Signer's Name: El Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUG' OF SIG PRINT R Top of thumb here 9s G4i:=%b`t..+`7'C:\.^�'4�-%�`.�'.3��J"G�.✓i �.ti2Kei:Mi �4'�+Y�.W4itSy7g2;42,V:u��l�`=y�'"/-.3l✓VdvvCvCWB'�`4W4v�.�"�".��'��1• © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 9 A PLAI NINE J MEMORANDUM COMMUNITY DEVELOPMENT COMMSSION NATIONAL CITY May 19, 2003 To: Roger Post, Planning Director From: Paul Desorchers, Executive Directo Subject: Case file No. M-2003-1 916 A Avenue Case file No. M-2003-2 928 A Avenue Thank you for the opportunity to review the above two residential units for application of the Mills Act for tax relief of historic properties. On behalf of the CDC, I welcome this incentive for the property owners. However, I would like more commitments from the homeowners aside from painting and upkeep for the next ten years. They are only restating the obligations of any homeowner to maintain their property. If the residents receive_ a tax break, there are other obligations that are expected. These and other Brickrow homeowners must, in addition to maintaining their homes: 1. Take more responsibility for the upkeep of the alley /rear portion of their property. Now that the alley is exposed to new development it is incumbent upon the Brickrow owners to properly (uniformly) fence and maintain their back yard. 2. To coordinate on colors for all exterior painting and adhere to a certain uniformity and historical accuracy. 3. Present a plan to the City relative to the closure, or partial closure or other solution to both the alley and A Ave. rights of way. 4. Take more responsibility for the maintenance of the landscaped area along A Avenue. This can be accomplished by meeting with the City and agreeing upon a work plan. 5. Establishment of a homeowners' association to take into account the above and other issues that need joint resolution from time to time.. I support the application of the Mills Act to the above two residential units provided that items one and two are committed at this time and that the owners agree in concept to the eventual suggestions contained in items 3,4,&5. Page 1 of 1 Charley Marchesano From: Roger Post Sent: Thursday, July 24, 2003 9:15 AM To: Steve Ray; Charley Marchesano; Andrew Subject: FW: FYI Original Message From: Paul Desrochers Sent: Thursday, July 24, 2003 8:45 AM To: Roger Post Cc: 'martinelli39@msn.com' Subject: MEMORANDUM COMMUNITY DEVELOPMENT COMMISSION NATIONAL CITY July 24, 2003 To: Roger Post, Planning Director From: Paul Desrochers, Executive Director Subject: Case file # M-2003-1 916 A Avenue Case file # M-2003-2 928 A Avenue By memo dated May 19,2003, regarding the above I provided comments relative to the application for a Mills Act Historic Building application. After further review I have revised my comments as follows: These and other Brickrow homeowners must, in addition to normal maintenance of their homes: 1. Acknowledge that the view of Brickrow from the alley/rear portion of the complex is important and must be addressed as part of the maintenance of the property. 2. Coordinate paint color for all exterior finishes; adhere to a certain uniformity and historical accuracy. 3. Present a plan to the City relative to the closure or partial closure or other solutions to both the alley and A Ave rights -of -way. On behalf of the Community Development Commission, I support the application of the Mills Act to the above two residential units. I urge the owners of these units to encourage all the owners of Brickrow to participate in the program and to form an association that will address common problems. With redevelopment now occurring, it is essential that that alley view of the complex be upgraded. 7/24/03 // wimanuoug/ CJTy 4 NATIONAL CITY, CALIFORNIA MILLS ACT CONTRACT APPLICATION File application with: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ 1UO Receipt No. Date Received 4 214 05 By Make checks payable to the City of National City PROPERTY DESCRIPTION:i� Street Address: ✓' ' t J (\aiNokiCtici.6 Assessors Parcel Number(s): SUBMITTAL REQUIREMENTS: The following items are required to compete the application and must be included with this form: a. A general maintenance/restoration plan for the structure (any prior restoration activities may be included) b. A description of the structure and its historic value c. Photos of the structure d. Legal description of the property e. A copy of a deed verifying property ownership PROPERTY OWNER INFORMATION: S L Name: Address: Phone: NOVAS Property owner's signature: / �J'i/.� d":/- Date: 3 S-03 '64*Prv1/4) 94 000") 1-21i11\(4'Nf iffy svrbA-Sq' i1-p^"o8'n Cyr ,r\i/Q -7),011eir439 rvin,--pfrnAU -gy m ' Toeaui01 tatqfp �8 Ltgl-iivotvq(01AN (1/) GamYaA".01904 aTho' c24_ N4r)) ) 9/00,1/ Q) 4.1,-ruu vac() ‘c, Clec-D IA9-)-9M Rpr 24 03 10:26a Janice nartinelli 04-24-2003 t1:00an Froe-South Bar Cities APB-24./6 10110 OROW+ mesallexmaim imria4 .OrNOT 006 k kvn. Sate ni Etna, e* 084O 1 } h�34 1 teaa aeaa1110SIp0Rt. �repdQA0.4aaMMw meow xd.e m*: JndwOwaw110aarr aomMerr 0081111/1881=118118UltaUMW t67 arM001aMwlwdpew,seuey4 sr t1 u0r7bemoaw■ qammo !Dui goo Is• �i1w�4I i CW.M mmirevRawwasaw 1481801111811081188tigetakeistoloaktithpoiewwbrMwwpa anissmstasraiwomaagi1110tonsa1i1 m Tams trier hrombar Atli NRrsx daali Ialo a V. I* PlIONINPAIVIrst 411111111TIESf✓Wlirl M aRMttted WPM rra/paabMel 04Y nahatal. 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NS weft blipereaf No. =AM in demi sits Cowl* BMW Of ain Se00 411.111/. anesW$11restlar 5111/4714X ""?i `In'fL,1.0m llocluu}I TO: City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Case File No. M-2003-2 Project Location: 928 A Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: The proposal would allow the City to enter into a Mills Act contract with the owner of 928 A Avenue, pursuant to State law. The contract provides for the maintenance, restoration, and rehabilitation of this property in Brick Row, a locally designated historical structure. Applicant Name and Address: Jeannette Salazar 928 A Avenue National City, CA 91910 Telephone Number: (619)477-1122 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 31, Section 15331 (Historical Resource Restoration/Rehabilitation) ® Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b2) Reasons why project is exempt: This project is intended to provide for the maintenance, restoration, and rehabilitation of an historic structure in compliance with standards developed by the Secretary of the Interior. The Mills Act program only affects existing structures and thus the project has no potential to create significant effects. Date: MARTIN REEDER Planning Technician CASE FILE NO. APN Applicant Date Received Cross Reference Case File No. Action Taken M- 2002-1 M- Mills Act Contract 3600 E. 8th Street 669-060-24 Moncrieff Family Limited Partnership 8/19/2002 Filed 2002-2 M- 2002-3 Mills Act Contract 926 A Avenue 556-471-11 Janice Martinelli 11/1/2002 Planner Filed Mills Act Contract 1941 Highland Avenue 561-181-04 Celia, Josefina Hernandez 11/4/2002 JC Filed JC JC M- 2003-1 2003 INDEX Mills Act Contract 916 A Avenue 556-471-09 Jeannette Salazar 4/24/2003 MR M- 2003-2 M- 2003-3 Mills Act Contract 928 A Avenue 556-471-12 Jeannette Salazar 4/24/2003 Mills Act Contract 1433 E. 24th Street 561-350-13 Jim Ladd 7/28/2003 Filed M- 2003-4 M- 2003-5 Mills Act Contract Mills Act Contract 45 East Plaza Blvd. 556-471-15 Janice Martinelli 11/19/03 MR Filed 907 A Avenue 556-472-15 Louise Branch 11/21/03 MR Filed MR MR c:\winword\logs\ .doc City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 ,AEETING DATE 11 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Amending Resolution 2002-4 to Authorize Access to Sales and Use Tax Records to Municipal Auditing Services and Authorized Employee Positions within the City pursuant to Revenue and Taxation Code Section 7056. PREPARED BY DEPARTMENT Finance Department Alison Hunter Ext. 4332 Financial Services Officer EXPLANATION Pursuant to Resolution 2002-4, the City Council authorized access to Sales and Use Tax Records under an agreement with Hinderlite, DeLlamas and Associates (HDL). On November 18, 2003 the City entered into an Agreement with Municipal Auditing Services (MAS) LLC to conduct a revenue enhancement program as it relates to business tax discovery and deficiency, and collection of unpaid business tax revenue. MAS has completed the initial database build for the City and the final major task is to obtain access to sales and use records at the State Board of Equalization. In addition, it is also appropriate to authorize individuals appointed to the following positions, as authorized users: Finance Director CDC Executive Director Financial Services Officer Senior Accountant: Revenue and Recovery Function Accounting Assistant: Business License Program CDC Deputy Director of Finance/Administration Environmental Review N/A Financial Statement N/A Approved By Finance Directo Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1.) New Resolution 2.) Resolution 2002-4 Resolution No. 0. A-200 (9/99) RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING RESOLUTION NO. 2002-4 AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS UNDER AN AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES AND MUNICIPAL AUDITING SERVICES PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056 WHEREAS, the City Council of the City of National City deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City under an agreement with Hinderliter, De Llamas and Associates ("HDL"); and Municipal Auditing Services ("MAS") WHEREAS, Section 7056 of the Califomia Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; and WHEREAS, pursuant to Resolution No. 91-185, the City Council authorized access to sales and use tax records and portions of Resolution No. 91-185 were subsequently amended by Resolution No. 2002-4; and WHEREAS, the City Council desires to amend Resolution No. 2002-4 by amending Sections 2 and 3 thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Manager, or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereinafter referred to as Board), is hereby appointed to represent the City of National City with authority to examine sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. BE IT FURTHER RESOLVED that the City Manager, or other officer or employee of the City designated in writing by the City Manager to the Board, is hereby appointed to represent the City with authority to examine those sales and use tax records of the Board, for purposes related to the following governmental functions of the City: a) City administration b) Revenue management c) Community and economic development d) Business license tax administration Resolution No. 2004 — November 16, 2004 Page Two The information obtained by examination of Board records shall be used only for those governmental functions of the City listed above. BE IT FURTHER RESOLVED that Section 2 of Resolution No. 2002-4 is hereby amended as follows: Section 2. The following City and CDC officials are hereby authorized to receive and review sales and use tax allocation information from the State Board of Equalization: Finance Director Financial Services Officer Senior Accountant: Revenue and Recovery Function Accounting Assistant: Business License Program CDC Executive Director CDC Deputy Director of Finance/Administration BE IT FURTHER RESOLVED that Section 3 of Resolution No. 2002-4 is hereby amended to read as follows: Section 3. The following independent contractors for the City of National City and the Community Development Commission of the City of National City are also hereby authorized to receive and review sales and use tax information received from the State Board of Equalization: Silberman & Sloan, LLP Hinderliter, De Llamas and Associates Municipal Auditing Services The entities designated by this Section meet all of the following conditions: a) has an existing contract with the city to examine those sales and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales and use tax records only to the officer or employee authorized by this resolution to examine the information; c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and Resolution No. 2004 — November 16, 2004 Page Three d) is prohibited by that contract from retaining information contained in, or derived from, those sales and use tax records after that contract has expired. BE IT FURTHER RESOLVED that the information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to the contract between the City and the Board and for purposes relating to the govemmental functions of the City listed in this resolution. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney (Page 1 of 1) RESOLUTION NO. 2002 — 4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 2 AND 3 OF RESOLUTION NO. 91-185 CONCERNING SAI.RS AND USE TAX AUDIT AND INFORMATION SERVICES WHEREAS, pursuant to Resolution No. 91-185, adopted on September 17, 1991, the City Council authorized an agreement with Hinderliter, de Llamas & Associates to provide sales and use tax audit and information services; and WHEREAS, Section 2 of said Resolution authorizes the City Manager and Finance Director to receive and review sales and use tax allocation information from the State Board of Equalization; and WHEREAS, Section 3 of said Resolution authorizes Hinderliter, de Llamas & Associates, through their principals, Robert Hinderliter and Lloyd de Llamas, to receive and review sales and use tax information received from the State Board of Equalization; and WHEREAS, pursuant to Ordinance No. 2001-2191, effective December 20, 2001, the City Council established the Mile of Cars Business Improvement District ("MOCA BID"); and WHEREAS, the Community Development Commission of the City of National City (the "CDC") will administer and operate the MOCA BID; and WHEREAS, in the course of its operation and administration of the MOCA BID, the CDC has contracted with the accounting firm of Silberman & Sloan, LLP to carry out the fiscal administration of the MOCA BID; and WHEREAS, in order to perform the operation and administration of the MOCA BID, it is necessary to amend Resolution No. 91-185 to authorize Silberman & Sloan, LLP and the Executive Director of the CDC to receive and review sales and use tax information received from the State Board of Equalization. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize that Section 2 of Resolution No. 91-185 be amended to read as follows: P4 City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 MEETING DATE 12 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #15 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #15 per Government Section Code 37208. EXT. CEnvironmental Review Financial Statement Not applicable. N/A MIS Approval >STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 964,831.21. BOARD / COMMISSION RECOMMENDATION Approved By Finance Directo Account No. ATTACHMENTS ( Listed Below) 1. Warrant Register #15 2. Workers Comp Warrant Register dated 10/06/04 3. Payroll Warrant Register dated 10/06/04 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 16TH DAY OF NOVEMBER 2004. AYES NAYS ABSENT Payee 2004 PTS SEMINAR ACEDO AMERICAN PATRIOT INDUSTRIES ANDERSON AUDIO VIDEO SUPPLY AVIVA TRAVEL AZTEC FENCE CO. BAUDVILLE BEST WINDOW TINTING, INC. BISHOP BRIGADE QUARTERMASTERS BUSTAMANTE CALIFORNIA ELECTRIC SUPPLY CAPPO CONFERENCE CARRIER JOHNSON, INC. CITY OF CHULA VISTA CORPORATE EXPRESS COURTYARD BY MARRIOT CPS HUMAN RESOURCE SERVICES CURTIS ALLAN FLOORCOVERING DAPPER TIRE COMPANY DATA TICKET INC City of National City WARRANT REGISTER # 15 10/12/04 Description ADV REGISTRATION/ RANDY BISHOP REIMB MATLS FOR RECREATION ACTIVITIES TRACER DYE QTS - GREEN EDUC REIMB/ERNESTO ANDERSON UPC 2010/2 PRINTER PAPER AND RIBBON ADV AIRFARE/KOLANDA & MOLINA REPLACE AND REPAIR ATHLETIC FIELD POCKET PRAISE, HAPPY BIRTHDAY TINTING INSTALLATION - ENGINEERING DEP" ADV MEALS/MILEAGEBISHOP NOV 07-10, ITEM #FXB60-03, G.I. STYLE FLIGHT KIT REIMB CANCEL ELECTRCL UPGRADE MOP 45698-PART#MST02/MSH3-IA ANNUAL CAPPO CONFBRENDA HODGES PROF SRVS-NC COUNCIL CHAMBER RENOVA- LIBRARY SUBSCRIPTION/ICA CERTIFICATION MOP 45704-OFFICE SUPPLIES ADV LODGING/SCOTT SHANAHAN CHLDHD LEAD POISONING PREY EXAM/J FLO CARPET/BEECHSIDE INSTALLED INV# 206628 - TIRES IN -PERSON HEARING SEP 2004 chk no chk date amount 196357 10/12/04 200.00 196358 10/12/04 118.50 196359 10/12/04 479.50 196360 10/12/04 581.00 196361 10/12/04 584.82 196362 10/12/04 800.80 196363 10/12/04 38,437.00 196364 10/12/04 73.80 196365 10/12/04 204.00 196366 10/12/04 294.00 196367 10/12/04 51.35 196368 10/12/04 35.00 • 196369 10/12/04 72.62 196370 10/12/04 400.00 196371 10/12/04 7,668.79 196372 10/12/04 360.00 196373 10/12/04 1,458.05 196374 10/12/04 1,252.08 196375 10/12/04 477.14 196376 10/12/04 620.00 196377 10/12/04 1,652.36 196378 10/12/04 280.00 1 DESERT SPRINGS MARRIOTT ADV LODGING/RANDY BISHOP 196379 10/12/04 480.40 DIXIELINE LUMBER CO. MOP 45707-MISC PARKS SUPPLIES 196380 10/12/04 758.86 DRAKE REIMB HOLIDAY DECORS FOR KIMBALL CNT] 196381 10/12/04 103.19 EMBASSY SUITES ADV LODGING/JULIAN VILLAGOMEZ 196382 10/12/04 191.04 EMBASSY SUITES ADV LODGING/ADOLFO GONZALEZ 196383 10/12/04 191.04 EMERYVILLE MARRIOTT ADV LODGING/DAVID ESPIRITU 196384 10/12/04 282.24 ESPIRITU ADV MEALS/CAR RENTAL/ESPIRITU 10/18-20 196385 10/12/04 328.00 FERGUSON ENTERPRISES, INC MOP 45723-MISC SEWER SUPPLIES 196386 10/12/04 384.35 FLAG CRAFTERS U.S. FLAG 5 X 8' 196387 10/12/04 162.23 GONZALES ADV MEALS/GONZALES/OCT 18-19, 2004 196388 10/12/04 73.00 GRAINGER INV#753-720945-9 - PLUG ADAPTOR 196389 10/12/04 162.59 H.M. PITT LABS, INC. WIPE SAMPLES #42843 196390 10/12/04 90.00 HERNANDEZ EDUC REIMB/A HERNANDEZ 196391 10/12/04 510.00 HOME DEPOT/GECF TRUCK BOX 196392 10/12/04 212.27 HOME DEPOT/GECF 1 MMSPOTLIGHT 196393 10/12/04 32.15 HUNTER'S NURSERY INC. MOP 45719-15" LAGASTROMIST 196394 10/12/04 122.30 IKON OFFICE SOLUTIONS MOP 63847-FREIGHT CHRGS FOR TONER 196395 10/12/04 17.99 IMPORT AUTO SPECIALISTS LABOR 196396 10/12/04 103.77 JIMENEZ S/B RFND 1934 HARDING AVE REAR 196397 10/12/04 40.68 JOE A. GONSALVES & SON LEGISLATIVE ADVOCACY SRVC OCT 2004 196398 10/12/04 3,500.00 JULIAN VILLAGOMEZ ADV MEALSNILLAGOMEZ OCT 18-19, 2004 196399 10/12/04 73.00 LASER SAVER INC MOP 45725-HP 4600 MAGENTA TONER 196400 10/12/04 171.27 LINCOLN EQUIPMENT INC. HANDI-LOCK FLOATS 196401 10/12/04 211.78 LOPEZ INTERPRETATION SRVCS 10/06/04 196402 10/12/04 100.00 MINUTEMAN PRESS MOP 47939-CK-SIGNATURE CONTROL CARD 196403 10/12/04 60.32 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND OCT 2004 196404 10/12/04 4,995.83 NAPA AUTO PARTS MOP 45735-OIL FIL 196405 10/12/04 27.41 NATIONAL CITY CAR WASH CAR WASHES -AUG SERVICES 2004 196406 10/12/04 309.00 2 NATIONAL CITY TROPHY NATIONAL EMBLEM INC OFFICE SUPPLIES PLUS ONE HOUR PHOTO STOP PATINO POOL SUPPLY OF ORANGE COUNTY PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAGAN COMMUNICATIONS RIVERSIDE COUNTY SHERIFF DEPT RON BAZA & ASSOCIATES, INC ROUNDS RUTLEDGE, INC SAN DIEGO BUSINESS JOURNAL SAN DIEGO MIRAMAR COLLEGE SD REGIONAL TRAINING CENTER SHANAHAN SOUTHWESTERN COLLEGE STARK MFG. CO. THE KIPLINGER CALIF LETTER THE STAR NEWS TRI-STATE STEEL U.S. IDENTIFICATION MANUAL US STERLING CAPITAL CORP VALLEY INDUSTRIAL SPECIALTIES VISIBILTY SOLUTIONS INC. WESTFLEX INDUSTRIAL YEO MOP 66556-GOLD BRASS NAME BADGE 196407 10/12/04 45.26 INV#0302036 - SR OFFICER CORPORAL CHEVR 196408 10/12/04 793.66 BLACK TONER, HP51629A 196409 10/12/04 57.11 MOP 65198-REPRINTS PHOTOS 196410 10/12/04 28.72 T&A 00720 REFUND BOND/321 E 6TH ST 196411 10/12/04 2,000.00 CHLORINE TANK & COVER, CHEMTAINER. 196412 10/12/04 4,129.70 MOP 45742-LAUNDRY MOPS 196413 10/12/04 198.50 PERS SERVICE PERIOD 09-04-4 196414 10/12/04 59,249.97 SUBSCRPTN TO LEADING FOR RESULTS#2362: 196415 10/12/04 139.00 ADV TUITION/SCOTT SHANAHAN 196416 10/12/04 417.00 NC PUBLIC ART COMMITTEE RETREAT 9/11/04 196417 10/12/04 2,365.09 EDUC REIMB/ROBERT ROUNDS 196418 10/12/04 550.00 GRADALL RENTAL & CREW- 196419 10/12/04 3,990.00 S. D. BUSINESS JOURNAL RENEWAL 196420 10/12/04 89.00 REIMB/TUITION/GEIDEL & SPRINGER SEP'04 196421 10/12/04 78.00 CCMA DUES FOR JUL 2004-JUN 2005/C ZAPATA 196422 10/12/04 500.00 ADV MEALS/MILEAGE/SHANAHAN OCT 18-29i 196423 10/12/04 498.92 INTERN YAJAIRA ADAMS PPE 09/12/04 196424 10/12/04 39.96 • REPAIR ONE PAIR OF TURNOUT PANTS 196425 10/12/04 15.00 RENEWAL OF SUBSCRIPTION 196426 10/12/04 73.00 ADVERTISING 196427 10/12/04 46.13 45 1/2 X 25 1/4 TRAFFIC GRATE GALV 196428 10/12/04 210.11 IDENTIFICATION MANUAL SUBSCRIPTION RE 196429 10/12/04 88.48 TRADE SETTLING SRVCS 9/11/04 AND 9/17/04 196430 10/12/04 568.77 MOP 46453-MISC SUPLS FOR MUNI POOL 196431 10/12/04 184.86 PCP10 3 10 x10 POP-UP CANOPY PACKAGE 196432 10/12/04 922.57 ASSEMBLY 13 FT 1" GOODYEAR BLACK NR 196433 10/12/04 171.29 REIMB TRAVEL EXPS ACS CONF IN PHOENIX 196434 10/12/04 658.47 3 YOUNG REIMB RECREATION SUPPLIES 196435 10/12/04 154.88 AT SYSTEMS WEST INC MONEY TRUCK 'OCT. 04 196436 10/12/04 345.05 BRIDGESTONE/FIRESTONE, INC. TIRES - AUG. '04 196437 10/12/04 387.65 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 196438 10/12/04 176.60 COLORALL TECHNOLOGIES BUS REPAIRS AS NEEDED FOR FY0405 196439 10/12/04 950.00 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY05 196440 10/12/04 583.35 CUMMINS CAL PACIFIC, LLC BUS. PARTS AS NEEDED FOR FY05 196441 10/12/04 230.81 DAPPER TIRE TIRES, 402-102-477-0 185/70R14 196442 10/12/04 66.48 DELL MARKETING CORP POWER POINT PROJECTOR, DELL 3300MP, 196443 10/12/04 3,246.17 DIXIELINE LUMBER CO MASTER PADLOCK, UTILITY BANQUET TABU 196444 10/12/04 192.78 EW TRUCK & EQUIPMENT CO INC AUTOMOTIVE PARTS AS NEEDED FOR FY0405 196445 10/12/04 1,100.46. JANKOVICH COMPANY DIESEL FUEL 196446 10/12/04 12,469.41 NEW FLYER PARTS ASSY-BATT DOOR/CYLINDER 196447 10/12/04 1,263.33 NEW FLYER PARTS SEAL SHAFT 196448 10/12/04 99.68 PETRO-DIAMOND INC. . DIESEL FUEL 196449 10/12/04 14,013.84 PRUDENTIAL INSURANCE LIFE INSURANCE-OCT 2004.CLIENT#5648 196450 10/12/04 225.10 ROMAN'S TRUCK VAL 327D P ACRYLIC ENAMEL PAINT YELLON 196451 10/12/04 38.08 SAN DIEGO FRICTION PROD. DUAL AIR PRESS GAUGE 196452 10/12/04 239.04 • SAN DIEGO GAS & ELECTRIC ELECTRIC 8/27/04 - 09/29/04 196453 10/12/04 2,307.87 SOUTH COAST MEDICAL CLINIC PRE -EMPLOYMENT DRUG SCREENING 196454 10/12/04 396.00 SPANKY'S, INC. PORTABLE TOILETS SERVICING 196455 10/12/04 120.94 WEBSTER REIMB COMPUTER EQUIPT-INSPIRON 9100 196456 10/12/04 2,226.35 WEST COAST RADIATOR CO CLEAN AND REPAIR FORK LIFT 196457 10/12/04 45.00 WINCAL TECHNOLOGY CORP PARTS AND SERVICE FOR DVR AS NEEDED FC 196458 10/12/04 1,410.00 MAYER REPROGRAPHICS DIGITAL BOND 200071 10/12/04 145.65 MODULAR BUILDING CONCEPTS, INC DELIVERY AND INSTALLATION OF MODULAF 200072 10/12/04 3,400.97 Total Workers compensation checks 193,739.58 4 PAYROLL 8957 10/6/04 102.03 8958 10/6/04 166.48 8959 10/6/04 100.53 8960 10/6/04 320.00 8961 10/6/04 8.33 8962 10/6/04 18.10 8963 10/6/04 880.38 8964 10/6/04 370.00 8965 10/6/04 752.00 8966 10/6/04 60.95 8967 10/6/04 257.59 8968 10/6/04 431.27 8969 10/6/04 1,064.87 8970 10/6/04 78.01 8971 10/6/04 222.37 8972 10/6/04 1,780.00 8973 10/6/04 95.20 8974 10/6/04 412.90 8975 10/6/04 461.81 8976 10/6/04 18.05 8977 10/6/04 265.43 8978 10/6/04 3,674.06 Total 11,54036 Pay period .Start Date End Date Check Date 238 9/14/04 9/27/04 10/6/04 Total 759,551.27 GRAND TOTAL 964,831.21 5 *CK#196436-196458 - TRANSIT WARRANTS 23 CHECKS $ 42,133.99 *CK#200071-200072 - PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION. 2 CHECKS $ 3,546.62 6 City of National City Warrant Register # 15 10/12/04 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111. P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 135 SD COUNTY REG AUTO THEFT TASK 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174. SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 189 CIVIC CENTER REFURBISHING 204 : TRAFFIC EQUIPMENT FOR ALL 211 SECURITY AND ALARM,REGULATION FUND 212 PERSONNEL COMPENSATION FUND 222 WOW MOBILE GRANT FY 2000-2001 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 246 WINGS GRANT 250 NEW FIRE STATION CONSTRUCTION 252 AMERICORPS/CNCS GRANT 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 274 LITERACY INITIATIVE XIII 276 LITERACY SERVICES YEAR 2 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 626,966.63 25,436.78 18,745.50 2,166.24 19,218.50 15,318.09 2,615.55 1,292.41 1,162.49 566.30 1,652.19 2,547.22 4,710.00 1,571.48 7,668.79 774.40 1,258.56 5,033.1.6 2,638.18 2,809.75 3,007.91 27,964.05 3,546.62 3,143.21 28.11 5,256.93 3,032.39 1,009.02 912.49 28,622.12 12,720.52 4,300.12 43,056.56 22,289.36 15,112.44 6,697.96 4,817.60 4,973.85 17,114.01 11,073.72 2,000.00 964,831.21 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER #16 PREPARED BY R. Palazo EXPLANATION DEPARTMENT EXT. Finance Marylou Matienzo 619-336-4330 Ratification of Warrant Register #16 per Government Section Code 37208. i Environmental Review Financial Statement Not applicable. STAFF RECOMMENDATION N/A MIS Approval Approved By: e Director Account No. I recommend ratification of these warrants for a total of $ 937,369.41. BOARD _=OMMI .. IL DATI ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #16 2. Workers Comp Warrant Register dated 10/13/04 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 CERIIFY 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 16TH DAY OF NOVEMBER 2004. AYES NAYS ABSENT Payee CALIFORNIA BALLET PRIME SPORTS SALES & DESIGN PRINCIPAL FINANCIAL GROUP BOARD OF EQUALIZATION AMAZON.COM CREDIT BAKER & TAYLOR BAKER & TAYLOR BARAHONA CENTER BWI CCPH CHECKPOINT SYSTEMS, INC. EMERY-PRATT CO. ' HANSEN LIBRARY SALES JANIE ANDERSON, CFRE LATIN TRADING CORPORATION MIDWEST TAPE NOLO PRESS, INC. QUALITY BOOKS INC. QUILL CORPORATION THE GALE GROUP THE VIDEO STORE SHOPPER U.S. POSTMASTER A-AMERICAN NATIONAL CITY ASCHE AT&T AVIVA TRAVEL • . City of National City WARRANT REGISTER # 16 10/19/04 Description chk no NUTCRACKER SPONSORSHIP 196459 T-SHIRTS FOR NC RECREATION FOOTBLL/CHI196460 401K PPE 10/02/04 FUEL TAX 3RD QTR 2004 BOOKS BOOKS BOOKS BOOKS(GLOBAL LANGUAGE GRANT) BOOKS PERIODICALS AND NEWSPAPERS 196461 196462 196463 196464 196465 196466 196467 196468 MATERIALS & SUPPLIES(CAPITAL OUTLAY) 196469 BOOKS BOOKS CONTRACT SERVICES(CAPITAL OUTLAY) BOOKS(GLOBAL LANGUAGE GRANT) PHOTOGRAPHIC SUPPLIES BOOKS BOOKS DUPLICATING SUPPLIES BOOKS PHOTOGRAPHIC SUPPLIES POSTAGE RENTALS (LIT. INIT. XIII) TRAVEL (AMERICORPS/LSTA Y-2) TELEPHONE (ELLI/WOW) TRAVEL (LIT. INIT. XIII) 196470 196471 196472 196473 196474 196475 196476 196477 196478 196479 196480 196481 196482 196483 196484 chk date amount 10/13/04 10/15/04 10/18/04 10/18/04 10/19/04 10/19/04 596.00 1,534.09 2,391.08 296.75 34.36 1,509.94 10/19/04 12.30 10/19/04 4,017.14 10/19/04 432.83 10/19/04 40.00 10/19/04 68,387.05 10/19/04 7.49 10/19/04 1,968.59 10/19/04 3,185.00 10/19/04 83.33 10/19/04 238.00 10/19/04 28.42 10/19/04 161.25 10/19/04 1,308.39 10/19/04 1,173.03 10/19/04 482.56 10/19/04 222.00 10/19/04 89.00 10/19/04 202.60 10/19/04 179.31 10/19/04 3,642.00 City of National City WARRANT REGISTER # 16 10/19/04 Payee Description chk no chk date amount AYRES SUITES TRAVEL (LIT. INIT. XIII) 196485 10/19/04 3,289.66 BARRINGTON TRAVEL (LIT. SVCS Y-2) 196486 10/19/04 236.20 BAUTISTA TRAVEL (AMERICORPS/LSTA Y-2) 196487 10/19/04 41.48 BEST WESTERN SEVEN SEAS LODG TRAVEL (AMERICORPS/LSTA Y-2) 196488 10/19/04 1,254.64 CALIFORNIA LIBRARY ASSOC. TRAVEL (LIT. INIT. XIII) 196489 10/19/04 8,010.00 CALIFORNIA LITERACY, INC. TRAVEL (LIT. INIT. XIII) 196490 10/19/04 3,000.00 CARIGNAN TRAVEL (AMERICORPS/LSTA Y-2) 196491 10/19/04 102.04 CARLA CAMPBELL LEHN TRAVEL (LIT. INIT. XIII) 196492 10/19/04 290.00 CAROLE TALAN CONTRACT SERVICES (LIB. LIT. AWRNS) 196493 10/19/04 10,000.00 CHECKPOINT SYSTEMS„INC. MATERIALS & SUPPLIES (AMERICORPS/CNCS 196494 10/19/04 18,454.36 CHRIS MCFADDEN TRAVEL (LIT. INIT. XIII) 196495 10/19/04 82.50 CLARK EXPERT SVCS/CONTRACT (E.V.G.) 196496 10/19/04 31,149.96 CLARY CONTRACT SERVICES (LIB. LIT. AWRNS.) 196497 10/19/04 500.00 CM SCHOOL SUPPLY INSTRUCTIONAL SUPPLIES (LIB. LIT. SVCS) 196498 10/19/04 26,981.72 CNA EXPERT SERVICES (AMERICORPS/CNCS) 196499 10/19/04 1,308.00 CORCORAN TRAVEL (LIT. INIT. XIII) 196500 10/19/04 326.26 CORONEL TRAVEL (AMERICORPS/LSTA Y-2) 196501 10/19/04 42.16 DE BROWN TRAVEL (AMERICORPS/LSTA Y-2) 196502 10/19/04 44.97 DEL NORTE COUNTY LIBRARY DIST TRAVEL (AMERICORPS/LSTA Y-2) 196503 10/19/04 680.19 DYNIX INC. CONTRACT SERVICES (LIB. LIT. AWRNS) 196504 10/19/04 17,870.00 FARNSWORTH BOOKS INSTRUCTIONAL SUPPLIES (LIT. SVCS Y-2) 196505 10/19/04 1,050.07 FULGHUM-NUTTERS TRAVEL (AMERICORPS/LSTA Y-2) 196506 10/19/04 238.20 GAYLORD BROS. MATERIALS & SUPPLIES (PRIME TIME) 196507 10/19/04 627.47 GERALD EDWARDS TRAVEL (LIT. INIT. XIII) 196508 10/19/04 56.25 HANSEN LIBRARY SALES INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) 196509 10/19/04 969.75 HENDERSON TRAVEL (AMERICORPS/LSTA Y-2) 196510 10/19/04 28.83 HIBBARD MATERIALS & SUPPLIES (LIT. SVCS Y-2) 196511 10/19/04 23.41 Payee HOWARD HUSON KELLY PAPER LAKESHORE LEARNING MATERIAL LC LASER.COM LINMORE PUBLISHING INC. LITERACYWORKS LTTERACYWORKS LITERACYWORKS LYNN LYNNE PRICE MAIN STREET BAGELS #8 MCGRAW MINDSET SOFTWARE INC MISSISSIPPI IND FOR THE BLIND MORALES WORTAROTTI-R EZ PRODU NANCY N RENISH NCSALL/WOR D EDUCATION HEAL-SCHUMAN PUBLISHERS O'HARA ORIENTAL TRADING, CO., INC. PARKER PA'PNE PECK PHABMIXAy 'REVEDEL City of National CityWARRANTWAKT REGISTER # 16 10/19/04 Descron TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (LIT. INIT. XEI) MATERIALS & SUPPLIES (ELLI) INSTRUCTIONAL SUPPLIES (LIB. LIT. PRINTING & BINDING (E.V.G.) BOOKS (LIB. LIT. AWRNS) CONTRACT SERVICES (LIB. LIT. A CONTRACT SERVICES (LIB. LIT. AWRNS CONTRACT SERVICES (LIB. LIT. AWRNS TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. }III) TRAVEL (LTT. INIT.. AWRNS)196515 196516 196517 WRNS) .) TRAVEL (AMERICORPS/LSTA Y-2) 196523 CONTRACT SERVICES (LIT. 196524 INIT'XIII) 196525 MATERIALS & SUPPLIES (AMERICORPS/LSTA)19 TRAVEL (AMERICORPS/LSTA Y-2) CT CONTRACT SERVICES (LIB. LIT. 196527 AWRNS•) 196528 TRAVEL (AMERICORPS/LSTA Y-2) INSTRUCTIONAL SUPPLIES UPPLIES (LIB. LIT. AWRNS) 196530 BOOKS (LIB. LIT. AWRNS) 196531 INSTRUCTIONAL SUPPLIES INSTRUCTION (LIT' SVCS Y-2) 196532 AL SUPPLIES (LIT. SVCS. Y-2) 196533 TRAVEL (LIT. INIT. XIII) INSTRUCTION 196534 AL SUPPLIES (LIT. SVCS Y-2) 196535. TRAVEL (LIT. INIT. XIII) INSTRUCTION 196536 AL SUPPLIES (LIT. SVCS. Y-2) 196537 TRAVEL (AMERICORPS/LSTA Y-2) 196538 chk no 196512 196513 196514 10/19/04 2,337.46 10/19/04 4,659.63 10/19/04 15,795.00 10/19/04 383.36 196518 10/19/04 10, 000.00 196519 10/19/04 10,000.00 196520 10/19/04 4,500.00 196521 10/19/04 92.00 196522 10/19/04 88.36 10/19/04 275.00 10/19/04 90.13 10/19/04 10,000.00 6526 10/19/04 68.00 10/19/04 chk date ------ amount 10/19/04 �38.20 10/19/04 80.80 44.20 10/19/04 105,000.00 10/19/04 22.30 10/19/04 1,217.58 10/19/04 4,098.50 10/19/04 113.09 10/19/04 533.67 10/19/04 73.84 10/19/04 14.38 10/19/04 27.33 10/19/04 7.49 10/19/04 305.20 Payee PRO LINGUA ASSOCIATES QUILL CORPORATION REYES RIOS SAKAMOTO-JAHNKE SARMIENTO SMART & FINAL SORIANO TANTAMJARIK TAULER TEACHING STUFF INC. THEOBALD TOSTI CHICAGO PUBLIC LIBRARY LITERACY SOLUTIONS AAA RADIATOR WAREHOUSE ACE UNIFORMS & ACCESSORIES,I AE SCANTECH, INC. AJRGAS-WEST ALLEN AMERICAN FORENSIC NURSES AMERICAN TECHNOLOGIES, INC. AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AVIVA TRAVEL AVIVA TRAVEL BCM MECHANICAL INC. City of National City WARRANT REGISTER # 16 10/19/04 chk no Desc ion BOOKS (LIB. LIT. AWRNS) MATERIALS & SUPPLIES (ELLI) CONTRACT SERVICES (E.V.G.) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (LIT. SVCS Y-2) INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/LSTA Y-2) MATERIALS & SUPPLIES (ELLI) TRAVEL/MAT. & SUPPLIES (E.V.G.) TRAVEL (LIT. SVCS Y-2) 196539 196540 196541 196542 196543 196544 196545 196546 196547 196548 196549 196550 196551 196552 BOOKS INSTRUCTIONAL SUPPLIES (LITERACY SVCS) 196553 INV#05-149119 NEW ALTERNATOR FOR UNIT3' 196554 1 POSSE BOX/PARKING OFFICER R CRAWFOFj 196555 BLACK AND WHITE ZONING MAPS 196556 MOP 45714-MISC SAFETY GLASSES 196557 REIME P.O.S.T. MGMT ADVISOR LUNCH 196558 SUSPECT BLOOD WITHDRAWALS, URINE TES 196559 CLAIM: SD KOREAN BAPTIST 196560 96560 CDPD WIRELESS SRVC FOR NCPD #00455353441 CDPD WIRELESS SRVC FOR NCPD #2541076219656 . 2 AIRFARE-BECK/KREPPS/MCGREGOR/PETERS/ 19656 AIRFARE DAVID ESPIRITU/SEP 20-22, 2004 196564 BI-MONTHLY MAINT OF DATA AIRE SEPT 200` 196565 chit date amount 10/19/04 945.00 10/19/04 553.87 10/19/04 2,000.00 10/19/04 25.50 10/19/04 524.40 10/19/04 385.73 10/19/04 32.34 10/19/04 7.28 10/19/04 31.24 10/19/04 81.60 10/19/04 36.92 10/19/04 427.42 10/19/04 47.72 10/19/04 13.00 10/19/04 193.95 10/19/04 232.30 10/19/04 24.77 10/19/04 19.40 10/19/04 59.75 10/19/04 100.36 10/19/04 418.00 10/19/04 3,316.93 10/19/04 2,556.10 10/19/04 499.80 10/19/04 2,074.50 10/19/04 268.20 10/19/04 300.00 4 Payee BDS ENGINEERING INC BDS ENGINEERING INC BEST BEST & KRIEGER LLP BOOT WORLD CAPF CAFE LA MAZE CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CEB CENTURY WHEEL & RIM CHELIUS CHILDREN'S HOSPITAL CHOICEPOINT CITY OF NATIONAL CITY CLARION HOTEL & SUITES CLEAN HARBORS COLLINS STRATEGIC GROUP, INC. CONSTRUCTION ELEC1RONICS INC. CORPORATE EXPRESS CSMFO D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC DAILY JOURNAL CORPORATION DANIEL PEARCE/ RPM WELDING DAPPER TIRE COMPANY DELL MARKETING CORP City of National City WARRANT REGISTER # 16 10/19/04 Description chk no chk date amount. T&A 721 REVIEW MARIPOSA WALK PROJECT 196566 10/19/04 468.00 T&A 642 PLAN CHECK/BONITA CREEK PROF SRVCS SEPT 2004/PERSONNEL ISSUES MOP 64096-SAFETY BOOT MARIO LOPEZ FIRE LTD PLAN OCT 2004 ORAL BOARD LUNCHES FOR AUG & SEP 2004 PD/LTD PLAN OCTOBER 2004 MOP 47557-EXACT FIT WIPER 196567 196568 196569 196570 196571 196572 196573 CONDEMNATION PRAC1'ICE IN CA 2004 UPDA' 196574 SWITCH, BREAKWAY, NYLON ADV MEALS/CHELIUS/OCT 25-29, 2004 CRSE CHILD SEXUAL ASSAULT EXAMS 196577 AUTO TRACK DATABASE - UNLIMITED ACM 196578 PETTY CASH 196575 196576 196579 HOTEL R GUTIERREZ & H CANTERO TRAININi 196580 HAZARDOUS HOUSEHOLD WASTE PICK UP, 196581 INV#04/5 & 7/02 - FACILITATOR FOR CPRC 196582 AUG 2004 MAINT CONTRACT FOR POLICE/FIR:196583 MOP 45704-FOLDER 196584 CSMFO DUES JAN 1-DEC 31, 2005/A HUNTER 196585 T&A 727 STORMWATER/REVIEW HIGHLAND P 196586 T&A 721 REVIEW PLAN MARIPOSA WALK PRC 196587 T&A 761 NEW HORIZONS SCHOOL PROJECT ATTY DIRECTORY RENEWAL # DA1373367 MOP 45749-SWEEPER 196590 GOODYEAR TIRES DELL OPTIPLEX GX270 W/WIRELESS 196588 196589 196591 196592 10/19/04 266.00 10/19/04 262.65 10/19/04 193.91 10/19/04 624.00 10/19/04 216.8E 10/19/04 1,677.00 10/19/04 178.65 10/19/04 98.62 10/19/04 79.52 10/19/04 209.00 10/19/04 692.00 10/19/04 100.00 10/19/04 1,192.70 10/19/04 554.00 10/19/04 85.00 10/19/04 10,419.10 10/19/04 843.55 10/19/04 136.99 10/19/04 100.00 10/19/04 1,748.30 10/19/04 2,661.62 10/19/04 427.91 10/19/04 86.20 10/19/04 420.23 10/19/04 1,463.17 10/19/04 11,740.65 5 Payee DEPT OF CONSERVATION DIRECT EDGE MEDIA DIXIELINE LUMPIER CO. DOCUMENT SERVICES, ISF DONG DONNOE & ASSOCIATES, INC. DREW FORD EMERGENCY VEHICLE SOLUTIONS ENVIRONMENTAL HEALTH ..OALIT FAMILY MARKET & LIQUOR FEDEX FERGUSON ENTERPRISES, INC FLORES FON-JON KENNELS FORTIS BENEFITS INSURANCE CO FORTIS BENEFITS INSURANCE CO G & A AUTO AIR CONDITIONING GHA TECHNOLOGIES GONZALEZ GORMSEN APPLIANCE CO GRAINGER GROSSMAN PSYCHOLOGICAL ASSO GTC SYSTEMS, INC. HANSON AGGREGATES PACIFIC HANSON HARRINGTON INDUSTRIAL PLASTI HEALTH NET City of National City WARRANT REGISTER # 16 10/19/04 Description chk no SMIP FEES FOR JULY 1-SEP 30, 2004 NPDES COLOR PRINTED FLYERS MOP 45707-MARKING PAINT JUL/AUG 2004 MAIL SERVICES REIMB OMNIFORM 5.0 /POLICE DEPT REQUES' 196597 GOVERNMENTAL PURPOSES MOP 49078-WHEEL FOR UNIT 389 SPRG HVY DUTY LIFTUP EHC CONTRACT LEAD HAZARD PUBLIC OUTF REFUND BUSINESS LICENSE FEDEX CHRGS MOP 45723-SS PROBE REIMB TRAINING EXPENSES KENNEL FOR POLICE K9'S WHILE OFFICERS MGMT/LTD 10/2004 STD/LTD INS 10/2004 BLOWER MOTOR CF-WEB273, PANASONIC COMPUTER. PORT ADV MEALS/CAR RENTAL/GONZALEZ DOOR STOP MOP 65179-LADDER 12 FT SHOP TOOLS OFFICER ASSISTANCE PROG OCT-DEC 2004 NETWORK ENGINEERING SERVICES SHEET MIX ASPHALT (a, $31.25/TON. chk date amount 196593 10/19/04 305.61 196594 196595 196596 196615 196616 OVERCHARGED CLIENT REF#04050086 SEP'04 196617 1-1/2" X 1/2" BUSHING MPT XFPT— HEALTH INS 10/2004 10/19/04 10/19/04 10/19/04 10/19/04 196598 10/19/04 196599 10/19/04 196600 10/19/04 196601 10/19/04 196602 10/19/04 196603 10/19/04 196604 10/19/04 196605 10/19/04 196606 10/19/04 196607 10/19/04 196608 10/19/04 196609 10/19/04 196610 10/19/04 196611 10/19/04 196612 10/19/04 196613 10/19/04 196614 10/19/04 10/19/04 10/19/04 10/19/04 196618 10/19/04 196619 10/19/04 440.58 835.89 4,828.77 99.99 837.50 244.00 142.55 15,428.79 90.00 16.93 230.33 395.99 125.00 2,789.20 7,368.36 1,055.44 1,643.19 499.00 70.76 320.84 1,737.50 92.50 515.59 34.25 346.95 57,085.01 6 • Payee HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEARTLAND COMM. FAC. AUTHOR HILTON CHECKERS LOS ANGELES HYDRO-SCAPE PRODUCTS INC. HYDRO-SCAPE PRODUCTS INC. HYDROTEX IMPORT AUTO SPECIALISTS IRON MOUNTAIN RECORDS MGMT J & M CARPET SERVICE JANNEY & JANNEY ATTY SRVC, INC K&RGRAPHIX • KAISER FOUNDATION HEALTH PLA KAISER FOUNDATION HEALTH PLA KERR KILLACKY, KEVIN KINSELLA KIRKPATRICK LA QUINTA LEXIS-NEXIS LINCOLN EQUIPMENT INC. LIONSGATE LONGS DRUG STORES MAAC PROJECT MAINTEX, INC. City of National City WARRANT REGISTER # 16 10/19/04 Description HEALTH NET-57135F/OCT 04 HEALTH-RET INS 85027B 10-2004 HEALTH -ELECT INS 10-2004 85027A HEALTH NET - 57135G OCT 2004 INV#302030 - 2ND QRTR BILLING HCFA MAYOR'S ACCOMMODATION MOP 45720-HUNTER ADJ ROTOR POPUP MOP 45720-MISC PLUMBING SUPPLIES ESSENTIALUBE 55 GAL OIL FILTER STORAGE FEES SEP 2004 chk no 196620 196621 196622 196623 196624 196625 196626 196627 196628 196629 196630 CARPET CLEANING-K MBALL SENIOR CENTS 196631 OCTOBER 2004 RETAINER FEE (3) SETS OF BLACK REFLECTIVE VINYL KAISER INS 10-2004 KAISER RET INS 10-2004 ADV MEALS/MILEAGE/KERR 196632 196633 196634 196635 196636 EDUC REIMB/KILLACKY/FIRE INVSTGTN CRS 196637 RFND CTTATION#NC240327018 DISMISSED 196638 REIMB RED LIGHT CAMERA SEMINAR EXPS 196639 HOTEL RESERVATIONS/BECK/PETERS/SILVA 196640 ONLINE CHARGES FOR SEP 2004 REFLECT FLOOD MED BASE ADV LODGING/FRANCISCO GONZALEZ MOP 45727-PUBLIC SFTY FAIR BUS SUPPLIES 196644 MAAC CONTRACT FOR LEAD HAZARD CONTI 196645 LGE DISP VINYL GLOVE 196646 196641 196642 196643 chk date amount r. 10/19/04 1,958.47 10/19/04 913.37 10/19/04 913.30 10/19/04 313.06 10/19/04 43,585.35 10/19/04 120.84 10/19/04 268.84 10/19/04 12.51 10/19/04 814.61 10/19/04 111.31 10/19/04 75.00 10/19/04 140.00 10/19/04 50.00 10/19/04 71.12 10/19/04 99,403.66 10/19/04 222.85 10/19/04 450.75 10/19/04 161.00 10/19/04 35.00 10/19/04 901.15 10/19/04 1,444.80 10/19/04 132.77 10/19/04 368.79 10/19/04 475.90 10/19/04 22.79 10/19/04 32,902.00 10/19/04 498.39 7 City of National City WARRANT REGISTER # 16 10/19/04 Payee MASON'S SAW & LAWNMOWER SR MAXIMUS, INC. MAYER REPROGRAPHICS MAYER REPROGRAPHICS MAYER REPROGRAPHICS MCDOUGAL LOVE ECKIS SMITH & MULTI -BANK SERVICES LTD N & U TRUCKS & AUTO RECYCLING N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY DELI NATIONAL CITY DETAIL SHOP NATIVIDAD NC SENIOR NUTRITION PROGRAMS NEXUS INTEGRATION SERVICES OFFICE TEAM ORIENTAL TRADING, CO., INC. OUCHI'S POWER EQUIPMENT PALLAS-SPRAGUE PARTS PLUS AUTOSTORE #713 PERRY FORD POWERSTRIDE BA 11 hRY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES, INC. RIVERSIDE COUNTY SHERIFF DEPT RURAL FIRE EQUIPMENT, LLC Description chk no chk date amount 196647 10/19/04 36.28 196648 10/19/04 3,100.00 196649 10/19/04 49.52 196650 10/19/04 28.47 196651 10/19/04 13.20 CLAIM: EDWORDS 196652 10/19/04 40.50 PROVIDIAN NATL BANK & BANK OF NASHVII196653 10/19/04 123.68 196654 10/19/04 150.00 196655 10/19/04 25.00 196656 10/19/04 404.16 196657 10/19/04 35.95 196658 10/19/04 65.00 196659 10/19/04 1,774.00 196660 10/19/04 275.00 ANNUAL MAINTENANCE OF NEAX PHONE SW 196661 10/19/04 5,104.08 TEMPORARY HELP/JULIE WHITE W/E 10/01/04196662 10/19/04 510.00 DOUGH ROLLERS, WOODEN, ITEM #HL-56/850' 196663 10/19/04 250.83 MOP 45729-GALLON GAS CAN 'CITY-WIDE USER FEE' STUDY DIGITAL PRINTS/SPEC 03-10 DIGITAL BOND PRINTS/SPEC 02-1 T&A 642 XEROX BONDS/PRINTS LAMINATED GLASS FLAT SALUTE TO NAVY LUNCHEON/NI MA 11hNZO MOP 45735-CONNECTOR/LINK CONN MAYOR'S WORKSHOP LUNCH MOP 45737-DETAIL-UNIT 389 CLAIM:PERFECTO NATIVIDAD CATERING SEPT 7, 2004 MOP 45740-WEEDER T&A 729 RFND/BOND-DRIVEWAY 1944 J AVE MOP 64946-MISC FLEET SUPPLIES MOP 45703-PROGRAMMED KEYS/ELECTRICAI 196667 PART NO PS 75-775 MOP 45742-LAUNDRY CLEANING SERVICE PERIOD 10-04-3 US-67S. ULTRASOUND, UP TO 7 PLACES ADV TUITION/ANGELA CHELIUS-OCT 25-29 INSPECTION OF FIRE EXTINGUSHING 196664 10/19/04 647.87 196665 10/19/04 2,000.00 196666 10/19/04 50.53 10/19/04 139.95 196668 10/19/04 175.59 196669 10/19/04 137.36 196670 10/19/04 60,721.01 196671 10/19/04 2,366.73 196672 10/19/04 114.00 196673 10/19/04 78.88 8 Payee S & S WORLDWIDE GAMES S.D. ROTARY BROOM CO. INC. SAN DIEGO COUNTY BAR ASSOC SAN DIEGO PET & LAB SUPPLY SANCHEZ SBC/MCI SBC/MCI SD REGIONAL PUBLIC SAFETY SMART & FINAL SOFTCHOICE CORP. SOLAR ECLIPSE SOUTH BAY MOTORSPORTS SOUTHLAND TECHNOLOGY, INC. SOUTHWEST SIGNAL SERVICE, INC. SPARKLETTS STATE COMPENSATION INS FUND SUN BADGE COMPANY INC. SUN TRUST SUPERGLASS WINDSHIELD REPAIR SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER AUTHORITY SYMPRO, INC. TARULLI TIRE SAN DIEGO INC TETRA TECH, INC. THE LIGHTHOUSE, INC. City of National City WARRANT REGISTER # 16 10/19/04 Description chk no chk date amount TENNIS TABLE, STIGA QUICK PLAY, 9FTX, 196674 10/19/04 337.67 MOP 62683-600 METAL BASE MATERIAL KIT 196675 2005 SDCBA DUES/EISER & BRADECKY MOP 45753-IAMS DOG 40LB ASST T&A 759 - 2303 F AVENUE/DRIVEWAY TELECOMMUNICATION #619-474-0623-035 TELECOMMUNICATION #619 477-97519616 ADV TUITION/FRANCISCO GONZALEZ MOP 45756-MISC SUPPLIES WINDOW TINT BA F1'ERY HP LASER JET 2300N PRINTER, 25 PPM, 48 196676 196677 196678 196679 196680 196681 196682 NEATSUITE F/MS EXCHANGE -MEDIA CD ROM 196683 196684 196685 196686 SEPT 2004 TRAFFIC SIGNAL/LIGHTING SRVCS 196687 WATER FOR MAYOR AND CITY COUNCIL OFF 196688 WC TPA CHARGES SEP 2004 MOP 45761-SUNTONE BADGES FIRE TRUCK RENTAL PMT#8 10/30/04 WINDSHIELD FOR UNIT 347/402/418 STREET/WATER BILLS 10 ACCTS SEWER/WATER BILLS #920-3000-0 SEWER/WATER BILLS #920-1000-0 PARKS/WATER BILLS #920-6000-0 196689 196690 196691 196692 196693 196694 196695 196696 ANNUAL MAINTENANCE AND SUPPORT RENT 196697 MOP 47940-HOURLY RATE.SEAL VALVE CAPS 196698 T&A 727 HIGHLAND PARK HOMES 196699 MOP 45726-LAMP/PIGTAIL/GROOMMETBRAC1196700 10/19/04 390.32 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 310.00 32.86 100.00 828.67 53.05 97.00 227.19 36.55 65.00 30.13 912.64 18,452.15 70.65 6,664.35 84.31 5,009.63 105.00 3,815.50 69.66 42.60 40.14 3,825.13 204.53 985.00 116.90 9 City of National City WARRANT REGISTER # 16 10/19/04 Payee THE STAR NEWS TOPECO PRODUCTS TRAINING OFFICERS SYMPOSIUM TREES TURNING POINT TRAFFIC SERVICE TURNING POINT TRAFFIC SERVICE UNDERGROUND SERV ALERT UNITED PARCEL SERVICE US STERLING CAPITAL CORI' VALLEY INDUSTRIAL SPECIAL 11hS VULCAN MATERIALS COMPANY WEST GROUP PAYMENT CENTER WOOD & WOOD WOOD & WOOD ZUMAR INDUSTRIES BAYSHORE TRANSIT MGMT INC CALIFORNIA TRANSIT ASSOCIATIO CINTAS CORPORATION #694 COLORALL TECHNOLOGIES COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO Description LEGAL ADVERTISING OCT 18, 2004 MOP 63849-MISC HEX CAP SCREW -STOCK chk no chk date amount 196701 10/19/04 164:00 196702 10/19/04 76.24 REGISTRATION "FALL TRAINING SYMPOSIUMV 196703 REIMB FOOD PROVIDED CLEANUP EVNT 10/9/196704 2ND STREET & HIGHLAND AVENUE 196705 CHERRY BLOSSOM ST/BTRCUP LN&HONEYSI.196706 196707 196708 196709 196710 196711 196712 196713 196714 196715 196716 196717 196718 196719, 196720 196721 196722 196723 196724 196725 196726 196727 OCTOBER 2004 SRVCS UPS SHIPMENT TRADE SETTLING SRVCS 9/18/04 & 9/24/04 MOP 46453-BRADLEY 1020 VALVE COLD MD( ON-LINE CHARGES FOR SEPT 2004 CLAIM: FRISBIE CLAIM: HANKS GUIDE SIGN PAYROLL CK DTD 10/08/04 CONF REGIST FOR CAL ACT CONF. MAINT LAUNDRY SERVICE BUS REPAIRS AS NEEDED FOR FY0405 BUS ROUTE #602 SCHEDULES OFFICE SUPPLIES PPE 10/02/04 PPE 10/02/04 PPE 10/02/04 PPE 10/02/04 CREST OFFSET PRINTING COMPAN PRINTING OF BUS SCHEDULES CUMMINS CAL PACIFIC, LLC TRAINING CLASS 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 1,975.00 103.08 540.00 75.00 282.80 40.60 49.09 1,030.10 1,084.18 626.71 2,626.00 481.00 2,676.88 47,156.19 275.00 176.60 950.00 601.27 205.49 258.05 150.00 50.00 23.04 906.18 304.57 10 City of National City WARRANT REGISTER # 16 10/19/04 Payee DEFENDER TRAINING & CONSULTII' DIXIELINE LUMBER CO EW TRUCK & EQUIPMENT CO INC GREAT AMERICAN INSURANCE CO LB.N. PROTECTION PRODUCTS INDUSTRIAL SUPPLY DISTRIBUTOR LASER SAVER INC MWANGI NAPA AUTO PARTS SAFETY-KLEEN SYSTEMS, INC. SOUTH COAST MEDICAL CLINIC TOPECO PRODUCTS WEBSTER KATZ OKITSU & ASSOCIATES Description chk no chk date amount THEORETICAL SEMINAR: SUICIDE BOMBER 196728 10/19/04 129.00 SHOP SUPPLIES AUTOMOTIVE PARTS AS NEEDED WORKERS COMP - 10/21 196729 196730 196731 EMERGENCY ESCAPE GAS MASKS, POTOMAC 196732 SHOP SUPPLIES HP BLACK INKJET OEM 196733 196734 TRAVEL EXPENSES - CUMMINS TRAINING CL.196735 AUTO PARTS WASTE REMOVAL DRIVING PHYSICAL SHOP SUPPLIES 196736 196737 196738 196739 REIMB HEMET ROADEO EXPS/WEBSTER/JAM1196740 JULY 19-AUG 15, 2004 SRVCS-NC FIBER PS&E 200073 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 10/19/04 109.20 265.37 10,672.92 5,472.50 611.63 21.55 136.66 12.74 673.18 108.00 43.35 188.45 1,265.00 Total Workers compensation checks 8979 8980 8981 8982 8983 8984 8985 8987 8988 8989 8990 $ 928,936.80 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 10/13/04 240.50 104.01 2,190.00 114.92 12.85 320.00 370.00 32.30 309.75 1,742.00 252.26 11 City of National City WARRANT REGISTER # 16 10/19/04 Pavee Description chk no chk date. amount 8991 10/13/04 39.98 8992 10/13/04 175.08 8993 10/13/04 266.32. 8994 10/13/04 110.50 8995 10/13/04 244.38 8996 10/13/04 475.00 8997 10/13/04 808.37 8998 10/13/04 234.13 8999 10/13/04 137.06 9000 10/13/04 198.20 9001 10/13/04 55.00 Total $ 8,432.61 *CK#8986 — VOID *CK# 196463-196553 . *CK#196716-196740 *CK#200073 Grand Total 937,369.41 — LIBRARY WARRANTS 91 CHECKS $389,434.20 — TRANSIT WARRANTS 25 CHECKS $ 69,500.94 — PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION. 1 CHECK $ 1,265.00 12 City of National City WARRANT REGISTER #16 10/19/04 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 172 MASH RATE STABILIZATION FUND 202 , FY 98 COPS MORE 208 , SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 222 , WOW MOBILE GRANT FY 2000-2001 225 ENGLISH LANGUAGE LITERACY INCENTIVE ELLI 226 LIBRARY LITERACY AWARENESS PROJECT 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 247 LITERACY SERVICES I 250 NEW FIRE STATION CONSTRUC 1TON 252 AMERICORPS/CNCS GRANT 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 274 Ll'1 bRACY INITIATIVE XIII 275 EASY VOTER GUIDE GRANT 276 LITERACY SERVICES YEAR 2 278 AMERICORPS LSTA GRANT II 279 PRIME TIME FAMILY READING TIME 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS TOTAL 320,953.61 7,632.16 388.76 71,572.05 3,709.52 121.04 1,164.44 861.18 329.37 85.00 4,100.47 11,740.65 119.19 2,364.11 196,155.79 912.64 43.04 193.95 1,265.00 19,794.36 1,534.09 48,726.78 30,185.65 49,372.38 3,368.46 3,948.16 627.47 7,800.07 15,618.71 72,989.74 3,101.93 23,335.39 1,177.69 5,098.71 36.55 9,041.70 50.00 5,771.82 3,407.75 8,670.03 937,369.41 13 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 14 AGENDA ITEM NO. ! ITEM TITLE WARRANT REGISTER #17 PREPARED BY DEPARTMENT R. Palazo Finance EXPLANATION Marylou Matienzo 619-336-4330 Ratification of Warrant Register #17 per Government Section Code 37208. EXT. Environmental Review N/A MIS Approval Financial Statement Not applicable. STAFF RECOMMENDATION Approved B inanc=' ice. Account No. I recommend ratification of these warrants for a total of $ 1,182,487.55. BAR 'w ; COMMI I N R " OMMENDATN ATTACHMENTS ( Listed Below ( Resolution No. 1. Warrant Register #17 2. Workers Comp Warrant Register dated 10/20/04 3. Payroll Warrant Register dated 10/20/04 2 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. FINAN IRECTOR 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 16TH DAY OF NOVEMBER 2004. AYES NAYS ABSENT Payee DELTACARE (PMI) FORTIS BENEFITS FORTIS BENEFITS INSURANCE CO DELTA DENTAL CA DEBT & INVESTMENT ADVISORY A-1 HYDRAULICS SERVICE INC AAA RADIATOR WAREHOUSE ADAMSON INDUSTRIES (SOUTH) AIRGAS-WEST ALLSPORTS FLOORING ARCO GASPRO PLUS AT&T WIRELESS SERVICES AVIVA TRAVEL BA]. fERY SPECIALTIES BOOT WORLD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA POLICE CHIEFS' CARQUEST AUTO PARTS CARRIER JOHNSON, INC: CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS CORPORATE EXPRESS COUNTY OF SAN DIEGO D-MAX ENGINEERING INC City of National City WARRANT REGISTER # 17 10/26/04 Description chk no chk date amount DENTAL INS OCT 2004 196741 10/21/04 3,640.64 VTL INS 10/2004 196742 10/21/04 2,281.99 LIFE INS OCT 2004. 196743 10/21/04 1,870.56 DENTAL INS OCT 2004 196744 10/21/04 15,078.37 INVESTMENT WORKSHOP-C ZAPATA 196745 10/25/04 75.00 LABOR/HAZMAT 196746 10/26/04 136.00 ALTERNATOR 196747 10/26/04 111.28 SAFETY VESTS, SECOND CHANCE MONARCH 196748 10/26/04 5,035.22 MOP 45714-MISC SUPPLIES 196749 10/26/04 60.19 REFINISH CAMACHO GYM FLOOR 196750 10/26/04 3,354.54 FUEL FOR CITY FLEET 196751 10/26/04 18,666.02 WIRELESS SRVC #043-741264 196752 10/26/04 141.63 AIRFARE/GONZALEZ FRANCISCO. 196753 10/26/04 242.20 DRY CELL BATTERIES 196754 10/26/04 137.75 MOP 64096-SFTY BOOT FOR D CASTELLANOS 196755 10/26/04 252.07 MOP 45754-LABOR STANDRAD CODE KEY 196756 10/26/04 9.54 MOP 45698-LIGHTS FOR LAS PALMAS 196757 10/26/04 475.63 ADV REG/ADOLFO GONZALEZ 196758 10/26/04 452.00 MOP 47557-GAS CAP 196759 10/26/04 132.29 SRVCS AUG30-SEP26, 2004 NC LIB BASIC SRV 196760 10/26/04 20,224.76 CLAIM: SD KOREAN CHURCH 196761 10/26/04 948.60 HAZARDOUS HOUSEHOLD WASTE PICK UP, A 196762 10/26/04 432.50 MOP 45704-PRINT CARTRIDGES 196763 10/26/04 129.58 NOV 2, 2004 CONSOLIDATED COSTS/BALLOT 196764 10/26/04 16,044.00 SEPT 2004 SRVCS-STORM WATER 196765 10/26/04 11,861.01 1 D3 EQUIPMENT KIT, GAS 196766 10/26/04 823.27 DELL MARKETING CORP DELL OPTIPLEX GX280 SMALL DESKTOP 196767 10/26/04 2,930.11 DIAZ EDUC REIMB/ERNESTO DIAZ 196768 10/26/04 296.00 DISCOUNT SPECIALTY CHEMICALS RED DEO CRYSTALS 196769 10/26/04 348.97 DIXIELINE LUMBER CO. MOP 45707-SCRWDRVR/FOLDING SAW/MECH' 196770 10/26/04 850.26 DOKKEN ENGINEERING SEPT 2004 SRVCS-PLAZA BLVD WIDENING 196771 10/26/04 15,196.38 DOUGLAS E. BARNHART, INC SEPT 2004 SRVCS-CONSTRUCTION MGMT 196772 10/26/04 18,262.00 DREW FORD FMC CORE 196773 10/26/04 710.49 ESGIL CORPORATION PLANS SENT TO ESGIL 9/01/04 THRU 9/30/04 196774 10/26/04 5,447.78 FAST SIGNS BANNER, BLACK/BLUE/RED, 14 OZ 196775 10/26/04 143.31 FEDERAL SIGNAL CORPORATION SERVICE DEPT LABOR 196776 10/26/04 104.35 FLAGHOUSE INC. GYM FLOOR TAPE, RED & ROYAL BLUE 196777 10/26/04 52.71 GRAINGER MOP 65179-CONTACTOR,4POLE/FUSE 196778 10/26/04 288.90 HAWORTH C/O SD OFFICE INTERIOR BIG AND TALL CHAIRS #M271-2943, PNEU, 196779 10/26/04 3,387.92 HERNANDEZ EDUC REIMB/ALEJANDRO HERNANDEZ 196780 10/26/04 480.00 HERNANDEZ ADV MEALS/M HERNANDEZ-CCUG CONF 196781 10/26/04 209.00 IKON OFFICE SOLUTIONS/IOS COPIER METER READINGS 6/30-9/29/04 196782 10/26/04 13,498.92 JAMES PUBLISHING BOOK "GUERRILLA DISCOVERY"/FOR G EISER 196783 10/26/04 106.18 JEFF KATZ ARCHITECTURE SEPT 2004 ARCHITECTURAL SRVCS 196784 10/26/04 2,500.00 JODI L. DOUCETTE PROF SRVCS SEP 01 - OCT 15, 2004 196785 10/26/04 1,524.75 KLEINFELDER, INC. PROF SRVCS SEPT 2004-NC PUBLIC LIBRARY 196786 10/26/04 16,177.00 LAKESHORE LEARNING MATERIALS MISC CRAFT SUPPLIES, IE CONSTRUCTION 196787 10/26/04 200.70 LEXIS-NEXIS ON LINE CHARGES FOR OCT 2004 196788 10/26/04 38.20 LOVE ADV MEALS/R LOVE-CCUG CONF 196789 10/26/04 209.00 MAINTEX, INC. PUMICE STONE 196790 10/26/04 657.28 MANAGER'S EDGE SUBSCRIPTION TO MANAGER'S EDGE 196791 10/26/04 97.00 MAYER REPROGRAPHICS DIGITAL BOND - 196792 10/26/04 1,002.55 MAYER REPROGRAPHICS DIGITAL BOND PRINTING 196793 10/26/04 36.12 MAYER REPROGRAPHICS DIGITAL BOND PRINTING 196794 10/26/04 24.40 NATIONAL CITY CAR WASH SEPT 2004 CAR WASHES FOR FLEET 196795 10/26/04 369.00 NATIONAL NOTARY ASSOCIATION NNA MEMBERSHIP 2004-2005 RONNI ZENGOTA 196796 10/26/04 45.00 NC SENIOR NUTRITION PROGRAMS NEXUS INTEGRATION SERVICES ORIENTAL TRADING, CO., INC. PALM SPRINGS RIVIERA PALM SPRINGS RIVIERA PARTS PLUS AUTOSTORE #713 PERRY FORD PERVO TRAFFIC CENTER PRUDENTIAL OVERALL SUPPLY QUALA-TEL ENTERPRISES, INC. REGENTS, U.C. ROAD ONE TOWING S.D. COUNTY SHERIFF'S DEPT. SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SD KOREAN CHURCH SDCBA SMART & FINAL SMART & FINAL STORE #347 SOUTH BAY MOTORSPORTS SOUTHWEST PAINT & BODY, INC. SUN BADGE COMPANY INC. SWEETWATER AUTHORITY THE LIGHTHOUSE, INC. THE STAR NEWS TIPTON UNITED PARCEL SERVICE LUNCHES FOR EOC DRILL 08/16/04 CATERING PHONE 'MOVE- ADD- CHANGE SERVICES, AS MISC CRAFT SUPPLIES, IE NECKLACE KIT, ADV LODGING/RENEE LOVE -CCUG CONF ADV LODGING/MARIE HERNANDEZ-CCUG C01 MOP 64946-ANC RDB20/RANYDAY BLADE LABOR TO REPLACE ALL BEARING REPLACEI MOP 63846-STEEL BAND MOP 45742-LAUNDRY CLEANING INSTALLATION UC RIVERSIDE EXTENSION-GINNY ORCUTT MOP 45687-TOWING BOOKING FEES FOR JUL 1-SEP 30, 2004 ADVERTISING BIDS FOR SPEC 04-7 STREET/ELECTRIC BILL#10093014384 SEWER/ELECTRIC BILL#98917081416 FACILITY/ELECTRIC BILL #10091911839 SEWER/ELECTRIC BILL#10092646814 SEWER/ELECTRIC BILL #29491892373 CLAIM: SD KOREAN CHURCH SDCBA SEMINAR-RUDOLF HRADECKY MOP 45756-MISC FOR COMMUNITY SERVICES MOP 45756-MISC CONFERENCE SUPPLIES ARM, CARRIER S. DAMPER REPAIR LT SIDE PANEL UNIT 419 MOP 45761-SUNTONE BADGES FACILITIES/WATER BILLS 12 ACCOUNTS MOP 45726-STROBE LAMP/TROUBLE LIGHT PROOF OF PUBLICATION OF NC14358 ORD CIT REIMB CACE TRAINING TRAVEL EXPS UPS SHIPMENT 196825 196826 196827 196797 10/26/04 155.25 196798 10/26/04 2,028.00 196799 10/26/04 610.05 196800 10/26/04 621.05 196801 10/26/04 621.05 196802 10/26/04 30.91 196803 10/26/04 995.05 196804 10/26/04 230.02 196805 10/26/04 207.65 196806 10/26/04 825.00 196807 10/26/04 155.00 196808 10/26/04 600.00 196809 10/26/04 66,682.00. 196810 10/26/04 178.20 196811 10/26/04 26,096.70 196812 10/26/04 3,569.28 196813 10/26/04 668.55 196814 10/26/04 83.31 196815 10/26/04 33.32 196816 10/26/04 200.00 196817 10/26/04 49.00 196818 10/26/04 580.18 196819. 10/26/04 104.51 196820. 10/26/04 74.57 196821 10/26/04 507.00 196822 10/26/04 289.03 196823 10/26/04 23,908.17 196824 10/26/04 429.22 10/26/04 46.13 10/26/04 277.72 10/26/04 21.40 3 VALLEY INDUSTRIAL SPECIALTIES MOP 46453-MISC SUPPLIES FOR EL TOYON 196828 10/26/04 319.62 WEST GROUP PAYMENT CENTER INSTALLMENT PMNT/PRINCIPAL 9/30/04 196829 10/26/04 133.17 WILLY'S ELECTRONIC SUPPLY MOP 45763-TRIPLE JACKET CORD/JUMPER TES 196830 10/26/04 28.91 BATTERY SYSTEMS INV#18-008027 - C-8D-BT 12V COMM'L 196831 10/26/04 372.60 BRIDGESTONE/FIRESTONE, INC. DAMAGED TIRE 196832 10/26/04 172.57 BUCK PETROLEUM CO INV#85436 - AF- 50/50- 196833 10/26/04 1,096.96 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 196834 10/26/04 176.60 CINTAS FIRST AID & SAFETY FIRST AID KIT 196835 10/26/04 96.17 CORPORATE EXPRESS OFFICE SUPPLIES 196836 10/26/04 283.80 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY05 196837 10/26/04 1,028.93 DIXIELINE LUMBER CO SHOP SUPPLIES 196838 . 10/26/04 15.73 FEDEX OVERNIGHT CHARGES 196839 10/26/04 30.65 FIRST ADVANTAGE CORPORATION DRUG SCREENING 196840 10/26/04 555.00 INDUSTRIAL SUPPLY DISTRIBUTORS GRAFITT1/SPRAY PAINT REMOVAL 196841 10/26/04 66.48 JIM'S GLASS & SCREENS INV#505727/505649 -RPLC WINDOW BUS #6006 196842 10/26/04 809.46 KAISER FOUNDATION HEALTH PLAN HEALTH INSUR. NOV. '04 196843 10/26/04 9,916.00 KIMBALL MIDWEST 87070 SHEET 196844 10/26/04 768.13 MAAC PROJECT CHILDREN'S HOLIDAY FUNDRAISER 10/07/04 196845 10/26/04 200.00 NATIONAL INTERSTATE INS CO. LIABILITY INSURANCE 10/28/04 196846 10/26/04 15,000.00 NEW FLYER PARTS COCK AIR ASSY 196847 10/26/04 1,464.76 NEXTEL COMMUNICATIONS PHONE CHARGES 9/10/04 - 10/09/04 196848 10/26/04 603.57 PERSONNEL CONCEPTS 1 YR SUBSCRIPTION - POSTER UPDATES 196849 10/26/04 106.78 SAFETY-KLEEN SYSTEMS, INC. HAZARDOUS WASTE REMOVAL 196850 10/26/04 173.15 SBC* PHONE 10/05/04 - 11/04/04 196851 10/26/04 309.08 SPARKLETTS SPARKLETTS 9/10/04 - 10/07/04 196852 10/26/04 106.75 THE STAR NEWS 1 YEAR SUBSCRIPTION 196853 10/26/04 25.00 CA DEBT & INVESTMENT ADVISORY MECHANICS OF BOND SALE SEMINAR/A HUNT 196854 10/26/04 220.00 NATIONAL CITY DELI MAYORS WORKSHOP 196855 10/26/04 54.00 SHERATON FISHERMAN'S WHARF LEAGUE OF CA CITIES-LATINO CAUCUS 196856 10/26/04 124.26 JEFF KATZ ARCHITECTURE SEPT 2004 CONSULTING SRVCS FIRE STATION 200074 10/26/04 4,814.30 RUDOLPH AND SLETTEN, INC CONSTRUCTION MGMT SRVS P/E 09/26/04 200075 10/26/04 17,505.00 4 Workers compensation checks Total 375,265.67 9002 10/20/04 205.71 9003 10/20/04 94.01 9004 10/20/04 320.00 9005 10/20/04 370.00 9006 10/20/04 1,231.79 9007 10/20/04 3.56 9008 10/20/04 73.60 9009 10/20/04 230.78 9010 10/20/04 1,661.18 9011 10/20/04 64.65 9012 10/20/04 76.71 9013 10/20/04 83.94 9014 10/20/04 129.07 9015 10/20/04 47.60 9016 10/20/04 60.77 9017 10/20/04 166.67 9018 10/20/04 321.30 9019 10/20/04 59.29 9020 10/20/04 89.18 9021 10/20/04 59.88 9022 10/20/04 4,244.03 9023 10/20/04 131.46 9024 10/20/04 1,425.62 9025 10/20/04 324.85 9026 10/20/04 110.50 9027 10/20/04 123.32 9028 10/20/04 59.29 9029 10/20/04 78.06 5 PAYROLL 9030 10/20/04 427.37 9031 10/20/04 28.20 9032 10/20/04 116.28 9033 10/20/04 149.29 9034 10/20/04 63.97 9035 10/20/04 230.72 9036 10/20/04 208.30 Total 13,070.95 Pay period Start Date End Date Check Date 239 9/28/04 10/11/04 10/20/04 Total 794,150.93 GRAND TOTAL 1,182,487.55 *C10196831-196853 - TRANSIT WARRANTS 23 CHECKS $ 33,378.17 *C10 200074-200075 - PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION. 2 CHECKS $ 22,319.30 6 F City of National City Warrant Register # 17 10/26/04 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 110 EMERGENCY PREPAREDNESS FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 135 SD COUNTY REG AUTO THEFT TASK 136 TINY TOT CLASSES FUND 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATERSCHOOL DIST CONTRAC. 188 GRANT - HIDTA 189 CIVIC CENTER REFURBISHING 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 222 WOW MOBILE GRANT FY 2000-2001 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 241 NATIONAL CITY LIBRARY STATE GRANT 242 N. CITY LIBRARY MATCHING FUND 246 WINGS GRANT 250 NEW FIRE STATION CONSTRUCTION. 252 AMERICORPS/CNCS GRANT 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 274 LITERACY INITIATIVE XIII 276 LITERACY SERVICES YEAR 2 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 726,992.27 24,979.91 17,984.33 194.58 155.25 694.20 5,447.78 24,812.76 2,811.02 994.06 1,388.99 1,363.08 621.92 2,084.69 3,251.76 5,248.82 1,659.59 2,733.54 3,387.92 1,258.56 1,307.89 2,704.03 5,462.62 2,534.21 35,531.44 19,132.32 26,929.11 22,319.30 3,143.22 351.48 6,134.18 3,383.15 1,009.02 868.79 8,912.18 16,169.35 8,125.12 7 312 STP LOCAL/TRANSNET HIGHWAY 10,816.13 348 STATE GRANT 527.38 552 TDA 33,378.17 626 FACILITIES MAINT FUND 43,588.59 627 LIABILITY INS. FUND 17,791.63 628 GENERAL SERVICES FUND 18,783.45 629 INFORMATION SYSTEMS MAINTENANC 4,256.02 630 OFFICE EQUIPMENT DEPRECIATION 422.81 631 TELECOMMUNICATIONS REVOLVING 6,879.53 632 GENERAL ACCOUNTING SERVICES 17,165.64 643 MOTOR VEHICLE SVC FUND 35,001.27 724 COBRA/RETIREE INSURANCE 929.08 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 865.41. Total 1,182,487.55 8 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 16, 2004 15 AGENDA ITEM NO. (-ITEM TITLE CLAIM FOR DAMAGES:George Moises Ramos PREPARED BY Michael R. Dalla, CMCQ'ARTMENT City Clerk EXPLANATION The claim of George Moises Ramos arises from an occurrence on January 29, 2004 and was filed with the City Clerk's Office on August 2, 2004 1 ( Environmental Review Financial Statement N/A ' 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 Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 16, 2004 AGENDA ITEM NO. 16 / ITEM TITLE CLAIM FOR DAMAGES:Miguel Garcia PREPARED BY Michael R. Dalla, CNI(,1RTMENT City Clerk EXPLANATION The claim of Miguel Garcia arises from an occurrence on March 5, 2004 and was filed with the City Clerk's Office on September 3, 2004 ( Environmental Review NIA 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 Resolution No, A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE November 16, 2004 AGENDA ITEM NO. 17 ITEM TITLE CLAIM FOR DAMAGES:Corina Y. Lopez PREPARED BY Michael R. Dalla, CMIDEPARTMENT City Clerk EXPLANATION The claim of Corina Y. Lopez arises from an occurrence on October 4, 2004 and was filed with the City Clerk's Office on October 5, 2004 1 Environmental Review_ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below N/A Resolution No. A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE November 16, 2004 18 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES:Jamila Y Childs PREPARED BY Michael R. Dalla, CM "� PARTMENT City Clerk EXPLANATION The claim of Jamila Y Childs arises from an occurrence on August 1, 2004 and was filed with the City Clerk's Office on October 7, 2004 CEnvironmental Review XX— NIA 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 Resolution No. A-200 (9//99) City of National City **REFER TO ITEM #24 COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2004 AGENDA ITEM NO. 19 ITEM TITLE: PUBLIC HEARIN : REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY: Ben Martinez, DEPARTMENT Community Development Commission Executive Director 336-4250 EXPLANATION: In Fiscal Year 2003-2004 the National City Engineering Department submitted a request for funding on behalf of the National City Historical Society for the purpose of funding the resurfacing of the Granger Music Hall parking lot. After consideration from the Engineering Department, it was determined that the $10,000 funded were not sufficient to cover the costs associated with this project. At this time, the Na- tional City Historical Society has requested that the funds be reallocated from the National City Engi- neering Department to the National City Historical Society for capital improvements to Granger Music Hall. Environmental Review X NIA Financial Statement No affect. There will be neither a gain nor loss in federal grant monies to the City resulting from this reallocation. STAFF RECOMMENDATION That the City Council hold a Public Hearing; solicit and consider any public input. BOARD/COMMISSION RECOMMENDATION Not Applicable ATTACHMENTS (Listed Below) 1. Notice of Public Hearing Resolution No. PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. 1 am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of January 18, 1973, Case Number 71752; that the notice, of which the annexed is a printed copy (set in type not smaller than non- pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 11/5 all in the year 2004. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 5th day of November 2004. Signature Proof of Publication of NC14372 Public Hearing: CDBG 6_._ Council Chatters; "12% National._ Cig4-.8oUlevard, National Cdy, Calrforpia The Public Hearing is to: obtain the views of res_i- nts r gardin ":the realit*; tDBG Ben 1V Executrue NC14372 nez Director, ::..11/5/04' City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. 20 /ITEM TITLE Public Hearing — Tentative Subdivision Map to Create Commercial Condominium Ownership of an Existing Medical Office Complex at 2340 E. 8th Street (Applicant: Michael O'Leary) (Case File No.: S-2004-9) be PREPARE® Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION This proposal is for a one -acre property at 2340 E. 8th Street that is developed with a 11,180 square foot medical office complex. It would allow for individual ownership of the 11 office suites. The Planning Commission recommended approval of this project at their October 4, 2004 meeting. The attached background report describes the proposal in detail. 1 Environmental Review X N/A Exempt MIS Approval Financial Statement Approved By: N/A STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. Finance Director Account No. BOARD / COMMISSION EC E ATIO The Planning Commission recommended approval of the Tentative Subdivision Map and Conditional Use Permit. Vote: Ayes -Carrillo, Pruitt, Alvarado, Flores, Reynolds, Baca Absent- Martinelli Ahgtain• Graham, Saludares ATTACHMENTS ( Listed Below ) 1. Backgroung Report 2. Planning Commission Resolution No. 36-2004 Including Findings and Conditions of Approval 3. Location Map A-200 (Hey. uSito Photographs by applicant 5. Notice of Exemption Resolution No. 6. Department Comments 7. Applications 8. Applicant's Plans (Exhibits A) BACKGROUND REPORT The project site is located on the south side of 8th Street about 150 feet west of Euclid Avenue in the Private Institutional -Planned Development (IP-PD) Zone. The one -acre site is L-shaped; it has approximately 139 feet of frontage on 8th Street and 89 feet on Euclid Avenue. It is developed with a medical office complex consisting of two one-story buildings, built in 1967, that form an interior courtyard area. Both buildings are located within 22 feet of 8th Street; the larger of the two extends south almost 200 feet to within 4 feet of the rear property line. There are 11 suites totaling 11,180 square feet of floor area. Other site improvements include a 50 space parking lot adjacent to the east side of the buildings; it wraps around toward Euclid Avenue. Portions of the interior courtyard and the area between the buildings and 8th Street are landscaped. The applicant proposes a one -lot subdivision to allow for individual ownership of the existing medical office suites and for common ownership of the land. In the attached application materials, the applicant notes their intention to sell the suites to the current occupants, or to restructure the lease and maintenance agreements to better ensure property maintenance/performance. The applicant also identifies a number of improvements that have recently been made to the property. The improvements include a new irrigation system, repaired roof, new lighting, new signage, new paint and resurfaced parking lot (see the attached application for a complete list). No other significant improvements or physical changes to the site are planned at this time. Conditions of approval requiring a declaration of Covenants, Conditions and Restrictions (CCRs) and an owners association have been included to ensure that the property will be adequately maintained in the future. Conditions recommended by the Engineering Department, including one requiring the undergrounding of utilities, have also been included. Planning Commission held a public hearing on this item at their October 4, 2004 meeting. There was no public testimony at the meeting, but the Commissioners discussed the intent and ability of the current business occupants to purchase the suite they occupy. The Commission recommended approval of the commercial subdivision noting that it will be consistent with the City's General Plan. RESOLUTION NO. 36-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO CREATE COMMERCIAL CONDOMINIUM OWNERSHIP OF AN EXISTING MEDICAL OFFICE COMPLEX AT 2340 EAST 8TH STREET APPLICANT: MICHAEL O'LEARY CASE FILE NO. S-2004-9 WHEREAS, application was made for approval of a tentative subdivision map to create commercial condominium ownership of an existing medical office complex at 2340 East 8th Street on property generally described as: All of the northeasterly 330.00 feet of the Northwesterly 275.00 feet of the Northeast Quarter of Quarter Section 129 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869 WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on October 4, 2004 at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2004-9 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposal will result in increased property valuation while increasing the likelihood of adequate property conservation, and since there are no applicable specific plans. 2. The site is physically suitable for the proposed type of development, since no development is proposed; only a change of ownership of existing development will take place. 3. The site is physically suitable for the proposed density of development, since no development is proposed; only a change of ownership of existing development will take place. 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 no development is proposed; only a change of ownership of existing development will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The 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. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map to create commercial condominium ownership of an existing medical office complex at 2340 E. 8th Street, subject to the following conditions: 1. This Tentative Subdivision Map authorizes a one -lot division with up to 11 commercial condominium units. Except as required by conditions of approval, all plans submitted for permits associated ,,with the project shall conform with Exhibit A, Case File no. S-2004-9, dated 8/4/2004. 2. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained p the agreement. The CC&R's shall in ' e a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 3. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 4. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains, landscape areas, or a curb outlet. Adjacent properties shall be protected from surface run-off fry, u i this development. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. A private storm water filter treatment maintenance agreement shall be signed and recorded. 5. A cost estimate shall be submitted with the plans. Airy +rformance 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. The deposit is subject to adjustment according to actual worked hours. 6. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 7. 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. 8. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 9. 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. 10. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 11. All new property line survey monuments shall be set on private property, unless otherwise approved. 12. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The .ogle of grid divergence from a true an, 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. 13. Before this Tentative Subdivision Map 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 Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 14. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning .Commission at their meeting of October 18, 2004 by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLROES, BACA, REYNOLDS. NAYS: ABSENT: GRAHAM. ABSTAIN: SALUDARES, MARTINELLI. ®�IAI]Zp!i AN J NATIONAL CITY MEDICAL ARTS-BUILD1NG Front Entrance/Cou and View PAGE 4 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Frontal View Slurry Coat & Re -Stripe PAGE 5 OF 10 2 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Awning rU11_0II!O PAGE 6 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Frontal View Front Entrance/Cour and View PAGE 7 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Cou and Back Of Buildin 9th St. PAGE 8 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL A PAGE 9 OF 10 12 SOVEREIGN CAPITAL MANAGEMENT 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: S-2004-9 Project Location: 2340 E. 8th Street Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map to create condominium ownership of an existing medical office complex. Applicant Name and Address: Michael O'Leary For 2340 E. 86' Street LLC 2150 West Washington Avenue, Suite 402 Telephone Number: 619-294-8989 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ❑ Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal does not involve any development, nor will it result in an intensification of use. Only the form of ownership of an existing medical office building will change. Thus, there is no potential for the proposal to affect the environment. Date: ANDREW HOSKINSON ASSOCIATE PLANNER /3 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 3SEP2004AH8:34 ENGINEERING REQUIREMENTS FOR CONDOS CONVERSION AT 2340 E. 8TH STREET Date: September 1, 2004 To: Andrew Hoskinson, Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Acting Director of Public Works/City Engineer Subject: CONDOS CONVERSION AT 2340 E. 8TH STREET 1. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains , landscape areas, or a curb outlet. Adjacent properties shall be protected from surface run-off from this development. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. A private storm water filter treatment maintenance agreement shall be signed and recorded 2. 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. The deposit is subject to adjustment according to actual worked hours. 3. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. FINAL MAP REQUIREMENTS 1. 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. Planning Department September 1, 2004 Page 2 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the fmal map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 4. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 5. All new property line survey monuments shall be set on private property, unless otherwise approved. 6. The fmal map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 2340 REV. 6/04 xc: Din Daneshfar / �' C NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map X Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number Filing Fee $ JZS- Recei Date Received By E.A.F. Required exemp I Fee $ t /i Related Cases SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. 557 - 310 - 11, 557 - 310 - 15 PROPERTY LOCATION 2340 East 8th Street COMBINED GENERAL PLAN/ZONING DESIGNATION I P-PD Tentative ParcellSubdivision Map Application Revised December, 1998 Pa 1 of 3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Name: Burket & Wgn• Engineers Name: J1� �_' Signature `,, i �� Signature (S.: ��� a a,y' owes that this' (Signature acknowledges that this applica� •n is = ng filed) application is being filed) A ress: 3434 4th Avenue San DiPgn, CA 92103 Address: Phone No. (619) 299 - 5550 Phone No. Fax No. (619) 299 - 9934 Fax No. Date: 08/03/04 4 Date: PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name:2340 East 8th treet, LLC Name: SignSignature (Signature acknowledges this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: 2150 WPet Washington Av'r.u.e,, Suite 402 San Diego, CA 92110 Phone No. (619) 294 - 8989 Phone No. Fax No. (619) 294 -! 8995 Fax No. 08/03/04 Date: Date: ' Tentative Parcel/Subdivision Map Application Revised March, 2003 /7 ao APPLICANT Name: Michael 0' I eary (Please type or prig) Signatur7 (Signature certifies that the info ation s • . 'tted with this application is true and accurate to the best of the applicant's knowledge). Address: 2150 West Washington Avenue, Suite 402 San Diego, Ca 92110 Phone No. (619) 294 - 8989 Fax No. (619) 294 - 8995 Date: U8/03/04 Tentative Parcel/Subdivision Map Application Revised March, 2003 NATIONAL CITY MEDICAL AkTS$UILnING Executive Summary 2340 East 8th St. LLC, is currently in escrow to purchase the medical office building ("Property") located at 2340 East 8th Street, National City, CA 91950. Built in 1967, the single story medical building comprises 11,180 rentable square feet and occupies 32,670 square feet of land area, or .75 acres. Two of the ten medical suites are currently vacant equating to approximately 20% of the rentable area. Current NNN leases are averaging a $1.38 base with a $0.42 common area maintenance ("CAM") charge. Three of the eight current tenants contribute nothing to the buildings CAM charge which dramatically increases the operating expense for the current owner. Due to its age and lack of maintenance, the building is unappealing and requires many improvements and repairs. Due to the Property's mismanagement, 2340 East 8th St. LLC feels confident that it can (1) sell the office suites as condos to the current tenants for profit or (2) raise the rents, charge more CAM, and sign new leases to boost the Property's NOI and flip it for a profit. Scenario (1) is the most desirable of the two strategies due to the profit potential. The National City Planning Department estimates a timeframe of six months to process the necessary paperwork which will allow for the sale of individual office condo suites. During this timeframe improvements will be made to the building to enhance its appearance and attempts to convert existing tenants to owners will occur. In the event that a majority of the tenants elect not to purchase their office suite and/ or prospective buyers cannot be found in a timely fashion, 2340 East 8th St. LLC plans to implement scenario (2). PAGE 1 OF 10 /9 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING OFFICE CONDO CONVERSION: THE PROCESS AND TIMING The conversion of the Building will consist two parts. The first part consists of renovating the exterior and upgrading old and aged parts of the structure. This shall include but shall not be limited to exterior stucco, paint, lighting, landscaping, replacing the central water heater, slurry coating the parking lot and general electrical upgrades as required by new installation of lighting fixtures. The second part of the conversion process, which, occurs simultaneously shall consist of entitling the Building from the municipal level. More specifically, entitlements will be processed with the City of National City which will allow the parcel to be subdivided into common interests for purchase as individual office suites. The exterior renovation and the entitlement process shall take approximately (3) three to (4) four months. Individual suites may be formally offered through purchase contracts by late August 2004. BENEFITS OF OWNERSHIP Current office leases at 2304 East 8th Street are subject to a minimum yearly increase of two percent and a maximum yearly increase of five percent. The yearly increase charged to tenants is determined by the Consumer Price Index (CPI) for San Diego. According to the Bureau of Labor Statistics of the U.S. Department of Labor, San Diego's overall housing index rose 2.6 percent during the second half of 2003. Consumer prices in the San Diego metropolitan area rose 1.4 during the final half of 2003 according to the CPI. The Area's Consumer Price Index for All Urban Consumers advanced to 206.7 (1982-1984=100) during the final half of 2003. This means a market basket of goods that cost $100.00 in 1982-84 would have cost $203.80 during the last six months. During the final six months of 2003, the overall housing index advanced 2.6 percent and has increased 5.2 percent since the second half of 2002. The shelter component rose 3.1 percent for the six month period and 5.9 percent for the year. Within shelter, rent of primary residence advanced 3.4 percent while owners' equivalent rent of primary residence increased 2.6 percent in the second half of 2003. From a year ago, these indexes rose 7.2 and 5.7 percent, respectively. PAGE 2 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Improvements Many improvements, both interior and exterior, have been made to the Property. Exterior ► Scratch coat and paint exterior of building ► Repair and paint fascia board ► Demo existing landscape ► Demo existing irrigation system ► Install new drip irrigation system to replace existing sprinkler system ► Repair all leaks on roof 110 Paint roof and HVAC units ► Slurry coat and re -stripe parking lot ► Install seven (7) Queen Palm trees ► Install six (6) Pheonix Roebellini ► Install ten (10) Ficus trees ► Demo existing courtyard lighting ► Install new low voltage courtyard lighting ► Install four (4) teak benches in courtyard ► Color stain interior courtyard and all ► Install courtyard directory and individual suite signage I. Install new commercial grade water heater ► Install awning to read "Medical Arts Building" Interior ► Paint interior of Suite F ► Paint Interior Suite E ► Install new carpet and baseboard Suite E ► Cap all existing electrical Suite I ► Bring interior of Suite I to Vanilla Shell PAGE 3 OF 10 SOVEREIGN CAPITAL MANAGEMENT NATIONAL CITY MEDICAL ARTS BUILDING Medical Arts Building Tenant Summary Tenant Suite Sq/Ft Primary Care Physicians A 1,231 Dr. Myma Sabino B 950 Vacant C 844 Dr. Marianito Sevilla D 1,133 South Bay OB/GYN E 1,060 Vacant F 1,282 Dr. William Chapman G 1,060 Rossana T. Alfonso DDS H 1,343 Vacant I 2,277 Total 11,180 PAGE 10 OF 10 SOVEREIGN CAPITAL MANAGEMENT A-200 (4ev. willppartment and Agency Comments City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. 21 (*ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Pettnit for the Conversion of 72 Apartment Units to Condominiums at 305 26th Street and 2420 D Avenue (Applicant: Westone Management Consultants) (Case File No.: CUP-2004-5/S-2004-4 PREPARED BY Roger Pose 4310 DEPARTMENT Planning EXT. EXPLANATION This project is proposed for an existing 72 unit apartment complex, on the north side of 26th Street near D Avenue and on the west side of D Avenue just north of the intersection of 26th Street and D Avenue. The proposal before you will convert the apartments into condominiums, addressing the need for homeownership opportunities in the City. The Planning Commission held a public hearing on this item at their October 18, 2004 meeting. The attached background report describes the conversion of the apartments to condominiums in detail. L ( Environmental Review `1 N/A royal Financial Statement N/A Categorical ExemptiorMl5 App Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission. BOARD/ COMMISSION E E ATI The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes -Pruitt, Carrillo, Saludares, Alvarado, Flores, Baca, Martinelli Absent- Reynolds Abstain. Gialicun ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 5. Notice of Exemption 2. Planning Commission Resolution No. 38-2004 6. Site Photos by Applicant Including Findings and Conditions of Approval 7. Property Condition Assessment Report 3. Location Map 8. Applications with Project Redevelopment 9. Applicants mans (<txmnus A-Kevised, rs, and C) BACKGROUND REPORT The addresses of the project site, which is comprised of two parcels, are 305 26th Street and 2420 D Avenue. It has about 220 feet of frontage on the north side of 26th Street and 90 feet of frontage on D Avenue in the Multi -Family Limited -Planned Development (RM-2-PD) Zone. The 1.86 acre site is essentially two rectangular properties that connect at the rear of each parcel (see Exhibit A -revised). Each parcel slopes down from its front (either 26th Street or D Avenue) to the rear; the maximum difference in grade is about 12 feet. The site is developed with two apartment buildings, which were built in 1973 with a total of 72 units. There is a two-story U-shaped building with 48 units set back approximately 56 feet from 26th Street, 6 feet from the property to the west and 9 feet from the property to the east. The building sits over a covered parking garage, which is partially located below the grade of 26th Street. The other building, which has 24 units, is set back approximately 8 %2 feet from D Avenue and 16 feet from the properties to the north and to the south. The 16 foot set back areas are driveways for access to the 28 tuck under parking stalls located below the units in the building; the driveways also lead to a surface parking lot at the rear of the building. There is a total of 112 parking spaces provided on -site. There are 28 tuck under spaces as mentioned above, 54 spaces in a surface parking lot at the rear of the two buildings, 20 stalls in the covered parking garage previously mentioned, and 10 private garages within the covered parking garage. Other site improvements include a centrally located 7,200 square foot landscaped picnic area with tables and barbeques, two trash enclosures, and security fencing/gates at much of the perimeter of the site. Of the 72 units, 19 are 766 square foot two -bedroom, one bath units, and the other 53 units are 616 square feet in size with one bedroom and one bath. None of the units have any private open space, such as a patio or balcony. There is currently one laundry room on -site. As indicated in the attached Property Condition Assessment (PCA) report, the property is in good condition without any major defects, as it has been adequately maintained in the past several years. (see attached site photographs) Some recent repairs and upgrades have been made to the property. For example, all of the windows have been replaced with dual pane vinyl windows, the trash enclosures are new and some of the site landscaping is new. There is a small condominium complex adjacent to the west of the site, along with Windsor Gardens Convalescent Hospital adjacent to the northwest. Single-family homes are located to the south, east and north of the site; the homes are in the Single -Family Extendable -Planned Development (RS-3-PD) Zone for the most part. The applicant is proposing to convert all 72 apartments into condominiums. As condominiums, the units will be the same size and have the same floor plan as they do as apartments. The conversion will involve renovation of the exterior of the buildings, the parking lot, the recreation area, and site landscaping. For example, the buildings will be painted, the parking lot repaired and re -striped, landscaping around the recreation area enhanced with new plants, new machines leased for the laundry room, and the roofs repaired/replaced (see attached Project Redevelopment submitted by the applicant). Additionally, the interior of each unit will be renovated to include new paint, appliances, flooring/carpet, bathroom/kitchen cabinets, lighting and fixtures. Also, the walls and floors of each unit will be augmented to have a one -hour fire rating, as required by the Fire Department. Finally, the applicant has indicated that all of the needed repairs noted in the attached PCA report will be addressed. The renovations will occur in two phases. All of the exterior and common area improvements and interior improvements to the units in the building on D Avenue will be in the first phase. Interior renovation of the units in the building on 26th will take place in the second phase. Staff has inquired as to the projected sales price of the units; however, the applicant has indicated that given the quick rate of change in today's market they do not feel they can accurately predict the future sales prices. Finally, the applicant has indicated that they will offer each tenant a full refund of their deposit and one month's rent whether they choose to purchase their unit or not. The proposal obviously increases the number of home ownership opportunities, consistent with General Plan policy. General Plan policies also encourage high quality development and unit sizes that exceed the minimum requirements in the Land Use Code. The applicant proposes to make several changes, such as new appliances and cabinetry in the units, and renovation of the recreation area that are not required by Code; these changes should result in a somewhat higher quality development. Since it is impractical for most proposals to convert apartments into condominiums to meet current Land Use Code requirements for new condominiums, the General Plan and Land Use Code do not require it. However, it is useful to compare the requirements for new condominiums and for new one and two - bedroom apartments to what will be provided to allow for a full analysis. The table below summarizes this. Comparisons of current Code Requirements with the existing development Required for new condominiums Parking spaces 2 spaces/unit plus guest parking Unit size 1,000 square feet Required for new one/two bedroom apartments 1.3 and 1.5 spaces/unit plus guest parking 650/800 square feet Existing 1.55 spaces/unit with no guest spaces 616/766 square feet Up to 21,600 square Up to 21,600 square feet 8,352 square feet Useable open space' feet Density 22.9 units/acre 22.9 units/acre 38.7 units/acre 'Based on 72 units As you can see, the unit sizes are slightly smaller than the requirements for new apartments and condominiums Also, there is less useable open space provided than would be required of new development, primarily since there is no private open space (patios or balconies) for the units; however, the existing common open space will be enhanced and is larger than that of many older apartment complexes. Finally, while the amount of parking provided is also less than would be required of new development, it is considerably more than is provided by many older apartment complexes. In order to satisfy the application requirements for the Conditional Use Permit to convert apartments, the applicant had a Property Condition Assessment report prepared. It included an assessment of all structural and mechanical systems, as well as a sound attenuation study and pest report. The sound attenuation report found that the units should have a sound transmission classification of approximately 50 or more, which would meet the current Building Code requirements. As stated before, the PCA report found that generally the property is in good condition without significant defects. It does however, contain recommended short- term and intermediate term repairs, repairs that should be made in the next five years. The identified repairs, which are fully detailed in the attached report, include repairing the parking lot and replacing the bathroom fixtures and appliances in each unit. A condition recommending that all of the short-term and intermediate term repairs identified in the report be completed prior to sale of any unit has been included. Finally, the pest report identified some dry rot and drywood termite infestations. However, there were no structural defects identified, and remedies to the existing conditions were identified in the report. A condition requiring that the recommendations of the pest report be implemented prior to sale of the units has been included. Typically the City would require a performance bond to be put up by the developer to ensure that the proposed and required improvements be made. However, a condition requiring City Attorney review and approval of a Lien Contract and Agreement not to Convey, which will ensure that the proposed and required improvements be made prior to the sale of all of the units has been attached. This alternative was suggested by the applicant, and was also applied to the first condominium conversion project approved in the City. Finally, conditions recommended by the Fire and Engineering Departments have also been attached. Planning Commission held a public hearing on this proposal October 18, 2004. Several tenants and one area resident spoke at the hearing. The tenants mentioned needed upgrades to the property, such as functioning security gates and adequate laundry facilities. They also voiced their support for the project noting that it would allow them to purchase a home and that it should result in an improved property. The area resident that spoke expressed concern over the noise that the renovation would cause. The Commission clarified that construction associated with the proposal will follow the construction noise requirements called out in the City's Municipal Code. The Commission also discussed the proposed property upgrades, specifically noting that undergrounding of utilities is needed. The Commission voted to recommend approval of the proposal fording the upgrading of the property and the creation of 72 homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. RESOLUTION NO. 38-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF 72 APARTMENT UNITS TO CONDOMINIUMS AT 305 26TH STREET AND 2420 D AVENUE APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-4/CUP-2004-5 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue on property generally described as: The westerly 60 feet of the easterly 320 feet of the easterly half of 10-acre Lot 2 in Quarter Section 152, the westerly 50.00 feet of the east 370.00 feet of the east half of 10-acre Lot 2, in Quarter Section 152, the westerly 34 feet of the easterly 404 feet of the east half of 10-acre Lot 2 of Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, that portion of the easterly half of 10-acre Lot 1, Quarter Section 152, Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office of the County Recorder of San Diego County, May 11, 1869. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on October 18, 2004, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. S-2004-4/CUP-2004-5 which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said tentative subdivision map support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since the project will create 72 new homeownership opportunities. 2. The site is physically suitable for the proposed type of development, since all development is existing and will remain, and only the form of ownership will change. 3. The site is physically suitable for the proposed density of development, since all development is existing and will remain, and only the form of ownership will change. 4. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is fully developed and all existing improvements will remain, and no expansion will take place. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. ADDITIONAL RECOMMENDED FINDINGS FOR CONDOMINIUM CONVERSIONS 1. The proposal is consistent with housing element goals and objectives, since the conversion of the existing apartment complex will create 72 additional opportunities for homeownership, which will likely be available topersons with a moderate or lower income level. 2. Plans and reports submitted by the applicant, along with conditions of approval, show that necessary upgrading will be completed prior to sale of any unit, since all common area improvements will be completed during the first phase of development and each unit will be renovated before it is sold as will be specified in a Lien Contract and Agreement not to Convey. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the site is fully developed and all existing improvements will remain. 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 no additional traffic will be generated, since the project consists solely of a change of ownership and repair and renovation of existing improvements. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing multi -family development already exists and only the form of ownership is changing. Conditions requiring the new owners to maintain the property have been included with the approval. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of 72 new homeownership opportunities that should be attractive to first time homebuyers will allow for mobility in the housing market, and since the increased rate of homeownership may translate into an improved property appearance. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said tentative subdivision map and conditional use permit for the conversion of 72 apartment units to condominiums at 305 26th Street and 2420 D Avenue, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 305 E. 26th Street and 2420 D Avenue, including 72 residential apartment units, into condominiums Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised, B and C, Case File no. S-2004-4/CUP-2004-5, dated 5/28/2004 and 9/14/2004 respectively. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. All of the recommendations of the Property Condition Assessment and Pest Report shall be implemented prior to release of any unit for sale. 4. Prior to recordation of the fmal map, the applicant shall submit a Lien Contract and Agreement not to Convey subject to review and approval by the City Attorney. 5. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of 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 �i� property if said property is not fleguately. mauitairted pex the a ement :; The Cc4R's shall include a determination that ihc funds' provided by the maintenance provisionsWill' be sufficient to cover all contemplated costs. 6. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 7. A rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8. 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. 9. 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. 10. The developer shall bond for the monumentation prior to the approval of the final map. 11. All new property line survey monuments shall be set on private property, unless otherwise approved. 12. The final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to the existing horizontal control stations shall be shown. 13. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 14. 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. 15. Before this Tentative Subdivision Map and Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map and 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 and 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 Attomey and signed by the Planning Director prior to recordation. 16. 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. 17. The Conditional Use Permit shall expire two (2) years after adoption of the resolution of approval at 5:00 p.m. or one year after recordation of the final map, whichever is later, unless exercised prior to that time, by transfer of any unit to separate ownership. One or more extensions of time may be granted, pursuant to provisions of the Land Use Code. 18. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 1, 2004 by the following vote: AYES: PRUITT, CARRILLO, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI NAYS: ABSENT: REYNOLDS ABSTAIN: GRAHAM n,>- 0 co 0 PROJECT LOCATION Z g b-ce ;-"1" Nr 0 CD O 0 D CO C GO 0 NM E tE 0 -cs CO to c — o CO o c o T3 O a) 0 E c as 0- .0 g • . SQ -0 X -0 CD 7 04 ps 0-5 City of National City Department of Public Works 1243 National City Blvd., National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR CONDO CONVERSION AT 240 "D" AVENUE AND 305 E. 26TH STREET HANDOUT ITEM No. 5 October 18, 2004 Date: October 14, 2004 To: Martin Reeder , Planning Department From: Adam J. Landa, Assistant Civil Engineer Via: Stephen M. Kirkpatrick, Alssistant Director of Public Works/City Engineer Subject: CONDO CONVERSION AT 240 "D" AVENUE AND 305 E. 26TH STREET FINAL MAP REQUIREMENTS 1. 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. 2. The developer shall bond for the monumentation prior to the approval of the final map. 3; All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 4. All new property line survey monuments shall be set on private property, unless otherwise approved. 5. The fmal map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. AL:jha 240D City of National City Fire Department 1243 National City Boulevard., National City, CA 91950-4301 Phone: (619) 336-4550 Fax: (619) 336-4562 Date: February 25, 2004 To: Planning Department From: Jeff Burriss, Deputy Fire Marshal Subject: 305 E. 26th & 2420 D Ave. The fire department has no objection to this project given the information provided. When plans become more complete there may be a need for a new fire hydrant and/or residential sprinkler systems for the houses. 1 1/ 0" 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 March 8, 2004 Mr. Martin Reeder, Planning Technician City of National City Planning Department 1243 National City Boulevard National City, CA 91950 GOVERNING BOARD JAMES "JIM' DOUD, CHAIR W.D.'BUD" POCKLINGTON, VICE CHAIR R. MITCHEL BEAUCHAMP NICK INZUNZA MARGARET COOK WELSH RICHARD A. REYNOLDS JAMES C. ALKIRE WANDA AVERY TREASURER MARISA FARPON-FRIEDMAN SECRETARY Subject: WATER AVAILABILITY 305 E. 26th STREET AND 2420 D AVENUE, NATIONAL CITY A.P.N. 562-040-28-00 & 29-00 CASE NO.: S-2004-4, CUP-2004-5 SWA GEN FILE: WATER AVAILABILITY, 2004 Dear Mr. Reeder: This letter is in response to an Application for Tentative Subdivision Map and a Conditional Use Permit for the subject property, within Sweetwater Authority's (Authority) service area. There is an 8-inch water main located on the west side of D Avenue, and an 8-inch main located on the south side of E. 26th Street. The Authority's records indicate that there are three 1-1/2" services with 1-1/2-inch meters that serve these parcels. Enclosed is a copy of 1 /4 SEC. 152 map, which shows the existing water facilities. Please note that the Authority will not permit separate water services for this size project. You can, however, enter into an agreement to submeter the condominiums At this time, we cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or substantial alteration to the existing water system. The Authority recommends that your Agency work with ours to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. Please note that the Authority requires a 10-foot horizontal separation between sewer and water laterals. A Public Water Agency Serving National City, Chula,,Vista and Surrounding Areas Mr. Martin Reeder Re: Water Availability — 305 E. 26th St. and 2420 D Ave., N.C. March 8, 2004 Page 2 of 2 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 85 p.s.i. to a minimum of 75 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:ss Enclosure: photocopy of 1/4 SEC. 152 map pc: H. View Residences, LLC c/o Archstone Management 710 Camino de la Reina, Suite 129 San Diego, CA 92108 Don Condon, Acting Fire Chief National City Fire Department 333 E. 16th Street National City, CA 91950 I:\engr\Gen\Water Availability\mreeder_sobaygardens.doc • March 3, 2004 City of National City Planning Department Martin Reeder, Planning Technician 1243 National City Blvd. National City, CA 91950 Subject: Case File No: S- 2004-4 , CUP — 2004- 5 305 E. 26th St. and 2420 D Ave. Dear Martin: 5159 Federal Boulevard San Diego, California 92105-5486 (619) 263-9251 9 MAR 2004 PM 1:39 Cox Communications would require the property Owner to execute a non-exclusive access agreement for condominiums. This agreement clearly states that the responsibility and liability for all connections and disconnects will be with each tenant and Cox Communications. As Cox Communications requires a written agreement with the owner of the above referenced property before service can be provided, please forward this letter to the Owner so that they can contact me as soon as possible to execute an agreement with Cox. Upon receipt of the signed Agreement, Cox Communications will execute and return you're a copy to the Owner for their records. Thank you for your attention concerning this matter. Should you have any questions, please call me at (619) 266-5367 Sincereiy, ,- r A A counfils Manager dip: 619)266-5367 Fak (619) 266-5252 Email: aj.faber(a�cox.com 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: S-2004-4/CUP-2004-5 Project Location: 305 E. 26`h Street and 2420 D Avenue Contact Person: Andrew Hoskinson Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map and Conditional Use Permit for the conversion of 72 apartments into condominiums Applicant Name and Address: Westone Management Consultants 1640 Broadway Ste. A San Diego, CA 92101 Telephone Number: 619-645-9071 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ® Categorical Exemption. Class 1, Section 15301 (Existing Facilities) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The proposal would permit the conversion of 72 existing apartments into 72 condominium units. No expansion of the existing structures is included in this proposal. Date: ANDREW HOSKINSON ASSOCIATE PLANNER / �s PHOTOGRAPHS Complex A: 305 E. 26th Street 1. Front elevation (north) of the building facingtE. 26th Street. Note: The gas main. 2. Landscaped front yards. 1-7 3. Two 2-story apartment buildings constructed above the grade level parking garage. 4. Area drain at the center of the courtyard. / - 5. Typical window configuration and the fire extinguisher. 6. The second floor corridor/breezeway. Note: The downspout. 7. Exterior stairs accessing upper level flats. 8. Interior stairs accessing upper level flats. 9. Typical kitchen. 10. Typical bathroom. 2/ 11. Typical electric heater and the smoke detector. 12. The mail room. 13. Driveway to the garage from E. 26th Street. 14. Garages within the garage. 15. Structural supports of the garage —beams, columns and walls. yd111:i 2Asitotre!..a Aw n' .. .... 16. Entry ramp of the garage, 17. Central gas -fired hot water heater. Note: The unit is strapped for seismic safety. 18. The laundry room. 19. The electric meters. 20. The trash enclosure. ,72 21. Concrete paved parking lot. 22. Cracking on the concrete slab. ^2 2 PHOTOGRAPHS Complex B: 2420 D Avenue 1. Elevation of the building. Note: Building is constructed above the open-air parking garage. 2. Structural support for the apartment building above. 3. Stairs accessing the upper level flats. 4. Corridor/Breezeway of the apartments. 2 7 . 5.. Metal fence and gate. 6. Driveway to D Avenue, Note: The concrete block fence wall. 7. The wood and shrubbery fences. 8. The landscaped courtyard. 2 9. The laundry room. 10. The supported hot water heater. 11. Typical interior stairs accessing the upper level flats. 12. Typical bathroom Note: The tiled floor and walls. 13. Typical smoke detector and electric heater. 14. Typical kitchen. 15. Concrete paved parking lot. 16. Isolated cracking on the concrete parking deck. G 141 17. Trash enclosure. REPORT Property Condition Assessment Harbor View Terrace Apartments Complex A: 305 E. 26th Street Complex B: 2420 D Avenue National City, San Diego County, California 91950-6833 Prepared For Chris La Fornara c/o Archstone Management Consultants 710 Camino De La Reina Suite 129 San Diego, California 92108-3216 Attention: Mr. Joseph Scarlatti Prepared By JCEP/Huang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 Project No. 12-C-01830 December, 2003 JCEP/HUANG CONSULTING ENGINEERS, INC. 217 Via Lara Dos Vientos Ranch, CA 91320 ?I: (805) 375-6292 Fax: (805) 375-8292 December 15, 2003 Chris La Fornara c/o Archstone Management Consultants 710 Camino De La Reina Suite 129 San Diego, California 92108-3216 Attention: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Harbor View Terrace Apartments Complex A: 305 E. 26th Street Complex B: 2420 D Avenue National City, San Diego County, California 91950-6833 Dear Joseph: Attached is one copy of the referenced report. Your receipt of this report completes our scope of work under this contract. This PCA report is based on an on -site walk through observation of the subject property conducted on December 1, 2003 and the review of some property related documents that you and the Management of the Apartments provided us. We appreciate the opportunity of providing this engineering service to you and look forward to a continuing working relationship in the future. Should there be any questions regarding this project, please contact Huang at 805-375-6292, or jcep.huang@adelphia.net. 2 39 TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMARY 4 1.1 General Description 4 1.2 General Physical Codition 5 1.3 Recommended Immediate Repairs 5 1.4 Recommended Short Term & Intermediate Term Repairs 5 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 9 4.0 SYSTEM DESCRIPTION AND OBSERVATION 10 A Electrical .10 B Plumbing 10 C Utilities ..11 D Walls, Ceilings and Windows 11 E Recreational Facilities 12 F Sound Transmission Classification (STC) and Insulation 12 G Roofs 13 H Parking Facilities and Driveways 13 I Appliances 14 J Mechanical Equipment .... 14 K Insulation Standards 15 L Structural 15 M Foundations ..16 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as the Harbor View Terrace Apartments located at 305 E. 26th Street and 2420 D Avenue in National City, San Diego County, California 91950-6833 at the request of Lindsay Erickson of Archstone Management Consultants. As a part of the PCA, an on -site walk through observation was made on December 1, 2003 with Coleen Moore, Leasing Agent for the property, Lindsay Erickson and Jessica Hall of Archstone Management Consultants. The subject property consists of 73 two -bedroom and one -bedroom dwelling units scattered in two apartment complexes Complex A and Complex B. Complex A consists of three 2-story wood framed buildings constructed above a grade -level concrete parking garage. And Complex B includes one 2-story wood framed building constructed over a grade -level wood framed garage. Development of the facility was completed in 1973 on a suburban lot of an estimated 81,022 square feet in National City. Construction drawings and specifications for the project were not available for JCEP/Huang's review. A brief description of the apartment buildings and the dwelling units is as follows: I, Complex A II, Complex A III, Complex A Complex B 305 E. 26" Street Total 305 E. 26' Street 305 E. 261' Street 2420 D Avenue 24 24 1 Eight-2 x 1 Sixteen-1 x 1 24 73 Eight-2 x 1 Sixteen-1 x 1 One-1 x 1 42,689 Eight-2 x 1 Sixteen-1 x 1 34,400 38,333 81,022 s.f. 16,900 51,300 s.f. Note: a. Both ground and second floors have 12 apartment units each in Buildings I & II, and Complex B. b. First floor of Building III accommodates the mail facilities, the apartment is on the second floor. Additionally, the subject dwelling complex also provides 73 parking garage spaces, and 37 open reinforced concrete paved surface parking stalls and associated hardscape and landscape. Due to the mild climate condition and like many apartments in the National City area, Harbor View Terrace Apartments is not air conditioned for cooling. Heating for the apartments is provided by gas -fired individual wall mount heaters in each 4/ apartment. Domestic hot water for the apartments is provided by a centralized gas -fired hot water heater contained in the utility closet of each complex. Each dwelling unit is furnished with an electric range/oven, garbage disposal and refrigerator. One laundry room, with two coin -operated washers and two dryers, is provided for the tenants in each complex. The laundry facility is owned and operated by a vendor, Arts Incorporated. The electric distribution panels and individual electric meters are housed in the utility closet of each building. Gas main is hung on the exterior wall of the parking garages near the ground. Smoke detectors are available for the apartments, and the apartment buildings are fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property as required by the current fire code. 1.2 General Physical Condition The subject property appears adequately maintained and in overall good condition with few defects noted. Components of the buildings are composed of durable materials and sturdy construction. It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject apartments should exceed 35 years. 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work. Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: • Localized cracking were noted on the concrete driveways and parking lots. And the parking stripes are fading or have faded. It is recommended that the distressed concrete pavement areas be replaced and the parking stalls be restriped. ESTIMATED COST: $17,000 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the apartments has planned a Renovation Program to up -grade the property. The Program will be carried -out within the next two to three years, and it includes: 1. Repair/replacement of flooring and painting of interiors of all dwelling units. 2. Repair/replacement of kitchen appliances, counter tops, cabinets and sinks. 3. Repair/replacement of windows and doors. 4. Repair/replacement of bathroom fixtures. 5. Repair/replacement of any water damaged building elements and materials, including the corridors/breezeways. 6. Repair/replacement of the heating units. hi addition, the following intermediate term repair items are recommended: • The concrete courtyard between the two apartment buildings of Complex A is also the ceiling of the grade -level parking structure. Cracking and wearing marks were noted on the waterproofing membrane over this courtyard. It is recommended that this waterproofing membrane be replaced within the next two to three years. This work can be incorporated with the Renovation Program of the apartments. 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirements as outlined by Archstone Management Consultants, and includes the following: A. Electrical B. Plumbing C. Utilities D. Walls, Ceilings and Windows E. Recreation Facilities F. Sound Transmission Classification (STC) and Insulation G. Roofs H. Parking Facilities and Driveways I. Appliances J. Mechanical Equipment K. Insulation Standards L. Structural M. Foundations This report represents a statement of the physical condition of the buildings and property based upon visual site observation, professional analysis and judgment, and is current only as of the date of the site observation. The report applies only to those portions of the property and/or items and equipment that were capable of being visually observed. Walls and ceilings were not opened to observe covered, hidden, or concealed conditions. In addition, no sampling was conducted of any property components. Drawings and specifications were not available for JCEP/Huang's review. We have performed our services and prepared this report in accordance with the generally accepted construction consulting practices, and make no warranties, either expressed or implied, as to the character and nature of such services and product. The report is not to be construed as a warranty or guarantee of future building conditions or as an estimate of value. Cost estimates used in the report are preliminary in nature and represent a range of probable costs. Firm price quotations from contractors, vendors, or suppliers would be required for more detailed costs, and would be based upon a detailed definition of the proposed scope of work. 7 In evaluating the property, "Good" is the best condition with a consistent maintenance of the building and grounds, and all the building equipment in sound operating condition. A "Fair" rating shows some wear or damage requiring repair or replacement work. A "Poor" condition is clearly the worst, with a uniform `run-down' appearance, damaged elements of the building or inoperable systems present. 3.0 SALIENT INFORMATION Project 12-C-01830 Property Name Harbor View Terrace Apartments Property Address 305 E. 26th Street and 2420 D Avenue National City, San Diego County, CA 91950-6833 APN 2420 D Ave: 562-040-28 305 E 26th St: 562-040-29 Year Built 1973 Year Renovated The apartments will be renovated within 2 to 3 years. Zoning R-4, Multiple Dwelling, current usage of the property is in conformance with the zoning requirement Occupancy Group B-2 Construction Type V-1, Not fire-sprinldered Number of Buildings 4 two-story rectangular -shaped apartment buildings. Number of Apartments 73 one -bedroom and two -bedroom units. Owner Chris La Fornara Occupancy Rate 97%, currently there are two vacant units Number of Stories Two-story Basement None Lot Size Approximately 42,689 s.f. for 26th Street Approximately 28,333 s.f. for D Street Total Building Area Approximately 34,400 square feet for 26th Street Approximately 16,900 square feet for D Avenue Number of Parking Spaces 73 garage spaces and 37 concrete paved open surface parking stalls. Property Visit Date December 1, 2003 Property Visit Conducted by Johnny Huang, P.E. Accompanied By Coleen Moore , Leasing Agent of the Apts. Tel: 619-508-2102 Fax: 619-336-2473 Weather Sunny, mid 60's 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Electrical Description: Electrical services for the apartments are from concrete pads mounted, and San Diego Gas and Electricity owned transformers to each building's distribution panels. Tenants are individually metered for electric services. Power to each building is provided at 120/240-volts. Each apartment is provided with a 120-volt, 50-ampere, 3-wire, single-phase system. Circuit breakers are provided for overload protection. Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits. Observations/Comments: The serviceable life span of the electric system is usually estimated at around 50 years. Electric system of the property appeared adequately maintained and in satisfactory condition. It is recommended, however, that SDG&E be contacted to examine the electrical system to ascertain the safety of the system. B. Plumbing: Description: Domestic water and natural gas services are by way of underground installation to the property. Plumbing system of the subject apartments includes necessary hot and cold water supplies, drainage, waste, vents and natural gas. Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping. Sanitary sewers and stormwastes are discharged to the respective public infrastructures. No sewage lift stations were observed during the property visit. Domestic hot water for the apartments is provided by a centralized gas -fired hot water heater contained in the utility closet of each complex. Apartment bathroom fixtures consist of floor supported artificial marble lavatories with wood cabinets, floor mounted water closets and white steel bathtubs with showers. Observations/Comments: Plumbing system of the subject property was observed in good condition, and appeared adequately maintained. Management of the Apartments advised that the hot water heater was replaced within the past three years. It appeared in good condition. And the gas -fired hot water heaters are properly braced for seismic safety. No replacements are anticipated in the near future for the plumbing lines. Bathroom fixtures will be repaired/replaced as a part of the Renovation Program. LYE 7% As a safety measure, JCEP/Huang recommends that the natural gas system be checked by the utility company. C. Utilities Description: JCEP/Huang was informed by the Management of the apartments that the following companies and municipality currently provide utility services to the subject property: Electricity Natural Gas Sanitary Sewerage Potable Water Solid Waste Removal San Die:o Gas and Electricity (SDG&E) SDG&E National City National City EDCO On -site utilities are underground. Electrical services are from concrete pads supported and SDG&E owned transformers with underground conductors routed to the electrical equipment closet attached to the side wall of each apartment building. Tenants are individually metered and billed for electricity. Observations/Comments: Observed utility services are in good working orders without obvious distresses noted. As a safety precaution, it is recommended that SDG&E be contacted to examine the electrical and natural gas installations. D. Walls, Ceilings and Windows Description: Exterior walls of the apartment buildings are observed to be constructed of operable windows and doors, painted stucco, painted wood trims and painted metal railings for the corridors/breezeways. Typically, the stucco is likely to be over metal wire lath and water-repellent building paper on plywood backing supported on wood studs and the building structure. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Corridors/breezeways are of waterproofed cementitious topping with abrasive walking surface over structural supports. Apartment unit entry doors are of solid core fire -rated type with twist -action door knobs and dead bolt hardwares. Interior doors are typically of hollow core units. Windows are of aluminum framed single glass operable units with meshed metal screens. Ceilings of the apartments are of texture painted drywall construction. Each apartment is provided with a ceiling hung electric fan in the dining area. Interior walls are of texture painted gypsum boards supported on 2 x 4 or 2 x 6 wood studs. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. Management of the Apartments advised that the building exteriors were re - stuccoed and painted about half a year ago. The building exteriors appeared adequately maintained and in good condition. As a part of the planned Renovation Program to up -grade the property, interiors of the apartments will be painted, and windows and doors will be repaired/replaced on an as -need basis. E. Recreational Facilities There are no recreation facilities associated with the subject property. F. Sound Transmission Classification (STC) and Insulation Description: Wood framed residential buildings constructed in the 1970's usually feature staggered stud walls with a 2 inch air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 1.2.4.1.4.6 of the Owens Corning Fiberglass Test No. Oct W-28-90 test manual. The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if field tested). The requirement for RC ratings of separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this apartment complex may have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood framed residential structures in the 1970's to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity walls. Such cavities can easily accommodate enough fiberglass insulations to attain code required sound proofing and weather insulation ratings. It is JCEP/Huang's opinion that the subject Apartments is likely to have STC at 50 or more and insulation valve at R-19 or more. G. Roofs Description: The apartment buildings are weatherproofed with a conventional built-up roofing (BUR) membrane system over plywood roof sheathing supported on wood frame composed of rafters, joists, posts and studs. BUR is typically constructed of inter -mopping of plys of roofing felts with hot and liquid form asphalt, where cured asphalt serves as the waterproofing membrane, while the felts serve as the reinforcement for the roofing composition. Rainwater is collected by metal gutters and downspouts that splash down to the center courtyard and the ground. Drainage of rainwater depends on the surface drainage system of the paved driveways and parking lots, area drains on the courtyard deck, and the percolation of the landscaped areas. Roofing cement, metal flashing and counterflashing, roof jacks, and other waterproofing materials and devices are implemented at joints of the roofs and penetration locations. BUR is a proven waterproofing product with a long and impressive performance record. A well constructed system of the project type with proper maintenance effort can easily last 15 to 20 years, depending on number of plys in the roofing composition. Observations/Comments: Management of the property advised that the roofing systems of the buildings were replaced about five (5) years ago. And there were no roof leaks reported. No signs of roof leak were noted during our on -site walk through observations. The roofing systems appeared adequately maintained and in good condition. H. Parking Facilities and Driveways Description: Driving access to the property is by way of city street curb cuts along East 26th Street parallel to the northern boundary of the site. Exit from the property is through an electronically controlled metal gate at 2420 D Avenue, National City. The grade level parking garages that support the 2-story apartment buildings are paved with reinforced concrete slab over engineered fill. A total of 73 parking spaces are contained in the garages. Some of the garage parking spaces are provided with metal roll - up garage doors. Additionally, there are about 37 concrete paved surface parking spaces located between Complexes A and B. Observations/Comments: Surface parking appears to be well defined by white stripes, and all parking stalls, including the garage spaces, appear to be large enough to easily accommodate vehicles. No differential settlements were noted on the parking garage decks, parking lots and driveways which may be an indication that the substrate of the concrete pavements was properly prepared and compacted during the initial construction. However, isolated cracking was noted in some areas of the concrete pavement. And the parking stripes are fading or have faded. It is recommended that the distressed concrete pavement areas be repaired and the parking spaces be restriped immediately. I. Appliances Description: Each apartment is equipped with an electric stove/oven, a refrigerator, a sink, counter tops and cabinets. Due to variations of usages and cares, conditions of the appliances are different from flat to flat. Management of the property advised that the rate of replacement of appliances is at an average of about two to three for each category per year. Observations/Comments: Rate of replacement of appliances is about average for the size of the apartments (50 units to 75 units). We understand that repairs/replacements of the appliances will be a part of the planned Renovation of the subject property. J. Mechanical Equipment Description: Due to the mild climate condition and like many apartments in the National City area, the subject apartments is not air conditioned for cooling. Heating for the apartments is provided with individual gas -fired forced hot-air heaters in each apartment. Comfort level of the apartments is controlled by wall -mounted thermostats. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roofs. Ventilation of the apartments is by gravity and natural breeze. Observations/Comments: Equipment capacity of the mechanical system appears to be proper for the intended usages. And the system appears adequately maintained and in satisfactory condition. However, the property is about 30 years old, mechanical units are approaching or are 57 beyond their useful service life spans. Replacement of mechanical units should be expected. We understand the repairs/replacements of the mechanical units are a part of the planned Renovation Program of the Apartments. K. Insulation Standards See Section F. L. Structural Description: Construction drawings were not available for JCEP/Huang's review. As a result, the following descriptions are based on information provided by the Management of the property, on -site observations, and engineering judgments. Li. Vertical Support System The roofs of the apartment buildings are likely to be constructed of plywood sheathings over roof rafters, joists, posts and studs. The second floors are constructed of plywood floor sheathings over floor joists on posts and studs. The first floors of the apartment buildings in Complex A, which are the ceiling of the grade -level concrete garage, appear to be constructed of reinforced concrete slab over steel beams, columns and concrete block walls. The steel beams and steel columns also constitute as the rigid frames for the building structure. The first floor of the apartment building in Complex B is constructed of plywood sheathing with cementitious plaster soffit supported on deep wood beams and stud walls. The wood beams are supported on steel columns, which also constitute as the rigid frames for the building structure. The first floor of Complex B also serves as the ceiling of the grade -level parking garage. Parking decks of the garages are constructed of reinforced concrete slabs -on -grade over engineered fills. L2. Lateral Support System Wind or earthquake (these two forces do not occur simultaneously) is transferred by the horizontal diaphragms (roof and floor sheathings) of the building structures to the shear walls and rigid frames. Finally, the lateral force is transferred to the foundation system for subsurface dissipation. The shear walls are the concrete block walls around the grade level parking garage of Complex A, and the interior and exterior walls of the buildings which are constructed of plywood and gypsum boards supported on 2 x 4 and 2 x 6 wood studs. Observations/Comments: Low-rise wood and concrete structures have historically performed well under service loads and when subjected to wind or earthquake forces. No structural distresses such as differential settlements, out of square corners, and significant cracks were noted during the property visit. The building structures, including the garages, appear to be adequately maintained and in good condition. No structural repairs are required at this time. M. Foundations Description: The buildings are believed to be founded on conventional reinforced concrete foundation system. Bearing and shear walls are likely to be on continuous footings, while the posts are on spread footings. The grade level parking garages are of reinforced concrete slabs -on -grade over engineered fills. Observations/Comments: No structural distresses were noted on the visible portions of the foundations. The foundations appeared in good condition. 6 Report #: 200400206 BOWING NO. 2420 WOOD DESTROYING PESTS AND ORGANISMS INSPECTION RErPpORT ectiiJUM6cnof Paco,zIP 91950 01/21/2004 1 of 5 ion srnl'ET CI Y D AVENUE NATIONAL CITY PETE PANIAGUA TERMITE CONTROL, INC. 3738 GROVE STREET LEMON GROVE, CA 91945 PH# (619) 668-0594 FAX (619) 668-0595 PR 3800 Ordered by. LINDSAY ERICKSON WESTONE MANAGEMENT CONSULTANTS 710 CAMINO DE LA REINA, STE.129 SAN DIEGO, CA 92108 PH.# 619-299-9194 FAX: 619-299-.9197 COMPLETE RC -PORT a SUPPLEMENTAL REPORT E] LIMITED REPORT El oEt4 RAL OO5CRIPTION, This Is a two story, stucco, apartment house . It has an attached garage or carport. It has a other Tags Posted: flat I oof. It was occupied and furnished at the time of Inspection. HARBOR PEST An Ihspection has been made ofthstructure(s) on hem diagram accordance weren inspected. the the Strectnral Pest Control Act. Detached porches, detached steps, detached decks and any otherun not In rot Other Findings []x Further Inspection ❑ Subterranean Termites El Drywood Termites Q F g iY If any of the above boxes are checked, It indicates that there were visible problems In accessible areas. RFeadi ,e report for 6detalilsh rn c eckedritetna Other Key; 1 d Sublerranosn Termites 2 = Drywo udm To,Nea 3 e FunguelPryr'et Report sent to: ReiNsPBCTIoN REPORT LI Property Owner and/or Party of Interest at ' lb Na Inspection Tag Posted: Electrical Closet LA ?4 Inspected Sy JoSE ESTRADA License No, FR19853 Signature You ore entitled to obtain copies el' nil reports and compiutton notices on this properly fs o d to th e25r3204ai Peat Control Board durl 0 preceding LWo Yours. To obtain copl�3 po contact; struutural Pest Control Board, 1418 HoWo Avenue, suite 18, Sacramento, Unresolved queatlone or problems with services performed may 43M-41 (Rev. 10/01) No'rE: be directed of Problems Concerning ontabove report should be directedtothe manager of the eompu be dlreoted to the slruoturui Poot Control Board at (916) 561-8708, (800) 737-81a8 or yxvq.poaluourd.oa.nov, s NUMU R Or NAGUE ,2 of'-6 DUILDINo NO. 24Z0 D AVENUE h :ES, CAUTIONS AND DISCLAIMERS pertain to the The purpose of this reportd destroyingdocument and/or conducive conditionings and recommendations s(s) at the time of absence or presence of wood inspection. This report should be read carefully� �o correct and od is not to be r complete the recommendations Survey. The client's cooperation and compliance documented in this report are obligatory. Without a mutual effort this company can not assure effective or satisfactory results. Inaccessible and/orinsulated attics orportions The pest control industry recognizes a structure to both inaccessible inspected. These areas include but are not limited to: the interior of hallow walls, the crawl space thereof, attics with less than 18"clear crawl space, underneath a deck less than 12'; covered ceilings, spaces between a floor or porch deck and the ceiling below, areas where there is no access without defacing or tearing lumber, masonry, or finished work, areas underneath, behind or below appliances or beneath floor coverings or furnishings or storge, age, locked areas, and areas requiring an extension reaslodr�mbers around eaves thaer, areas where twouldrepot a use of an or locks make inspection impractical, an do not inspect extension ladder. Unless otherwise specified thisreport an,ng walls, or wood walkways. houses, sheds, detached patios, detached wood decks, MOLD DISCLAIMER: THERE MAYBE HEALTH -RELATED NT QUALIFIED TO RENDER ANY PINION LICATIONS ASSOCIATED WITH THE '`NDING(S) REFLECTED ON THIS REPORT. WE A „ONCERNING ANY SUCH HEALTH IMPLICATIONS, AND NO SUCH OPINION IS EXPRESSED. THE ACCESSIBLE INSPECTION REFLECTED BY THIS REPORT TO REN WLIMITED ANTOY OPINION A VISIBLE AND TO N OOR AIR SURFACES ONLY; WE ARE NOT QUALIFIED QUALITY, AND NO SUCH OPINION IS EXPRESSED. Q ATED WITH pUESTIONS HE � NDINGS OR ANY HEALTH RELATED IMPLICATIONS WHICH MAY BE ASSOC RECOMMENDATIONS (INCLUDING RECOMMENDATIONS INDOOR AIR Qt1ALiTY, SHOULD REPAIRS) THAT ARE DIRECTED TO A QUALIFIED PROFESSIONAL. CONCERNINGS REPORT, OR NOTE: THE EXTERIOR SURFACE OF THE ROD SHOULDF WAS NCOT ONTACT A ROOFING CONTRACTOR INSPECTED. IF YOU WANT TIGHTNESS OF THE ROOF DETERMINED, WHO IS LICENSED BY THE CONTRACTORS' STATE LICENSE BOARD. ETITIVE BUSINESS THE STRUCTURAL PEST CONTRo�PAN �� REPORTS ON THISENCOURAGES PREPARED PRACTICES AMONG REGISTERED C BY VARIOUS REGISTERED COMPANIES SHOULD SAG THHSAME C) HOW D� S, (IE. TERMITE INFESTATIONS, TERMITE DAMAGE, FUNGUS COMPANY. THEREF TOE CORRECT OMWISH TOSE I SEEKGS MAY VARY FROM COMPANY TO A SECOND OPINION SINCE THERE MAY BE COMPANY. THEREFORE, YOU M ALTERNATIVE METHODS OF CORRECTING THE FINDINGS LISTED ON THIS REPORT THAT MAY BE LESS COSTLY NOTICE TO OWNER: Under the California Mechanic's Lien Law, any structural pest control company which contracts to do work for you, any contractor, sub -contractor, laborer, supplier or other Report #; 200400206 NATIONAL CITY 6UILU3ING N0. 9THe[, 2420 I7 AVENUE NATIONAL CITY 91950 person who helps to improve your property, but is not paidfor his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy th►elabo rty, laborers claimantsl ierthat remain unpaid. To preserve their right to file a claim or lien against yoa in entitled sucmi as sub -contractors or material suppliers are required to provide youwithit purpose is documentto notify you rofe persons ary Notice", A preliminary notice is not a lien against your property. P P who may have a right to file a lien against your property if they are not paid. As an owner, in order to protect himself from the above, should payment of the inspection fee and/or money due for any work completed within 30 days of completion, and in addition any costs or legal fees required for collection, Interest will be charged on money due at a rate of 1.5% per month beginning after the 30 days. PESTICIDES: NOTICE TO OWNER,�CIDES ARE TOXIC CHEMICAL5'ANTS, OTHERS. "State law CeStructural pest that you be given the following information. CAUTION PESy control companies are licensed and regulated by fhe sormia Del Pest Control partmenf of Foodrand Ag ie�fu eeatnd�he which are registered and approved for use by the Cals that United States Environmental Protection Agency, Registration frisks if propertuse conditions are folwhen the state dlowed orathat on existing scientific evidence there are no appreciable risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so NO CHEMICAL APPLICATION WiLL BE ORMED UNTIL SUCH HE UNDERSIGNED, WILL ACCEPT NOTICE IS exposure should be minimized. RETURNED. HAVING READ THE INSTRUCTIONS, RESPONSIBILITY FOR ALL THE AFOREMENTIONED. Date Signed: (Owner/Occupant). _ If within twenty-four (24) hours following application you experience symptoms similar to common trol center at: (800seasonal 544 illness4404comparable to foperatortyour physician or poison immed immediately, For additional information contact any of the (800)544-4404 and your pest controlp following: This firm as noted on first page of this report; for health questions The County Health Department: Riverside-909-358-5050, Orange-714-834-5647, Los Angeles-213-974-6203, San Diego-619-236-5070, San Bdno. 909-38 an 2e o 1 For �� application information: Angeles-818-575 5�7paSanenf of Agriculture: •Riverside-909-654 3266, Or g Diego-619-694-2739, San t3dno. 909-387-2109. For eguI958t 3Y inf0,ormation: Phone The 1 structural Pest Control Board at 1418 Howe Ave., Ste, 18, Sacramento, THE FOLLOWING CHEMICALS MAY BE USED: TALSTAR-13ifenthrin, Ci-iLOROP1CRIN, VIKANE-Suifuryl Fluoride, COPPER CLEAR, DURSBAN PRO-Chlorpyrifos, TERMITAFOAM, METHYL BROMIDE, PT-270-CHLORPYRIFOS@0.5%, Power Plant (d-Limonene), TERMIDOR SC-Fipronil. Fumigations performed if any will be done by Pete Paniagua Fumigation. A two (2) year guarantee oil all fumigations, microwave treatments, localized treatments and wood repairs from date of completion, Report #: 200400206 S7� gU1l,OING NO. 6TRRET OILY 2420 D AVENUE NATIONAL CITY Date of InnpuctIon NUMMI OF PAGCB 91950 101/2712004 4 of 5 A thirty (30) day guarantee on tile and shower pan work, plumbing, grouting, resetting of toilets, and floor coverings as these are owner maintained areas. No guarantees on secondary recommendations. NOTE: ANY RECOMMENDATIONS BEING PERFORMED BY OTHERS MUST BE INSPECTED DURING WORK IN PROGRESS, BY A LICENSED INSPECTOR FROM PETE PANIAGUA TERMITE CONTROL AT AN ADDITIONAL $75.00 REINSPECTION FEE. PETE PANIAGUA TERMITE CONTROL IS NOT RESPONSIBLE FOR �YOFFERS ANY GUARANTEE OR STATEMENT OF QUALITY ON ANY WORK PERFORMS OTHERS. PERSON(S) IN INTEREST ARE TO OBTAIN DONE AND PANIAGUA ES FROM CONTROL N(S) PERFORMINGTHE $ 5.00 INSPECTION RK. IF ALL PEE WILWORK IS BE WAIVED. DONE BY PETE PANIAGUA TERMITE IF A SEPARATED REPORT HAS BEEN REQUof activS DEFINED E infestation, AFOLLOWS: or conditions Section 1 - Contains items where there is visible evidence that have resulted in or from infestation of infection. Section 2 - Items are conditions deemed likely to lead to infestation or infection but where no visible evidence of such was found. Further inspection items are defined as recommendations to o access to complete theinspect inspectioroa(nd cannot defined asoriginal inspection did not allow the inspect Section 1 or Section 2. 2. DRYW000 TERMITES ITEM NO. 2A FINDING AND RECOMMENDATION: 2A (Section 1) DRYWOOD TERMITE INFESTATION NOTED AT ELECTRICAL CLOSET, WINDOW SILL UNITS 5 AND 6, EXTERIOR. COST $7500,00 RECOMMENDATION: THERMALLY TREAT AREAS OF INFESTATION WITH A MICROWAVE TREATMENT PROCEDURE AND/OR IN CONJUNCTION TREAT ACCESSIBLE AREAS WITH DRAGNET FOR THE CONTROL OF DRYWOOD TERMITES, COVER/AND OR REMOVE ACCESSIBLE PELLETS. Report #: 200400206 61.1ILbINO NU, 2420 STREET D AVENUE cATY '" z Dote of Impaction NUMOIER OP PAOE4 NATIONAL CITY 91950 01/27/2004 5 of 5 4. OTHER FINDINGS ITEM NO. 4A FINDING AND RECOMMENDATION: 4A (Section 2) LOOSE TOILET NOTED AT BATHROOM UNITS 3 AND 9. COST $85,00. RECOMMENDATION:RESEAT TOILET WITH NEW WAX RING, AS NEEDED, Report It: 200400206 Work Authorization Page 1 of 3 pages Prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED MUtAL)ING NO. 2420 STREET D AVENUE Ordered by: LINDSAY ERICKSON WESTONE MANAGEMENT CONSULTANTS 710 CAMINO DE LA REINA, STE, 129 SAN DIEGO, CA 92108 An Inspection has been made of the structure(s) oh steps, detached decks and any other structures hot COY NATIONAL CITY Yip c:aNTY E u COD 91950 37 Property owner end/or Pnriy of Interest Report event to: PATE Or INSPECTION 01/27/2004 the diagram In accordance with the the Structural P Control Act. Detached porches, detached on the diagram were not Inspected. NOTE: If diagram Is not displayed here, please see the report. Work Authorization Prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED Page 2 of 3 pages BUILDING NO. B1REE7 CITY ZIP COUNTY DATE OP COOL INSPECTION 2420 D AVENUE NATIONAL CITY 91950 37 01/27/2004 Section: 1 2A= Section Total $ 7500.00 Section: 2 4A= 7500.00 Section Total $ 85.00 85.00 Total (items quoted only): $7585.00 Items to be completed by this company must be authorized on page three of this agreement. Mechanic's Lien: Notice to owner of Mechanics Lien: Under the California Mechanics Lien Law any structural pest control company who contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but Is not paid for his work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the Indebtedness, This can happen even if you have paid your structural pest control company In full if the subcontractor, laborers or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice". Prime contractors and laborers for wages do not have to provide this notice. A Preliminary Notice Is not a lien against your property. Its purpose Is to notify you of persons who may have a right to file a Ilen against your property if they are not paid. F UILOINO NU. 2420 SIRCCT Work ,Authorization Prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED LIF CITY D AVENUE NATIONAL CITY Page 3 of 3 pages 91950 (AUNTY C)ATE or INSPCCTION 37 01/27/2004 CODE Total (Items quoted only): $$75E15.00 ovemment agency, or If additional 1. If FURTHER INSPECTION Is recommended, if additional work Is required by any g g damage is discovered while performing the repairs, this company reserves the right to increase prices. 2. In the event that legal action is necessary to enforce the terns of this contract, reasonable attorneys fees may be awarded to the prevailing party. 3. This company will use due caution and diligence in their operations but assume no responsibility for matching existing colors and styles, or for Incidental damage to roof coverings, Tv. Antennaes, solar panels, rain gutters, plant life, or paint. 4. This report is limited to the accessible areas shown on the diagram. Please refer to the report for the areas not inspected. 5. If this contract is to be paid our of escrow impound the buyers and sellers agree to provide this company with all escrow billing information required to collect the amount due. The persons signing this contract are responsible for payment, and if the escrow does not close within 30 days after the date of completion of the work agree to pay In full the amount specified In this work authorization agreement, If this agreement Includes a charge for opening an area for FURTHER INSPECTION, it Is for opening the area only and noes not Include making additional repairs, if needed, nor does it Include replacing removed or damaged floor coverings, wall coverings,or painted exposed surfaces unless specifically stated. This company Is authorized to perform items; , Cost of work authorized: 1 AIIIIMUNIMMINNO=P' OWNER or OWNER'S AGENT: DATE: X x PETE PANIAGUA T MIT'-----T OL, INC. SY: ESCROW CO ESCROW NO: Report #: BUILDING NO. 305 200400207 WOOD DESTROYING PESTS" AND ORGANISMS INSPECTION -REPORT STREE"1OrrY E. 2GTH STREET NATIONAL CITY PETE PANIAGUA TERMITE CONTROL, INC. 3736 GROVE STREET LEMON GROVE, CA 91945 PH# (619) 668-0594 FAX (619) 668-0595 PR 3800 Ordered by: LINDSAY ERICKSON WESTONE MANAGEMENT CONSULTANTS 710 CAMINO DE LA REINA, STE. 129 SAN DIEGO, CA 92108 PH.# 619-299-9194 FAX: 619-299-9197 LIMITED REPORT COMPLETE REPORT if ❑ 0ENE0L 03SCRIP1ION: This Is a two story, stucco, apartment house, It has an attached garage or carport. It has e flat roof, It was occupied and furnished at the time of inspection. ZIP Dote of lncpnutlon NUMBER OF PA0E3 91950 01/27/2004 1 of 5 Property Owner uttWor puny of ihlerest Report cent 10 SUPPLEMENTAL REPORT ❑ REINSPECTION REPORT ❑ Inspection Tag Postod: Electrical closet, Other'foga posted: HARBOR PEST An Inspection has been made of the struoture(s) on the diagram In accordance with the the Structural Pest Control Act. steps, detached decks and any other structures not on the diagram were not inspected, of Other Findings Termites Drywood Termites UnFF gus/Dryrot IDSUhteea Termites If any of the above boxes are checked, It Indicates that there were visible problems In accessible areas, Read the repack od Termites 3 = Fungu5Jbty of 4 d Other Findings Kuy: 1= Subterranean Tortillas 2 r �rywn ---�` 4' Inspected By JOSE ESTRADA You aw entitled to obtain coplue of ell reloads and completion notices on thls property repolt to 56S�3204al Past Control Board du r6 the ptocadin9 two TOM. To obtain copies contact: BtNolur3I Post Control I3oard,'1418 Howu Avonue, Suite 15, Sacramehlo Cullfomie, NOTE: Guoetlohs or problems concerning lho ubovu report should bu dlreoled to the manager of tho company, Unresolved questions or problems with esrvicutApo urm d rnlyl01) ay be dhected to tho Structural Past Control Board at (916) 561-8708, (800) 787.8188 or vvww.poslUoerd,ca.gov. Detached porches, detached Further Inspection for details on checked Items 0 License No. FR19653 Signature 'LIP e , Pule e ot InspeotIOn NUMr'fi ill PALES MEET CITY bU1LeINO NO. 91850 01/27/2004 ( 2 of 5 305 E. 26TH STREET NATIONAL CITY ,"ES, CAUTIONS AND DISCLAIMERS The purpose of this report is to document findings and recommendations which pertain he time the e absence or presence of wood destroying organisms and/or conducive conditions(s) at of inspection. This report should be read carefully and is not to be confused with a home maintenance survey. The client's oar orgcompliance Without a mutual effortd or complete the this company cannot assurerons effective documented in this report areobligatory. or satisfactory results. areas The pest control industry recognizesrnot limited toa Inaccessible structure thave n and/or inaccesible and not orportions Inspected. These areas include but a thereof, attics with less than 18" clear crawl space, the interior of hollow walls, the crawl space underneath a deck less than 92'; covered ting lumbefloor masvnry, oe f'in shed wo khng below, areas where there is no access w houf defacing or ea areas underneath, behind or below appliances or beneath floor coverings or furnishings or storage, locked areas, and areas requiring an an areasion lodtmbers around eaves that wer, areas where ould equirees, euse of an or locks make inspection impractical, houses, extension ladder. Unless otherwise specified in this report we do not inspect fences, dog sheds, detached patios, detached wood decks, wood retaining walls, or wood walkways. MOLD DISCLAIMER: THERE MAY BE HEALTH -RELATED 0 QUALIFIED TO RENDER ANIMPLICATIONS ASSOCIATED Y OPINION ITH THE '"'NDING(S) REFLECTED ON THIS REP JNCERNING ANY SUCH HEALTH IMPLICATIONS, AND NO SUCH OPINION IS EXPRESSED, THE INSPECTION REFLECTED BY THIS REPORT WAS LIMITED TO VISIBLE AND ACCESSIBLE SURFACES ONLY; WE ARE NOT QUALIFIED TO RENDER ANY OPINION AS TO INDOOR AIR QUALITY, AND NO SUCH OPINION IS EXPRESSED. ANY QUESTIONS CONCERNING ANY HEALTH -RELATED IMPLICATIONS WHICH MAY BE ASSOCIATED WITH THE FINDINGS OR RECOMMENDATIONS (INCLUDING RECOMMENDATIONS ONCERNING INDOOR AIR QUALRI�Y, SHOULD BEL REPAIRS) AT ARE REFLECTED IN THIS REPORT, DIRECTED TO A QUALIFIED PROFESSIONAL. NOTE: THE EXTERIOR SURFACE OF THE ROOF WAS NOT INSPECTED. IF YOU WANT TIGHTNESS OF THE ROOF DETERMINED, YOU SHOULILD CO ACTA ROOFING CONTRACTOR WHO IS LICENSED BY THE CO THE STRUCTURAL PEST CONTROL BOARD ENCOURAGES COMPETI77VE BUSINESS PRACTICES AMONG REGISTERED COMPANIES. REPORTS ON THIS STRUCTURE PREPARED BY VARIOUS REGISTERED COMPANIES SHOULD LIST THE SAME FINDINGS, (IE. TERMITE INFESTATIONS, TERMITE DAMAGE, FUNGUS DAMAGE, ETC.). HOWEVER, RECOMMENDATIONS TO CORRECT THESE FINDINGS MAY VARY FROM COMPANY TO COMPANY, THEREFORE, YOU MAY WISH CORRECTING oHE FINDINGS SECOND SEEK A OPINION oT SINCES REPOR RTHAT MAY E MAY BE ALTERNATIVE METHODS OF "BE LESS COSTLY. ructural pest NOTICE TO OWNER: Under ok for you, anyy contra tor,Lien Law, any subcontractor,laborer, suppler,orlother company which contracts t Report #: 200400207 3 BUILDING No. srnEEf CITY NATIONAL CITY 305 E. 26TH STREET ZIP 91950 bet of N wotIon NUMBER OF PAGES 01/27/2004 3 of 5 person who helps to improve your property, but is not paid for his work or supplies, hasa right to enforce a claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the laborers or suppliers that remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as sub -contractors or material suppliers are required to provideyouwith cument is to entitled nofy yo"Preliminary relof imina s Notice". A preliminary notice is not a lien against your property, purpose r, in order to who may have a right to file a lien against Yot�he�nspection fee and/or money due if they are not paid. As an an work protect himself from the above, should payment completed within 30 days of completion, naf a ain nd odfdif5% per month beginning offer the 30 daystion any costs or legal fees required for lection. interest will be charged on money s that you be PESTICIDES; NOTICE TO OWNER, OCCUPANTS, AREERS. "State law TOXIC CHEMICALS°eStrucfuralpesf given the following information: "CAUTION-PESTICIDESapplyl pest control companies are licensed dforgusl use theby the CalSor Structural iPest menf of Food and Agriculture and the ides UnitedareStates registeredEnvironmental and approvedRegistration is granted when the state finds that based United Environmental Protection Agency. on existing scientific evidence there are no appreciable risks if proper use conditions are followed or that risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be m►nimized. NO CHEMICAL APPLICATION WILL BE RITHE UNDERSIGNEDMWILL A cED UNTIL SUCH TIE THAT �pT TICE IS RETURNED. HAVING READ THE INSTRUCTIONS, RESPONSIBILITY FOR ALL THE AFOREMENTIONED. Date Signed: (Owner/Occupant) If within twenty-four (24) hours following application or experience pson y pt ol s similar to common seasonal illness comparable to the flu, contact your physicianion contact ter at: (800)544-4404 and your pest control operator hi s roe report; for health quely. For itional esfions:f o7he rmatCaunty Healthy of the following: This firm as noted on first page ofp 13-974-6203, San Department: R6-5070, 90 Bdno. 909i-387--6280' ForB34-5647, Los app cation information: County Department of Diego-619-236-5070, San Bdn Agriculture: Riverside-909-654-3266, Orange-714-447-7100, Los Angeles-618-575-5471, San Diego-619-694-2739, San Bdno. 909-367-2110 CFoar regulatory information: 0, Phone 916 56The Struc0ral Pest Control Board at 1418 Howe Ave., Ste, 18, Sacramento, THE FOLLOWING CHEMICALS MAY BE USED: TALSTAR-Bifenthrin, CHLOROPICRIN, VIKANE-Sulfuryi Fluoride, COPPER CLEAR, DURSBAN PRO-Chlarpyrifos, TERMITAFOAM, METHYL BROMIDE, PT-270-CHLORPYRIFOS©0.5%, Power Plant (d-Limonene), TERMIDOR SC-Fipronil. year guarantee Fumigations performed if any will be done by treatments and ua wiood repairs fro(mPet)date of completion, all fumigations, microwave treatments, localized t Report #: 200400207 41 UUILPING NO. 305 STIWE1 E. 26TI-I STREET 91950 Data of'Intoodion 01 /27/2004 A thirty (30) day guarantee on tile and shower pan work, plumbing, grouting, resetting of toilets, and floor coverings as these are owner maintained areas. No guarantees on secondary recommendations. NOTE: ANY RECOMMENDATIONS BEING PERFORMED BY OTHERS MUST BE INSPECTED DURING WORK IN PROGRESS, BY A LICENSED INSPECTOR FROM PETE PANIAGUA TERMITE CONTROL AT AN ADDITIONAL $75.00 REINSPECTION FEE. PETE PANIAGUA TERMITE CONTROL IS NOT RESPONSIBLE FOR NOR OFFERS ANY GUARANTEE OR STATEMENT OF QUALITY ON ANY WORK PERFORMED BY OTHERS, PERSON(S) IN INTEREST ARE TO OBTAIN ANTEES FROM PERSON(S) PERFORMING WORK. IF ALL WORK IS DONE BY P AND GUPANIAGUA TERMITE CONTROL THE $75.00 INSPECTION FEE WILL E WAIVED. DONE BYPETEPANIA iF A SEPARATED REPORT HAS BEEN REQUESTED, IT IS DEFINED AS FOLLOWS: Section 1 Contains items where there is visible evidence of active infestation, infection or conditions that have resulted in or from infestation of infection. Section 2 - Items are conditions deemed likely to lead to infestation or infection but where no visible evidence of such was found. Further inspection items are defined accessrecommendations to complete the inspection apect nd canno) which t be defined asoriginal inspection did not allow theinspector egction 1 or Section 2. 2. DRYWOOD TERMITES ITEM NO. 2A FINDING AND RECOMMENDATION: 2A ITEM NO. 2B FINDING AND RECOMMENDATION: 2B (Section 1) DRYWOOD TERMITE INFESTATION NOTED AT WINDOW FRAME UNIT 3, WINDOW SILL UNITS, 1 AND 37, DOOR JAMB UNITS 4, 20, 33, UNDER KITCHEN SINK UNIT 20, EXTERIOR. COST 22,250,00 RECOMMENDATION: THERMALLY TREAT AREAS OF INFESTATION WITH A MICROWAVE TREATMENT PROCEDURE AND/OR IN CONJUNCTION TREAT ACCESSIBLE AREAS WITH DRAGNET FOR THE CONTROL OF DRYWOOD TERMITES, COVER/AND OR REMOVE ACCESSIBLE PELLETS. (Section 1) DRYWOOD TERMITE DAMAGE NOTED AT DOOR JAMB UNIT 4. COST $220.00 RECOMMENDATION: REMOVE, REPLACE AND/OR REPAIR AREA(S) AS NEEDED. Report #: 200400207 9UILbINb NO. 305 STREET CITY E. 25TH STREET NATIONAL CITY 4. OTHER FINDINGS ITEM NO. 4A FINDING AND RECOMMENDATION: 4A 91950 Unto of InapucUon 01 /27/2004 NUMBER OF PAGES 5 of 5 (Section 2) LOOSE TOILET NOTED AT BATHROOM UNITS 2, 11, 21, 43. COST $175.00. RECOMMENDATION:RESEAT TOILET WITH NEW WAX RING, AS NEEDED. Report #: 200400207 SUILOINO NO. STROE E Work Authorization Page 1 of 3 pages Prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED 305 E. 25TH STREET Orderud by: LINDSAY ERICKSON WESTONE MANAGEMENT CONSULTANTS 710 CAMINO DE LA REINA, STE, 129 SAN DIEGO, CA 92108 An inspection has beep made of the structure(s) on the diagram In acdordance with the the StrUctUr l Pest Control Act, Detached porches, detached steps, detached decks and any other strUctures not on the diagram were not Inspected, NOTE: If diagram is not displayed here, please see the report CRY NATIONAL CITY COUNTY IME OF WOG INeI'Et;nON 91950 37 01/27/2004 Report sent to: PropWNy Owns? undlor Forty of Intorest IBUILDING No. 305 STREET Work Authoi1zatiof Prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED CITY E. 26TH STREET NATIONAL CITY Section: 1 2,A= 22250.00 2B= 220.00 Section Total $ 22470.00 1, Section: 2 4A.= 175.00 Section Total $ 1.75.00 Total (items quoted only): $22645.00 ZIP 91950 Page g of 3 pages COUNTY LOPE 37 CRATE op INSPECIIQN 01/27/2004 Items to be completed by this company must be authorized on page three of this agreement, McCllafIG'S Len: Notice to owner of Mechanics Lien: Under the California Mechanics Lien Law any structural pest control company who contracts to do work for you, any contractor, subcontractor, laborer, supplier or other person who helps to improve your after a , but Is anot ing,paid s work ycousupplies, d belisold by a court officer and the procim eeds of the ainst your sale used tosss tisfy theeans after a court hearing, yourproperty indebtedness. This can happen even if you have paid your structural pest control company in full if the subcontractor, laborers or suppliers remain unpaid. aimants such as sTouppliers pliers a e►required el uiredtto file a claim or lien against your to provide you with a document entitled d "Pre►iminaryroperty, certain iNott e", Prime contractors ctors or and laborersfor suppliers q wages do not have tmpvhavethis right notice. to file a lien against iyoyr operty if they areagainst not paid. property. Its purpose is to notify BUILUINC NO. 305 STREET Work Authorization prepared by PETE PANIAGUA TERMITE CONTROL, INC. ADDRESS OF PROPERTY INSPECTED E. 26TH STREET Total (Items quoted only): $22645.00 1. If FURTHER INSPECTION is recommended, If additional work is required by any government agency, or If additional damage is discovered while performing the repairs, this company reserves the right to increase prices. 2. In the event that legal action Is necessary to enforce the terms of thls contract, reasonable attomey's fees may be awarded to the prevailing party. plant inlifg, r pat. 3. This company, or use due cidamaand e todiligence roof coverings, heir operations solar panels, rain glty for utters, life existingn colors and styles, or for incidentalg 4. ThIs report is limited to the accessible areas shown on the diagram. Please refer to the report for the areas not Inspected. 5ee to provide this any with l escrow b. if this contract is to paid collect of escrow impound The persons signing this the buyers and sellers rcontract are responsible for paymient, and if the g information escrow ot close required to collect the am the escrow does not closwithin 30 days after the date of completion of the work agree to pay In full the amount specified n this work authorization agreemen t. the agreement making des a charge fopening needed, an norr does it irea for nTHER clude ude replacing removed oN, It is r damagedr opening the area only floor coverings, does not Include making additional repairs, wall coverings, or painted exposed surfaces unless specifically stated. CITY NATIONAL CITY z,IP 91950 Page 3 of 3 pages COUNTY CODE 37 UATt OF INspEGTION 01/27/2004 This company is authorized to perform Items—..____.--- 3ost of work authorized: PETE PANIAGUA ERMiT NTR BY: NATIONAL CITY, CALIFORNIA APPLICATION for Tentative Parcel Map Tentative Subdivision Map Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619)336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETINGTHIS FORM FOR DEPARTMENT USE ONLY Case Number C ' ?mod Li` I Filing Fee $ [ kIs- Receipt No. Date Received 2-112/6 j By AAA ,rvJ E.A.F. Required kit A- Fee $ N IA - Related Cases (Np -ZOO Lt - SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. PROPERTY LOCATION 306 1 2tip fl L COMBINED GENERAL PLAN/ZONING DESIGNATION Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 7U Name: Ai( OR OTHER AUTHORIZED REPRESENTATIVE Nit0- Signs Signature jVPr ( ignature acl wledges did this application is being filed) Address: 216ppp dot for gokot. i/16{ti[ j� Z % - Address: (Signature acknowledges that this application is being filed) t/,4 Phone No. jq.?aq. f/475 Phone No. Fax No. 2 ! . e (7 Fax No. Date: Of Z7 %(jll Date: flfpl Ni/1- PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: W. view e 1 134C6 uC Name: Signature IO(o7Signature (S. nature acknowl ges t this (Signature acknowledges that this application is being filed) application is being filed) Address:,, Ht[(le Address: N j a 3,414440( ca 1121a Phone No. J -- Phone No. Fax No. tI/A Fax No. / Ic Date: 01 I'M 109 Date: A l !- Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 2 of 3 `7! Fax No. Date: APPLICANT Name: `(14Q . AAA. (Please r print) • Signatur m.,�.c.r_a_u.l+off (Signature cerh"fiekhrit the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 1(0 CJ.fi 4444 .> `�k �Cllill�i Elam 17 CA, 1 2(08` • Phone No. 4 (i e 21 a — 'j ci" - re (1.:-°t 1 . 4'1,117 cot 12.7rOtt Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 i MAR, 2.1995 12:32AM NO. 2409 P. 4/6 23006 Exhibit A AO that certain real property situated In the County of San Diego, State of California, described as follows: PARCEL 1: The westerly 60 feet of the Easterly 320 feet of the Easterly Half of 10-Acre Lot 2 in Quarter Section 152 of the Rancho De La Naclon In the City of National City, County of San Diego, State of California, according to Map thereof. No. 166, made by Morrill, Bled In the Office of the County Recorder of said San Diego County May 11, 1869. EXCEPTING THEREFROM the Southerly 30 feet thereof, as conveyed to the Clty of National City, for street purposes, by Deed recorded In Book 1511, Page 216 of Deeds. PARCEL 2: The Westerly 50.00 feet of the East 370.00 feet of the East Half of 10-Acre Lot 2 In Quarter Section 152 of the Rancho De La Naclon in the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed In the Office of the County Recorder of said San Diego County, May 11, 1869. EXCEPTING THEREFROM the Southerly 30.00 feet thereof as conveyed to the City of National City for street purposes by Deed dated June 30, 1928 and recorded in Book 1511, Page 216 of Deeds. PARCEL 3: The Westerly 34 feet of the Easterly 404 feet of the East Half of 10-Acre Lot 2 of Quarter Section 152 Rancho De La Naclon In the City of National City, County of San Diego, State of California, according to Map thereof No. 166, filed in the Office Of the County Recorder of San Diego County May 11, 1869. EXCEPTING THEREFROM the Southerly 30 feet thereof as conveyed to the city of National Clty for street purposes by Deed dated June 30, 1928 and recorded in Book 1511, Page 216 of Deeds. PARCEL 4: That portion of the Easterly Half of 10-Acre Lot 1, Quarter Section 152, Rancho Del La Naclon, In the Clty of National City, County of San Diego, State of California, according to Map thereof No. 166, Bled in the Office of the County Recorder of San Diego County, May 11, 1869, described as follows: Beginning at the intersection of the Southeasterly line or 24h Street with the Southwesterly Ilne of "D" Avenue; thence Southeasterly along the Southwesterly line of "D" Avenue, 192 feet; thence Southwesterly along a line parallel with the Southeasterly line of 24u' Street, 125 feet to the True Point of Beginning; thence Southwesterly Parallel with the Southeasterly line of 24"' Street, a distance of 147,2E feet, more or less, to the Northeasterly line of the Southwesterly 347.72 feet of the Northeasterly Half of said Lot 1; thence Southeasterly along said Northeasterly line 98.00 feet, more or less, to the Southeasterly line of said Lot 1, thence Northeasterly along said Southeasterly line 147.28 feet, more or less, to an intersection with a line drawn Southeasterly parallel with the Southwesterly Ile of "D" Avenue from the True Point of Beginning; thence Northwesterly along said parallel line 98.00 feet, more or less, to the True Point of Beginning. PARCEL Si That portion of the Easterly Half of 10-Acre Lot 1, Quarter Section 152, Rancho Del La Naclon, In the City of National Clty, County 0f San Diego, State of California, according t0 Map thereof No. 166, flied In the Office Of the County Recorder of San Diego County, May 11, 1869, described as follows: Beginning at the intersection of the Southeasterly line of 24'" Street with the Southwesterly line of "D" Avenue, thence Southeasterly along the Southwesterly line of "D" Avenue, a distance of 102 feet to the True Point of Beginning; thence Southeasterly along said Southwesterly line, a distance of 90.00 feet; thence Southwesterly parallel wlth the Southeasterly line of said 24th Street a distance of 272.28 feet to the Northeasterly line of the Southwesterly 347.72 feet Of the Easterly Half of said Lot 1; thence Northwesterly along said Northeasterly line, a distance of 90.00 feet to the line which bears Southwesterly, parallel with the Southeasterly Ilse of said 24"' Street from the True Point of Beginning; thence Northeasterly along said parallel line 272.28 feet to the True Point of Beginning. ;d prop: 562-040-28 -A- - SD:2003 00296937 10/06/2003 12:23 PM 3 of 3 7 H. View Residences LLC c/o David Hurwitz 2871 Sage View Dr Alpine, California Phone 619-368-9171 November 4th, 2003 RE: 305 E. 26th St./2420 D Ave. National City, California 91950 To Whom it May Concern, This shall confirm that H. View Residences LLC, owner(s) of the above mentioned property, has retained Archstone Management Consultants 710 Camino De La Reina, Suite 129 San Diego, California 92108-3216 Phone 619-299-9194/5 Fax 619-299-9197 in order to obtain the appropriate subdivision approvals from the City of National City, register the approved one lot Subdivision Plan, Condominium Drawings & Plans and C,C &R's. H. View Residences LLC, hereby authorize Archstone Management Consultants and Mr. Joseph Scarlatti and or Ms. Lindsay Erickson to obtain any documents, drawing and related information relevant to the above captioned property and to sign any documentation necessary on our behalf. Yours truly, H. View Residences LLC c/o David Hurwitz Authorized Signature 74/ NATIONAL CITY, CALIFORNIA APPLICATION for Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM FOR DEPARTMENT USE ONLY Case Number C A1P 2O0tE -S Filing Fee $ P , 3 2S- Receipt No. Date Received 2'11?AO t By MAA-111J E.A.F. Required N 11 Fee $ lV / 4 Related Cases - 2-oo q - LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) Afton \nod PROPERTY LOCATION OI,S #2.1044•1 No Street • between 21T t' 21,+h hallind VQ D g E �t n01 COMBINED GENERAL PLAN/ZONING DESIGNATION Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 (Signature acicngwledges•tlfat this application is being filed) Address: l d..2 14 fl 5a41 , CA 1710t REQUEST: The Applicant requests a Conditional Use Permit (Chapter 18.116), Planned Development Permit (Chapter 18.126), or Planned Unit Development Permit (Chapter 18.30) to use the above described property for the following purposes: �! c par rdtwvt t \C ups OVVat95 PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name:.4(644 • tik°'9 Name: A; Signatures-�> Signature N (Signature acknowledges that this • application is being filed) dress: Phone No. (Q(0,v - 01.01 61s Phone No. Fax No. � (O . 7 .1 l 1 Fax No. Date: 0 21 t 0 l` Date: iovpor I onditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of 4 APPLICANT Name: AYe,t4D�MM' fly (Please type print) Signature a,10a_ _c,ai64-04,w5 (Signature ertifies that the information submitted with this application is true.and accurate to the best of the applicant's knowledge). Address: 11V CiA41.14,015k 5aitot Dittiv r. CA gZiO"K Phone No. t10 - 2 C(�.�. 1 LI C Fax No. (Q. 41 . Z1.al . 1 1 q 1- . Date: nl 117 { 0 `J Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 Westone Management Consultan Real Estate Management Consultants 1649 Broadway, Suite A San Diego, California 92101 Phone 619-645-907 14 SEP 2004 PM 2:55 fax 6 -M.5-907- Email I rzet September 13, 2004 City of National City Planning Department 1243 National City Blvd. National City, California RE: 305 26th St/2420 D St Condo Conversion To Whom It May Concern: Upon approval of the condo conversion„ on the above referenced project, it is our Clients intent to completely renovate the units and sell them to the public. Prior to the public sale, each tenant will receive a 90 day exclusive right to purchase their unit or any unit within the comn-iunity development. At this time, any tenant whom waives their right to purchase will receive their deposit lei full in addition to one month free rent, or equivalent to, as relocation assistance. Those tenants choosing to purchase a unit will receive the same benefits, which can also be polled as part of a clown payment. Sincer Joseph Scarlatti Phasing Plan 305 26th St/2420 D Ave Iir�nit�i : 16 —2 BD, BATH APARTMENTS 32 -IBD, 1 BATH APARTMENTS 766 SQ.FT. 616 SQ.FT. TOTAL UNITS: 48 31,968 SQ.FT. 1—20'x20' LAUNDRY ROOM 1—20,x20' OFFICE 400 SQ.FT. 400 SQ.FT. PARKING GARAGE 36— 9'x20' PARKING STALLS Building 2 : 3 —2 BD, I BATH APARTMENTS 23 -IBD, 1 BA III APARTMENTS 766 SQ.F"I. 616 SQ.F'I. TOTAL IINITS: 24 15,034 SQ.FT. 1—20'x20' LAUNDRY ROOM 172 SQ.FT. PARKING GARAGE 36— 9'x20' PARKING STALLS PARKING: BUILDING 1 PARKING GARAGE: 36— 9'x20' PARKING STALLS BUILDING 2 PARKING GARAGE: 36— 9'x20' PARKING STALLS EXTERIOR PARKING: 37— 9'x20' PARKING STALLS TOTAL SPACES: 109— 9'x20' PARKING STALLS OPENSPACE: .3970 SC?.FT Vf/40/4VV4 io:,iv rxn tI -4 UlO1 UESTUNE MNOT CONSULTANTS ® 002/003 Project Redevelopment 305 261t' Street & 2420 D Street National City, California Proposed Renovations to the Exterior of Building & Common Area Paint building as follows Roof Building Color - Western Beige Trim, Doors & Railings - Spanish Brown expectancy Trim Post & Fascia - Padre Brown Entry Doors - Desert Orange NOTE - colors are subject to change at the request of the applicant Replace roof to 20 year life Parking Trash Repair Parking, seal, re -stripe and number the spaces Paint and replace lighting in the Underground parking area Landscaping Tropical setting, Queen Palms, Re -sod grass area, and install new Irrigation System Windows Dual Pane Vinyl Windows Title 24 Enclose and cover trash Containers with metal doors Fencing & Railings Repair & replace fence All Railings will be brought up to current Code or replaced to meet Current -Code Doors Four Panel Entry Door One Hour fire Rated Gas Fired Hot Water Heaters Laundry Facilities To be Replaced Concrete Courtyard over Parking Add potted Plants and bench seating General Repairs The Developer intends to lease New washers & Dryers and enhance the existing Laundry Room and add a second Laundry Room All repairs identified in the physical elements report will be address as needed or as part of the reconstruction program Vtt Of4VV4 13:41 FAA afar WESTONE MNUT CONSULTANTS 003/003 Project Redevelopment 305 26`h Street & 2420 D Street National City, California Proposed Renovations to the Interior of Buildin Walls & Ceilings Walls - Bountie Beige Base Board - Swiss Coffee Crown Moldings - Swiss Coffee Ceilings - Flat Swiss Coffee Bathroom & Kitchen - Semi Gloss Kitchen Maple Cabinets & Formica Counter Tops New Sink & Taps New Appliances Kenmore Brand Stove, Fridge Microwave & Hood fan Doors Eight panel Douglas Fir Interior Doors & 3 Inch Trim molding Note Flooring New Carpet, Ceramic Tile Floors 12 X 12, Linoleum in Bathroom Bathroom Maple Cabinets, Cultured Marble Counter Tops New Sink, Tub & Shower & Shower Value, Toilet Lighting Lighting Package & Ceiling Fan $400 budget Door Hardware Brushed Nickel Upgrades will be available to the buyer at time of sale NATIONAL CITY PLANNING EXHIBIT A Revised CASE FILE NO. S-2004-4 DATE: 5/28/2004 305 EAST 26TH ST. AND 2420 D AVENUE P (1. FiTI 1 UCH . 50 DUI " 0100livw0 W __ LF y.1_ 29P%'331 6p00' I N.�i1. 1 00,00E W 4 Iti01 11° c1:11 DP[ry WPN /PRAY AREn P.✓ FENCE 71001,22E sssa4• !C� 9 ,.Cn1V'n.1 it 200. AVENUE O m�N 0 PS 1.1 9 R E 0 0, \CONC. FANNON, /M1711119 12S001 E1+10IoG NALL ANL .02-0L / 2420 A • AP N 562-04-12 APN 56204-15 APN 502-74-lo 1130' FISTED EASEMENTS ITEM NVL10EP5 PEP PPELnnrv0R4 TORE PEPOPI BY LNIBMILRIC+ CONHBNFE4LM Taff ORDER 026'1061-a99-6fe BATED 11040E CR 19, I005 NONE EjBIVEYON8 STATEMENT HERESY STATE THAT ENEEo ND IH'.E000 ,6 HE SIa4 o AU111u AND rx1 C ON51511110 0 57EE1 CCPPECIE0 REPBESEN is BOUND RUES Or THE LAND, ANC NHL PEL(TIO11 MENE10 THE uNTs. PErEPED TO HERON, AND THAT ALL 011104 APE SHOWN AND C.N 0P11 TO SAID 0011006411N0u PIP11 .CHART J EANxEP LS 091' DATE LIC 000 09; 5O/01 ndp F NADD411 00 ( Mr0T 10ES1PNA000ENR11 ME ID 'D' ♦VEI1OE BASE OF BEABEg8 ME CENTERLINE 4F 'D' AVEOIOE PER RECORD 01 SURVEY 11569. IE. N 1'E1'S31 W ENDINIEWSIBIDELOB 004ANTH E0TERPRR.CR $10115Ut lAxli (]rv011.0. F i9 GO) 115-0500 2H CR,tS TAIL FlRES SEPIEUBfR )V, 2009 I. 101501 SNL. HO PBOPOSE0 GRAFIND 2 ALL 0515NNG 51R0CNRES TO RE RETAINED l0 RB .L OTTER Trt 28TN STREET TYPICAL SECTION IENISD'4 STREET) 0 "SCALE E0 20 LEGAL DESCRIPTION -Cc` 1 PIE WESTEPL0 LN (EEO OF THE En'i1E0LY 100 FEET O THE EASTERLY HALF or 10-ACRE LOT 2 RI CURTER S LtrmH 5 or THE 440,00E DE LA 1ur]0N IH v N0 n x.xmNL 000 COUNTY OF 5 11 EREG4 STATE01 o 9r0i*00 .(0pao11m THE NAPA m(PEof NH 1 rm.!. 00740 m0 1N 14 0 OO C 1 THE C RECORDER of 114E S.N 01CGp !011NIv unv 11, 1A4/. INCEPTING INEPEFROM THE SOUTHERLY 0 FEET IHCPC01, AD p0N(Y0D TO HE fay or STREET PI PBSES, BY DEED PECOROEI�R, IBNOR RI. 11. P AGE 210 or 0EE05 PAR(¢ ME WESIEPL1 S000 FEET 0( ME RANT 12000 FEET 0( THE EAST + r Of 14-ACRE LOT 2 IN WAPNER !£CII0N 152 OE THE RANCHO DE N NAE1011 IN ME Cltt Cf NA1101uL DO. Comity of 5AN 01E60, SIAIE O [.VILER¢ ACCORDING TO STAR I0E0EOF 170. 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DEED IxC ONFME 0 IY PEC NRDEP Or SAx CIECC 1:V'Jr,n. uny II, IR6A LVL 5CPIG CD +5 r0ul•WS THE P RLECTON 0 THE SUNHGSIEP.LY LINE • N)1F 2 IN c1REEI Cw THE SV N0C51EPLY LIE OF -C' +RUIN . 1H(NCC 50VTHEn510000 00ONG INL SO01HWC5 ERLY LINE 00 -U AVEIIVE. 192 FEET. 7410110E SCUINWES ERLY ALCM n NNE PARALLEL W N INN 50UMCP4RRLY LINE 0r I+IH STREET. 12 MET TO ME PVC P017i OF OEGINNINO: THENCE A0100041EHLY • NLEL M THE 90!rMEP01EPLY LINE Of 2901 STREET, n DTSTNICE Or lax 29 FEET. MOPE OR LDS: TO THE 1100r STERLY LINE OF D¢ SOLITY YEs(Pv 647 1 EEEI Cr I 0 NCPmU.0ERLY HALE OF (00 LOT I. THENCE 5 01HEn0¢RLY ALONE, SAID N Hm4TSTER1Y LI P5.00 fm. MORE OR LESS. 00 THE 5nmxo51ERLY LINE 0f 500 1 1 1. THENCE NORLME4S1ENF1Y ALONG 5V0 ' Mf0x0EA51EPLY LINE In' 20 FIC1, ORE OR LESS. 10 u0 ELT1 11 WIIM A L112 OFAWII SOUTn0ASICOLY PARALLEL WIN 1NF SOUTHWESTERLY LIME Cr "D' nvExl1E Mom ME LE 210E Or BEWIIING THENCE IICPIHWLS ERLY 40114 CND PARALLEL LIE 0900 FEET, HOPE 0R IC55. TO THE IRV( POINT O( BEGI4I0G. SOUTHNESTERLp LINE. F 91 ALPINE. A 01511,0E OF 102 ,T� 6EEi ( r E R FOlxt a 4 0. C PnnxG r 4OVINEA51 RLY ALCNO . 10 `0 MWEStf PLY 40E, 24TH L'„I 040*LLEE E 900E 5011E 501 0 SOV mrv, 51[Rt: PA RALLft wax THE SOVIXEaSi RLY LINT t PARCEL Y. THAT PO TOII Of ME EASTERLY HALF OF 10-ACNE L01 R'W CRT Orr TN NON CITY. I52. C)N10OFOOE LA SAN DIEGOAC'STATENOTHL CALIFORNIA ACCORD.* 10 UAF THEREOF N0 TEE. FILE Jry THE OROOE 'F THE DO,NNT RECOPBOR Or SAN 01E00 LSUN , M 1 I. T060. DESCRIBED A5 OLL:W5 1 O 12 0R4INNNO AT THE INIERSEC110 OF THE 50um(ASIE(L0 ( CF 2 TO 51PEEI Mm THE SJVIN'NESIEPLT LINL OF MENU MExCE 50010E 5 ERLY AL0114 ME O MEUCE STREET A ISTADOE OF 262 NORTHEAST RIND LINE OF NNE 8 f.'0HWESTERLv 5A ET TO THE DX 510EWALn IM FEET 4F T E EASTERLY H2IF 4f FAIN LOT 11 I(Cx1E NORTHWEST Rue ALONG SAID N RINEA51ERLY LINE. A 4150ANEE OF 70.00 FEET TL 1 E LINE wrilui AGES 54VIXIYESNERL0. PARALLEL M ONE EOVTx0TS1EPLv LINE OF SAID 1 TNSTREET FROM THE ME 00101 Cf DINE Nnmc 2 i2.10THENCE TONORTHEAST THE TRUE RPOIN1 Or PEOINNIND. EL ASSESSORS PARCEL NUMBER. D6'te090 0000 9-00 R/W N0 \15„ 0ll00 1 NIH,FR L. AR FAKING D AVENUE TYPICAL SECTION 1(01TINO STREET, NOT 10 SCALE LESBIC AND ABBEVIATIONB • umNP uNINIFFENT N1100 In.0000! .RIVER 1..1NL DRYER NrNE nN RNIR uFCwn tx PVI1CIIIG C 0I PrNAIL/FE CI•C LT 1lf16E1C Ca EE EI 11 01E 0LACOCA15 EAST 24N nrt L1 DOIBOMPS M PROJECT S10E1111,L l' 0101E /1 L00rfx 1x 1 C0ll0 J 6 Jr TN, ST.IE a of4RIRA CrnL GODS SITE DATA AS5f40R'5 PARCEL NIINBER EJ -Onri_i -pri 10E ▪ AREA 1 AF AO 1 0G ZONE R wA40IER S'IEEIwn4EH M SEED, EEwpR GLOWS pLAN m[•A E*1<TING P N1110/110 virw 1 EFTA L 1T0 C0021NO of a PENA. 'DIE 11 SAN MOO. C. 02100 QTBER1li1l05. 10A. (:0' n0C14f0OLUF„1 150 CALTrr10 CI A L4 RPMREiN*. 111E T,u S AT) G1Ena CA 9404E n_-OPN 0:IT Anlr TAP J FL1 1 PryONE 61R 249-6300/$09-911 0NNE CRY OF NATIONAL CRY SHEET T OF 1 TENTATIVE SUBDIVISION MAP APPLICANT. 14. VEW RESIDENCES, LLC ' ASSESSOR PARCEL NUMBER. 0022.0402. 2600 S0 REQUEST. APPROVAL LOT MAPSUBDIVISION FOR THEON CONDOMINIUM UNITS. I �TjIpyY.�AYIAB= N�11�TYM'® APPROVED BY Typical 1 & 2 Bedroom Unit Floor Plan *Certain Units Abut Community Laundry Facilities as Demonstrated Above i & a •$@ PI motsmosove magsmacenOrteff MATIMI casr, c M NATIONAL CITY PLANNING DEPT. EXHIBIT C CASE FILE NO. S-2004-4/CUP-2004-5 DATE: 9/142004 City of National City **REFER To ITEM #23 COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2004 AGENDA ITEM NO. 22 / ITEM TITLE: PUBLIC HEARING OF THE SPECIFIC PLAN FOR RESIDENTIAL, COMMERCIAL AND MIXED -USE DEVELOPMENT IN DOWNTOWN NATIONAL CITY AND RELATED AMEND- MENT TO THE GENERAL PLAN PREPARED BY: Benjamin Martinez DEPARTMENT Community Development Commission Executive Director EXPLANATION: The Community Development Commission has prepared the proposed Downtown Specific Plan pursuant to the regulations of Sections 65450 to 65457 of the California Govemment Code, which have been adopted and incorporated under Section 18.08.030 of the City's Municipal Code. The General Plan Amendment is being processed pursuant to Chapter 18.112 (Amendments) of the City's Municipal Code. Additionally, a Program Environmental Impact Report has been prepared pursuant to the re- quirements of the California Environmental Quality Act to evaluate the potential environmental impacts that could occur with the approval and implantation of the proposed Downtown Specific Plan. A Supplemental Staff Report has been prepared and attached to provide more information on the proposed Downtown Specific Plan. This public hearing is being conducted pursuant to the requirements of the California Government Code. A Public Notice was published on November 5, 2004, and mailed to the surrounding property owners. Environmental Review N/A On November 16, 2004, the Community Development Commission will consider the certification of the Program Environmental Impact Report pursuant to the requirements of the California Environmental Quality Act. Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. J STAFF RECOMMENDATION Conduct the public hearing. BOARD/COMMISSION RECOMMENDATION On November 1, 2004, the Planning Commission conducted a public hearing; and recommended that the City Council approve the Downtown Specific Plan. ATTACHMENTS (Listed Below) 1. Supplemental Staff Report Resolution No. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN AND AN AMENDMENT TO THE GENERAL PLAN FOR RESIDENTIAL, COMMERCIAL AND MIXED -USE DEVELOPMENT WITHIN DOWNTOWN NATIONAL CITY CASE FILE NO.: GP-2004-4/SP-2004-2 WHEREAS, the Community Development Commission of the City of National City has drawn its attention to the Renaissance of the downtown area as a juncture of favorable circumstances. This vision commences with the creation of the National City Downtown Specific Plan. The downtown area is envisioned to be a desirable and attractive destination to live, invest and thrive through the implementation of innovative policies, standards and procedures which in turn would generate a vibrant catalyst for further redevelopment and the full revitalization of Downtown National City; and WHEREAS, the Community Development Commission has prepared and processed the National City Downtown Specific Plan has been prepared pursuant to the regulations of Sections 65450 to 65457 of the California Government Code, which have been adopted and incorporated under Section 18.08.030 of the City's Municipal Code, and the General Plan Amendment has been processed pursuant to Chapter 18.112 (Amendments) of the City's Municipal Code; and WHEREAS, the intent of the National City Downtown Specific Plan is to reinforce the downtown as the civic center, hub of commercial commerce, attraction to modem living, and heart of National City. All new developments and the revitalization/rehabilitation of existing buildings and structures within the downtown area would be governed by the National City Downtown Specific Plan and the City's General Plan. The National City Downtown Specific Plan land use designations, development standards, design guidelines, and development review procedures will be incorporated by reference in the General Plan. Where there is a conflict between the Land Use Code the National City Downtown Specific Plan shall take precedent. Where the National City Downtown Specific Plan is silent on issues, the Land Use Code shall be the governing document. The Land Use Code states the authority for an adopted specific plan to override Code requirements; and WHEREAS, a Program Environmental Impact Report has been prepared for the Community Development Commission, pursuant to the requirements of the California Environmental Quality Act, to evaluate the potential environmental impacts that could occur with the approval and implementation of the Downtown Specific Plan. Accordingly, on September 15, 2004, the Notice of Completion was prepared and filed with the State Clearinghouse of the Govemor's Office of Planning and Research. The mandatory 45-day public review period commenced on September 17, 2004, and ended on November 1, 2004, at 5:00 p.m.; and EXHIBIT 1 WHEREAS, no public comments on the Program Environmental Impact Report were received; and WHEREAS, on November 1, 2004, the Planning Commission held a duly advertised public hearing to consider the proposed National City Downtown Specific Plan and General Plan Amendment, along with all evidence and testimony presented at said hearing, and upon the conclusion of the public hearing the Planning Commission approved the National City Downtown Specific Plan and forwarded a recommendation of approval to the City Council; and WHEREAS, on November 16, 2004, the City Council held a duly advertised public hearing to consider the recommendation and findings of the Planning Commission for approval of the National City Downtown Specific Plan and General Plan Amendment, along with evidence and testimony presented; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California. NOW, THEREFORE BE IT RESOLVED that the City Council finds that the National City Downtown Specific Plan and General Plan Amendment is in the public interest and is consistent with General Plan policies duc to the fact that the intent of the National City Downtown Specific Plan is to reinforce the downtown as the civic center, hub of commercial commerce, attraction to modern living, and heart of National_ City, and as such the City Council has made the following findings: 1. The Community Development Commission will certify the Program Environmental Impact Report, adopt the Findings of Facts and Statement of Overriding Considerations, and approve the Mitigation Monitoring and Reporting Program due to the fact that the National City Downtown Specific Plan would not have a significant effect on the environment. 2. The amendment to the General Plan and adoption of the National City Downtown Specific Plan, which would allow for revitalization of the downtown area through the implementation of new land use and development standards, design guidelines, and development review procedures, is in the public interest and is consistent with General Plan policies due to the fact that the National City Downtown Specific Plan would facilitate the transformation of the downtown area into a vibrant core community. 3. The amendment to the General Plan and adoption of the National City Downtown Specific Plan would not affect the City's certified Housing Element in which National City shall comply with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels, and due to the fact that no governmental constraints have been approved by the National City Downtown Specific Plan that would limit construction on the properties affordable to all household income levels. 4. The National City Downtown Specific Plan confon is to the proposed General Plan policy which calls for the reinforcement of the Downtown d as the City's heart, civic center, and commercial hub; by encouraging intensive commercial, residential and mixed -use, pedestrian -oriented development; and containing development standards that involve taller structures and higher densities, and also require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. BE IT FURTHER RESOLVED that the City Council amends the General Plan to read as follows: Chapter II — Overall Urban Framework, on page 13, as Policy AB The Downtown shall be reinforced as the City's heart, civic center, and commercial hub. To accomplish this a specific plan should be drafted encouraging intensive commercial, residential and mixed -use, pedestrian -oriented development. Development standards of the specific plan may involve taller structures and higher densities, as well as require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. PASSED and ADOPTED this 16th day of November 2004. NICK INZUNZA, MAYOR ATTEST: MICHAEL R. DALLA, CITY CIFRK APPROVED AS TO FORM: GEORGE H. EISER, III, CITY ATTORNEY SUPPLEMENTAL STAFF REPORT SPECIFIC PLAN FOR RESIDENTIAL, COMMERCIAL AND MIXED -USE DEVELOPMENT IN DOWNTOWN NATIONAL CITY AND RELATED AMENDMENT TO THE GENERAL PLAN (Case File No.: GP-2004-4/SP-2004-2) SUMMARY On October 5, 2004, at the request of the Community Development Commission of the City of National City, the City Council approved a Minute Action authorizing the initiation of the proposed General Plan Amendment as part of the adoption process for the proposed National City Downtown Specific Plan. Subsequently, on November 1, 2004, the Planning Commission conducted a Public Hearing and forwarded a recommendation of approval to the City Council. The National City Downtown Specific Plan (the "Downtown Specific Plan") includes the area generally bound by 16th Street on the south, Interstate 5 on the west, Division Street on the north and "D" Avenue on the east, and comprises approximately 135 acres (the "Project Area"). The Downtown Specific Plan is the planning document that would allow the City of National City and the Community Development Commission to upgrade and improve the Project Area consistent with the Downtown Specific Plan. The preparation of this Downtown Specific Plan is the culmination of numerous community workshops and meetings involving the input from area residents, business owners, stakeholders, and the development profession. The Community Development Commission proposes to encourage both public and private rehabilitation and development within the Project Area to reduce and eliminate blight and improve the economic viability of the community. The proposed Downtown Specific Plan and amendment to the General Plan would add land use and development standards within the Project Area, and incorporate new design guidelines in order to facilitate the revitalization of the City's Downtown. Additionally, the Downtown Specific Plan establishes the development review process to be followed by future projects. In summary, the Downtown Specific Plan would be the governing zoning/land use document to regulate all new development within the Project Area. The adoption of the Downtown Specific Plan would also result in a change to the City's Supplemental Zoning Map. This would add the Specific Plan Combining Zone (overlay designation) for the downtown area. A public hearing will also be conducted, on November 16, 2004, for the Community Development Commission Board to consider the approval of the Downtown Specific Plan and the certification of the Environmental Impact Report. REGULATORY AUTHORITY The Downtown Specific Plan has been prepared pursuant to the regulations of Sections 65450 to 65457 of the California Government Code, which have been adopted and incorporated under EXHIBIT 2 Section 18.08.030 of the City's Municipal Code. Correspondingly, the General Plan Amendment is being processed pursuant to Chapter 18.112 (Amendments) of the City's Municipal Code. The Downtown Specific Plan has also been prepared in order to comply with and implement the following policies of the City's General Plan: ✓ New development in National City will occur in a planned and orderly manner, will be of the highest possible quality and most appropriate to the needs of the community, and will enhance and complement surrounding uses. (Urban Development — Page 10) ✓ The City will encourage privately initiated redevelopment efforts in residential, commercial and industrial areas of National City, and will utilize public redevelopment resources where necessary to stimulate and leverage private investment. (Urban Development — Page 11) ✓ Encourage the preparation and implementation of specific plans to guide development in areas that have particular importance due to their location, characteristics, or potential for new development. (Urban Development — Page 14) ✓ Continue Redevelopment activities in the area at National City Boulevard & 8th Street (Downtown) and elsewhere in the City, where public involvement is deemed necessary to stimulate private investment. (Urban Development — Page 15) ✓ Continue to encourage the construction of residential and mixed -use projects, subject to the Design Guidelines, in commercially zoned areas. (Housing — Page 25) ✓ Review commercially zoned land for possible change to residential or mixed residential/commercial use. (Housing — Page 31) ✓ Consider changes to mixed -use regulations to limit higher densities to areas near commercial uses and major roadways, while restricting densities in areas primarily built with single-family homes. (Housing — Page 33) ✓ Implement Redevelopment program plans to stimulate new, varied commercial and related development in the Downtown National City Boulevard/8t Street area, and to revitalize the surrounding business district. (Economic Development — Page 40) NATIONAL CITY DOWNTOWN SPECIFIC PLAN The Community Development Commission of the City of National City has drawn its attention to the Renaissance of the downtown area as a juncture of favorable circumstances. This vision commences with the creation of the National City Downtown Specific Plan. The downtown area is envisioned to be a desirable and attractive destination to live, invest and thrive through the implementation of innovative policies, standards and procedures which in turn would generate a vibrant catalyst for further redevelopment and the full revitalization of Downtown National City. The Downtown Specific Plan is comprised of ten (10) sections, summarized as follows. Additionally, an Executive Summary has been provided (please see Attachment No. 1) which serves as a tool to guide you through the review of the document. ❖ Introduction sets the tone and outlines the philosophies of the plan. This would encourage the spirit for developers to meet the intent of the plan. This would result in projects with innovative and superior urban designs. ❖ Downtown Profile and Characteristics provides a community profile of the downtown area and information to help understand the marketplace and recognize the types of projects that have the greatest opportunities. ❖ Regulatory Authority provides is a summary of the regulations that, pursuant to Sections 65450 to 65457 of the California Government Code, the City shall comply with in the adoption of the Downtown Specific Plan. • Land Use Regulations and Development Standards are a series of specific standards for each of the seventeen (17) Development Zones, as summarized in the following table. Through the adoption of the Downtown Specific Plan as an overlay zone, the list of prohibited uses would be expanded for the existing underlying base zones. While the Downtown Specific Plan has been prepared to regulate all new developments and the revitalization/rehabilitation of existing buildings and structures, it is also intended that any non -conforming uses would be subject to the provisions pursuant to Chapter 18.108 (Non -Conforming Uses) of the City's Municipal Code. Land Uses and Standards Zone Land Use Floor Area Ratio Maximum Height Maximum Number of Residential Units 1A Mixed -Use Commercial/Residential Visitor Serving Commercial Entertainment Retail Professional Office Auto -Oriented Retail Public Parking Light Industrial Manufacturing 6:1 None 668 1B Mixed -Use Commercial/Residential Visitor Serving Commercial Entertainment Retail Professional Office Auto -Oriented Retail Public Parking 6:1 None 602 2 Medium Density Residential 4:1 75 Feet 497 3 Mixed -Use Commercial/Residential 4:1 75 Feet 180 4 Mixed -Use Commercial/Residential Hotel Retail 6:1 90 Feet 184 5A Mixed -Use Commercial/Residential Medium Density Residential 3:1 36 Feet 38 5B Mixed -Use Commercial/Residential Medium Density Residential 4:1 90 Feet 113 6 Mixed -Use Commercial/Residential Medium Density Residential High Density Residential Visitor Serving Commercial Entertainment Retail Professional Office 6:1 None 395 7 Mixed -Use Commercial/Residential Medium Density Residential High Density Residential Visitor Serving Commercial Entertainment Retail Professional Office 6:1 None 568 8 Townhomes 3:1 36 Feet 130 9 Mixed -Use Commercial/Residential High Density Residential Visitor Serving Commercial Entertainment Retail Professional Office 5:1 90 Feet 501 10 Townhomes Public Park/Plaza 3:1 235 36 Feet 11 Medium Density Residential 4-1 50 Feet 212 12 Medium Density Residential Visitor Serving Commercial Entertainment Retail Professional Office 5:1 90 Feet 232 13 Medium Density Residential Civic Uses 4:1 75 Feet 14 Medium Density Residential 4:1 75 Feet 306 15 KIMBALL PARK Total Estimated Number of Potential Residential Units 4,861 ❖ Development Review Process is the procedure to be utilized in the review and approval of all future new developments and, as noted above, the revitalization/rehabilitation of existing buildings and structures within the downtown area, in which such developments would be evaluated and processed by the Community Development Commission. The role of the Community Development Commission is to review proposals to ensure consistency with the Downtown Specific Plan. Proposals requiring a discretionary action, such as a Conditional Use Permit, would continue to require the review by the Planning Commission. The existing underlying base zones would be utilized for the review of a change of occupancy within an existing building or structure. ❖ Urban Design Guidelines are the strategies to enhance the corridors and create central gathering places in the downtown area. ❖ Future Implementation Programs to be explored by the City and Community Development Commission, including the creation of future improvement districts within the downtown area. ❖ Future Public Improvement Projects to be initiated by the City and Community Development Commission, including the implementation of a streetscape master plan for the downtown area. ❖ Traffic Assessment Summary prepared by the Community Development Commission's traffic consultant (Katz, Okitsu & Associates) to provide a description of the existing conditions throughout the downtown area in order to provide background information for the visioning process. Additionally, a discussion of future conditions and potential planned improvements are provided. ❖ Environmental Impact Report Executive Summary prepared by the Community Development Commission's environmental consultant (Phil Martin & Associates) to provide a discussion of the environmental assessments that were conducted, pursuant to the requirements of the California Environmental Quality Act, to evaluate any potential environmental impacts that may be created through the implementation of the Downtown Specific Plan. RELATIONSHIP TO THE GENERAL PLAN AND ZONING CODE The intent of the Downtown Specific Plan is to reinforce the downtown as the civic center, hub of commercial commerce, attraction to modern living, and heart of National City. All new developments and the revitalization/rehabilitation of existing buildings and structures within the downtown area would be governed by the Downtown Specific Plan and the City's General Plan. The Downtown Specific Plan land use designations, development standards, design guidelines, and development review procedures will be incorporated by reference in the General Plan. Where there is a conflict between the Land Use Code the Downtown Specific Plan shall take precedent. Where the Downtown Specific Plan is silent on issues, the Land Use Code shall be the governing document. The Land Use Code states the authority for an adopted specific plan to override Code requirements. The Downtown Specific Plan must conform with the City's General Plan. The proposed General Plan Amendment would add the following policy (to be inserted in Chapter II — Overall Urban Framework, on page 13, as Policy AB): The Downtown shall be reinforced as the City's heart, civic center, and commercial hub. To accomplish this a specific plan should be drafted encouraging intensive commercial, residential and mixed -use, pedestrian -oriented development. Development standards of the specific plan may involve taller structures and higher densities, as well as require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. ENVIRONMENTAL REVIEW A Program Environmental Impact Report (EIR) has been prepared for the Community Development Commission, pursuant to the requirements of the California Environmental Quality Act (CEQA), to evaluate the potential environmental impacts that could occur with the approval and implementation of the Downtown Specific Plan. An Executive Summary has been provided (please see Attachment No. 2) as an overview of the analysis conducted. Accordingly, on September 15, 2004, the Notice of Completion was prepared and filed with the State Clearinghouse of the Governor's Office of Planning and Research. The mandatory 45-day public review period commenced on September 17, 2004, and ended on November 1, 2004, at 5:00 p.m. No public comments on the EIR have been received. The intent of the EIR is to address, as thoroughly as possible and without speculation, the potential environmental impacts that could be expected to occur with the implementation of the Downtown Specific Plan based on the information available at this time. The Downtown Specific Plan does not include any recommended or proposed projects or identify and specific development sites. However, individual projects within the Project Area are anticipated in the future. Therefore, the EIR has been prepared with the intent that, if future projects comply with the development standards provided in the Downtown Specific Plan, subsequent environmental analysis pursuant to CEQA will not be required Likewise, if any future projects do not comply with the Downtown Specific Plan subsequent environmental analysis will be required pursuant to CEQA in conjunction with the approval process. The Community Development Commission has made a reasonable and good faith effort to mitigate potential impacts resulting from the implementation of the Downtown Specific Plan. Changes and alterations have been incorporated into the Downtown Specific Plan that will substantially lessen or avoid significant environmental impacts as identified in the EIR. Additionally, a Mitigation Monitoring and Reporting Program has been prepared for the Downtown Specific Plan which outlines how the mitigation measures will be implemented, monitored and evaluated (please see Attachment No. 3). The benefits of the proposed project have been balanced against and outweigh the unavoidable adverse environmental impacts identified in the Draft EIR. The Community Development Commission will consider making the following Findings of Facts and Statement of Overriding Considerations (please see Attachment No. 4). The following project -specific and cumulative impacts of the Downtown Specific Plan are considered significant and unavoidable based on the Draft EIR, Final EIR, Mitigation Monitoring and Reporting Program and the findings discussed previously: 1. The project will contribute to cumulative noise level increases and subsequent unavoidable noise impacts. 2. The project will contribute to cumulative air quality impacts in the San Diego Air Basin. The Community Development Commission, acting pursuant to Section 15093 of the State CEQA Guidelines, will also consider finding that for the reasons set forth below, the economic, social, and other benefits of the project outweigh the unavoidable noise and air quality impacts identified in the findings. In making this finding, the Community Development Commission will balance the benefits of the proposed project against its unavoidable environmental impacts and will indicate its willingness to accept those risks. In part, the project will provide the following benefits: 1. Increase retail sales and property tax for the City and the CDC. 2. Provide additional residential homes for the City of National City, which are needed. 3. Reduce and/or eliminate existing blighted conditions. 4. Enhance and improve the character and visual appearance of the downtown area and further strengthen the commercial and social activity in the downtown. RECOMMENDED FINDINGS FOR APPROVAL Staff recommends that the City Council consider the following findings for approval and approve findings 2, 3 and 4: 1. The Community Development Commission will certify the Program Environmental Impact Report, adopt the Findings of Facts and Statement of Overriding Considerations, and approve the Mitigation Monitoring and Reporting Program due to the fact that the National City Downtown Specific Plan would not have a significant effect on the environment. (The Planning Commission should consider the Program EIR but not make findings to certify the EIR.) 2. The amendment to the General Plan and adoption of the Downtown Specific Plan, which would allow for revitalization of the downtown area through the implementation of new land use and development standards, design guidelines, and development review procedures, is in the public interest and is consistent with General Plan policies due to the fact that the National City Downtown Specific Plan would facilitate the transformation of the downtown area into a vibrant core community. 3. The amendment to the General Plan and adoption of the Downtown Specific Plan would not affect the City's certified Housing Element in which National City shall comply with the provisions of Article 10.6 of the California Government Code, including addressing the needs of all income levels, and due to the fact that no governmental constraints have been approved by the National City Downtown Specific Plan that would limit construction on the properties affordable to all household income levels. 4. The proposed Downtown Specific Plan conforms to the proposed General Plan policy which calls for the reinforcement of the Downtown d as the City's heart, civic center, and commercial hub; by encouraging intensive commercial, residential and mixed -use, pedestrian -oriented development; and containing development standards that involve taller structures and higher densities, and also require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. ATTACHMENTS: 1. Executive Summary — National City Downtown Specific Plan 2. Executive Summary — Program Environmental Impact Report 3. Mitigation Monitoring and Reporting Program 4. Findings of Facts and Statement of Overriding Considerations EXECUTIVE SUMMARY NATIONAL CITY DOWNTOWN SPECIFIC PLAN The National City Downtown Specific Plan amends the adopted General Plan, serving as a refinement of the goals of the General Plan by affixing precise design and land use standards to development and redevelopment proposals within Downtown National City. • The plan is the product of an extended public input process. It reflects the `ever -more -evident' evolution of National City as a desirable and attractive place to live, invest and thrive. This plan is based on the solid foundation of refined economic analysis and the concepts identified herein are designed to fit the existing and anticipated marketplace so that they will be achievable. Jill,1 dIi iI81,Iffli1. SECTION NATIONAL CITY BOULEVARD - 7TH STREET TO 9TH STREET EX - 1 EXECUTIVE SUMMARY NOVEMBER 2004 Attachment 1 An effort has been made to create a downtown alive with pedestrians, shops, offices, cafes, hotels, students, residents, and visitors. The downtown is envisioned as a vertical central core keying on the intersection of Iwo grand avenues - National City Boulevard and Eighth Street. High-rise residential and mixed -use buildings are envisioned to define a new downtown core, while on the first floor are shops, offices and cafes that activate the street. Near the intersection, mid -rise and townhouse residential communities arise, vivid in life, filled with families, singles, `empty -nesters' - a diverse and energized populace enjoying National City's urban hub of commerce. It is not 9011111YESTEM COLLEGE a stretch to imagine downtown National City emerging regionally as a vibrant, urbane, cosmopolitan, and human experience. Education Village, Brick Row. and Kimball Park, as well as the new library and many new development projects are under way, or are on the boards. They are a clear sign that National City has already entered a "new era." This plan proposes to build on this momentum. It encourages a more varied and enchanting Dame Aurrionr PLAN FOUNTAN PLAZA USING THE SPECIFIC PLAN mix of uses near the heart; and a splash of intense landscaping and a major new public plaza help integrate the thriving central business district with Kimball Park. The plan also serves to affirm bonds between the downtown and emerging neighborhood commercial streetscapes such as Highland Avenue's El Pueblo and Cocina Mexicana merchants, Plaza Boulevard's Filipino Village and National City's Mile of Cars. The Specific Plan provides a complete analysis of the downtown as well as a series .of recommendations that address identified issues and potential opportunities. This plan contains specific recommendations derived from a comprehensive process of civic engagement and professional refinement. This process included citizens, National City staff, interested parties, and professional planners and evaluators from related disciplines, including EX-2 EXECUTIVE SUMMARY NOVEMBER 2004 architecture and economics. This is a sizable document because it chronicles, in very specific detail, the progression of thought and diagnostic techniques that resulted in the recommendations chosen. This Executive Summary has been written in order that those who design or review development proposals and building plans for conformance with the Specific Plan will have clear, concise and comprehensive command of all of the intricate and proven standards and design philosophies that form the basis of the plan. Planning as a Process If life is considered a journey, then "planning" can be seen as a roadmap. The reason plans such as these are created is that plans help us make choices, with the understanding that the right choices are those that are pragmatic and made with a unified sense of purpose - based on reality and with an eye toward a commonly desired goal. Determining the "right" choices for downtown National City required that the Specific Plan be developed with a solid understanding of the existing assets and burdens of the study area as well as a grasp of the current and future market conditions and, perhaps most important, a shared desire for achievable goals. Only then did the framers compose the Specific Plan recommendations in order to build toward the realization of a better future. How to Use the Chapters of the Specific Plan CHAPTER 1 - INTRODUCTION - Chapter I: "Introduction" sets the tone and outlines the philosophies of the Plan. The Introduction frames this Plan, and exhibits the Plan's personality. It serves to embolden the user to believe in National City and recognize that National City should approach development review from a position of well -documented strength. Use Chapter 1 as a tool to challenge development applicants to do more than simply comply with a set of minimum standards. Use this chapter to encourage proposals that meet the spirit as well as the letter of the regulations. The result should be projects that exhibit innovation as well as superior urban design that is worthy of National City. CHAPTER II - DOWNTOWN PROFILE AND CHARACTERISTICS - Chapter II: "Downtown Profile and Characteristics" provides the user with a community profile, including demographic (population and income) data that are vital to those who are considering investing in Downtown National City. Use the data in Chapter II to understand the marketplace and recognize projects that have the greatest opportunities for fitting into the local economy, or elevate the economic choices for the citizenry. EX-3 EXECUTIVE SUMMARY NOVEMBER 2004 CHAPTER IV - LAND USE REGULATIONS AND DEVELOPMENT STANDARDS and CHAPTER VI - URBAN DESIGN GUIDELINES - Chapter IV: "Land Use Regulations and Development Standards include a series of specific recommendations and standards for each of fifteen "Development Zones." A table that summarizes the fundamental development intensity and land use preferences from the land use Regulations and Development Standards chapter is included. Land use recommendations, urban design standards, and strategies to enhance the commercial corridors, create central gathering places are located in Chapter VI: "Urban Design Guidelines." There are focused ideas regarding plazas, shops, streetscape enhancements, parking, building setbacks, mixed -use strategies, gateways, landscaping, street signs, and links to Kimball Park. There has been a conscious effort to identify approaches that are achievable so that limited time and energy can be devoted to efforts that offer the greatest chance for success and produce the most profound and broad -based results. Use Chapters IV and VI to gain a more complete understanding ofthe base. development standards. There are. a large number of drawings in the chapter that can provide guidance to both the drafters and reviewers of projects who desire compliance with the shared vision for the resurgence of Downtown. CHAPTER VII - FUTURE IMPLEMENTATION PROGRAMS - Chapter VII: "Future Implementation Programs" outlines the specific steps to be taken to carry forth the recommendations in the Specific Plan. Implementation of the land use -recommendations; urban -design -standards, and -related -strategies is proposed to be executed through the development of a Business Improvement District (BIP), a Landscape Maintenance District (LMD), a Parking District and a Storefront Improvement Program. A major component of the "Future Implementation Programs" Chapter is the Streetscape Master Plan since improvements to the public infrastructure are essential to the success of the effort. Use Chapter VII to outline the foundation for the formulation of agencies, business groups, and other semi public art public bodies whose primary task is to execute the recommendations. CHAPTER III REGULATORY AUTHORITY and CHAPTER V - DEVELOPMENT REVIEW PROCESS - Chapter III: Outline of the Specific Plan and Community Development Commission's legal authority. Chapter V: Sets the Development Review Process steps for proposed projects in the Downtown Plan area. CHAPTER VIII - FUTURE PUBILC IMPROVEMENTS and CHAPTER IX -TRAFFIC ASSESSMENT SUMMARY - Chapter VIII and CHAPTER IX: Outline the existing conditions and proposed needs for downtown's transportation infrastructure. EX-4 EXECUTIVE SUMMARY NOVEMBER 2004 LAND USE PREFERENCES °i DENSITIES MAX •PREFERRED LAND USE zo1E DU/AC DWELLING Aux BOOR HEIGHT RESIDENTIAL COMMERCIAL OTHER MILT PER ACRE AREA M11O -w p u 'J Z w.- 0 �L y N O per_ W i Z q ± i h w W E J W _ < .d W W - Z -J ."1 to -1 Q• AY u O a 0 LL al O . d rc n u Q O < O Z ' 0 7m d w U Z = t me b , g Z t N K i 1A - 6:1 None r ✓ r ✓ ✓ ✓ ✓ ✓ ✓ ✓ 1B - 6:1 None ✓ r ✓ ✓ ✓ ✓ ✓ r ✓ ✓ 2 - 4:1 75' r 3 - 4:1 75' ✓ ✓ 4 - 6:1 90' ✓ ✓ ✓ ✓ 5A 20-30 3:1 36' ✓ r 5B - 4:1 90' ✓ r 6 - 6:1 None 1 r ✓ ✓ ✓ r ✓ ✓ 7 - 6:1 None r ✓ ✓ ✓ 1 i r ✓ 8 20-30 3:1 36' ✓ 9 - 5:1 90' r r ✓ ✓ ✓ ✓ ✓ 10 20-30 3:1 36' r ✓ 11 - 4:1 50' ✓ 12 - 5:1 90' ✓ r ✓ 1 1 ✓ 13 14 - - 4:1 4:1 75' 75' ✓ ✓ 15 KIMRAI L PARK NOTES: 36' Height Limit for townhouses in on districts. Additional height. beyond the 36-toot imp. ts not allowed for an additional occupied floor, but can be approved for stair houses, garden rooms, trees structures and similar. Specific height limits are not applied to Development Zones 1A, 18, 6 and 7. the utlonate height wll be governed by Floor Area Ratio and the pragmatics of market capacity and the floor plate requiements of a chosen building use. lines on densities, as described k "dwelling units per ace," apply only 10 Townhouse Development Zones SA. 8, and 10. Otherwise, the intensity of development Is governed by Floor Area Ratio and height. PARKING REQUIREMENTS RESIDENTIAL NUMBER OF BEDROOMS MINIMUM REQUIRED OFF STREET PARKING SPACES PER DWELLING UNIT Studio 1 One Bedroom 1 Two Bedroom 1.2 Three or More 1.4 NON RESIDENTIAL MINIMUM REQUIRED OFF STREET PARKING SPACES PER 1.000 SQ. FT. GFA• 2.5*. NOTES: Includes Gross Floor Area plus below Grade Floor Area and Excludes Floor Area Devoted to Parking "The niniMi m parking ratios apply to oll non-rs i ntid uses and only eating and drinking establishments that do not have a common Parkins area with any other uses. There b no minimum parking requirement for outdoordrunq_ EX-5 EXECUTIVE SUMMARY NOVEMBER 2004 USE ROW HOMES TO FORTH 1 TRANSITION TO SINGLE-FAMILT NEIGIIBOR1100P5 • • *. , ; I;; , ? • • • ; I :•• MAKER/II SI REID' A •.: ACTIVE ROES TIDAN.KAL •"" • PRESERVE AND ENDANCETHE INTEGRITY OF EXISTING RESIDENTIAL NEIGHBORHOODS • 1 UM !!.., bEVISAIP S.1141113S1•PEPISIT RESIDENTIAL OVER STREW RETA.u. To PRODUCE A CIUTICA ; "•-• MASSOP DOWNTOWN,RESIDENT. DEVELOP A CONTINUOUS LINEAR PARK AS A FREEWAY RIMER AND AN IDENTITY ELEMENT FOIL THE DOWNTOWN CORE CREATE AN IMPORTANT CIV C SPACE AT II'S NEW EDUCATION CMITER AND LINK 11'10 THE DOWNTOWN CO II CREATEA STIR PEDESTRIAN CONNE TO THETtIOLLEY ST ORGANIZATIONAL CONCEPT NATIONAL CITY DOWNTOWN SPECIFIC PLAN NCIER 'rioN TION 'MISTING ELEMENTARY SCHOOL . " . • • r- thAVE ;TN STREET A QUIRT RESIDENTIAL S'EREET, WITH 1 ROW 110M E DENSITY AN') REDUCED TItAITIC i!ENHANCE KEY I I `INTERSECTIONS !•TO MAKE THEM MORE PEDESTRIAN. - FRIENDLY AND SATE • • 4! I 1111 1108(111 REINFORCETI I ECOHERENCE AND IDEN ri ry OP NATIONAL crry,s • itismuc DISTRICT Pfl• DEvaoINArloNAI.ctTl t I l'17 BOULEVARD AS AN WEN !DIABLE "CEREMONIAI"S1REET I I IROUGI I THE HEART OF DOWN !OWN ' . PROVII5IIDEVEI OPMEN I °rpm ruNn ;us FOR IIIGIIER DENSITY AND BUILDING IIIIIIIHT THAT DON1 NECIAI I VELY IMPACT 1 HE SCALE OP TIIE DOWNTOWN CORE DIVERT' MAJOR ARTERIAL TRAFFIC PROM NATIONAL CITY IIOULEVAIM Krll ANDrIl TO STRENGI IIEN rHE PEDESTRIAN CHARACTER OF 'I HESE SI REE • 1 I • c It rxrc Mil RONGRIC . I HOES IRIAN LINKAGETO KIMBALL PARK , . . . .1 • 2.0 EXECUTIVE SUMMARY 2.1 PROJECT ENVIRONMENTAL SUMMARY The purpose of the Executive Summary is to provide the reader with a summary of the potential environmental project impacts and suggested mitigation measures, if any, that may be associated with adoption and implementation of the proposed National City Downtown Specific Plan. For a complete discussion, it is suggested the reader refer to the text of the PElR, which addresses potential project impacts, issues and proposed mitigation measures in more detail. The summary of the potential project impacts and recommended mitigation measures as discussed in the PEIR is presented below. Project Summary 2.1.1 LAND USE/ PLANNING Project Impacts The Downtown Specific Plan conforms to all of the policies of the General Plan in terms of promoting sensible infill development and transitioning between residential and commercial uses. The Specific Plan does not conflict with any land use policies of the General Plan. The Specific Plan proposes to change the existing land uses and increase the number of residential units allowed in the Project Area and decrease the amount of commercial and light industrial land use. The adoption of the Specific Plan will require an amendment to the City's General Plan and zoning code. The Project Area is located in a redevelopment area and CDC has the authority to use eminent domain to acquire non-residential property in specific areas. The use of redevelopment funds to assist in the acquisition of properties, assemble parcels, construct infrastructure improvements, etc. will have a positive land use impact towards implementing the Specific Plan. The Specific Plan will encourage new development and remove blight by demolishing buildings, constructing new buildings, upgrading existing buildings to meet current building and fire codes, etc., which will have positive land use effects for the community as a whole. The Specific Plan will have positive impacts by encouraging the private community, City, and CDC to upgrade and improve the physical appearance of the Project Area. The adoption of the Specific Plan will not have any significant direct land use impacts based on the land use threshold criteria. The City will evaluate all future private and public projects for potential land use impacts at the time development plans are submitted for approval for compliance with the Specific Plan. Mitigation Measures There will be no significant land use impacts with the adoption and implementation of the Downtown Specific Plan. Therefore, no mitigation measures are required by CEQA. National City Downtown Specific Plan Program EIR Attachment 2 September 2004 Page 4 Significance After Mitigation No significant land use impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.2 GEOLOGY/SOILS Project Impacts As with any projects in .National City, future development will be exposed to geologic hazards and seismic activity due to active faults that affect National City, including the Project Area. Seismic hardware and construction in compliance with the building code can mitigate impacts due to seismic activity. The incorporation of erosion control measures into future projects will minimize soil erosion impacts. Earthquake induced ground failure such as liquefaction and differential settlement will not impact development in the Project Area. National City follows state regulations and has programs to protect property and residents from geologic hazards. Implementation of these programs relative to the geologic and seismic constraints of development will reduce impacts to a level of insignificance. Since specific development plans for future private as well as public improvement projects are not available at this time it is speculative to identify with any accuracy the direct and indirect soils and geologic impacts that may occur with their construction. The City will determine if additional environmental analysis will be required for compliance with CEQA at the time plans for projects are submitted for approval. Additional environmental analysis to evaluate direct and indirect soil and geologic impacts will be required, if necessary. Mitigation measures will be provided accordingly to reduce significant impacts pursuant to CEQA and local/state building regulations. Mitigation Measures The following mitigation measure is recommended to reduce potential geologic hazard and soil erosion impacts associated with the construction of future public and private projects. 1. Prior to the issuance of a final grading permit a detailed geotechnical investigation shall be approved by the City. The investigation shall include fieldwork (e.g., subsurface exploration, sampling) and laboratory analysis as directed by the City to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical engineer shall be incorporated into the project and shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City. Significance After Mitigation No significant geology/soils impacts are anticipated with the adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. National City Downtown Specific Plan Program EIR September 2004 Page 5 2.1.3 TRAFFIC AND CIRCULATION Project Impacts Based on the threshold criteria the adoption and implementation of the Specific Plan will impact key intersections in the Project Area and require mitigation: Main Street at Yama/I-5 Southbound Off ramp (PM: LOS F); Main Street at Division Street (PM: LOS F); National City Blvd at Division Street (AM: LOS F); I-5 South Ramps at 8th Street (AM, PM: LOS F); National City Boulevard at 8th Street (AM, PM: LOS F); National City Boulevard at Plaza Boulevard (AM: LOS E); and I-5 Northbound Onramp at Civic Center Drive (AM, PM: LOS F). Specific Plan traffic will not impact Interstate 5. The proposed parking space requirements are 1.2 spaces per residential unit and 2.5 spaces per 1,000 square feet of floor space for non-residential use. The proposed parking requirements are anticipated to be adequate to serve development allowed by the Specific Plan. Mitigation Measures The following mitigation measures are recommended to reduce impacts to intersections to level of service D. These improvements shall be installed prior to build -out of the Specific Plan or as warranted by the City, whichever is first. 1. Re -stripe the intersection of Main Street at Yama/I-5 southbound off ramp to include two left -turn lanes and a shared through right -turn land for the southbound approach. The improvements shall be coordinated with the City of San Diego and Caltrans. 2. A traffic signal shall be installed at the intersection of Main Street and Division Street. 3. A traffic signal shall be installed at the intersection of National City Boulevard and Division Street. 4. A traffic signal shall be installed at the intersection of I-5 southbound off ramps and 8th Street. 5. Re -stripe the intersection of I-5 northbound on -ramp at Civic Center Drive to include a left -turn pocket for the northbound approach. 6. Provide bicycle racks when feasible to encourage the use of bicycles. 7. Promote ride -sharing programs for the businesses in the Project Area. 8. National City Transit District shall be notified in writing at least one week prior to the start of construction of any public or private project that will impact an existing bus stop/bus shelter to allow National City Transit District adequate time to provide a temporary bus stop/bus shelter. Significance After Mitigation There will be no significant traffic and circulation impacts with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measures. National City Downtown Specific Plan Program Ent September 2004 Page 6 2.1.4 AESTHETICS Project Impacts The Specific Plan design and landscaping guidelines will significantly improve the aesthetics of the Downtown Project Area. The incorporation of the recommended building designs, landscaping, pedestrian amenities to encourage foot -traffic, plaza fountain, etc. will create an improved downtown aesthetic feel. The Downtown Specific Plan should encourage the redevelopment of the downtown area from a mixture of old architecture and design to consistent design throughout the Project Area. The Downtown Specific Plan will have a positive aesthetic impact that may, and is anticipated, to spillover to and have a positive impact to other areas of National City. Construction of hardscape and landscape improvements will significantly improve the aesthetics of the Project Area. All projects, including remodeling of existing buildings as well as new construction, will be reviewed by the City for consistency with the design guidelines of the Specific Plan during the project approval process. Compliance of projects with all applicable design requirements will ensure that development in the Project Area meets the design objectives of the Specific Plan. Mitigation Measures 1. There will be no significant aesthetic impacts with the adoption and implementation of the Downtown Specific Plan. Therefore, no mitigation measures are required by CEQA. Significance After Mitigation No significant aesthetic impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.5 NOISE Project Impacts The development of both public and private projects could increase noise levels in the project vicinity that exceed City adopted noise levels. The development of future projects could increase both short-term (construction) and long-term (operational) noise levels beyond City standards. The increased noise levels could impact noise sensitive land uses (residential). Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. Because specific development plans of future projects are not available at this time it is speculative to determine project specific noise impacts, including short or long-term impacts. The City will review all future projects for potential noise impacts at the time plans are submitted for approval. When applicable, noise studies will be required to determine whether or not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation measures to reduce noise impacts will be imposed on projects when applicable to meet the noise ordinance National City Downtown Specific Plan Program EIR September 2004 Page 7 and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the threshold criteria the Specific Plan could have significant noise impacts due to future development in the Project Area. Mitigation Measures Upon evaluation of specific projects by the City, if potential significant noise impacts are anticipated the following measure shall be implemented where appropriate: Temporary Impacts 1. To ensure that construction activities comply with the City's Noise Ordinance a Construction Noise Abatement Plan shall be prepared for each construction project and submitted to the City prior to the issuance of demolition, grading or building permits, whichever is issued first. The Plan shall describe the construction activities, equipment required for those activities, and noise level generation characteristics of the equipment to be used. Noise levels at the closest residential use shall be predicted. If projected noise levels will exceed the Noise Ordinance limits, measures to reduce those levels to comply with the Noise Ordinance shall be described and implemented. Long Tenn Off -Site Impacts The analysis shows that the project will result in a significant traffic noise impact to residences along Civic Center between Wilson Avenue and Roosevelt Avenue. Further, the project will substantially contribute to significant cumulative traffic noise impacts along D 'Avenue between 8`h Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. Typically sound walls are prescribed to mitigate these impacts. However, in this case, most of the impacted residences front the roadway causing the traffic noise. Building barriers in front of homes is not practical or consistent with the aesthetics and design of the specific plan. Openings would be required to allow access to the streets, which would short-circuit the effectiveness of the noise barriers. The tires interacting with the roadway generate much of the noise generated by traffic. A freshly paved roadway will generally generate substantially lower noise levels than an older worn roadway. However, the reduction in noise levels erodes rather quickly as the new surface is worn. Typically the reduction is completely eliminated within a year. In recent years "low noise" roadway surfaces have been used with success more and more. These surfaces result in lower traffic noise levels than typical roadway surfaces. The question that has lingered is how long the noise reduction qualities exist. Several long-term tests are currently ongoing and indicate that the noise reduction does in fact last over time. The two surfaces most commonly used for their noise reducing qualities are open -graded friction courses (OGFC) and rubberized asphalt. Studies have shown that these surfaces can reduce traffic noise levels by 5 to 10 dB at highway speeds. At lower speeds, the reductions are estimated to be in the 3 to 5 dB range. Use of one of these surfaces on the roadways causing the National City Downtown Specific Plan Program EIR September 2004 Page 8 impacts would almost completely eliminate the projected noise level increases due to the project as well as the cumulative increases. To mitigate the significant noise impact caused by increased traffic generated by the project, the following roadway segments should be repaved using OGFC, rubberized asphalt or other roadway surface showing documented long term noise reductions of at least 3 dB; Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. In order to reduce vehicular road noise the following mitigation measure is recommended: 2. These roads (Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue) shall be repaved with the noise reducing surfaces prior to issuance of building permits for the specific project that will result in, cumulatively, more than half of the projected increase in trips resulting from the implementation of the specific plan. Long Term Impacts from On -Site Activities The following long-term noise mitigation measure is recommended: 3. As specific commercial projects are submitted for approval they shall be evaluated for noise generating characteristics, the closeness to any residential uses, and the potential for violations of the City's Noise Ordinance. If City staff determines that a proposed commercial project has the potential to violate the City's Noise Ordinance, a detailed noise assessment shall be required. This assessment shall be prepared by a qualified acoustical engineer and describe the noise generating activities and their characteristics as a noise source. Noise levels shall be predicted at the potentially impacted residences and compared with the Noise Ordinance standards. If an exceedance is found, project specific mitigation measures shall be described to reduce the noise levels to below the Noise Ordinance Standards. The noise report shall be submitted to and approved by the City and all mitigation measure incorporated into the building plans prior to issuance of building permits for the project. Long Term On -Site Impacts The noise analysis presents evidence that the residential uses along National City Boulevard, 8th Street, and Plaza Boulevard would be exposed to noise levels in excess of 65 CNEL. Further, indoor noise levels along these roadways and Roosevelt Avenue could be exposed to interior noise levels in excess of 45 CNEL unless properly designed. The noise mitigation measures recommended below will allow development to meet the indoor and outdoor noise level limits of the city. Outdoor Noise Mitigation 3. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most efficient method of reducing outdoor noise exposure levels. The effect of a noise barrier is critically dependent on the geometry National City Downtown Specific Plan Program EIR September 2004 Page 9 between the noise source and the receiver. A noise barrier effect occurs when the barrier breaks the "line of sight" between the source and receiver. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. To be effective noise barriers are required to have a surface density of at least 3.5 pounds per square foot with no openings or cracks. It may be a solid wall, an earthen berm, or a combination of the two. The wall may be constructed of wood studs with stucco exterior, 1/4-inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. For patios and balconies the barriers must run along the entire edge of the patio or balcony from building face to building face. Based on the projected traffic noise levels, no residential area would require a barrier with a height greater than 9 feet to reduce noise levels to below 65 CNEL. Typically 5 to 6 foot high barriers will adequately reduce traffic noise levels within the specific plan boundary. However, as no specific projects are proposed the specific locations of any private outdoor living areas are not known. Additionally, final grading plans are required to determine the final barrier heights and ensure compliance with the appropriate standard. The above analysis shows that this standard is achievable with feasible barrier heights. To ensure that residential projects proposed for the project area achieve the 65 CNEL standard, City Staff shall review the preliminary designs to determine if any private outdoor living areas are potentially exposed to noise levels in excess of 65 CNEL. Prior to the issuance of grading permits for any residential area with outdoor living areas potentially exposed to noise levels in excess of 65 CNEL, as determined by the City, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The measures described in the report shall be incorporated into the grading and building plans, as appropriate. Indoor Noise Mitigation 4. New residential uses within the project area will be exposed to noise levels no higher than 76 CNEL. This means that the building structures will need to achieve up to 31 dB of outdoor -to -indoor noise reduction. This level of noise reduction is achievable, but will likely require substantial building upgrades. Most residential uses will not be exposed to noise levels in excess of 69 CNEL, which will require up to a 24 dB outdoor -to -indoor noise reduction. In some cases standard construction will achieve this level of reduction, however, residences along major roadways may require upgraded windows to achieve the required outdoor to indoor noise reduction. With typical residential construction at least 20 dB of outdoor -to -indoor noise reduction is achieved with windows closed. With windows open outdoor -to -indoor National City Downtown Specific Plan Program EIR September 2004 Page 10 noise reduction falls to 12 dBA. Therefore, units requiring more than 12 dB of noise reduction require adequate ventilation per the Uniform Building Code to allow windows to remain closed. Typically this is provided through mechanical ventilation. Windows do not need to be sealed shut, but closeable at the occupants' discretion. Units along National City Boulevard, 8`h Street, Plaza Boulevard, and Roosevelt Avenue will require more than 12 dB of noise reduction and mechanical ventilation. With extensive building upgrades, outdoor -to -indoor noise reductions of up to 32 dB can be achieved. All residences require 32 dB or less of outdoor -to -indoor noise reduction. Therefore, the homes in the project will be able to meet the 45 CNEL interior noise standards. Architectural drawings for the homes are not currently available to analyze the actual noise reduction achieved. Prior to issuance of building permits for residential units located along National City Boulevard, 8th Street, Plaza Boulevard, and Roosevelt Avenue, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 45 CNEL interior noise standard. The measures described in the report shall be incorporated into the building plans. Commercial uses located within the 70 CNEL contour from the I-5 Freeway will require up to 26 dBA of outdoor -to -indoor noise reduction to meet the 50 CNEL office interior noise standard. Prior to issuance of building permits for commercial projects units located within the 70 CNEL 1-5 Freeway noise contour as shown in Exhibit 6, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 50 CNEL office and/or 55 CNEL retail interior noise standards. The measures described in the report shall be incorporated into the building plans. Significance After Mitigation Repaving the roadways with specialized surfaces to reduce traffic noise levels is the only practical way to eliminate the noise impacts from increased traffic generated by the project. While the repaving of the roadway segments where significant project and cumulative noise impacts are projected is expected to eliminate the traffic noise level increases experienced at the affected residences, there is some uncertainty in exactly how much noise reduction will be experienced and how long that reduction will exist. Because of this uncertainty and the lack of other methods to mitigate the impacts, the significant project and cumulative off -site traffic noise impacts are considered unavoidable. 2.1.6 AIR QUALITY Project Impacts The adoption and implementation of the Specific Plan will have both short and long-term air emission impacts and contribute to air quality in the San Diego Air Basin. Based on air quality National City Downtown Specific Plan Program EIR September 2004 Page 11 modeling conducted for build -out of the Specific Plan it is not anticipated that future development will exceed any established air quality emission thresholds. However, because specific development projects are not proposed at this time, future projects could emit emissions that exceed air quality thresholds at that time. The City will evaluate all projects for potential air quality impacts at the time plans are submitted for approval. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Mitigation measures are recommended that can be incorporated into the future projects to reduce air emissions, if they could exceed adopted emission thresholds. Mitigation Measures The following mitigation measures are recommended for incorporation into future projects to further reduce air emissions. Short Term Construction If air quality impacts associated with construction of an approved project exceed the significance thresholds, mitigation measures identified below should be implemented as feasible to reduce emissions of the project. Mitigation measures from the SCAQMD are presented below and are recommended for projects in the SDAB, where applicable. The following measures are recommended to reduce pollutant emissions from construction activities. The construction operators shall implement these measures. • Use water trucks to keep all areas where vehicles move damp enough to prevent dust raised when traveling on the site; • Wet down the site in the late morning and after work is completed for the day; • After construction, wet inactive areas down to reduce windblown dust; • Employ street sweeping, should silt be carried over to adjacent public roadways; • Wash off trucks leaving the site; • Reestablish ground cover on the construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more); • Maintain construction equipment engines by keeping them tuned; and • Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Long Term The most significant reductions in regional and local air pollutant emissions are attainable through programs, which reduce the vehicular travel associated with the project. Support and compliance with the RAQS for the basin is the most important measure to achieve this goal. The RAQS includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Additionally, energy conservation measures are included. None of these recommended mitigation measures are strictly required. However, all relevant measures should be applied to the greatest extent possible. National City Downtown Specific Plan Program Ent September 2004 Page 12 TDM Measures • Schedule truck deliveries and pickups for commercial uses during off-peak hours when feasible. This will alleviate traffic congestion, therefore, emissions during the peak hour. • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Presumably, this measure would improve traffic flow into and out of the parking lot. The air quality benefits are incalculable because more specific data is required. • Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Again, the areas where this measure would be applicable are the intersections in and near the project area. Presumably, these measures would improve traffic flow. Emissions would drop as a result of the higher traffic speeds, but to an unknown extent. • Provide on -site services. Provide incentives such as on -site ATMs and other similar measures that address lifestyle needs. These measures reduce the VMT, but the air quality benefit cannot be quantified because more specific data is required. Energy Efficiency Measures and Additional Measures • Compliance with Title 24, Part 6, California's Energy Efficiency Standards for Residential and Nonresidential Buildings. All buildings must comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. • Develop operational emissions mitigation plan. Prior to approval of each building permit for a commercial or office use, the applicant shall submit to the Director of Planning for approval, an operational emissions mitigation plan. The plan shall identify implementation procedures for each of the following emissions reduction measures. If certain measures are determined infeasible, an explanation thereof shall be provided in the operational emissions mitigation plan. o Utilize built-in energy -efficient appliances to reduce energy consumption and emissions. o Utilize energy -efficient and automated controls for air conditioners and lighting to reduce electricity consumption and associated emissions. • Develop plans to facilitate walking and use of bicycles. Prior to approval of each tentative tract map, the Applicant shall submit to the Director of Community Development for approval, a plan showing pedestrian/bicycle trails that facilitate connections to public facilities such as schools, parks, and regional trails, as well as between residential neighborhoods. National City Downtown Specific Plan Program EIR September 2004 Page 13 o Where possible, connect residential areas to public facilities, parks, regional trails and other residential neighborhoods with pedestrian/bicycle trails. o Where possible, connect commercial areas to adjacent residential areas via bike/walking paths. Coordinate with SDTC regarding the location of bus turnouts and bus routes within the project area. Significance After Mitigation As discussed above, specific development projects are not proposed as part of the specific plan. Because of this, it is speculative and not possible to produce reasonable estimates of construction related emissions. It is highly probable that emissions from some projects that will be developed as a result of the Specific Plan will generate construction emissions in excess of the significance thresholds. The short-term construction emissions can be reduced to some extent by the mitigation measures described above. However, it is probable that some construction emissions would still be in excess of the significance thresholds with mitigation. Therefore, short-term construction emissions associated with the project are considered unavoidable and adverse. Regional Impacts The long-term regional air quality impact due to the proposed project will be reduced to an extent with the mitigation measures described above. However, the amount of reduction cannot be quantified. The CO emissions increase due to the project would most likely remain above the significance thresholds even with incorporation of the recommended mitigation measures. Therefore, CO emission increases resulting from the project are considered unavoidable and adverse. Local Air Quality Impacts The CO emissions are projected to be in compliance with the 1-hour and 8-hour state and federal standards, therefore, the CO impacts are not considered to be significant. 2.1.7 HAZARDS AND HAZARDOUS MATERIALS Project Impacts The Downtown Specific Plan will not directly create a significant potential public health hazard or involve the use, manufacture, or disposal of materials that will pose a hazard to people and planned populations. The adoption and implementation of the Specific Plan will encourage the development of both public and private projects in the Project Area. It is speculative, however to determine if the Specific Plan could expose humans to significant health hazards if hazardous materials have been spilled. The development of sites that used hazardous materials in the past could expose the public or the environment to hazards due to the development of such sites. All properties proposed for development with spilled hazardous materials will have to comply with National City Downtown Specific Plan Program EIR September 2004 Page 14 all applicable local, county, state and federal laws regarding the remediation of the hazardous materials prior to development. The Specific Plan will not change the requirements to remediate contaminated properties prior to development. Assistance by the Community Development Commission to construct public or private projects will not change or alter any local, county, State or federal requirements to remove hazardous materials in compliance with all applicable laws and regulations. Based on the threshold criteria, the Downtown Specific Plan will encourage development of property in the Project Area. It is possible that some sites in the Project Area may be contaminated with hazardous materials and result in significant adverse hazards and hazardous material impacts to the public or the environment. Mitigation Measures The following measures are recommended to mitigate potential hazardous material impacts of development in the Project Area with the adoption and implementation of the Specific Plan: 1. Prior to development of any property that was formerly occupied by or adjacent to existing facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by .the City of National City to evaluate the potential for soil and groundwater contamination. If warranted by the Phase 1 environmental site assessment, soil and possibly groundwater sampling shall be required. 2. Asbestos, mercury, and a lead -based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities to the satisfaction of the City. 3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II, and/or asbestos, mercury, or lead -based paint evaluation indicates the presence of these materials or the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in the studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contract or issuance of a demolition permit, whichever is first. All remedial measures required by law shall be implemented and completed prior to the issuance of grading or building permits, whichever is issued first. Significance After Mitigation There will be no significant hazardous waste impacts with adoption and implementation of the Specific Plan and implementation of the recommended mitigation measures. National City Downtown Specific Plan Program ER September 2004 Page 15 2.1.8 POPULATION AND HOUSING Project Impacts The Specific Plan will allow an increase in the number of residential units that can be constructed in the Project Area beyond the number currently allowed by the General Plan. An increase in the number of housing units that can be provided to the residents of National City will allow the City to provide a range of housing types towards meeting more of the housing needs of the community. In addition, because the Project Area is in a redevelopment project area the Community Development Commission has the legal authority to assist to provide financial assistance to upgrade, improve and provide additional residential housing, including low and moderate housing, which will be a positive impact for the community. The Specific Plan will require the City to adjust its projected housing and population projections to reflect the increase in the number of residential units. The Specific Plan will not require a displacement of a large number of people, rather it will allow construction of increased housing units to meet some of the current housing need in National City. The commercial and light industrial development proposed by the Specific Plan is less than allowed by the existing general plan, thus the project will not create a substantial demand for additional housing. Based on the threshold criteria the Specific Plan will not have a significant housing or population impact. Although the Downtown Specific Plan will increase the overall number of residential units allowed in National City, the City will adjust its housing and population projections accordingly during the upcoming Housing Element update. Mitigation Measures The Specific Plan will not have any significant housing or population impacts, therefore, no mitigation measures are required. Significance After Mitigation No significant population or housing impacts are anticipated with adoption and implementation of the Specific Plan. 2.1.9 CULTURAL RESOURCES Project Impacts Based on the threshold criteria, the Specific Plan will not impact any national or local historical resources. The Specific Plan does not propose to demolish or remodel any of the buildings in the Project Area that are registered as national or local historic structures. Mitigation Measures Since no significant cultural resource impacts have been identified no mitigation measures are required. National City Downtown Specific Plan Program EIR September 2004 Page 16 Significance After Mitigation No significant impacts to cultural resources are anticipated with adoption and implementation of the Specific Plan. 2.1.10 PUBLIC SERVICES Water Service Project Impacts The Specific Plan will encourage development that may increase the demand for potable water for drinking, fire suppression, and landscape maintenance. New development and/or redevelopment could require upgrades to the existing distribution system in order for development to have an adequate supply of water. The construction of upgrades to the existing water distribution system could have construction impacts, which will have to be specifically identified at the time water improvement plans are submitted for approval. The City, in conjunction with the Sweetwater Authority, will determine whether or not an adequate supply of water can he provided at the time development plans are submitted for approval. The Sweetwater Authority may require improvements to the existing water distribution system in order for a project to have an adequate supply of water. Projects will be required to incorporate all state mandated water conservation measures as applicable to reduce water consumption. The incorporation of state mandated as well as suggested water conservation measures will reduce water impacts to less than significant. Mitigation Measures The following mitigation measures are recommended to reduce water consumption impacts: 1. All water utility plans shall be approved by the Sweetwater Authority to ensure that adequate water service is provided to the development. 2. The City shall require the incorporation of all state mandated water conservation measures. The City shall also require the additional incorporation, as applicable, of water conservation measures including water efficient dishwashers, water pressure reducing valves, hot water pipe insulation, and hot water on -demand units as applicable. Significance After Mitigation No significant water distribution and supply impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measures. National City Downtown Specific Plan Program EIR September 2004 Page 17 Police Service Project Impacts The Specific Plan is anticipated to encourage development and increase the need the police protection services. Although measures can be incorporated into future projects to improve police safety, additional development will increase calls for service. An increase in service calls could impact the time it takes for police officers to respond to Priority One, Priority Two, and Priority Three calls. Additional service calls could impact the Police Department's ability to maintain desired levels of police service. Future development plans will be reviewed by the Police Department at the time they are submitted to the city for approval. The Police Department will, during their review, determine if design changes or safety hardware can be incorporated to reduce calls for service. The incorporation of the Police Department's recommendations will reduce calls for police protection. The development of additional projects in the Project Area may require additional police protection personnel and/or equipment to meet the Departments desired response times. Based on the threshold criteria, the Specific Plan could indirectly have significant impacts on police protection services. Mitigation Measures The following mitigation measure is recommended to reduce police protection impacts: 1. The Police Department shall review all future development projects for police protection impacts and ensure that additional police personnel and/or equipment are provided to provide an acceptable level of police protection services deemed acceptable by the Police Department prior to the issuance of building permits. Significance After Mitigation No significant police protection impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. Fire Protection Project Impacts The Specific Plan will encourage new development and redevelopment of existing uses. Increased development will increase the need for fire protection services. Additional demand for fire protection services could impact the Fire Department by reducing the ability of fire units to respond to calls throughout the City within its desired response time of five minutes. The Fire Department maintains a comprehensive Automatic Aid Agreement for fire protection services with the surrounding cities, including the County of San Diego. This agreement was established to provide assistance for major emergency incidents. All protected jurisdictions have mutually agreed to dedicate their resources, to the extent feasible, to major incidents in the state. If a fire emergency occurs in National City that requires additional fire personnel and equipment, fire departments from surrounding jurisdictions will respond when requested. Future development National City Downtown Specific Plan Program EIR September 2004 Page 18 plans will be reviewed by the Fire Department for compliance with the fire code. Additional measures to improve fire safety and reduce service calls will also be recommended by the Fire Department. Based on the threshold criteria, the Specific Plan could have significant impacts on the Fire Department by reducing emergency response times. Mitigation Measures The following mitigation measure is recommended: 1. The Fire Department shall review all future development projects for fire protection impacts and ensure that additional fire personnel and/or equipment are provided to provide an acceptable level of fire protection services deemed acceptable by the National City Fire Department prior to the issuance of building permits. Significance After Mitigation No significant fire protection impacts are anticipated with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. School Facilities Project Impacts Based on the threshold criteria the Specific Plan could have a significant impact on public schools due to an increase in the population in the Project Area. An increase in the population could increase the number of students that will attend area schools. The payment of developer impact fees as allowed by state law prior to the issuance of building permits will mitigate the impact due to the generation of additional students that will be generated by new development, both residential and commercial. Mitigation Measures Since no significant school impacts have been identified with adoption and implementation of the Specific Plan, no mitigation measures are recommended. Significance After Mitigation There will be no significant school impacts with adoption and implementation of the Specific Plan, therefore no mitigation measures are recommended. Sewage Services Project Impacts The Specific Plan proposes to increase the amount of development, which will impact the existing sewage collection system that serves the central portion of the Project Area. The sewer National City Downtown Specific Plan Program E112 September 2004 Page 19 system that serves the central portion may have to be upgraded to serve future sewage flows if they cannot be handled by existing facilities. The construction of upgrades to the sewage collection system could have construction impacts, which will have to be specifically identified at the time sewer improvement plans are submitted for approval. If development projects require upgrades to existing sewage collection facilities the project developer will have to pay the cost to upgrade the facilities in conjunction with project construction. Mitigation Measures The following mitigation measure is recommended to ensure that adequate sewage collection facilities are available to serve new development. 1. All development projects shall be reviewed by the National City Public Works Department to make sure that adequate sewer collection facilities will be available to serve the project. If the Public Works Department determines the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer prior to the issuance of occupancy permits. Significance After Mitigation There will be no significant sewage impacts with adoption and implementation of the Specific Plan and incorporation of the recommended mitigation measure. 2.1.11 Recreation Project Impacts Based on the threshold criteria, the adoption and implementation of the Specific Plan will not result in any significant park or recreational impacts. The City will collect a fee for each new residential unit constructed in the Project Area. The monies will be used to upgrade or provide additional recreational facilities as needed and the park fee will mitigate the impacts of the project on park and recreational resources. There are no activities associated with the Specific Plan that will reduce or eliminate existing park or recreational facilities. The Specific Plan will have positive impacts by providing additional landscaped open space and passive recreational facilities in the Project Area, including a linear trail, sitting areas, fountain, etc. Mitigation Measures Since no significant park and recreational impacts have been identified with the adoption and implementation of the Specific Plan, no mitigation measures are recommended. National City Downtown Specific Plan Program EIR September 2004 Page 20 Significance After Mitigation No significant park and recreational impacts are anticipated with adoption and implementation of the Specific Plan. 2.2 PROJECT ALTERNATIVES The Project Alternatives presented in Section 7.0 of this document were provided as required by Section 15126.6 of the CEQA Guidelines. Alternatives to the project are provided to reduce potential significant environmental effects that may be associated with adoption and implementation of the proposed Downtown Specific Plan as well as feasible project alternatives. The project alternatives discussed in this Program EIR include the "No Project", as required by CEQA and Expanding the Project Area. Project alternatives are required to reduce potential environmental impacts associated with a proposed project. The Program EIR identified several potentially significant impacts with adoption and implementation of the Specific Plan. However, mitigation measures are recommended accordingly to reduce the impacts to levels of insignificance in all instances. The project alternatives discuss changes to the Downtown Specific Plan that could reduce potential environmental impacts. Neither of the project alternatives is preferred to the proposed Specific Plan because neither alternatives will completely eliminate project impacts and accomplish the goals of the Specific Plan. 2.3 AREAS OF CONTROVERSY/ISSUES TO BE RESOLVED CEQA requires the EIR Summary to identify areas of controversy known to the lead agency, including issues raised by public agencies, issues to be resolved including the choice among alternatives, and how to mitigate potential significant effects. A copy of the Notice of Preparation/Initial Study was mailed to all responsible, trustee and taxing agencies as required by CEQA to solicit their environmental concerns with the project. The responses received by the responsible and trustee agencies to the Notice of Preparation/Initial Study discussing their issues or concerns with adoption and implementation of the Specific Plan are presented in Appendix B. Responses were received from the following public agencies during the 30-day Notice of Preparation/Initial Study review period: a. Carol Baubatz, Native American Heritage Commission b. Greg Holmes, Department of Toxic Substances Control c. Terry Roberts, Governor's Office of Planning and Research d. Mario H. Orso, Department of Transportation, District 11 This Program EIR presents as much information as possible regarding the issues raised by the public agencies listed above. Information such as the specific location of future development projects is not known at this time. Therefore, it is speculative to determine specifically the final development density, number of residential units, height of buildings, square footage of National City Downtown Specific Plan Program EIR September 2004 Page 21 commercial or industrial use, site access, design, etc. associated with future development of individual sites within the Project Areas pursuant to the Specific Plan. Detailed project information will be available for further analysis at the time specific projects are submitted to the City for approval. The City will determine whether or not subsequent environmental evaluation as required by CEQA will be undertaken at the time each project is submitted for approval. National City Downtown Specific Plan Program EIR September 2004 Page 22 NATIONAL CITY DOWNTOWN SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM Prepared for: Community Development Commission of the City of National City 140 E. l 2t Street, Suite B National City, California 91950-3312 (619)336-4253 Prepared by: Phil Martin & Associates 18195 McDurmott East, Suite C Irvine, California 92614 (949) 250-0503 SCH #2004011110 NOVMBER 2004 Attachment 3 + MITIGATION MONITORING AND REPORTING PROGRAM ❖ 1.0 MITIGATION MONITORING AND REPORTING PROGRAM 1.1 Introduction This document constitutes the Mitigation Monitoring and Reporting Program (MMRP) for the proposed Downtown Specific Plan project. It has been prepared pursuant to the requirements of Public Resources Code 521081.6 which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, "The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The Community Development Commission of the City of National City ("CDC") is the lead agency for the project, and is therefore, responsible for administering and implementing of the MMRP. The decision -makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. 1.2 Project Overview The CDC proposes to encourage both public and private rehabilitation and development in the Project Area to reduce and eliminate blight and improve the economic viability of the area. The proposed Specific Plan is the planning document that will allow the City of National City and the CDC to upgrade and improve the Project Area consistent with the Downtown Specific Plan. The Specific Plan includes design guidelines, land use recommendations, and an implementation program. The purpose of the design guidelines is to equip project applicants, landowners, decision - making bodies, funding bodies, and interested citizens with guidance on achieving and assessing the quality of urban design in redeveloping and restoring downtown areas.' The land use recommendations are designed to build upon, and integrate existing key elements in the Project Area including Education Village, Brick Row, Kimball Park, a new public library (under construction), Civic Center, and National City Boulevard. The implementation program of the Specific Plan will be the vehicle to incorporate the design guidelines and land use recommendations into reality to meet its goals and objectives. 1.3 Monitoring and Reporting Procedures This MMRP includes the following information in a matrix format: (1) mitigation measures that would either eliminate or lessen the potential impact from the project; (2) the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. The MMRP will be in place through all phases of a project including project design (preconstruction), project approval, project construction, and operation (both prior to and post -occupancy). The CDC will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. 1 National City Downtown Specific Plan, March 2004, page III-9. National City Downtown Specific Plan Mitigation Monitoring Reporting Program November 2004 Page 1 ❖ MITIGATION MONITORING AND REPORTING PROGRAM ❖ Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of: • The phase of the project during which the measure should be monitored; O Project review and prior to project approval ❑ During grading or building plan check review and prior to issuance of a grading or building permit ❑ On -going during construction ❑ Throughout the life of the project • The enforcement agency; and • The initials of the person verifying completion of the mitigation measure and date. The MMRP is provided as Table 1 (Mitigation and Monitoring Reporting Program). National City Downtown Specific Plan Mitigation Monitoring Reporting Program November 2004 Page 2 •: MITIGATION MONITORING AND REPORTING PROGRAM •:• Table ] MITIGATI MitigationMitigation Measure No. Measure - v Monitoring Milestone _ Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) Geology and Soils 1. Prior to the issuance of a final grading permit a detailed geotechnical investigation shall be approved by the City. The investigation shall include fieldwork (e.g., subsurface exploration, sampling) and laboratory analysis as directed by the City to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical engineer shall be incorporated into the project and shown on the final grading plans and/or incorporated into contractor specifications prior to award.of construction contracts, to the satisfaction of the City. Prior to issuance of a final grading permit National City Building Department Initial Date Traffic and Circulation 2. Re -stripe the intersection of Main Street at Yama/I-5 southbound off ramp to include two left -turn lanes and a shared through right -turn land for the southbound approach. The improvements shall be coordinated with the City of San Diego and Caltrans. Cap e� ; 1 o.. s �t 1 rs$ e,a�tS it®oi!rie ° fit. > a a e National City Engineering Department Initial Date 3. A traffic signal shall be installed at the intersection of Main Street and Division Street. o Qe : t e . e� �z „ E � fly iH National City Engineering Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 3 • MITIGATION MONITORING AND REPORTING PROGRAM + Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. 4. 5. 6. Mitigation Measure A traffic signal shall be installed at the intersection of National City Boulevard and Division Street. A traffic signal shall be installed at both the I-5 southbound and I-5 northbound ramps at 8th Street. Re -stripe the intersection of I-5 northbound on -ramp at Civic Center Monitoring Milestone Enforcement Agency National City Engineeri ng Department National City Engineering Department National City Verification of Compliance (Responsible Monitor to Initial and Date) National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 4 Table l MITIGATI O• MITIGATION MONITORING AND REPORTING PROGRAM :• Mitigation Measure No. _ Mitigation Measure v+ v Monitoring Milestone v+ Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) Drive to include a left -turn pocket for the northbound approach. p® 1. Engineering Department 7. Provide bicycle racks when feasible to encourage the use of bicycles. On -going during development of the specific plan. National City Planning Department 8. Promote ride -sharing programs for the businesses in the Project Area. On -going during development of the specific plan. National City Planning Department 9. National City Transit District shall be notified in writing at least one week prior to the start of construction of any public or private project that will impact an existing bus stop/bus shelter to allow National City Transit District adequate time to provide a temporary bus stop/bus On -going during development of the specific plan. National City Building Department Noise 10. Temporary Impacts To ensure that construction activities comply with the City's Noise Ordinance a Construction Noise Abatement Plan shall be prepared for each construction project and submitted to the City prior to the issuance of demolition, grading or building permits, whichever is issued first. The Plan shall describe the construction activities; equipment required for those activities, and noise level generation characteristics of the equipment to be used. Noise levels al the closest residential use shall be predicted. If projected noise levels will exceed the Noise Ordinance limits, measures to reduce those levels to comply with the Noise Ordinance shall be described and implemented. Prior to issuance of a demolition, grading or building permit, whichever is issued first National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 5 :• MITIGATION MONITORING AND REPORTING PROGRAM ❖ Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) 11. Long Term Off -Site Impacts The analysis shows that the project will result in a significant traffic noise impact to residences along Civic Center between Wilson Avenue and Roosevelt Avenue. Further, the project will substantially contribute to significant cumulative traffic noise impacts along D Avenue between 8°i Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. Typically sound walls are prescribed to mitigate these impacts. However, in this case, most of the impacted residences front the roadway causing the traffic noise. Building barriers in front of homes is not practical or consistent with the aesthetics and design of the specific plan. Openings would be required to allow access to the streets, which would short-circuit the effectiveness of the noise barriers. The tires interacting with the roadway generate much of the r:oise generated by traffic. A freshly paved roadway will generally generate substantially lower noise levels than an older worn roadway. However, the reduction in noise levels erodes rather quickly as the new surface is worn. Typically the reduction is completely eliminated within a year. In recent years "low noise" roadway surfaces have been used with success more and more. These surfaces result in lower traffic noise levels than typical roadway surfaces. The question that has lingered is how long the noise reduction qualities exist. Several long-term tests are currently ongoing and indicate that the noise reduction does in fact last over time. The two surfaces most commonly used for their noise reducing qualities are open -graded friction courses (OGFC) and rubberized asphalt. Studies have shown that these surfaces can reduce traffic Prior to issuance of occupancy permits for the first residential project. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 6 Table l MITIGA ❖ MITIGATION MONITORING AND REPORTING PROGRAM ❖ Mitigation Measure No. — Mitigation Measure __ . _ _ __ Monitoring 1 .. - Milestone vy` Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) noise levels by 5 to 10 dB at highway speeds. At lower speeds. the reductions are estimated to be in the 3 to 5 dB range. Use of one of these surfaces on the roadways causing the impacts would almost completely eliminate the projected noise level increases due to the project as well as the cumulative increases. To mitigate the significant noise impact caused by increased traffic generated by the project, the following roadway segments should be repaved using OGFC, rubberized asphalt or other roadway surface showing documented long term noise reductions of at least 3 dB; Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue. In order to reduce vehicular road noisee the following mitigation measure is recommended: A. These roads (Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8`1' Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue) shall be repaved with the noise reducing surfaces prior to issuance of building permits for the specific project that will result in, cumulatively, more than half of the projected increase in trips resulting from the implementation of the specific plan. 12. Long Term Impacts from On -Site Activities The following long-term noise mitigation measure is recommended: As specific commercial projects are submitted for approval they ;hall be evaluated for noise generating characteristics, the closeness to any residential uses, and the potential for violations of the City's poise Ordinance. If City staff determines that a proposed commercial project has the potential to violate the City's Noise Ordinance, a detailed noise assessment shall be required. This assessment shall be prepared by a qualified acoustical engineer and describe the noise Prior to the issuance of building permits for all commercial projects. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 7 ❖ MITIGATION MONITORING AND REPORTING PROGRAM • Table 7 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) generating activities and their characteristics as a noise source. Noise levels shall be predicted at the potentially impacted residences and compared with the Noise Ordinance standards. If an exceedance is found, project specific mitigation measures shall be described to reduce the noise levels to below the Noise Ordinance Standards. The noise report shall be submitted to and approved by the City and all mitigation measure incorporated into the building plans prior to issuance of building permits for the project. 13. Long Term On -Site Impacts The noise analysis presents evidence that the residential uses along National City Boulevard, 8`h Street, and Plaza Boulevard wou11 be exposed to noise levels in excess of 65 CNEL. Further, indoor noise levels along these roadways and Roosevelt Avenue could be exposed to interior noise levels in excess of 45 CNEL unless properly designed. The noise mitigation measures recommended below will allow development to meet the indoor and outdoor noise level limits of the city. Outdoor Noise Mitigation Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most efficient method of reducing outdoor noise exposure levels. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the barrier breaks the "line of sight" between the source and receiver. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. To be effective noise barriers are required to have a surface density of Prior to the issuance of building permits for all development. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 8 Table ] MITIGATIO • MITIGATION MONITORING AND REPORTING PROGRAM :• Mitigation Measure No. Mitigation Measure V Monitoring Milestone v Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) at least 3.5 pounds per square foot with no openings or cracks. It may be a solid wall, an earthen berm, or a combination of the two. The wall may be constructed of wood studs with stucco exterior, 1/4-inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. For patios and balconies the barriers must run along the entire edge of the patio or balcony from building fate to building face. Based on the projected traffic noise levels, no residential area would require a barrier with a height greater than 9 feet to reduce noise levels to below 65 CNEL. Typically 5 to 6 foot high barriers will adequately reduce traffic noise levels within the specific plan boundary. However, as no specific projects are proposed the specific locations of any private outdoor living areas are not known. Additionally, final grading plans are required to determine the anal barrier heights and ensure compliance with the appropriate standard. The above analysis shows that this standard is achievable with feasible barrier heights. To ensure that residential projects proposed for the project area achieve the 65 CNEL standard, City Staff shall review the preliminary designs to determine if any private outdoor living areas are potentially exposed to noise levels in excess of 65 CNEL. Prior to the issuance of grading permits for any residential area with outdoor living areas potentially exposed to noise levels in excess of 65 CNEL, as determined by the City, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The measures described in the report shalt be incorporated into the grading and building plans, as appropriate. National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 9 • MITIGATION MONITORING AND REPORTING PROGRAM •:• Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) 14. Indoor Noise Mitigation New residential uses within the project area will be exposed to noise levels no higher than 76 CNEL. This means that the building structures will need to achieve up to 31 dB of outdoor -to -indoor poise reduction. This level of noise reduction is achievable. but will likely require substantial building upgrades. Most residential uses will not be exposed to noise levels in excess of 69 CNEL, which will require up to a 24 dB outdoor -to -indoor noise reduction. In some cases standard construction will achieve this level of reduction, however, residences along major roadways may require upgraded windows to achieve the required outdoor to indoor noise reduction. With typical residential construction at least 20 dB of outdoor -to - indoor noise reduction is achieved with windows closed. With windows open outdoor -to -indoor noise reduction falls to 12 cBA. Therefore, units requiring more than 12 dB of noise reduction require adequate ventilation per the Uniform Building Code to allow windows to remain closed. Typically this is provided through mechanical ventilation. Windows do not need to be sealed shut. but closeable at the occupants' discretion. Units along National City Boulevard, 8th Street, Plaza Boulevard, and Roosevelt Avenue will require more than 12 dB of noise reduction and mechanical ventilation. With extensive building upgrades, outdoor -to -indoor noise reduce ions of up to 32 dB can be achieved. All residences require 32 dB or less of outdoor -to -indoor noise reduction. Therefore, the homes in the project will be able to meet the 45 CNEL interior noise standards. Architectural drawings for the homes are not currently available to analyze the actual noise reduction achieved. Prior to issuance of building permits for residential units located along National City Prior to the issuance of building permits for all residential projects. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 10 •:• MITIGATION MONITORING AND REPORTING PROGRAM '.• Table l MITIGATION MONITORING AND RF Mitigation Measure No. Mitigation Measure VMonitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) Boulevard, 8th Street, Plaza Boulevard, and Roosevelt Avenue, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 45 CNEL interior noise standard. The measures described in the report shall be incorporated into the building plans. Commercial uses located within the 70 CNEL contour from the I-5 Freeway will require up to 26 dBA of outdoor -to -indoor noise reduction to meet the 50 CNEL office interior noise standard. Pripr to issuance of building permits for commercial projects units located within the 70 CNEL I-5 Freeway noise contour as shown in Exhibit 6, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 50 CNEL office and/or 55 CNEL retail interior noise standards. The measures described in the report shall be incorporated into the building plans. 15. Short Term Construction If air quality impacts associated with construction of an approved project exceed the significance thresholds, mitigation measures identified below should be implemented as feasible to reduce emissions of the project. Mitigation measures from the SCAQMD are presented below and are recommended for projects in the SDAB, where applicable. The following measures are recommended to reduce pollutant emissions from construction activities. The construction operators shall implement these measures. • Use water trucks to keep all areas where vehicles move damp enough to prevent dust raised when traveling on the site; • Wet down the site in the late morning and after work is On -going during development of the specific plan. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 11 ':• MITIGATION MONITORING AND REPORTING PROGRAM ❖ Table ] MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) completed for the day; • After construction, wet inactive areas down to reduce windblown dust; • Employ street sweeping, should silt be carried over to adjt:cent public roadways; • Wash off trucks leaving the site; • Reestablish ground cover on the construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more); • Maintain construction equipment engines by keeping them tuned; and • Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. 16. Long Term The most significant reductions in regional and local air pollutant emissions are attainable through programs, which reduce the vehicular travel associated with the project. Support and compliance with the RAQS for the basin is the most important measure to achieve this goal. The RAQS includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Additionally, energy conservation measures are included. None of these recommended mitigation measures are strictly required. However, all relevant measures should be applied to the greatest extent possible. On -going during development of the specific plan. National City Building Department 17. TDM Measures • Schedule truck deliveries and pickups for commercial uses during off-peak hours when feasible. This will alleviate traffic congestion, therefore, emissions during the peak hour. On -going during development of the specific plan. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 12 •: MIT/GATIONMONITORING AND REPORTING PROGRAM •: .,ram Table 1 MITIGATION MONITORING AND RIB Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) • Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Presumably, this measure would improve traffic flow into and out of the parking lot. The air quality benefits are incalculable because more specific data is required. • Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Again, the are..s where this measure would be applicable are the intersections in and near the project area. Presumably, these measures would improve traffic flow. Emissions would drop as a result of the higher traffic speeds, but to an unknown extent. • Provide on -site services. Provide incentives such as on -site ATMs and other similar measures that address lifestyle needs. These measures reduce the VMT, but the air quality benefit cannot be quantified because more specific data is required. 18. Energy Efficiency Measures and Additional Measures • Compliance with Title 24, Part 6, California's Energy Efficiency Standards for Residential and Nonresidential Buildings. All buildings must comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. • Develop operational emissions mitigation plan. Prior to approval of each building permit for a commercial or office use, the applicant shall submit to the Director of Planning for approval, an operational emissions mitigation plan. The plan shall identify On -going during development of the specific plan. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 13 :' MITIGATION MONITORING AND REPORTING PROGRAM + Table l MITIGATION MONITORING AND RI;PORTING PROGRAM Mitigation Measure No. Mitigation Measure Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) implementation procedures for each of the following emissions reduction measures. If certain measures are determined infeasible, an explanation thereof shall be provided in the operational emissions mitigation plan. o Utilize built-in energy -efficient appliances to reduce energy consumption and emissions. o Utilize energy -efficient and automated controls for air conditioners and lighting to reduce electricity consumption and associated emissions. • Develop plans to facilitate walking and use of bicycles. Prior to approval of each tentative tract map, the Applicant shall submit to the Director of Community Development for approval, a plan showing pedestrian/bicycle trails that facilitate connections to public facilities such as schools, parks, and regional trails, as well as between residential neighborhoods. o Where possible, connect residential areas to public facilities, parks, regional trails and other residential neighborhoods with pedestrian/bicycle trails. o Where possible, connect commercial areas to adjacent residential areas via bike/walking paths. Coordinate with SDTC regarding the location of bus turnouts and bus routes within the project area. Hazards and Hazardous Materials 19. Prior to development of any property that was formerly occupied by or adjacent to existing facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of National City to evaluate the potential for soil and groundwater contamination. If warranted by the Phase 1 environmental site assessment, soil and possibly groundwater sampling shall be required. Prior to issuance of a demolition, grading or building permit, whichever is issued first. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 14 •:• MITIGATION MONITORING AND REPORTING PROGRAM :• Table I MITIGATI Mitigation Measure No. Mitigation Measure Monitoring Milestone ._, Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) 20. Asbestos, mercury, and a lead -based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities to the satisfaction of the City. Prior to issuance of a demolition or renovation permit, whichever is applicable. National City Building Department 21. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II, and/or asbestos, mercury, or lead- based paint evaluation indicates the presence of these materials or the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in the studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contract or issuance of a demolition permit, whichever is first. All remedial measures required by law shall be implemented and completed prior to the issuance of grading or building permits, whichever is issued first. Prior to issuance of a grading permit. National City Building Department Public Services Water Service 22. All water utility 'plans shall be approved by the Sweetwater Auth rrity to ensure that adequate water service is provided to the development. Prior to issuance of a building permit. National City Building Department 23. The City shall require the incorporation of all state mandated water conservation measures. The City shall also require the additional incorporation, as applicable, of water conservation measures including water efficient dishwashers, water pressure reducing valves, hot water pipe insulation, and hot water on -demand units as applicable. Prior to issuance of a building permit. National City Building Department Police Service 24. The Police Department shall review all future development projects for police protection impacts and ensure that additional police personnel and/or equipment are provided to provide an acceptable Prior to issuance of a building permit. National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 15 •S MITIGATION MONITORING AND REPORTING PROGRAM ❖ Table 1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure No. Mitigation Measure i Monitoring Milestone Enforcement Agency Verification of Compliance (Responsible Monitor to Initial and Date) level of police protection services deemed acceptable by the Police Department prior to the issuance of building permits. j i Fire Protection 25. The Fire Department shall review all future development projects for fire protection impacts and ensure that additional fire personnel and/or equipment are provided to provide an acceptable level of fire protection services deemed acceptable by the National City Fire Department prior to the issuance of building permits. I Prior to issuance of a building permit. l National City Building Department Sewage Services 26. All development projects shall be reviewed by the National City Public Works Department to make sure that adequate sewer collection facilities will be available to serve the project. If the Public Works Department determines the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer prior to the issuance of occupancy permits. I Prior to issuance of j a building permit. , National City Building Department National City Downtown Specific Plan Mitigation Monitoring and Reporting Program November 2004 Page 16 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACTS, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN Prepared For: The Community Development Commission of the City of National City 140 E. 12`h Street, Suite B National City, California 91950 (619) 336-4275 Prepared By: Phil Martin & Associates 18195 McDurmott East, Suite C Irvine, California 92614 (949) 250-0503 November 2004 Attachment 4 TABLE OF CONTENTS I. Introduction 3 II. Description of the Approved Project 3 III. Alternatives to the Proposed Project 3 IV. Findings of Fact 4 V. Effects Determined to Be Mitigatable to a Less Than Significant Level 5 VI. Significant Environmental Effects Which Can't Be Avoided If the Project Is Developed 13 VII. Alternatives to the Proposed Project 14 VIII. Statement of Overriding Considerations 14 National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACTS FOR THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN I. INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code and the State CEQA Guidelines (Guidelines) provide that: "No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been completed and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rational for each finding." (CEQA Guidelines Section 15091) The EIR for the National City Downtown Specific Plan identified significant effects, which may occur as a result of development of the specific plan. In accordance with CEQA Guidelines, the Community Development Commission of the City of National City (CDC) hereby adopts the findings in this report as part of the approval of the development of the National City Downtown Specific Plan (Project). The CDC has prepared an EIR for the proposed Project in accordance with CEQA and the requirements of the State Guidelines. As mandated by legislation in the State of California, the EIR was subject to review and approval by the Community Development Commission of the City of National City at a public hearing held on November 15, 2004, the EIR was certified by the CDC as adequate, in compliance with the provisions of CEQA. In adopting this Statement of Findings and Facts, the CDC approves the Project. The CDC has developed a Mitigation Monitoring Program to monitor and report the implementation of the mitigation measures identified for the Project as part of the environmental review process. II. DESCRIPTION OF THE APPROVED PROJECT The CDC proposes to encourage both public and private rehabilitation and development and reduce and eliminate blight and improve the economic viability of the Project Area. The Downtown Specific Plan is the planning document that will allow the City of National City and the CDC to upgrade and improve the Project Area. The Specific Plan includes design guidelines, land use recommendations, and an implementation program. The purpose of the design guidelines is to equip project applicants, landowners, decision - making bodies, funding bodies, and interested citizens with guidance on achieving and assessing the quality of urban design in redeveloping and restoring downtown areas. The land use recommendations are designed to build upon, and integrate existing key elements in the Project Area including Education Village, Brick Row, Kimball Park, a new public library (under construction), Civic Center, and National City Boulevard. The implementation program of the Specific Plan will be the vehicle to incorporate the design guidelines and land use recommendations into reality to meet its goals and objectives. III. ALTERNATIVES TO THE PROPOSED PROJECT The CDC considered two alternatives. The alternatives to the proposed Project included: (1) No Project; and (2) Enlarged Project Area. Both project alternatives were considered feasible for further evaluation. National City Downtown Specific Plan 1 Finding of Fact/Statement of Overriding Considerations ■ Altemative 1: No Project Alternative. The Project Area would be developed as guided by the current National City General Plan Land Use Element and the National City zoning code and as amended from time to time. Development pursuant to the general plan and zoning code would generate fewer residential units and more retail and light industrial use than proposed by the Downtown Specific Plan. The existing underutilized parcels and blighting conditions may continue well into the future without the ability to increase the density and land uses allowed by the Project. The CDC would not gain the increased tax increment revenue anticipated indirectly by the development allowed by the specific plan, thus the CDC would not be able to participate financially to upgrade and improve the Project Area. • Alternative 2: Enlarged Project Area. This project alternative would enlarge the current size of the Project Area to include additional surrounding properties. The surrounding properties that could be added to the proposed project area include residential, commercial and light industrial uses. The incorporation of other areas would increase land use densities of those additional properties and increase impacts accordingly such as traffic, air quality, and noise. IV. FINDINGS OF FACT The Community Development Commission of the City of National City has reviewed the Final EIR for the proposed project and has considered the public record on the project. The public record for the project is composed of the following elements: • Notice of Preparation, (January 24, 2004) • Downtown Specific Plan DEIR, and Technical Appendices (September 17, 2004) • Downtown Specific Plan Final EIR and Response to Comments (November 2004) • Mitigation Monitoring and Reporting Plan (November 2004) There are three possible findings under CEQA with respect to the significant effects of a project: Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Finding 2: Those changes or alterations are within the responsibility or jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Finding 3: Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. After reviewing the Final EIR and the public record on the Project, the Community Development Commission of the City of National City hereby makes the Findings in Sections V, VI, and VII below regarding the significant effects of the proposed National City Downtown Specific Plan project, pursuant to Sections 21081 and 15091 of the CEQA Public Resource Code and CEQA Guidelines, respectively. National City Downtown Specific Plan 2 Finding of Fact/Statement of Overriding Considerations V. EFFECTS DETERMINED TO BE MITIGATABLE TO A LESS THAN SIGNIFICANT LEVEL GEOLOGY/SOILS Significant Effect Geological and soils impacts could occur with the development of private and public projects in the Project Area. Site specific development plans are not proposed at this time, therefore, it is not known with any accuracy which sites may be exposed to geology and soil impacts. Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding The potential geology and soils impact associated with future development in the Project Area can be reduced to less than a significant level through the implementation of the following mitigation measure: 1. Prior to the issuance of a final grading permit, a detailed geotechnical investigation shall be approved by the City. The investigation shall include fieldwork (e.g., subsurface exploration, sampling) and laboratory analysis as directed by the City to determine the exact location and extend of potential geologic/seismic hazards. All applicable remedial grading measures and seismic design parameters recommended by the geotechnical engineer shall be incorporated into the project and shown on the final grading plans and/or incorporated into contractor specifications prior to award of construction contracts, to the satisfaction of the City. TRAFFIC AND CIRCULATION Significant Effect The Downtown Specific Plan would impact several intersections and require mitigation: Main Street at Yama/I-5 Southbound Off ramp (PM: LOS F); Main Street at Division Street (PM: LOS F); National City Blvd at Division Street (AM: LOS F); I-5 South Ramps at 8th Street (AM, PM: LOS F); National City Boulevard at 8th Street (AM, PM: LOS F); National City Boulevard at Plaza Boulevard (AM: LOS E); and I-5 Northbound Onramp at Civic Center Drive (AM, PM: LOS F). Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential traffic impacts to identified intersections can be reduced to less than a significant level and acceptable levels of service (Level of service D) through the implementation of the following mitigation measures: National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 3 2. Re -stripe the intersection of Main Street at Yama/I-5 southbound off ramp to include two left -turn lanes and a shared through right -turn land for the southbound approach. The improvements shall be coordinated with the City of San Diego and Caltrans. 3. A traffic signal shall be installed at the intersection of Main Street and Division Street. 4. A traffic signal shall be installed at the intersection of National City Boulevard and Division Street. 5. A traffic signal shall be installed at the intersection of I-5 southbound off ramps and 8th Street. 6. Re -stripe the intersection of I-5 northbound on -ramp at Civic Center Drive to include a left -turn pocket for the northbound approach. 7. Provide bicycle racks when feasible to encourage the use of bicycles. 8. Promote ride -sharing programs for the businesses in the Project Area. 9. National City Transit District shall be notified in writing at least one week prior to the start of construction of any public or private project that will impact an existing bus stop/bus shelter to allow National City Transit District adequate time to provide a temporary bus stop/bus shelter. NOISE Significant Effects The development of both public and private projects could increase noise levels in the project vicinity that exceed City adopted noise levels. The development of future projects could increase both short-term (construction) and long-term (operational) noise levels beyond City standards. Potential noise impacts could include both interior and exterior noise levels impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits. Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential short and long-term noise impacts for some noise impacts associated with the future development of properties in the Project Area can be reduced to less than a significant level through the implementation of the following mitigation measures. Although most project level noise impacts can be mitigated, there will be long-term cumulative noise impacts that cannot be mitigated to less than significant levels. Therefore, the project will have cumulative unavoidable adverse noise impacts. Temporary Impacts 10. To ensure that construction activities comply with the City's Noise Ordinance a Construction Noise Abatement Plan shall be prepared for each construction project and submitted to the City prior to the issuance of demolition, grading or building permits, whichever is issued first. The Plan shall describe the construction activities; equipment required for those activities, and noise level generation characteristics of the equipment to be used. Noise levels at the closest residential use shall be predicted. If projected noise levels will exceed the Noise Ordinance limits, measures to reduce those levels to comply with the Noise Ordinance shall be described and implemented. National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 4 Long Term Off -Site Impacts 11. The roads (Civic Center between Wilson Avenue and Roosevelt Avenue, D Avenue between 8th Street and Plaza Boulevard, and Plaza Boulevard between Hoover Avenue and D Avenue) shall be repaved with the noise reducing surfaces prior to issuance of building permits for the specific project that will result in, cumulatively, more than half of the projected increase in trips resulting from the implementation of the specific plan. Long Term Impacts from On -Site Activities 12. As specific commercial projects are submitted for approval they shall be evaluated for noise generating characteristics, the closeness to any residential uses, and the potential for violations of the City's Noise Ordinance. If City staff determines that a proposed commercial project has the potential to violate the City's Noise Ordinance, a detailed noise assessment shall be required. This assessment shall be prepared by a qualified acoustical engineer and describe the noise generating activities and their characteristics as a noise source. Noise levels shall be predicted at the potentially impacted residences and compared with the Noise Ordinance standards. If an exceedance is found, project specific mitigation measures shall be described to reduce the noise levels to below the Noise Ordinance Standards. The noise report shall be submitted to and approved by the City and all mitigation measure incorporated into the building plans prior to issuance of building permits for the project. Outdoor Noise Mitigation 13. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most efficient method of reducing outdoor noise exposure levels. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the barrier breaks the "line of sight" between the source and receiver. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. To be effective noise barriers are required to have a surface density of at least 3.5 pounds per square foot with no openings or cracks. It may be a solid wall, an earthen berm, or a combination of the two. The wall may be constructed of wood studs with stucco exterior, 1/4-inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. For patios and balconies the barriers must run along the entire edge of the patio or balcony from building face to building face. Based on the projected traffic noise levels, no residential area would require a barrier with a height greater than 9 feet to reduce noise levels to below 65 CNEL. Typically 5 to 6 foot high barriers will adequately reduce traffic noise levels within the specific plan boundary. However, as no specific projects are proposed the specific locations of any private outdoor living areas are not known. Additionally, final grading plans are required to determine the final barrier heights and ensure compliance with the appropriate standard. The above analysis shows that this standard is achievable with feasible barrier heights. To ensure that residential projects proposed for the project area achieve the 65 CNEL standard, City Staff shall review the preliminary designs to determine if any private outdoor living areas are potentially exposed to noise levels in excess of 65 CNEL. Prior to the issuance of grading permits for any residential area with outdoor living areas potentially exposed to noise levels in National City Downtown Specific Plan 5 Finding of Fact/Statement of Overriding Considerations excess of 65 CNEL, as determined by the City, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the area and the measures required to meet the 65 CNEL exterior residential noise standard. The measures described in the report shall be incorporated into the grading and building plans, as appropriate. Indoor Noise Mitigation 14. New residential uses within the project area will be exposed to noise levels no higher than 76 CNEL. This means that the building structures will need to achieve up to 31 dB of outdoor -to - indoor noise reduction. This level of noise reduction is achievable, but will likely require substantial building upgrades. Most residential uses will not be exposed to noise levels in excess of 69 CNEL, which will require up to a 24 dB outdoor -to -indoor noise reduction. In some cases standard construction will achieve this level of reduction, however, residences along major roadways may require upgraded windows to achieve the required outdoor to indoor noise reduction. With typical residential construction at least 20 dB of outdoor -to -indoor noise reduction is achieved with windows closed. With windows open outdoor -to -indoor noise reduction falls to 12 dBA. Therefore, units requiring more than 12 dB of noise reduction require adequate ventilation per the Uniform Building Code to allow windows to remain closed. Typically this is provided through mechanical ventilation. Windows do not need to be sealed shut, but closeable at the occupants' discretion. Units along National City Boulevard, 8"' Street, Plaza Boulevard, and Roosevelt Avenue will require more than 12 dB of noise reduction and mechanical ventilation. With extensive building upgrades, outdoor -to -indoor noise reductions of up to 32 dB can be achieved. All residences require 32 dB or less of outdoor -to -indoor noise reduction. Therefore, the homes in the project will be able to meet the 45 CNEL interior noise standards. Architectural drawings for the homes are not currently available to analyze the actual noise reduction achieved. Prior to issuance of building permits for residential units located along National City Boulevard, 8`s Street, Plaza Boulevard, and Roosevelt Avenue, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 45 CNEL interior noise standard. The measures described in the report shall be incorporated into the building plans. Commercial uses located within the 70 CNEL contour from the I-5 Freeway will require up to 26 dBA of outdoor -to -indoor noise reduction to meet the 50 CNEL office interior noise standard. Prior to issuance of building permits for commercial projects units Located within the 70 CNEL I- 5 Freeway noise contour as shown in Exhibit 6, a detailed acoustical study shall be prepared by a qualified acoustical consultant and submitted to the City. This report shall describe and quantify the noise sources impacting the building(s) and the measures required to meet the 50 CNEL office and/or 55 CNEL retail interior noise standards. The measures described in the report shall be incorporated into the building plans. AIR QUALITY Significant Effect National City Downtown Specific Plan 6 Finding of Fact/Statement of Overriding Considerations The Downtown Specific Plan will have both short and long-term air emission impacts and contribute to air quality in the San Diego Air Basin. Based on air quality modeling conducted for build -out of the Specific Plan, it is not anticipated that future development will exceed any established air quality emission thresholds. However, because specific development projects are not proposed at this time, future projects could emit emissions that exceed air quality thresholds at that time. The City will evaluate all projects for potential air quality impacts at the time plans are submitted for approval. Measures to reduce air emissions will be incorporated when required to reduce both short and long-term air quality impacts for compliance with air emission thresholds enforced by SDAPCD. Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential short and long-term air quality impacts for some air emission impacts associated with the future development of properties in the Project Area can be reduced to less than a significant level through the implementation of the following mitigation measures. Although most project level air emission impacts can be mitigated, there will be long-term cumulative air quality impacts that cannot be mitigated to less than significant levels. Therefore, the project will have cumulative unavoidable adverse air quality impacts. Short Term Construction 15. If air quality impacts associated with construction of an approved project exceed the significance thresholds, mitigation measures identified below should be implemented as feasible to reduce emissions of the project. Mitigation measures are presented below and are recommended for projects in the SDAB, where applicable. The following measures are recommended to reduce pollutant emissions from construction activities. The construction operators shall implement these measures. • Use water trucks to keep all areas where vehicles move damp enough to prevent dust raised when traveling on the site; • Wet down the site in the late morning and after work is completed for the day; • After construction, wet inactive areas down to reduce windblown dust; • Employ street sweeping, should silt be carried over to adjacent public roadways; • Wash off trucks leaving the site; • Reestablish ground cover on the construction site through seeding and watering on portions of the site that will not be disturbed for lengthy periods (such as two months or more); • Maintain construction equipment engines by keeping them tuned; and • Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Long Term 16. The most significant reductions in regional and local air pollutant emissions are attainable through programs, which reduce the vehicular travel associated with the project. Support and compliance with the RAQS for the basin is the most important measure to achieve this goal. The RAQS includes improvement of mass transit facilities and implementation of vehicular usage reduction programs. Additionally, energy conservation measures are included. None of these National City Downtown Specific Plan 7 Finding of Fact/Statement of Overriding Considerations recommended mitigation measures are strictly required. However, all relevant measures should be applied to the greatest extent possible. TDM Measures 17. Schedule truck deliveries and pickups for comtercial uses during off-peak hours when feasible. This will alleviate traffic congestion, therefore, emissions during the peak hour. 18. Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Presumably, this measure would improve traffic flow into and out of the parking lot. The air quality benefits are incalculable because more specific data is required. 19. Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Again, the areas where this measure would be applicable are the intersections in and near the project area. Presumably, these measures would improve traffic flow. Emissions would drop as a result of the higher traffic speeds, but to an unknown extent. 20. Provide on -site services. Provide incentives such as on -site ATMs and other similar measures that address lifestyle needs. These measures reduce the VMT, but the air quality benefit cannot be quantified because more specific data is required. Energy Efficiency Measures and Additional Measures 21. Compliance with Title 24, Part 6, California's Energy Efficiency Standards for Residential and Nonresidential Buildings. All buildings must comply with Title 24, Part 6. Reducing the need to heat or cool structures by improving thermal integrity will result in a reduced expenditure of energy and a reduction in pollutant emissions. 22. Develop operational emissions mitigation plan. Prior to approval of each building permit for a commercial or office use, the applicant shall submit to the Director of Planning for approval, an operational emissions mitigation plan. The plan shall identify implementation procedures for each of the following emissions reduction measures. If certain measures are determined infeasible, an explanation thereof shall be provided in the operational emissions mitigation plan. o Utilize built-in energy -efficient appliances to reduce energy consumption and emissions. o Utilize energy -efficient and automated controls for air conditioners and lighting to reduce electricity consumption and associated emissions. 23. Develop plans to facilitate walking and use of bicycles. Prior to approval of each tentative tract map, the Applicant shall submit to the Director of Community Development for approval, a plan showing pedestrian/bicycle trails that facilitate connections to public facilities such as schools, parks, and regional trails, as well as between residential neighborhoods. o Where possible, connect residential areas to public facilities, parks, regional trails and other residential neighborhoods with pedestrian/bicycle trails. o Where possible, connect commercial areas to adjacent residential areas via bike/walking paths. National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 8 24. Coordinate with SDTC regarding the location of bus turnouts and bus routes within the project area. HAZARDS AND HAZARDOUS MATERIALS Significant Effect The development of sites that used hazardous materials in the past could expose the public or the environment to hazards due to the development of such sites. The Downtown Specific Plan will encourage development of property in the project area, which some sites may be contaminated with hazardous materials. The development of the sites could, without proper cleanup, result in significant adverse hazards and hazardous material impacts to the public or the environment. Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential hazardous impacts with the development of properties that may be contaminated can be reduced to less than a significant level through the implementation of the following mitigation measures: 2D. Prior to development of any property that was formerly occupied by or adjacent to existing facilities that used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be approved by the City of National City to evaluate the potential for soil and groundwater contamination. If warranted by the Phase 1 environmental site assessment, soil and possibly groundwater sampling shall be required. 26. Asbestos, mercury, and a lead -based paint survey of existing buildings shall be conducted prior to any renovation or demolition activities to the satisfaction of the City. 27. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II, and/or asbestos, mercury, or lead -based paint evaluation indicates the presence of these materials or the potential for hazardous materials at levels requiring mitigation, all remedial measures identified in the studies shall be shown on the face of the grading plans and/or incorporated into contractor specifications prior to awarding the construction contract or issuance of a demolition permit, whichever is first. All remedial measures required by law shall be implemented and completed prior to the issuance of grading or building permits, whichever is issued first. WATER SERVICE Significant Effect The development of projects consistent with the specific plan could require upgrades and improvements to the existing water distribution system in order for adequate water service to be provided to specific developments in the future. New development will consume water that could impact the current water supply. National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 9 Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential impacts due to inadequate water facilities being available to provide water to future development can be reduced to less than a significant level through the implementation of the following mitigation measures: 28. All water utility plans shall be approved by the Sweetwater Authority to ensure that adequate water service is provided to the development. 29. The City shall require the incorporation of all state mandated water conservation measures. The City shall also require the additional incorporation, as applicable, of water conservation measures including water efficient dishwashers, water pressure reducing valves, hot water pipe insulation, and hot water on -demand units as applicable. POLICE SERVICE Significant Effect New development would increase the need for police protection services, which could impact the Police Department and its response times tor Priority One, Priority Iwo, and Priority Three calls. Additional service calls could impact the Police Department's ability to maintain desired levels of service. Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential impacts to the National City Police Department can be reduced to less than a significant level through the implementation of the following mitigation measure: 30. The Police Department shall review all future development projects for police protection impacts and ensure that additional police personnel and/or equipment are provided to provide an acceptable level of police protection services deemed acceptable by the Police Department prior to the issuance of building permits. FIRE PROTECTION Significant Effect The Specific Plan will encourage new development, which will increase the need for fire protection services. Additional demand for fire protection services could impact the Fire Department by reducing the ability of fire units to respond to calls throughout the City within its desired response time of five minutes. National City Downtown Specific Plan 10 Finding of Fact/Statement of Overriding Considerations Finding Finding 1: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential impacts to the National City Fire Department can be reduced to less than a significant level through the implementation of the following mitigation measure: 31. The Fire Department shall review all future development projects for fire protection impacts and ensure that additional fire personnel andlor equipment are provided to provide an acceptable level of fire protection services deemed acceptable by the National City Fire Department prior to the issuance of building permits. SEWAGE SERVICES Significant Effect The Specific Plan will encourage new development, which will impact the sewage collection system that serves the central portion of the Project Area. The sewage collection system that serves the central portion of the Project Area may have to be upgraded if the existing collection system cannot handle future sewage flows. Finding Finding I: Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant effects on the environment. Facts in Support of the Finding Potential impacts to the sewage collection system can be reduced to less than a significant level through the implementation of the following mitigation measure: 32. All development projects shall be reviewed by the National City Public Works Department to make sure that adequate sewer collection facilities will be available to serve the project. If the Public Works Department determines the existing sewer collection facilities are not adequate the project developer shall construct the facilities necessary to the satisfaction of the City Engineer prior to the issuance of occupancy permits. VI. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS DEVELOPED NOISE Significant Effect The development of public and private projects could increase noise levels in the project vicinity that exceed City adopted noise levels and include both short-term (construction) and long-term (operational) National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 11 noise levels. The increased noise levels could impact noise sensitive land uses (residential) due to increased ambient, or background noise levels beyond City acceptable limits. Finding Finding 3: Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. Facts in Support of the Finding The significant project and cumulative off -site traffic noise impacts cannot be reduced with feasible mitigation measures to less than significant levels to comply with the City's noise ordinance. Mitigation measures are listed in the EIR to ensure individual projects meet the City's criteria for both interior and exterior noise levels. However, development allowed by the specific plan in conjunction with other development in National City will result in cumulative outdoor noise level increases that cannot be mitigated, which would result in unavoidable adverse noise impacts. AIR QUALITY Significant Effect Although most project level air emission impacts can be mitigated, there will be long-term cumulative air quality impacts that cannot be mitigated to less than significant levels. Therefore, the project will have cumulative unavoidable adverse air quality impacts. Finding Finding 3: Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. Facts in Support of Finding: The Downtown Specific Plan will have both short and long-term air emission impacts and contribute to air quality in the San Diego Air Basin. Potential short and long-term air quality impacts for some air emission impacts associated with the future development of properties in the Project Area can be reduced to less than a significant level through the implementation of feasible mitigation measures. Although most project level air emission impacts can be mitigated, there will be long-term cumulative air quality impacts that cannot be mitigated to less than significant levels. Therefore, the project will have cumulative unavoidable adverse air quality impacts. VII. ALTERNATIVES TO THE PROPOSED PROJECT CEQA Guidelines Section 15126(d) requires a discussion of reasonable alternatives to the proposed project. The EIR evaluated three alternatives in addition to the proposed project. NO PROJECT ALTERNATIVE National City Downtown Specific Plan 12 Finding of Fact/Statement of Overriding Considerations Finding Finding 3: Specific economic, social or other considerations make infeasible the project alternative identified in the EIR. Facts in Support of Finding As compared to the proposed project, there would be no significant unavoidable adverse impacts with the No Project Alternative. The Project Area could still be developed consistent with and as guided by the National City General Plan. Development of the Project Area consistent with the General Plan would allow development that could result in significant and unavoidable impacts similar to the Project. Thus, the No Project would not necessarily eliminate or reduce both the mitigated impacts and unavoidable adverse impacts of the Project. In addition, the City would not receive the benefits associated with the Project such as improving the economic condition of the downtown area, removing blight, and increasing revenue for the city due to increased retail sales and property taxes. EXPANDING THE PROEJCT AREA Finding Finding 3: Specific economic, social or other considerations make infeasible the project alternative identified in the EIR. Facts in Support of Finding This project alternative would expand the Project Area to include surrounding properties. VIII. STATEMENT OF OVERRIDING CONSIDERATIONS The CDC has made a reasonable and good faith effort to mitigate potential impacts resulting from the development of the Project. Changes and alterations to the proposed development have been adopted which will substantially lessen or avoid significant environmental impacts as identified in the Draft EIR. Additionally, the CDC has adopted a Mitigated Monitoring and Reporting Program for the Downtown Specific Plan, which outlines how the mitigation measures that were adopted as part of the Project will be implemented, monitored and evaluated. The benefits of the proposed project have been balanced against and outweigh the unavoidable adverse environmental impacts identified in the Draft EIR. The Community Development Commission of the City of National City makes the following Statement of Overriding Considerations. The following project -specific and cumulative impacts of the Downtown Specific Plan are considered significant and unavoidable based on the Draft EIR, Final EIR, Mitigation Monitoring and Reporting Program and the findings discussed previously: 1. The project will contribute to cumulative noise level increases and subsequent unavoidable noise impacts. 2. The project will contribute to cumulative air quality impacts in the San Diego Air Basin. The Community Development Commission of the City of National City, acting pursuant to Section 15093 National City Downtown Specific Plan Finding of Fact/Statement of Overriding Considerations 13 of the State CEQA Guidelines, hereby finds that for the reasons set forth below, the economic, social, and other benefits of the project outweigh the unavoidable noise and air quality impacts identified in the findings. In making this finding, the Community Development Commission of the City of National City has balanced the benefits of the proposed project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. In part, the project will provide the following benefits: 1. Increase retail sales and property tax for the City and the CDC. 2. Provide additional residential homes for the City of National City, which are needed. 3. Reduce and/or eliminate existing blighted conditions. 4. Enhance and improve the character and visual appearance of the downtown area and further strengthen the commercial and social activity in the downtown. National City Downtown Specific Plan 14 Finding of Fact/Statement of Overriding Considerations City of National City COUNCIL AGENDA STATEMENT **RIVER To rum #22 MEETING DATE: November 16, 2004 AGENDA ITEM NO. 23 rM TITLE: RESOLUTION APPROVING THE SPECIFIC PLAN FOR RESIDENTIAL, COM- MERCIAL AND MIXED -USE DEVELOPMENT IN DOWNTOWN NATIONAL CITY AND RE- LATED AMENDMENT TO THE GENERAL PLAN PREPARED BY: Benjamin Martinez 1 Executive Director EXPLANATION: DEPARTMENT Community Development Commission The Community Development Commission has prepared the proposed Downtown Specific Plan pursuant to the regulations of Sections 65450 to 65457 of the California Govemment Code, which have been adopted and incorporated under Section 18.08.030 of the City's Municipal Code. The General Plan Amendment is being processed pursuant to Chapter 18.112 (Amendments) of the City's Municipal Code. Additionally, a Program Environmental Impact Report has been prepared pursuant to the re- quirements of the California Environmental Quality Act to evaluate the potential environmental impacts that could occur with the approval and implantation of the proposed Downtown Specific Plan. Environmental Review N/A On November 16, 2004, the Community Development Commission will consider the certification of the Program Environmental Impact Report pursuant to the requirements of the California Environmental Quality Act. Financial Statement There will be no fiscal impact to the City's General Fund as a result of this action. STAFF RECOMMENDATION Adopt Resolution approving the National City Downtown Specific Plan. BOARD/COMMISSION RECOMMENDATION On November 1, 2004, the Planning Commission conducted a public hearing; and recommended that the City Council approve the Downtown Specific Plan. 0 ATTACHMENTS (Listed Below) 1. Resolution Resolution No. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE NATIONAL CITY DOWNTOWN SPECIFIC PLAN AND AN AMENDMENT TO THE GENERAL PLAN FOR RESIDENTIAL, COMMERCIAL AND MIXED -USE DEVELOPMENT WITHIN DOWNTOWN NATIONAL CITY CASE FILE NO.: GP-2004-4/SP-2004-2 WHEREAS, the Community Development Commission of the City of National City has drawn its attention to the renaissance of the downtown area as a juncture of favorable circumstances. This vision commences with the creation of the National City Downtown Specific Plan. The downtown area is envisioned to be a desirable and attractive destination to live, invest and thrive through the implementation of innovative policies, standards and procedures which in turn would generate a vibrant catalyst for further redevelopment and the full revitalization of Downtown National City; and WHEREAS, the Community Development Commission has prepared and processed the National City Downtown Specific Plan which has been prepared pursuant to the regulations of Sections 65450 to 65457 of the California Govemment Code, which have been adopted and incorporated under Section 18.08.030 of the National City Municipal Code, and the General Plan Amendment has been processed pursuant to Chapter 18.112 (Amendments) of the National City Municipal Code; and WHEREAS, the intent of the National City Downtown Specific Plan is to reinforce the downtown as the civic center, hub of commercial commerce, attraction to modem living, and heart of National City. All new developments and the revitalization/rehabilitation of existing buildings and structures within the downtown area would be govemed by the National City Downtown Specific Plan and the City's General Plan. The National City Downtown Specific Plan land use designations, development standards, design guidelines, and development review procedures will be incorporated by reference in the General Plan. Where there is a conflict between the Land Use Code the National City Downtown Specific Plan shall take precedent. Where the National City Downtown Specific Plan is silent on issues, the Land Use Code shall be the goveming document. The Land- Use Code states the authority for an adopted specific plan to override Code requirements; and WHEREAS, a Program Environmental Impact Report has been prepared for the Community Development Commission, pursuant to the requirements of the Califomia Environmental Quality Act to evaluate the potential environmental impacts that could occur with the approval and implementation of the Downtown Specific Plan. Accordingly, on September 15, 2004, the Notice of Completion was prepared and filed with the State Clearinghouse of the Governor's Office of Planning and Research. The mandatory 45-day public review period commenced on September 17, 2004, and ended on November 1, 2004, at 5:00 p.m.; and Resolution No. 2004 — November 16, 2004 Page Two WHEREAS, no public comments on the Program Environmental Impact Report were received; and WHEREAS, on November 1, 2004, the Planning Commission held a duly advertised public hearing to consider the proposed National City Downtown Specific Plan and General Plan Amendment, along with all evidence and testimony presented at said hearing, and upon the conclusion of the public hearing the Planning Commission approved the National City Downtown Specific Plan and forwarded a recommendation of approval to the City Council; and WHEREAS, on November 16, 2004, the City Council held a duly advertised public hearing to consider the recommendation and findings of the Planning Commission for approval of the National City Downtown Specific Plan and General Plan Amendment, along with evidence and testimony presented; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Govemment Code of the State of Califomia. NOW, THEREFORE BE IT RESOLVED that the City Council finds that the National City Downtown Specific Plan and General Plan Amendment is in the public interest and is consistent with General Plan policies due to the fact that the intent of the National City Downtown Specific Plan is to reinforce the downtown as the civic center, hub of commercial commerce, attraction to modem living, and heart of National City, and as such the City Council has made the following findings: 1. The Community Development Commission will certify the Program Environmental Impact Report, adopt the Findings of Facts and Statement of Overriding Considerations, and approve the Mitigation Monitoring and Reporting Program due to the fact that the National City Downtown Specific Plan would not have a significant effect on the environment. 2. The amendment to the General Plan and adoption of the National City Downtown Specific Plan, which would allow for revitalization of the downtown area through the implementation of new land use and development standards, design guidelines, and development review procedures, is in the public interest and is consistent with General Plan policies due to the fact that the National City Downtown Specific Plan would facilitate the transformation of the downtown area into a vibrant core community. Resolution No. 2004 — November 16, 2004 Page Three 3. The amendment to the General Plan and adoption of the National City Downtown Specific Plan would not affect the City's certified Housing Element in which National City shall comply with the provisions of Article 10.6 of the Califomia Govemment Code, including addressing the needs of all income levels, and due to the fact that no govemmental constraints have been approved by the National City Downtown Specific Plan that would limit construction on the properties affordable to all household income levels. 4. The National City Downtown Specific Plan conforms to the proposed General Plan policy which calls for the reinforcement of the Downtown as the City's heart, civic center, and commercial hub; by encouraging intensive commercial, residential and mixed -use, pedestrian -oriented development; and containing development standards that involve taller structures and higher densities, and also require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. BE IT FURTHER RESOLVED that the City Council amends the General Plan, Chapter II — Overall Urban Framework by adding Policy AB (currently on page 13) to read as follows: The Downtown shall be reinforced as the City's heart, civic center, and commercial hub. To accomplish this, a specific plan should be drafted encouraging intensive commercial, residential and mixed -use, pedestrian - oriented development. Development standards of the specific plan may involve taller structures and higher densities, as well as require lesser setbacks and fewer on -site parking spaces, relative to other areas of the City. PASSED and ADOPTED this 16th day of November, 2004. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, I11 City Attorney City of National City COUNCIL AGENDA STATEMENT **REFER TO ITEM #19 MEETING DATE: November 16, 2004 AGENDA ITEM NO. 24 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREPARED BY: Ben Martinez, EXPLANATION: DEPARTMENT Community Development Commission Executive Director 336-4250 The City Council held a public hearing, received and considered public input and can now take action on the above resolution. Environmental Review X N/A Financial Statement No affect. There will be neither a gain nor loss in federal grant monies to the City resulting from this reallocation. J r STAFF RECOMMENDATION That the City Council approve the resolution approving a reallocation of CDBG funds. BOARD/COMMISSION RECOMMENDATION Not Applicable ATTACHMENTS (Listed Below) None Resolution No. RESOLUTION 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING THE REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS WHEREAS, the City of National City administers the allocation of CDBG funding for the Federal Govemment under the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the City wishes to reallocate program funds that have been uncommitted and/or unspent; and WHEREAS, the City Council of the City of National City held a noticed public hearing on the reallocation of said funds on this date, November 16, 2004; and WHEREAS, the City has agreed to reallocate $10,000 2003-2004 CDBG funds from the National City Engineering Department to the National City Historical Society for capital improvements to the Historic Granger Hall. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of National City that the reallocation of CDBG funds are approved and the Mayor is hereby authorized, on behalf of the City Council, to submit a revised final statement to the U.S. Department of Housing and Urban Development reflecting said amendment. PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE November 16, 2004 AGENDA ITEM NO. 25 ITEM TITLE PREPARED BY EXPLANATION Resolution Authorizing the Transfer of $13,000 from the General Fund Designated for Contingencies Account (001-2411) to the International Fair and Parade Account (001-409-000-650-9012) Leslie Deese DEPARTMENT (619) 336-4242 Please see attached Staff Report Community Services Environmental Review Financial Statement N/A X N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the proposed Resolution authorizing the transfer of $13,000 from General Fund Designated for Contingencies Account (001-2411) to the International Fair and Parade Account (001-409-000-650-9012). BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Staff Report 2. Proposed Resolution Resolution No. A-20D 19•991 ATTACHMENT: The purpose of this report is to request that the City Council authorize the transfer of $13,000 from the General Fund to the International Fair and Parade Account. This account would fund the "2005 International Fair and Parade" which would celebrate National City's cultural diversity. The International Fair and Parade would be held in lieu of the Maytime Band Review, which, after 57 years held it final parade on May 1, 2004. In the spirit of continuing this much -loved tradition, the City Council appointed Councilmembers Frank Parra and Luis Natividad to form an exploratory committee to consider alternatives to the Maytime Band Review. This Committee, comprised of representatives from the community, businesses, service groups and City staff, has held regular meetings since August, 2004. The Committee recommends that the City continue its tradition of an annual parade by holding the International Fair and Parade, a one -day community event that would feature a parade, a camival at Kimball Park, arts & crafts, food, games, and local entertainment including dancing, singing, and a talent show. The parade would follow a route similar to the Maytime Band Review and would include floats, marching bands, youth organizations, school groups, charitable organizations, service and community groups and local businesses. The National City Host Lions Club would be the main sponsor of the parade and fair. Service clubs, local businesses and other entities would be invited to be co-sponsors. A Temporary Use Permit for this event is scheduled for City Council consideration on December 7, 2004. At the FY 04-05 Finance Committee Workshop, the Council did not restore the $13,000 Maytime Band Review funding. If the City Council chooses to restore the funds, the most appropriate method to do so would be to adopt the proposed resolution authorizing the transfer of funds RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE TRANSFER OF $13,000 FROM THE GENERAL FUND DESIGNATED FOR CONTINGENCIES ACCOUNT (001-2411) TO THE INTERNATIONAL FAIR AND PARADE ACCOUNT (001-409-000-650-9012) WHEREAS, a transfer of funds from the General Fund Designated for Contingencies Account to the International Fair and Parade Account is necessary to fund said parade and fair. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 001-2411 General Fund Designated or Contingencies TO: Account No. 001-409-000-650-9012 International Parade and Fair TOTAL AMOUNT: $13,000 PURPOSE: To fund the International Fair and Parade PASSED and ADOPTED this 16th day of November, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney .dEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 AGENDA ITEM NO. 26 ITEM TITLE City Hall Remodel (see attached for full title) PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering 336-4383 EXPLANATION See attached CEnvironmental Review X N/A Financial Statement See attached Approved By: _„ marl . Director Account No. STAFF RECOMMENDATION Adopt the Resolution. ��pp c"_.- I4 BOARD / COMMISSION REC MENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Information Sheet Resolution No. 3. Bid Proposal Spreadsheet for the three lowest bidders A-200 (9.991 ITEM TITLE: Resolution of the City Council of National City allocating $275,000 for the remodel of the City Hall second floor front lobby area, the Human Resources office area, and the Engineering Department office area; awarding a contract to Randall Construction in the amount of $114,254 of the allocated funds for the remodel improvements; approving the purchase of approximately $110,000 in modular furniture from Office Pavilion using the allocated funds; and approving the expenditure of approximately $13,000 using the allocated funds to Nexus for the relocation of the telephone and computer switchgear currently in the Human Resource office area EXPLANATION: On May 18, 2004 by Resolution Number 2004-78 the Council approved a contract with Katz Architecture to design needed improvements to the City Hall second floor front lobby area, the Human Resources office area, and the Engineering Department office area. At the time it was estimated that the building improvements and necessary furniture would cost approximately $230,000, but the funding was not allocated as part of the action taken in May. The building improvement project has now been designed and competitively bid. As part of the building improvement plan preparation, furniture and equipment was selected from Office Pavilion. (Office Pavilion was selected as a supplier through a "county -wide" competitive bidding process.) The designed improvements are based upon the modular furniture selections. In order to proceed with the project is it now necessary to allocate $275,000 for the project. The budget has grown from the original estimate of $230K to $275K. This is because work has been added to the project, specifically relocating the telephone and computer switchgear; and because the allocation request includes a "contingency" for conditions that may be encountered during the construction of the project which was not included in the May estimate. The following is a breakdown of the allocation request: Building Improvements $114,254 Furniture and Equipment $110,000 Switchgear Relocation $13,000 Contingency (approx 30% of TI cost) $37,746 Total $275,000 The contingency budget is necessary for testing and inspection, mitigation of hazardous materials if encountered during design, and to address any other unforeseen issues that may arise during construction. It will also be necessary to have temporary spaces for employees during the construction process, and depending on the arrangements, there may be some minor costs associated with that effort. $275,000 will be made available for this project by taking the following actions as described in the Resolution: 1. Transfer $100,000 from project account 189-409-500-598-1400 Phase Seven Garden Level Remodel to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel. 2. Transfer $175,000 from the General Fund Undesignated Fund Balance Account No. 001-2411 to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel The building improvement project includes: 1. The ceiling throughout the area being remodeled will be replaced or renovated. A new drop ceiling will be installed in all areas that are currently ceiling tile, and the high ceiling in the lobby areas of the second floor will be renovated. This will also include all new light fixtures and HVAC registers. 2. Major reconfiguration of the Human Resources office area will be performed. This includes installing a window similar to the City Clerks office and an access door from the main lobby area. The interior of the office space will also be remodeled to better utilize the available space. Human Resources will then make use of the lobby area for customer service. 3. The City Clerks office will have an interoffice mailbox installed on the wall adjacent to the door that can be accessed from inside the office by the clerk, and through individual "mailboxes" from the lobby side. 4. The bathrooms will be renovated. 5. The engineering counter will be relocated further into the lobby area providing more space behind the counter. Two lower seating areas will also be provided at the counter where customers can sit with staff and review plans. 6. A rework of the electrical circuitry will be performed 7. New paint throughout the area. 8. New carpet will be installed. 9. New window coverings throughout. 10. Functional and "ergonomically correct" modular furniture will be installed throughout the remodel area. The furniture has been selected specifically for the task the each staff member must accomplish. The following is a brief synopsis of the competitive bid process that resulted in Randall Construction being selected for the building improvement portion of the project. Design started in May 2004. On October 8, 2004, the project was advertised on the local and regional newspapers, as well as a number of plan rooms and trade publications. On November 2, 2004, six bids were received and opened for the project. Staff reviewed the bid documents and found the lowest responsible and responsive bidder, Randall Construction qualified to perform the work. Randall Construction's bid was for $114,254. The Bid Opening Information Sheet and the cost proposals for the three low bidders are attached for further review. Also attached is a brief company biography of Randall Construction. As stated, also included in the project will be the relocation of the telephone and computer switchgear. This gear is currently located in the closet in the Human Resources Director's office. This gear will be relocated across the hall into a closet that was created at the south end of the copier room by Public Works for the MIS Department. The MIS department through the use of the city's phone system vendor, Nexus, will accomplish this work. This relocation serves two purposes; it gives the MIS Department the access it needs to this gear without disturbing the HR Director, and gives the HR Director the office space needed to allow more efficient operation. This work is estimated at $13,000. Also as stated, Office Pavilion has been selected to supply the furniture through a county- wide" competitive bid process. The City will "piggy -back" on this contract in order to make this purchase. One of the required early steps in the design of the office improvements was to select furniture. The improvements were then designed with the specific furniture taking into consideration not only its dimensions, but also its power requirements- as the modular furniture includes power and data outlets. The total cost of the furniture and equipment is $110,000 Finally with respect to the schedule, there are 30 working days allowed in the contract for the building improvements. However, there are a few "long lead" items identified in the bid process, such as light fixtures and bathroom partitions. Furniture also has a delivery time of approximately 10 weeks. Based upon these items, the following is the estimated schedule. Award the contract to Randall November 16, 2004. Order furniture from Office Pavilion immediately. Finalize the contract with Randall by December 1 and orders are place immediately. Demolition starts no later than February 1, 2005 and work is completed mid -March. FINANCIAL STATEMENT: $275,000 are available for this project after the following two transfers are accomplished: 1. Transfer $100,000 from project account 189-409-500-598-1400 - Phase Seven Garden Level Remodel to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel. 2. Transfer $175,000 from the General Fund Undesignated Fund Balance Account No. 001-2411 to Project Account Number 001-409-500-598-1589 - City Hall Second Floor Remodel The following is a breakdown of the budget for the project: Building Improvements $114,254 Furniture and Equipment $110,000 Switchgear Relocation $13,000 Contingency (approx 30% of TI cost) $37,746 Total $275,000 RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ALLOCATING $275,000 FOR THE REMODEL OF CITY HALL SECOND FLOOR FRONT LOBBY AREA, THE HUMAN RESOURCES OFFICE AREA, AND THE ENGINEERING DEPARTMENT OFFICE AREA; AWARDING A CONTRACT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $114,254 OF THE ALLOCATED FUNDS FOR THE REMODEL IMPROVEMENTS; APPROVING THE PURCHASE OF APPROXIMATELY $110,000 IN MODULAR FURNITURE FROM OFFICE PAVILION USING THE ALLOCATED FUNDS; AND APPROVING THE EXPENDITURE OF APPROXIMATELY $13,000 USING THE ALLOCATED FUNDS TO NEXUS FOR THE RELOCATION OF THE TELEPHONE AND COMPUTER SWITCHGEAR CURRENTLY IN THE HUMAN RESOURCES OFFICE AREA WHEREAS, on May 18, 2004, by Resolution No. 2004-78, the City Council approved a contract with Katz Architecture to design needed improvements to the City Hall second floor front lobby area, the Human Resources office area, and the Engineering office area. At that time it was estimated that the building improvements and necessary fumiture would cost approximately $230,000; and WHEREAS, the building improvement project has now been designed and competitively bid. As part of the building improvement plan preparation, furniture and equipment was selected from Office Pavilion through a "county -wide" competitive bidding process. Section 2.60.260 of the Municipal Code authorizes the City to join other jurisdictions in public purchasing plans; and WHEREAS, included in the project will be the relocation of the telephone and computer switchgear from the Human Resources Director's office to a location across the hall under an existing contract with Nexus, the City's telephone system vendor; and WHEREAS, the Engineering Department did, in open session on November 2, 2004, publicly open, examine and declare six sealed bids for the National City City Hall Remodel project. The lowest responsive and responsible bidder was Randall Construction, whose bid to perform the work was for $114,254; and WHEREAS, the project budget has grown from the original estimate of $230,000 to $275,000, because work has been added to the project, specifically, relocating the telephone and computer switchgear; and because the budget now includes a "contingency" for conditions that may be encountered during the construction of the project which was not included in the original estimate; and WHEREAS, it is proposed that $275,000 be made available for this project by transferring monies from other accounts to the "City Hall Second Floor Remodel" project account. Resolution No. 2004 — November 16, 2004 Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: 1. That a contract in the amount of $114,254 is hereby awarded to Randall Construction for the National City City Hall Remodel project. 2. That the purchase of approximately $110,000 in office furniture from Office Pavilion is hereby approved. 3. That the expenditure of approximately $13,000 for the relocation of telephone and computer switchgear by Nexus is hereby approved. 4. That $275,000 is hereby made available for this project by the following: a. Transfer of $100,000 from project account 189-409-500-598-1400 "Phase Seven Garden Level Remodel" to project account number 001-409-500-598-1589 "City Hall Second Floor Remodel". b. Transfer of $175,000 from the "General Fund Undesignated Fund Balance" account number 001-2411 to project account number 001-409-500-598-1589 "City Hall Second Floor Remodel". APPROVED and ADOPTED this 16th day of November 2004. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attomey BID OPENING SPECIFICATION NUMBER: PROJECT TITLE: NATIONAL CITY CITY HALL REMODEL OPENING DATE: TUESDAY, NOVEMBER 2, 2004 TIME: 3:OOPM ESTIMATE: $ 125,000.00 PROJECT ENGINEER: STEVE KIRKPATRICK NO. BIDDER'S NAME AND ADDRESS (PAGE 12) BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK (PAGE 18-BOND) 1. RANDALL CONSTRUCTION 3656 Run Rd. Suite D San Diego, CA 92123 $114,254.00 x x 2. S11:VENS CONSTRUCTION 125 E. 17TH STREET NATIONAL CITY, CA 91950 $126„500.00 x x 3_ CORNERSTONE BLDG. GRP. 3590 Kettner Boulevard San Diego, CA 92101 $133,000.00 x x 4. JAYMES CONSTRUCTION 8530 La Mesa Blvd., Ste. 306 La Mesa, CA 91941 $145,700.00 x x 5. RSM CONTRACTORS, INC. 8265 Commercial St. #9 La Mesa, CA 91942 $146,900.00 x x 6. ST. THOMAS ENTERPRISES 3817 Palm Drive Bonita, CA 91902-2515 $153,000.00 x x National City City Hall Remodel Item QTY UNIT Item Description RANDALL City Of National City 1243 National City Boulevard, National City, CA 91950 STEVENS CORNERSTONE CONSTRUCTION CONSTRUCTION BLDG. GROUP 1 1 LS NATIONAL CITY HALL REMODEL $ 114,254.00 $ 126,500.00 $ 133,000.00 Progress Est. No. 11/3/04 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16th, 2004 27 AGENDA ITEM NO. ITEM TITLE 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUAGREEMENTS DAVID PTEW ' ADOLFO GONZALES ,sue `"l' 7 �" PREPARED BY POLIC SUPPORT SERVICES DEPARTMENT CHIEF OF POLICE MANAGER NATIONAL CITY POLICE DEPARTMENT EXPLANATION City Council has previously considered the condition of the City's radio system on several previous occasions Most recently at the October 19th 2004 meeting, City Council considered a proposed financing plan calling for at least some of the estimated $2.4M system cost to be financed through private placements. At that meeting, City Council directed that Staff return with sales and financing documents at a future meeting. Tonight's recommended action is to grant final approval authority on all necessary aspects of this project and to authorize the City Manager to purchase the system and order delivery. Four separate agreements are necessary to commence this project. Separate resolutions are attached on each agreement and they appear in the following order: 1,\,_ Continued on next page. 2 Environmental Review N/A Financial Statement Account No. (STAFF RECOMMENDATION If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is acceptable. Such a single motion should recite each of the four resolutions and its caption phrase. r•^AFI CD`I`IIV1Ile1d1WIMMArMw‘TION ATTACHMENTS ( Listed Below ) A.) KCS Membership Agreement B.) RCS Financing Agreement C.) D.) Motorola Equipment PnrcnoasetA°greNemeiil Financing Agreement with Zion First National Bank A-200 (9/80) (Continuation) 800 Mhz CITYWIDE RADIO SYSTEM: FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS A.) Resolution for RCS Membership Agreement — The Regional Communications System (RCS) is a joint powers agency spanning San Diego and Imperial Counties. The Agency provides the backbone on which the physical radios operate. New members "buy -in" to the existing RCS infrastructure via a one-time buy -in fee. This fee is estimated at $887,714.00. B.) Resolution for RCS Financing Agreement —Our Financial Advisor, Ruben Mendoza, has determined that RCS's own financing offer of 5.65% interest over a seven year loan is the most advantageous to the City. This resolution secures that financing. C.) Resolution for Motorola Equipment Purchase Agreement — Motorola's estimated costs to deliver a turn -key system are estimated at $1.5M. This resolution waives the City's bid process based on section 2.60.220 B of the Municipal Code, which authorizes waiver of the bidding process when the commodity can be obtained from only one source, and authorizes the equipment to be ordered. D.) Resolution for Financing Agreement with Zions' First National Bank — The City's Financial Advisor has recommended that the finanring for the equipment and services to be purchased from Motorola be competitively placed with Utah -based Zions' First National Bank. The form of the financing will be a 10-year lease at a rate of 4.46%. This resolution secures this final piece of the financing. In the interest of time and the complexity of the various transactions it is recommended that the City Manager be authorized to sign all agreements and other documents that are necessary to implement this project without further City Council action. Proposed resolutions have been prepared with this authority. Current total project costs are estimated at approximately $2.4M, however, it is expected that there may need to be minor deviation on the amount as the final radio and parts orders are completed. In addition, some minor contracts with third -party vendors (phone company, equipment suppliers, etc.) will be necessary and will cause a minor change in the total project cost. In addition a "reserve" is often built into leases to function as a contingency and this amount will be set in the coming weeks. If the City Council so wishes, a single motion to adopt all four proposed resolutions by one motion is acceptable. Such a single motion should recite each of the four resolution numbers and its caption phrase as listed above. 800 MHz103104.doc CITY COUNCIL MEETING DATE: NOVEMBER 16TH, 2004 800 MHZ CITYWIDE RADIO SYSTEM; FINAL APPROVALS OF ACQUISITION AND FINANCIAL DOCUMENTS AGREEMENTS STAFF REPORT. In March of this year the Mayor and City Council identified Public Safety as the top policy priority. At that time, problems with current radio system were reviewed and plans to join the Regional Communications System (RCS) were advanced. More than any others, two reasons stand out to immediately move the City from our own private system to the RCS: 1. Hardware components of our 10-year old existing system have begun to fail and the hardware vendor, Motorola, has announced hardware and software support will stop being offered by 2006, at the latest, and; 2. Just as we did strategically with the old financial management software(called the Prime) about 5 years ago — our goal has to be to bring a new system on line before the current one stops functioning. Staff has been working with County of San Diego to provide access for the City of National City to join the San Diego County Regional Communications System (RC). In anticipation of the this approval, staff has been working with County of San Diego's 800 MHz vendor, Motorola Communications and Electronics, to design a radio system with appropriate equipment components which would work best with County of San Diego system and meet the communications needs of the City of National City Police, Fire, Finance, Public Works, Engineering, Planning, Building, and Parks and Recreation Departments. Another important goal of the project is to establish much -needed "interoperability" between the various local and outside agencies; that is to give personnel from different agencies the ability to communicate effectively with each other during joint operations. This project is designed to increase the overall effectiveness of very limited personnel resources operating within our own city limits and in a very large geographic area of San Diego County, enabling well coordinated cooperative actions aided by clear , effective mobile communications. What happens if the system is not upgraded? The City will not escape paying for the system replacement and purchasing new user equipment. Motorola estimated that in order to continue using our existing system, replacement costs would be approx $4,000,000.00. There are several reasons why that cost is so high. All the existing stationary equipment would have to be replaced due to its age and non -availability of parts and software. Relocation of existing antenna to a higher location to provide for proper coverage would be necessary. 1 System cost total to move to RCS: The total cost of joining RCS and upgrading our existing 800 Mhz system would be approx $2.4 million. The San Diego Regional Communications System cost, is divided into two areas; Buy - In and Infrastructure/user equipment. 1. "Buy -in" is the upfront one time cost to become an RCS member; $887,714.00 for the City of National City. 2. "Infrastructure and User equipment" would provide everything necessary for all City users to connect to the RCS - $1.5M a. Repeaters, Channel Banks, Dispatch Center Console Upgrade, Engineering, Installation, Project Management, System Integration, Staging, Freight and Dismantling of old existing equipment. b. Replacing all older analog mobiles, portables and control stations. c. Ongoing annual network operating cost and hardware maintenance: additional $75,000.00 Initial Cost savings of joining the RCS versus upgrading our current system would be approx $1.6 million ($4,000,000.00 less $2,400,000.00) Implementation: Motorola and RCS estimate that a 6-8 month time line would be required to complete the entire project. Since Fire is dispatched through Heartland Dispatch, an estimated January 1, 2004 connect would be possible provided Motorola and RCS purchase and re -program all the radios expeditiously. Additionally, Police will have full RCS capability upon completion of the console and T-1 data line installation estimated to be around April -May 2004 time frame. Financing: Ruben Mendoza recommended financial options: 1.) How a Private Placement Works: In a private Placement an issuer negotiates directly with an investor to fund a specific project. Cost savings are realized because instead of a full blown bond issue with costs for bond attorneys, insurance, ratings, printing, trustee etc..., an issuer and investor work with documents that have already been diligently reviewed by various attorneys and are generally accepted out in the marketplace. Under a private placement terms and structure of a financing are negotiated to best suit both parties. 2.) Motorola Financing versus Institutional Investor: We contacted various financial institutions who we knew were active purchasers and investors of municipal tax-exempt paper. We standardized the Motorola proposal so investors could quote on similar terms and structure. Motorola indicated that their July numbers were stale since so much time had passed so Motorola was given the opportunity to requite their proposal. Below is their final quote compared to the lowest quote received from a financial institution, Zion's First National Bank. 2 A RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE PARTICIPATING AGENCY AGREEMENT FOR THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Regional Communications System Participating Agency Agreement. Said agreement is on file on the Office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A SOLE SOURCE PURCHASE OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, during the purchasing process, it was determined that Motorola, Inc. was the only vendor capable of providing the system necessary to participate in the RCS; and WHEREAS, pursuant to Section 2.60.220B of the Municipal Code, the bid process may be waived when the commodity can be obtained from only one vendor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the bid process and authorizes the Mayor to execute an agreement with Motorola, Inc. for the purchase of an 800 MHz radio system. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN DIEGO TO PAY FOR THE COSTS OF THE CITY'S PARTNERSHIP IN THE SAN DIEGO-IMPERIAL COUNTY REGIONAL COMMUNICATION SYSTEM WHEREAS, the County of San Diego and participating public service and public safety agencies in San Diego and Imperial Counties have entered into a "Regional Communications System Participating Agency Agreement", which provides for the development and operation of a Regional Communications System ("RCS") benefiting the radio communication needs of those public safety and public services agencies; and WHEREAS, the RCS will replace the participating public service and public safety agencies' existing radio communications systems throughout San Diego and Imperial counties with a modem, trunked radio system; and WHEREAS, RCS will include a separate Mobil Data System ("MDS") that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose; and WHEREAS, RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. WHEREAS, in order to obtain full partnership in the RCS, the City must pay for the costs of participating in the existing RCS infrastructure, estimated to be $887,714; and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective way to finance the "buy -in" costs of participating in the RCS is to enter into a contract for the payment of said costs with the County of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a contract with the County of San Diego to pay for the costs of the City's partnership in the San Diego -Imperial County Regional System. Said contract is on file on the Office of the City Clerk. Resolution No. 2004 — November 16, 2004 Page Two APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIXED RATE EQUIPMENT LEASE/PURCHASE AGREEMENT WITH ZIONS FIRST NATIONAL BANK FOR THE ACQUISITION OF AN 800 MHZ CITYWIDE RADIO SYSTEM FROM MOTOROLA, INC. WHEREAS, the purchase of equipment, software, services, supplies and hardware (collectively referred to as "the system") is necessary in order for the City to participate in the 800 MHz San Diego County -Imperial County Regional Communications System ("the RCS"); and WHEREAS, it has been recommended by the City's Financial Advisor that the most advantageous, cost-effective method to finance the acquisition of the system is to enter into a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fixed -Rate Equipment Lease/Purchase Agreement with Zions First National Bank for the acquisition of an 800 MHz citywide radio system from Motorola, Inc. Said agreement is on file in the office of the City Clerk. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney REFER TO AGENDA ITEM # 29 City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 MEETING DATE AGENDA ITEM NO. 28 t ITEM TITLE PREPARED BY EXPLANATION Amended Resolution Approving National City's Application for Grant Funds in the amount of $502,000 for the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 — Proposition 12 Leslie Deese DEPARTMENT Phone: (619) 336-4242 Please see attached Report Community Services Environmental Review X N/A Financial Statement National City will receive $502,000 under the 2000 Per Capita Program. There is no matching requirement for this grant. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A Account No. ATTACHMENTS ( Listed Below) Resolution No. Exhibit 1 — National City Resolution No. 2001-132 dated 9/4/01 and related backup Exhibit 2 — National City Resolution No. 2001-133 dated 9/4/01 and related backup Exhibit 3 — 2002 Resources Bond Act/Per Capita A-200 (9/80) Exhibit 4 — 2002 Resources Bond Act/Roberti Z'Berg-Harris Attachment to A-200 dated 11/16/04: The purpose of this report is to provide information on four resolutions that require City Council approval. Agenda Items 28 and 29 are Resolutions that would amend previously adopted Resolutions from September 2001, which approved National City's application for grant funds totaling $811,055 under Proposition 12. The California Department of Parks and Recreation, which administers the grant, has asked National City to amend these Resolutions because they do not comply with the State's standard Resolution format. Agenda Items 30 and 31 are Resolutions that would approve National City's application to receive $413,327 in grant funds under Proposition 40. Proposition 12: On March 7, 2000, California voters passed Proposition 12, the $2.1 Billion `Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000' which provides funds for local assistance grants to support parks and recreational needs. On September 4, 2001, the City Council adopted Resolutions No.'s 2001-132 (Exhibit 1) and 2001-133 (Exhibit 2), which authorized the City Manager to apply to the State for grant funding under the Proposition 12. As a result, the State has awarded National City three grants: $502,000 under the "Per Capita Grant Program," $161,305 under the "Roberti-Z'Berg-Harris Program," and a "Legislative Grant" for $147,750. As you may recall, the Legislative Grant is in jeopardy of being rescinded by the State Controller's Office. National City has designated these grants, which total $811,055, for Phase One of the Municipal Swimming Pool Renovation Project. Although the State has awarded the funds, before National City receives the, the previously adopted resolutions must be amended for the reason noted above. Proposition 40: On March 5, 2002, California voters passed Proposition 40, the $2.6 Billion "California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002," which, like Proposition 12, provides grants for parks and recreational needs. On July 1, 2003, the State awarded National City two grants under Proposition 40: $256,000 under the 2002 Per Capita Program (Exhibit 3), and $157,327 under the 2002 Roberti-Z'Berg-Harris Program (Exhibit 4), for a total of $413,327. 1 National City hasn't received these funds, however, because the City did not initiate the grant -application process with the State. The proposed resolutions would initiate this process and permit disbursement. After National City receives the grants, staff will ask the City Council to designate a project for the funds. Financial Statement: Proposition 12: National City will receive $502,000 from the 2000 Per Capita Program; $161,305 from the 2000 Roberti-Z'Berg-Harris Program, and $147,750 from a Legislative Grant, for a total of $811,055 in grant funds. There is no local matching requirement for the Per Capita Program; however, under the Roberti-Z'Berg- Harris program there is a local matching requirement of 30% of the allowable project cost, all of which must come from non -state funds. National City's required match is $69,131, which has been budgeted in the 2002 CDBG. Proposition 40: National City will receive $256,000 from the 2002 Per Capita Program and $157,327 from the 2002 Roberti-Z'Berg-Harris Program, for a total of $413,327 in grant funds. There is no matching requirement for either grant. Staff Recommendation: Staff recommends that the City Council: 1) Adopt amended Resolutions to meet the State's requirement that we amend our resolutions to secure funds previously approved under Proposition 12. 2) Adopt Resolutions permitting National City to apply for funds already awarded under Proposition 40. RESOLUTION NO. 2004 — AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $502,000 FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 — PROPOSITION 12 WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds to meet the urgent need for safe, open and accessible local park and recreational facilities for increased recreational opportunities that provide positive alternatives to social problems; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and California; National City WHEREAS, the Applicant will enter into a Contract with the State of NOW THEREFORE, BE IT RESOLVED that the City Council of the City of 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the project(s). superseded. BE IT FURTHER RESOLVED that Resolution No. 2001-132 is hereby Resolution No. 2004 — 220 November 16, 2004 Page Two APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2001 — 132 RESOLUTION OF IHF CITY COUNCIL OF THb CITY OF NATIONAL CITY AUTHORIZING Mb CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE PER CAPITA PROGRAM UNDER THE SAFE NEIGHBORHOODS, PARKS, CLEAN WAilit, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $502,000 in grant funds from the State Per Capita Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the Nationn1 City Municipal Pool. PASSED and ADOPTED this 4t11 day of September, 2001 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. iser, III City Attorney 5 George H. Waters, Mayor EXHIBIT 1 City of National City, California COUNCIL AGENDA STATEMENT _.FETING DATE September 4, 2001 AGENDA ITEM NO. 1 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS OF THE PER CAPITA PROGRAM UNDER THE SAFE NEIGBBORSHOOD, PARRS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PREPARED BY Jim Ruiz DEPARTMENT Parks & Recreation EXPLANATION ,. This grant of $502,000 from the State, is earmarked for the rehabilitation of the pool. As you remember, on June 19, 2001, the City Council received a report on the City Pool Master Plan. The total project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehab project. These funds will be combined with other funding until sufficient money is received to begin work on the pool. ( Environmental Review X NIA Financial Statement Approved By: Finance Di co.. Funds in the amount of $502,000 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD 1 COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-132 A-200 (9:99) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Per Capita Grant Program Allocations City and District Per Capita Allocation City of Citrus Heights $ - City of Elk Grove $ - City of Folsom $ 478,000 City of Galt $ 164,000 City of Isleton $ 32,000 Sacramento $ 2,604,000 Arcade Creek R.P.D. $ 222,000 Arden Manor R.P.D. $ 72,000 Arden Park R.P.D. $ 42,000 Carmichael R.P.D. $ 408,000 Cordova R.P.D. $ 866,000 Elk Grove C.S.D. $ 735,000 Fair Oaks R.P.D. $ 299,000 Fulton -El Camino R.P.D. $ 250,000 Mission Oaks R.P.D. $ 595,000 North Highlands R.P.D. $ 361,000 Orangevale R.P.D. $ 302,000 Rio Linda/Elverta P.R.D. $ 209,000 Southgate R.P.D. $ 816,000 Sunrise R.P.D. $ 1,387,000 .' :.. nx . ,S!] ±. �' Y &'yy'u 4.er. .+5=.�'t�"5.•. City of Hollister $ 191,000 Cit of San Juan Bautista $ 30,000 City of Adelanto $ 141,000 City of Barstow $ - City of Big Bear Lake $ - City of Chino $ 605,000 City of Chino Hills $ 546,000 City of Colton $ 430,000 City of Fontana $ 1,065,000 City of Grand Terrace $ 123,000 City of Hesperia $ - City of Highland $ 403,000 City of Loma Linda $ 202,000 City of Montclair $ 281,000 City of Needles $ 54,000 City of Ontario $ 1,374,000 City of Rancho Cucamonga $ 1,139,000 City of Redlands $ 615,000 City of Rialto $ 759,000 City of San Bernardino $ 1,690,000 City of Twentynine Palms $ 137,000 City of Upland $ 624,000 City of Victorville $ - City of Yucaipa $ 361,000 Town of Apple Valley $ 517,000 Town of Yucca Valley $ 175,000 Barstow R.P.D. $ 299,000 Big Bear Valley P.R.D. $ 136,000 Bloomington P.R.D. $ 137,000 Hesperia P.R.D. $ 639,000 Morongo Valley C.S.D. $ 41,000 Rim of the World R.P.D. $ 272,000 Victorville R.P.D. $ 693,000 Page 6 of 6 City and District Per Capita Al i.....[3 r4b2-N,z4Sr�A c4.s*+ E T9€hLLe*S•'*`'c`�l �! t2`. �Y�y`ti} City of Carlsbad $ 744,000 City of Chula Vista $ 1,581,000 City of Coronado $ 224,000 City of Del Mar $ 49,000 City of El Cajon $ 876,000 City of Encinitas $ 563,000 City of Escondido $ 1,159,000 City of Imperial Beach $ 265,000 City of La Mesa $ 537,000 City of Lemon Grove $ 235,000 City of National City $ 502,000 City of Oceanside $ 1,458,000 City of Poway $ 447,000 City of San Diego, Parks $ 8,216,000 City of San Marcos $ 489,000 City of Santee $ 529,000 City of Solana Beach $ 130,000 City of Vista $ 777,000 Lake Cuyamaca R.P.D. $ 35,000 Valley Center C.S.D. $ 183,000 e saey-,E" %asp- w' 33*q c «JCa tiSF., tt �,�` �-:+=�i� City of San Francisco is 5,156,000 *',',6d�=;'t"`"'y.d.,'i.'ita�ti'R,•fiti.�,.:x..�"'lsaPn'�,.c"w.s�...vry ::.>'d...x .r;... City of Escalon City of Lathrop City of Lodi City of Manteca City of Ripon City of Stockton City of Tracy City of Arroyo Grande City of Atascadero City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo Templeton C.S.D. City of Belmont City of Brisbane City of Burlingame City of Daly City City of East Palo Alto City of Foster City City of Half Moon Bay City of Menlo Park City of Millbrae City of Pacifica City of Redwood City $ 52,000 $ 90,000 $ 525,000 $ 449,000 $ 94,000 $ 1,591,000 $ 492,000 $ 149,000 $ 234,000 $ 116,000 $ 90,000 $ 207,000 $ 78,000 $ 391,000 $ 44,000 $ 237,000 $ 41,000 $ 268,000 $ 949,000 $ 227,000 $ 280,000 $ 103,000 $ 289,000 $ 194,000 $ 372,000 $ 708,000 1 RESOLUTION NO. 2001 - 133 RESOLUTION OF THti CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZINNG 'Mb CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM 1'HE ROBERTI Z' BERG-HARRIS URBAN OPEN SPACE AND ]RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOODS, PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $161,305 in grant funds from the Roberti-Z' Berg -Harris Urban Open Space and Recreation Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSED and ADOPTED this 46 day of September, 2001. A 1Tk1"1: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. , IH City Attorney George H. Waters, Mayor EXHIBIT 2 City of National City, California COUNCIL AGENDA STATEMENT ,MEETING DATE September 4, 2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF rtih CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD, PARRS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PREPARED BY Jim Ruiz EXPLANATION This grant of $161,305 from the State, is earmarked for the rehabilitaiion of the pool. As you remember, on June 19, 2001, the City Council received a report on the City Pool Master Plan. The total.project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehabilitation project. These funds will be combined with other funding until sufficient money is received to begin work an the pool. DEPARTMENT Parks & Recreation J ( Environmental Review X NIA ci Financial Statement Approved By: Finance Director Funds in the amount of $161,305 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION \! Approve ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-133 2 A-200 (9.99) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Roberti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations City and District Block Grant Allocations for the RZH Urbanized and Heavily Urbanized Grant Programs. Urbanized and Heavil Urbanized Grant Pro rams I~' t \ \' .m".. .ua4 x u.;eJ.. ,r^; iP+('s„. ��,.,.;"^Y"''��'�>y ldq. h'yR3,.a#•��.ee�ti City of Rocklin $ 102,635 City of Roseville $ 216,044 City of Calimesa $ 22,565 City of Cathedral City $ 112,535 City of Coachella $ 53,691 City of Corona $ 358,132 City of Hemet $ 127,996 City of Indian Wells $ 8,292 City of Indio $ 106,450 City of La Quinta $ 56,486 City of Moreno Valley $ 411,415 City of Norco $ 75,411 City of Palm Desert $ 109,623 City. of Palm Springs $ 126,656 City of Rancho Mirage $ 34,794 City of Riverside $ 756,153 City of San Jacinto $ 7,599 Coachella Valley R.P.D. $ 236,772 Jurupa Area R.P.D. $ 232,675 Valley Wide R.P.D. $ 265,876 City of Citrus Heights $ - City of Elk Grove $ 204,179 City of Folsom $ 153,443 Sacramento $ 1,881,518 Arcade Creek R.P.D. $ 71,245 Arden Manor R.P.D. $ 23,293 Arden Park R.P.D. $ 13,484 Carmichael R.P.D. $ 131,024 Cordova R.P.D. $ 278,064 Fair Oaks R.P.D. $ 96,084 Fulton -El Camino R.P.D. $ 80,248 Mission Oaks R.P.D. $ 190,861 North Highlands R.P.D. $ 116,072 Orangevale R.P.D. $ 96,719 Rio Linda/Elverta P.R.D. $ 66,968 Southgate R.P.D. $ 262,047 Sunrise R.P.D. $ 445,481 City and District Block Grant Allocations for the RZH City of Chino $ 194,206 City of Chino Hills $ 175,281 City of Colton $ 137,866 City of Fontana $ 341,826 City of Grand Terrace $ 39,453 City of Hesperia $ - City of Highland $ 129,422 City of Loma Linda $ 64,930 City of Montclair $ 90,115 City of Ontario $ 441,113 City of Rancho Cucamonga City of Redlands City of Rialto City of San Bernardino City of Upland $ 365,702 $ 197,409 $ 243,704 $ 542,729 $ 200,321 City of Victorville City of Yucaipa Town of Apple Valley $ 116,029 $ 165,963 Bloomington P.R.D. $ 44,012 Hesperia P.R.D. Victorville R.P.D. $ 185,180 $ 222,470 City of Carlsbad City of Chula Vista City of Coronado City of Del Mar $ 238,754 $ 507,499 $ 71,772 $ 15,723 City of El Cajon City of Encinitas City of Escondido City of Imperial Beach City of La Mesa City of Lemon Grove City of National City City of Oceanside $ 281,264 $ 180,813 $ 372,107 $ 85,020 $ 172,369 $ 75,557 $ 161,305 $ 468,191 City of Poway City of San Diego City of San Marcos City of Santee City of Solana Beach City of Vista $ 143,544 $ 5,936,697 $ 156,937 $ 169,749 $ 41,782 $ 249,527 4- Page 5 of 5 Page 1 of 1 Details Program: Per Capita Sub Program Name: 2002 Resources Bond Act - 2002 Bond Act Per Capita Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr. Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $256,000 7/1/2003 Recipient to Specify Projects in Future Proposition_40 PRC 5096.610(b) PRC 5096.620(a), PRC.5096.621(a) Per capita grants to cities and districts htto://www.oarks.ca.govidefault.aso? page (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacramentc Fund Managing Entity Entity Name: City of I Note: PRC under Bond Section and Subsections stands fo' Resources Code,' part of the 'California Code.' resol . c s EXETIBIT 3 http://4050bonds.resources.ca.gov/Proj ectDetail.asp?RecordlD=4568 8 10/30/2004 Page 1 of 1 Details Program: Roberti-Z'Berg-Harris Sub Program Name: 2002 Resources Bond Act - Roberti-Z'Berg-Harris - Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr: Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $157,327 7/1/2003 Recipient to Specify Projects in Future proposition40 PRC 5096.610(b) PRC 5096.620(b), PRC 5628 RZH: Block htto://www.parks.ca.goWdefault.asp? page_id=1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacramentc Fund Managing Entity Entity Name: City of i` Note: PRC under Bond Section and Subsections stands fol Resources Code,' part of the 'California Code.' EXHIBIT 4 http://4050bonds.resources.ca.gov/Proj ectDetail. asp?RecordID=45501 10/30/2004 REFER TO AGENDA ITEM 4,28 City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 MEETING DATE AGENDA ITEM NO. 29 ITEM TITLE PREPARED BY EXPLANATION Amended Resolution Approving National City's Application for Grant Funds in the amount of $161,305 for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 — Proposition 12 Leslie Deese= ^).„ DEPARTMENT Phone: (619) 336-4242 Please see attached Report Community Services Environmental Review Financial Statement National City will receive $161,305 under the 2000 Roberti-Z'Berg-Harris Program. National City's local matching requirement under this program is $69,131, which has been funded in the 2002 CDBG budget. Account No. X N!A STAFF RECOMMENDATION Approve the Resolution BOARD f COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ( Resolution No. Exhibit 1 — National City Resolution No. 2001-132 dated 9/4/01 and related backup Exhibit 2 — National City Resolution No. 2001-133 dated 9/4/01 and related backup Exhibit 3 — 2002 Resources Bond Act/Per Capita A-200 (9/80 Attachment to A-200 dated 11/16/04: The purpose of this report is to provide information on four resolutions that require City Council approval. Agenda Items 28 and 29 are Resolutions that would amend previously adopted Resolutions from September 2001, which approved National City's application for grant funds totaling $811,055 under Proposition 12. The California Department of Parks and Recreation, which administers the grant, has asked National City to amend these Resolutions because they do not comply with the State's standard Resolution format. Agenda Items 30 and 31 are Resolutions that would approve National City's application to receive $413,327 in grant funds under Proposition 40. Proposition 12: On March 7, 2000, California voters passed Proposition 12, the $2.1 Billion 'Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000' which provides funds for local assistance grants to support parks and recreational needs. On September 4, 2001, the City Council adopted Resolutions No.'s 2001-132 (Exhibit 1) and 2001-133 (Exhibit 2), which authorized the City Manager to apply to the State for grant funding under the Proposition 12. As a result, the State has awarded National City three grants: $502,000 under the "Per Capita Grant Program," $161,305 under the "Roberti-Z'Berg-Harris Program," and a "Legislative Grant" for $147,750. As you may recall, the Legislative Grant is in jeopardy of being rescinded by the State Controller's Office. National City has designated these grants, which total $811,055, for Phase One of the Municipal Swimming Pool Renovation Project. Although the State has awarded the funds, before National City receives the, the previously adopted resolutions must be amended for the reason noted above. Proposition 40: On March 5, 2002, California voters passed Proposition 40, the $2.6 Billion "California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002," which, like Proposition 12, provides grants for parks and recreational needs. On July 1, 2003, the State awarded National City two grants under Proposition 40: $256,000 under the 2002 Per Capita Program (Exhibit 3), and $157,327 under the 2002 Roberti-Z'Berg-Harris Program (Exhibit 4), for a total of $413,327. 1 National City hasn't received these funds, however, because the City did not initiate the grant -application process with the State. The proposed resolutions would initiate this process and permit disbursement. After National City receives the grants, staff will ask the City Council to designate a project for the funds. Financial Statement: Proposition 12: National City will receive $502,000 from the 2000 Per Capita Program; $161,305 from the 2000 Roberti-Z'Berg-Harris Program, and $147,750 from a Legislative Grant, for a total of $811,055 in grant funds. There is no local matching requirement for the Per Capita Program; however, under the Roberti-Z'Berg- Harris program there is a local matching requirement of 30% of the allowable project cost, all of which must come from non -state funds. National City's required match is $69,131, which has been budgeted in the 2002 CDBG. Proposition 40: National City will receive $256,000 from the 2002 Per Capita Program and $157,327 from the 2002 Roberti-Z'Berg-Harris Program, for a total of $413,327 in grant funds. There is no matching requirement for either grant. Staff Recommendation: Staff recommends that the City Council: 1) Adopt amended Resolutions to meet the State's requirement that we amend our resolutions to secure funds previously approved under Proposition 12. 2) Adopt Resolutions permitting National City to apply for funds already awarded under Proposition 40. RESOLUTION NO. 2004 — AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $161,305 FOR THE ROBERTI-Z/BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 — PROPOSITION 12 WHEREAS, the people of the State of California have enacted the Safe Neighborhood Parks, Clean Water, Clean Air, and Costal Protection Bond Act of 2000 which provides funds for the Roberti-Z'Berg-Harris Open Space and Recreation Program; and WHEREAS, the Legislature of the State of California has enacted the Roberti- Z'Berg-Harris Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of Califomia for acquiring lands and for developing facilities to meet urban recreational needs; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the Califomia Department of Parks and Recreation require the Applicant's Goveming Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of Califomia; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and Resolution No. 2004 — November 16, 2004 Page Two 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the project(s). BE IT FURTHER RESOLVED that Resolution No. 2001-133 is hereby superseded. APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2001— 132 RESOLUTION OF TF1h CITY COUNCIL OF fifth CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE PER CAPITA PROGRAM UNDER Hit SAFE NEIGHBORHOODS, PARKS, CLEAN WA MK, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $502,000 in grant funds from the State Per Capita Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSED and ADOPTED this 4th day of September, 2001 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Biser, III City Attorney George H. Waters, Mayor EXHIBIT 1. City of National City, California COUNCIL AGENDA STATEMENT J.iEETING DATE September 4, 2001 AGENDA ITEM NO. 1 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING lHt. APPLICATION FOR GRANT FUNDS OF THE PER CAPITA PROGRAM UNDER nit SAFE NEIGHBORSHOOD, PARKS, CLEAN WATER,CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. ' PREPARED BY Jim Ruiz 7-U(, DEPARTMENT Parks & Recreation EXPLANATION This grant of $502,000 from the State, is earmarked for the rehabilitation of the pool. As you remember, on June 19, 2001, the City Council received a report on. the City Pool Master Plan. The total project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehab project. These funds will be combined with other funding until sufficient money is received to begin work on the pool. Environmental Review X N/A Financial Statement Approved By: Finance Director Funds in the amount of $502,000 to be received from this grant for the rehabilitation. of the pool. Account No. STAFF RECOMMENDATION Approve BOARD/COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below) Resolution Resolution No. 2001-132 A-200 (9:99) iMorongo Valley C.S.D The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Per Capita Grant Program Allocations Ci and District Per Ca i ita Allocations City of Citrus Heights City of Elk Grove City of Folsom City of Galt City of Isleton Sacramento Arcade Creek R.P.D Arden Manor R.P.D. Arden Park R.P.D. Carmichael R.P.D Cordova R.P.D. Elk Grove C.S.D. Fair Oaks R.P.D. Fulton -El Camino R.P.D. Mission Oaks R.P.D. North Highlands R.P.D. Orangevale R.P.D. Rio Linda/Elverta P.R.D. Southgate R.P.D. Sunrise R.P.D. $ 478,000 $ 164,000 $ 32,000 $ 2,604,000 $ 222,000 $ 72,000 $ 42,000 $ 408,000 $ 866,000 Ci • and District Per Ca i ita Allocations City of Carlsbad City of Chula Vista City of Coronado City of Del Mar City of El Cajon City of Encinitas City of Escondido City of Imperial Beach City of La Mesa City of Lemon Grove $ 735,000 ---'1 City of National City $ 299,000 City of Oceanside $ 250,000 City of Poway $ 595,000 $ 361,000 $ 302,000 $ 209,000 $ 816,000 $ 1,387,000 City of Hollister City of San Juan Bautista 191,000 $ 30,000 City of Adelanto City of Barstow City of Big Bear Lake City of Chino City of Chino Hills City of Colton City of Fontana City of Grand Terrace City of Hesperia City of Highland City of Loma Linda City of Montclair City of Needles City of Ontario City of Rancho Cucamonga City of Redlands City of Rialto City of San Bernardino City of Twentynine Palms City of Upland City of Victorville City of Yucaipa Town of Apple Valley Town of Yucca Valley Barstow R.P.D. Biq Bear Valley P.R.D Bloomington P.R.D Hesperia P.R.D. Rim of the World R.P.D. Victorville R.P.D. Page 6 of 6 141 000 $ 605,000 $ 546,000 $ 430,000 $ 1,065,000 $ 123,000 $ 403,000 $ 202,000 $ 281,000 $ 54,000 $ 1,374,000 $ 1,139,000 $ 615.000 $ 759,000 $ 1,690,000 $ 137,000 $ 624,000 $ 361,000 $ 517.000 $ 175,000 $ 299,000 $ 136,000 $ 137,000 $ 639,000 $ 41,000 $ 272,000 $ 693,000 City of San Diego, Parks City of San Marcos City of Santee City of Solana Beach City of Vista Lake Cuyamaca R.P.D. Valley Center C.S.D. City of San Francisco $ 744,000 $ 1,581,000 $ 224,000 49,000 $ 876,000 $ 563,000 $ 1,159,000 $ 265,000 $ 537,000 $ 235,000 502,000 (-- 1,458,000 447,000 8,216,000 489,000 529,000 130,000 777,000 35,000 183,000 $ 5,156,000 City of Escalon City of Lathrop City of Lodi City of Manteca City of Ripon City of Stockton City of Trac City of Arroyo Grande City of Atascadero City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo Templeton C.S.D. City of Belmont City of Brisbane City of Burlingame City of Daly City City of East Palo Alto City of Foster City City of Half Moon Bay City of Menlo Park City of Millbrae City of Pacifica City of Redwood City 52,000 $ 90,000 $ 525,000 $ 449,000 $ 94,000 $ 1,591,000 $ 492,000 149,000 $ 234,000 $ 116,000 $ 90,000 $ 207,000 $ 78,000 $ 391,000 $ 44,000 237,000 $ 41,000 $ 268,000 $ 949,000 $ 227,000 $ 280,000 $ 103,000 $ 289,000 $ 194,000 $ 372,000 $ 708,000 1 RESOLUTION NO_ 2001 - 133 RESOLUTION OF Tab CITY COUNCIL OF 1'tih CITY OF NATIONAL CITY AUTHORIZING 17ih CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE ROBERTI-Z' BERG-HARRIS URBAN OPEN SPACE AND }RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOODS, PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $161,305 in grant funds from the Roberti-Z' Berg Harris Urban Open Space and Recreation Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be ns'd for rehabilitation of the National City Municipal Pool. PASSED and ADOPTED this 46 day of September, 2001. Al T: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor EXHIBIT 2 City of National City, California COUNCIL AGENDA STATEMENT --.tEETING DATE September 4, 2001 AGENDA ITEM NO.. 2 / ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF ihh CITY OF NATIONAL CITY APPROVING ath APPLICATION FOR GRANT FUNDS FROM THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD, PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT .OF 2000. PREPARED BY Jim Ruiz EXPLANATION DEPARTMENT Parks & Recreation This grant of $161,305 from the State, is earmarked for the rehabilitaiton of the pool. As you remember, on June 19, 2001, the City Council received a report on the City Pool Master Plan. The total.project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehabilitation project. These funds willbe combined with other funding until sufficient money is -received to begin work an the pool. Environmental Review X NIA Financial Statement Approved By: Finance Director Funds in the amount of $161,305 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve • ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-133 A-200 (9!99) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Roberti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations City and District Block Grant Allocations for the RZH City and District Block Grant Allocations for the RZH Urbanized and Heavil Urbanized Grant Pro ' rams. City of Rocklin City of Roseville City of Calimesa City of Cathedral City City of Coachella City of Corona City of Hemet City of Indian Wells City of Indio City of La Quinta City of Moreno Valley City of Norco City of Palm Desert City of Palm Springs City of Rancho Mirage City of Riverside City of San Jacinto Coachella Valley R.P.D. Jurupa Area R.P.D. Valley Wide R.P.D. City of Citrus Heights City of Elk Grove City of Folsom Sacramento Arcade Creek R.P.D. Arden Manor R.P.D. Arden Park R.P.D. Carmichael R.P.D. Cordova R.P.D. Fair Oaks R.P.D. Fulton -El Camino R.P.D. Mission Oaks R.P.D. North Highlands R.P.D. Orangevale R.P.D. Rio Linda/Elverta P.R.D. Southgate R.P.D. Sunrise R.P.D. 216,044 22,565 112,535 53,691. 358,132 127,996 8,292 106,450 56,486 411,415 75,411 109,623 126,656 34,794 756,153 7,599 236,772 232,675 265,876 $ 204,179 $ 153,443 $ 1,881,518 $ 71,245 $ 23,293 $ 13,484 $ 131,024 $ 278,064 $ 96,084 $ 80,248 $ 190,861 $ 116,072 $ 96,719 $ 66,968 $ 262,047 $ 445,481 Urbanized and Heavily Urbanized Grant Programs. ...exv...vm r3Fm..xTw:�.r'xiia�wn..esx..«.1� City of Chino $ 194,206 City of Chino Hills $ 175,281 City of Colton $ 137,866 City of Fontana $ 341,826 City of Grand Terrace $ 39,453 City of Hesperia $ - City of Highland $ 129,422 City of Loma Linda $ 64,930 City of Montclair $ 90,115 City of Ontario $ 441,113 City of Rancho Cucamonga $ 365,702 City of Redlands $ 197,409 City of Rialto $ 243,704 City of San Bernardino $ 542,729 City of Upland $ 200,321 City of Victorville $ - City of Yucaipa $ 116,029 Town of Apple Valley $ 165,963 Bloomington P.R.D. $ 44,012 Hesperia P.R.D. $ 185,180 Victorville R.P.D. $ 222,470 City of Carlsbad $ 238,754 City of Chula Vista $ 507,499 City of Coronado $ 71,772 City of Del Mar $ 15,723 City of El Cajon $ 281,264 City of Encinitas $ 180,813 City of Escondido $ 372,107 City of Imperial Beach $ 85,020 City of La Mesa $ 172,369 City of Lemon Grove $ 75,557 $ 161,305 City of National City City of Oceanside $ 468,191 City of Poway $ 143,544 City of San Diego $ 5,936,697 City of San Marcos $ 156,937 City of Santee $ 169,749 City of Solana Beach $ 41,782 City of Vista $ 249,527 Page 5 of 5 r Page 1 of 1 Details Program: Per Capita Sub Program Name: 2002 Resources Bond Act - 2002 Bond Act Per Capita Click on the Bond Name or Informational Website for more information about those items, Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr: Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $256,000 7/1/2003 Recipient to Specify Projects in Future Proposition 40 PRC 5096.610(b) PRC 5096.620(a), PRC 5096.621(a) Per capita grants to cities and districts http://www.parks.ca.govklefaultaso? page id=1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Department of Parks and Address: 1416 9th Street, Sacraments Fund Managing Entity Entity Name: City of N Note: PRC under Bond Section and Subsections stands foi Resources Code,' part of the 'California Code.' EXHIBIT 3 http: //405 0bonds.resources. ca. gov/Pro j ectDetail. asp?RecordID=456 8 8 10/30/2004 Page 1 of 1 Details Program: Roberti-Z'Berg-Harris Sub Program Name: 2002 Resources Bond Act - Roberti-Z'Berg-Harris - Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr: Informational Website: $157,327 7/1 /2003 Recipient to Specify Projects in Future Proposition 40 PRC 5096.610(b) PRC 5096.620(b), PRC 5628 RZH: Block http://www.parks.ca.gov/default.aso? page id=1 D08. Public Contact Phone: Program City: Program County: Program Zip Code: (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacraments Fund Managing Entity Entity Name: City of t\ Note: PRC under Bond Section and Subsections stands foi Resources Code,' part of the 'California Code.' EXHIBIT 4 l� http ://405 0bonds.resources. ca. gov/Proj ectDetail. asp?RecordlD=45 5 01 10/30/2004 REFER TO AGENDA ITEM # 31 City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 MEETING DATE 30 AGENDA ITEM NO. ITEM TITLE Resolution Approving National City's Application for Grant Funds in the amount of $256,000 for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 — Proposition 40 PREPARED T Leslie Deese DEPARTMENT e� Community Services EXPLANATION Phone: (619) 336-4242 Please see attached Report (-Environmental Review X N/A Financial Statement National City will receive $256,000 under the 2002 Per Capita Program. There is no matching requirement for this grant. Account No. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Resolution Noi Exhibit 1 — National City Resolution No. 2001-132 dated 9/4/01 and related backup Exhibit 2 — National City Resolution No. 2001-133 dated 9/4/01 and related backup Exhibit 3 — 2002 Resources Bond Act/Per Capita Exhibit 4 — 2002 Resources Bond Act/Roberti-Z'Berg-Harris A-200 (9/80) Attachment to A-200 dated 11/16/04: The purpose of this report is to provide information on four resolutions that require City Council approval. Agenda Items 28 and 29 are Resolutions that would amend previously adopted Resolutions from September 2001, which approved National City's application for grant funds totaling $811,055 under Proposition 12. The California Department of Parks and Recreation, which administers the grant, has asked National City to amend these Resolutions because they do not comply with the State's standard Resolution format. Agenda Items 30 and 31 are Resolutions that would approve National City's application to receive $413,327 in grant funds under Proposition 40. Proposition 12: On March 7, 2000, California voters passed Proposition 12, the $2.1 Billion `Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000' which provides funds for local assistance grants to support parks and recreational needs. On September 4, 2001, the City Council adopted Resolutions No.'s 2001-132 (Exhibit 1) and 2001-133 (Exhibit 2), which authorized the City Manager to apply to the State for grant funding under the Proposition 12. As a result, the State has awarded National City three grants: $502,000 under the "Per Capita Grant Program," $161,305 under the "Roberti-Z'Berg-Harris Program," and a "Legislative Grant" for $147,750. As you may recall, the Legislative Grant is in jeopardy of being rescinded by the State Controller's Office. National City has designated these grants, which total $811,055, for Phase One of the Municipal Swimming Pool Renovation Project. Although the State has awarded the funds, before National City receives the, the previously adopted resolutions must be amended for the reason noted above. Proposition 40: On March 5, 2002, California voters passed Proposition 40, the $2.6 Billion "California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002," which, like Proposition 12, provides grants for parks and recreational needs. On July 1, 2003, the State awarded National City two grants under Proposition 40: $256,000 under the 2002 Per Capita Program (Exhibit 3), and $157,327 under the 2002 Roberti-Z'Berg-Harris Program (Exhibit 4), for a total of $413,327. 1 National City hasn't received these funds, however, because the City did not initiate the grant -application process with the State. The proposed resolutions would initiate this process and permit disbursement. After National City receives the grants, staff will ask the City Council to designate a project for the funds. Financial Statement: Proposition 12: National City will receive $502,000 from the 2000 Per Capita Program; $161,305 from the 2000 Roberti-Z'Berg-Harris Program, and $147,750 from a Legislative Grant, for a total of $811,055 in grant funds. There is no local matching requirement for the Per Capita Program; however, under the Roberti-Z'Berg- Harris program there is a local matching requirement of 30% of the allowable project cost, all of which must come from non -state funds. National City's required match is $69,131, which has been budgeted in the 2002 CDBG. Proposition 40: National City will receive $256,000 from the 2002 Per Capita Program and $157,327 from the 2002 Roberti-Z'Berg-Harris Program, for a total of $413,327 in grant funds. There is no matching requirement for either grant. Staff Recommendation: Staff recommends that the City Council: 1) Adopt amended Resolutions to meet the State's requirement that we amend our resolutions to secure funds previously approved under Proposition 12. 2) Adopt Resolutions permitting National City to apply for funds already awarded under Proposition 40. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $256,000 FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 — PROPOSITION 40 WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the Califomia Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for the completion of the Project(s). APPROVED and ADOPTED this 16th day of November 2004. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 3 RESOLUTION NO. 2001— 132 RESOLUTION OF 1'iih CITY COUNCIL OF nie. CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE PER CAPITA PROGRAM UNDER nth SAFE NEIGHBORHOODS, PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $502,000 in grant funds from the State Per Capita Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSED and ADOY1 k.) this 4th day of Scptember, 2001 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor EXHIBIT •1 City of National City, California COUNCIL AGENDA STATEMENT _.1EETING DATE September 4, 2001 AGENDA ITEM NO. 1 (ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS OF THE PER CAPITA PROGRAM UNDER THE SAFE NEIGHBORSHOOD, PARKS, CLEAN WATER,CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PREPARED BY Jim RuizDEPARTMENT Parks & Recreation EXPLANATION This grant of $502,000 from the State, is earmarked for the rehabilitation of the pool. As you remember, on June 19, 2001, the City Council received a report on. the City Pool Master Plan. The total project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehab project. These funds will be combined with other funding until sufficient money is received to begin work on the pool. J Environmental Review X N/A Financial Statement Approved By: Fawns Director Funds in the amount of $502,000 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD/COMMISSION RECOMMENDATION Approve ATTACHMENTS (Liisted Below) Resolution Resolution No. 2001-132 A-200 (9,99) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Per Capita Grant Program Allocations City and District Per Ca u ita Allocations sty City of Citrus Heights City of Elk Grove City of Folsom $ 478,000 City of Galt City of Isleton $ 164,000 $ 32,000 Sacramento Arcade Creek R.P.D. $ 2,604,000 $ 222,000 Arden Manor R.P.D. 72 Arden Park R.P.D. $ 42,000 Carmichael R.P.D. $ 408,000 Cordova R.P.D. $ 866,000 Elk Grove C.S.D. $ 735,000 Fair Oaks R.P.D. $ 299,000 Fulton -El Camino R.P.D. $ 250,000 Mission Oaks R.P.D. $ 595,000 North Highlands R.P.D. $ 361,000 Orangevale R.P.D. $ 302,000 Rio Linda/Elverta P.R.D. $ 209,000 Southgate R.P.D. $ 816,000 Sunrise R.P.D. $ 1,387,000 City of Hollister $ 191,000 Cit of San Juan Bautista $ 30,000 City of Adelanto $ 141,000 City of Barstow $ _ City of Big Bear Lake $ - City of Chino $ 605,000 City of Chino Hills $ 546,000 City of Colton $ 430,000 City of Fontana $ 1,065,000 City of Grand Terrace $ 123,000 City of Hesperia $ - City of Highland $ 403,000 City of Lorna Linda $ 202,000 City of Montclair $ 281,000 City of Needles $ 54,000 City of Ontario $ 1,374,000 City of Rancho Cucamonga $ 1,139,000 City of Redlands $ 615,000 City of Rialto $ 759,000 City of San Bernardino $ 1,690,000 City of Twentynine Palms $ 137,000 City of Upland $ 624,000 City of Victorville $ - City of Yucaipa $ 361,000 Town'ofApple Valley $ 517,000 Town of Yucca Valley $ 175,000 Barstow R.P.D. $ 299,000 Big -Bear Valley P.R.D. $ 136,000 Bloomington P.R.D. $ 137,000 Hesperia P.R.D. $ 639,000 Morongo Valley C.S.D. $ 41,000 Rim of the World R.P.D. $ 272,000 Victorville R.P.D. $ 693,000 City and District Per Capita Allocations 'ym`I"i T�;9;ss ��.v���a_ _-w -• ink, - City of Carlsbad $ 744,000 City of Chula Vista $ 1,581,000 City of Coronado $ 224,000 City of Del Mar $ 49,000 City of El Cajon $ 876,000 City of Encinitas $ 563,000 City of Escondido $ 1,159,000 City of Imperial Beach $ 265,000 City of La Mesa $ 537,000 City of Lemon Grove $ 235,000 City of National City $ 502,000 City of Oceanside $ 1,458,000 City of Poway $ 447,000 City of San Diego, Parks $ 8,216,000 City of San Marcos $ 489,000 City of Santee $ 529,000 City of Solana Beach $ 130,000 City of Vista $ 777,000 Lake Cuyamaca R.P.D. $ 35,000 Valley Center C.S.D. $ 183,000 City of San Francisco $ 5,156,000 City of Escalon City of Lathrop City of Lodi City of Manteca City of Ripon City of Stockton City of Tracy $ 52,000 $ 90,000 $ 525,000 $ 449,000 $ 94,000 $ 1,591,000 $ 492,000 City of Arroyo Grande City of Atascadero City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of San Luis Obispo Templeton C.S.D. City of Belmont City of Brisbane City of Burlingame. City of Daly City City of East Palo Alto City of Foster City City of Half Moon Bay City of Menlo Park City of Millbrae City of Pacifica City of Redwood City $ 149,000 $ 234,000 $ 116,000 $ 90,000 $ 207,000 $ 78,000 $ 391,000 44,000 $ 237,000 $ 41,000 $ 268,000 $ 949,000 $ 227,000 $ 280,000 $ 103,000 $ 289,000 $ 194,000 $ 372,000 $ 708,000 Page 6 of 6 RESOLUTION NO. 2001 - 133 RESOLUTION OF THE CITY COUNCIL OF 1HE CITY OF NATIONAL CITY AUTHORIZING nth C1TY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM 1'1:tu ROBERTI-Z' BERG-HARRIS URBAN OPEN SPACE AND JRECREATION PROGRAM UNDER THE SAFE NEIGHBORHOODS, PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $161,305 in grant funds from the Roberti-Z' Berg -Harris Urban Open Space and Recreation Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSED and ADOPTED this 4° day. of September, 2001. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: City Attorney George H. Waters, Mayor EXHIBIT 2 7 City of National City, California COUNCIL AGENDA STATEMENT .44EET1NG DATE September 4, 2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF lht, CITY OF NATIONAL CITY APPROVING Ilt . APPLICATION FOR GRANT FUNDS FROM THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD, PARRS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PREPARED BY Jim Ruiz EXPLANATION This grant of $161,305 from the State, is earmarked for the rehabilitatton of the pool. As you remember, on June 19, 2001, the City Council received a report on the City Pool Master Plan. The total -project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehabilitation project. These funds will be combined with other funding until sufficient money is received to begin work can the pool. DEPARTMENT Parks & Recreation Environrnental Review X NIA Financial Statement Approved By: Finance Director Funds in the amount of $161,305 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION �Approve ATTACHMENTS ( Listed Below) Resolution No. 2001-133 Resolution A-200 (9:99) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Roberti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations City and District Block Grant AIlocations for the RZH City and District Block Grant Allocations for the RZH Urbanized and Heavily Urbanized Grant Programs. City of Rocklin $ 102,635 City of Roseville $g__� 216,044 City of Calimesa $ 22,565 City of Cathedral City $ 112,535 City of Coachella $ 53,691 City of Corona $ 358,132 City of Hemet $ 127,996 City of Indian Wells $ 8,292 City of Indio $ 106,450 City of La Quinta $ 56,486 City of Moreno Valley $ 411,415 City of Norco $ 75,411 City of Palm Desert $ 109,623 City of Palm Springs $ 126,656 City of Rancho Mirage $ 34,794 City of Riverside $ 756,153 City of San Jacinto $ 7,599 Coachella Valley R.P.D. $ 236,772 Jurupa Area R.P.D. $ 232,675 Valle Wide R.P.D. $ 265,876 City of Citrus Heights $ - City of Elk Grove $ 204,179 City of Folsom $ 153,443 Sacramento $ 1,881,518 Arcade Creek R.P.D. $ 71,245 Arden Manor R.P.D. $ 23,293 Arden Park R.P.D. $ 13,484 Carmichael R.P.D. $ 131,024 Cordova R.P.D. $ 278,064 Fair Oaks R.P.D. $ 96,084 Fulton -El Camino R.P.D. $ 80,248 Mission Oaks R.P.D. $ 190,861 North Highlands R.P.D. $ 116,072 Orangevale R.P.D. $ 96,719 Rio Linda/Elverta P.R.D. $ 66,968 Southgate R.P.D. $ 262,047 Sunrise R.P.D. $ 445,481 Urbanized and Heavily Urbanized Grant Programs. City of Chino $ 194,206 City of Chino Hills $ 175,281 City of Colton $ 137,866 City of Fontana $ 341,826 City of Grand Terrace $ 39,453 City of Hesperia $ - City of Highland $ 129,422 City of Loma Linda $ 64,930 City of Montclair $ 90,115 City of Ontario $ 441,113 City of Rancho Cucamonga $ 365,702 City of Redlands $ 197,409 City of Rialto $ 243,704 City of San Bernardino $ 542,729 City of Upland $ 200,321 City of Victorvilie $ - City of Yucaipa $ 116,029 Town of Apple Valley $ 165,963 Bloomington P.R.D. $ 44,012 Hesperia P.R.D. $ 185,180 Victorville R.P.D. $ 222,470 City of Carlsbad $ 238,754 City of Chula Vista $ 507,499 City of Coronado $ 71,772 City of Del Mar $ 15,723 City of El Cajon $ 281,264 City of Encinitas $ 180,813 City of Escondido $ 372,107 City of Imperial Beach $ 85,020 City of La Mesa $ 172,369 City of Lemon Grove $ 75,557 City of National City $ 161,305 City of Oceanside $ 468,191 City of Poway $ 143,544 City of San Diego $ 5,936,697 City of San Marcos $ 156,937 City of Santee $ 169,749 City of Solana Beach $ 41,782 City of Vista $ 249,527 Page 5 of 5 Page 1 of 1 Details Program: Per Capita Sub Program Name: 2002 Resources Bond Act - 2002 Bond Act Per Capita Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr. Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $256,000 7/1/2003 Recipient to Specify Projects in Future Proposition 40 PRC 5096.610(b) PRC 5096.620(a), PRC 5096.621(a) Per capita grants to cities and districts http://www.parks.ca.goWdefault.aso? page id=1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacraments Fund Managing Entity Entity Name: City of h Note: PRC under Bond Section and Subsections stands fa Resources Code,' part of the 'California Code.' EXHIBIT 3 /0 http: //405 0bonds.res ounces. ca. gov/Proj ectDetai 1. asp?RecordlD=4568 8 10/30/2004 Page 1 of 1 Details Program: Roberti-Z'Berg-Harris Sub Program Name: 2002 Resources Bond Act - Roberti-Z'Berg-Harris - Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr. Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $157,327 7/1/2003 Recipient to Specify Projects in Future Proposition 40 PRC 5096.610(b) PRC 5096.620(b), PRC 5628 RZH: Block http://www.parks.ca.ciov/clefault.asp? page_id=1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacramentc Fund Managing Entity Entity Name: City of t\ Note: PRC under Bond Section and Subsections stands fa Resources Code,' part of the 'California Code.' EXHIBIT 4 http://4050bonds.resources. ca.gov/Proj ectDetail. asp?RecordID=45501 10/30/2004 REFER TO AGENDA ITEM # 30 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 31 AGENDA ITEM NO. ITEM TITLE PREPARED BY EXPLANATION Resolution Approving National City's Application for Grant Funds in the amount of $157,327 for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 — Proposition 40 Leslie Deese DEPARTMENT Phone: (619) 336-4242 Please see attached Report Community Services Environmental Review X NIA Financial Statement National City will receive $157,327 under the 2002 Roberti-Z'Berg-Harris Program. There is no matching requirement for this grant. Account No. STAFF RECOMMENDATION Approve the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Exhibit 1 — National City Resolution No. 2001-132 dated 9/4/01 Exhibit 2 — National City Resolution No. 2001-133 dated 9/4/01 Exhibit 3 — 2002 Resources Bond Act/Per Capita a -zoo (siao)E ibit-4 m 200Res ources Act/Roberti-Z'Berg-Harris Resolution No. Attachment to A-200 dated 11/16/04: The purpose of this report is to provide information on four resolutions that require City Council approval. Agenda Items 28 and 29 are Resolutions that would amend previously adopted Resolutions from September 2001, which approved National City's application for grant funds totaling $811,055 under Proposition 12. The California Department of Parks and Recreation, which administers the grant, has asked National City to amend these Resolutions because they do not comply with the State's standard Resolution format. Agenda Items 30 and 31 are Resolutions that would approve National City's application to receive $413,327 in grant funds under Proposition 40. Proposition 12: On March 7, 2000, California voters passed Proposition 12, the $2.1 Billion 'Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000' which provides funds for local assistance grants to support parks and recreational needs. On September 4, 2001, the City Council adopted Resolutions No.'s 2001-132 (Exhibit 1) and 2001-133 (Exhibit 2), which authorized the City Manager to apply to the State for grant funding under the Proposition 12. As a result, the State has awarded National City three grants: $502,000 under the "Per Capita Grant Program," $161,305 under the "Roberti-Z'Berg-Harris Program," and a "Legislative Grant" for $147,750. As you may recall, the Legislative Grant is in jeopardy of being rescinded by the State Controller's Office. National City has designated these grants, which total $811,055, for Phase One of the Municipal Swimming Pool Renovation Project. Although the State has awarded the funds, before National City receives the, the previously adopted resolutions must be amended for the reason noted above. Proposition 40: On March 5, 2002, California voters passed Proposition 40, the $2.6 Billion "California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002," which, like Proposition 12, provides grants for parks and recreational needs. On July 1, 2003, the State awarded National City two grants under Proposition 40: $256,000 under the 2002 Per Capita Program (Exhibit 3), and $157,327 under the 2002 Roberti-Z'Berg-Harris Program (Exhibit 4), for a total of $413,327. 1 National City hasn't received these funds, however, because the City did not initiate the grant -application process with the State. The proposed resolutions would initiate this process and permit disbursement. After National City receives the grants, staff will ask the City Council to designate a project for the funds. Financial Statement: Proposition 12: National City will receive $502,000 from the 2000 Per Capita Program; $161,305 from the 2000 Roberti-Z'Berg-Harris Program, and $147,750 from a Legislative Grant, for a total of $811,055 in grant funds. There is no local matching requirement for the Per Capita Program; however, under the Roberti-Z'Berg- Harris program there is a local matching requirement of 30% of the allowable project cost, all of which must come from non -state funds. National City's required match is $69,131, which has been budgeted in the 2002 CDBG. Proposition 40: National City will receive $256,000 from the 2002 Per Capita Program and $157,327 from the 2002 Roberti-Z'Berg-Harris Program, for a total of $413,327 in grant funds. There is no matching requirement for either grant. Staff Recommendation: Staff recommends that the City Council: 1) Adopt amended Resolutions to meet the State's requirement that we amend our resolutions to secure funds previously approved under Proposition 12. 2) Adopt Resolutions permitting National City to apply for funds already awarded under Proposition 40. RESOLUTION NO. 2004 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING NATIONAL CITY'S APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $157,327 FOR THE ROBERTI-Z/BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2002 — PROPOSITION 40 WHEREAS, the people of the State of Califomia have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 which provides funds for the Roberti-Z'Berg-Harris Block Grant Program for grants to eligible Applicants, and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up the necessary procedures, and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Goveming Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of Califomia for the project; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1.. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Certifies that the Project conforms to the recreation element of any applicable city or county general plan; and 5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the project(s). 3 Resolution No. 2004 — November 16, 2004 Page Two APPROVED and ADOPTED this 16th day of November 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2001 — 132 RESOLUTION OF THh CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM THE PER CAPITA PROGRAM UNDER ME SAFE NEIGHBORHOODS, PARKS, CLEAN WAFER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to submit an application for $502,000 in grant funds from the State Per Capita Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSEL) and ADOPTED this 4t day of September, 2001 ATTEST: Michael R. Datla, City Clerk APPROVED AS TO FORM: George H. $iser, III City Attorney George H. Waters, Mayor EXHIBIT 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 4, 2001 AGENDA ITEM NO. 1 ! ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS OF THE PER CAPITA PROGRAM UNDER its SAFE NEIGHBORSHOOD, PARRS, CLEAN WATER,CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000. PREPARED BY Jim Ruiz DEPARTMENT Parks & Recreation EXPLANATION This grant of $502,000 from the State, is earmarked for the rehabilitation of the pool. As you remember, on June 19, 2001, the City Council received a report on. the City Pool Master Plan. The total project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehab project. These funds will be combined with other funding until sufficient money is received to begin work on the pool. • CEnvironmental Review X N/A Financial Statement Approved By: Finance Director Funds in the amount of $502,000 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below ) Resolution Resolution No. ') 2001-132 A-200 (9:93) `7 The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Per Capita Grant Program Allocations Ci and District Per Ca i ita Allocations City of Citrus Heights City of Elk Grove City of Folsom City of Galt City of Isleton Sacramento Arcade Creek R.P.D. Arden Manor R.P.D. Arden Park R.P.D. Carmichael R.P.D. Cordova R.P.D. Elk Grove C.S.D. Fair Oaks R.P.D. Fulton -El Camino R.P.D. Mission Oaks R.P.D. North Highlands R.P.D. Orangevale R.P.D. Rio Linda/Elverta P.R.D. Southgate R.P.D. Sunrise R.P.D. City of Hollister Cit of San Juan Bautista City of Adelanto City of Barstow City of Big Bear Lake City of Chino City of Chino Hills City of Colton City of Fontana City of Grand Terrace City of Hesperia City of Highland City of Loma Linda City of Montclair City of Needles City of Ontario City of Rancho Cucamonga City of Redlands City of Rialto City of San Bernardino City of Twentynine Palms City of Upland City of Victorville City of Yucaipa Town of Apple Valley Town of Yucca Valley Barstow R.P.D. Big Bear Valley P.R.D. Bloomington P.R.D. Hesperia P.R.D. Moronqo Valley C.S.D. Rim of the World R.P.D. Victorville R.P.D. Page 6 of 6 478,000 164,000 32,000 2,604,000 222,000 72,000 42,000 408,000 866,000 735,000 299,000 250,000 595,000 361,000 302,000 209,000 816,000 1,387,000 191,000 $ 30,000 $ $ 141,000 605,000 546,000 430,000 1,065,000 123,000 $ 403,000 $ 202,000 $ 281,000 $ 54,000 $ 1,374,000 $ 1,139,000 $ 615,000 $ 759,000 $ 1,690,000 $ 137,000 $ 624,000 $ $ 361,000 $ 517,000 $ 175,000 $ 299,000 $ 136,000 $ 137,000 $ 639,000 $ 41,000 $ 272,000 $ 693,000 City and Distr _ate i City of Carlsbad $ 744,000 City of Chula Vista $ 1,581,000 City of Coronado $ 224,000 City of Del Mar $ 49,000 City of El Cajon $ 876,000 City of Encinitas $ 563,000 City of Escondido $ 1,159,000 City of Imperial Beach $ 265,000 City of La Mesa $ 537,000 City of Lemon Grove $ 235,000 City of National City $ 502,000 4 City of Oceanside $ 1,458,000 City of Poway $ 447,000 City of San Diego, Parks $ 8,216,000 City of San Marcos $ 489,000 City of Santee $ 529,000 City of Solana Beach $ 130,000 City of Vista $ 777,000 Lake Cuyamaca R.P.D. $ 35,000 Valley Center C.S.D. $ 183,000 City of San Francisco $ 5,156,000 City of Escalon $ 52,000 City of Lathrop $ 90,000 City of Lodi $ 525,000 City of Manteca $ 449,000 City of Ripon $ 94,000 City of Stockton $ 1,591,000 Cit of Trac City of Arrnun (,rn.;rim, .. ....,. i a h City of Atascadero City of Grover Beach City of Morro Bay City of Paso Robles City of Pismo Beach City of. San Luis Obispo Templeton C.S.D. $ 234,000 $ 116,000 $ 90,000 $ 207,000 $ 78,000 $ 391,000 44,000 City of Belmont City of Brisbane City of Burlingame. City of Daly City City of East Palo Alto City of Foster City City of Half Moon Bay City of Menlo Park City of Millbrae City of Pacifica City of Redwood City 237,000 $ 41,000 $ $ 268 000 $ 949,000 $ 227 000 $ 280,000 $ 103 000 $ 289 000 $ 194,000 $ 372,000 708,000 RESOLUTION NO_ 2001 - 133 RESOLUTION OF 1'tit; CITY COUNCIL OF lilt: CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDS FROM tilt, ROBERTI-Z' BERG-HARRIS URBAN OPEN SPACE AND ]RECREATION PROGRAM UNDER. 1'1ii . SAFE NEIGHBORHOODS, PARKS, CLEAN WA t'1;TL, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 BE IT RESOLVED by the City Council of the City of National City tha the City Manager is hereby authorized to submit an application for $161,305 in grant funds from the Roberti-Z' Berg Harris Urban Open Space and Recreation Program under the Safe Neighborhoods, Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000. Said funds to be used for rehabilitation of the National City Municipal Pool. PASSED and ADOPTED this 4°` day of September, 2001. ATft~11: Michael R. Dalta, City Clerk APPROVED AS TO FORM: n/er3 X.MwGeor,III City Attorney George H. Waters, Mayor EXHIBIT 2 City of National City, California COUNCIL AGENDA STATEMENT • ,+itEETING DATE September 4, 2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD, PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT .OF 2000. PREPARED BY Jim Ruiz EXPLANATION DEPARTMENT Parks & Recreation This grant of $161,305 from the State, is earmarked for the rehabilitaiton of the pool. As you remember, on June 19, 2001, the City Council received a report on the City Pool Master Plan. The total project cost is approximately $1.9 million. At this meeting, the City Council designated these funds specifically for the pool rehabilitation project. These funds will be combined with other funding until sufficient money is. received to begin work an the pool. J Environmental Review X N/A Financial Statement Approved By: Finance Director Funds in the amount of $161,305 to be received from this grant for the rehabilitation of the pool. Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below) Resolution Resolution No. 2001-133 A-20C (9199) The Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 (Villaraigosa-Keeley Act) Roberti-Z'Berg-Harris Block (Per Capita) Grant Program Allocations City and District Block Grant Allocations for the RZH Urbanized and Heavily Urba ��iZv}„ 5-.+.. 8e1 ut`.u.auav City of Rocklin m $ 102,635 City of Roseville $ 216,044 City of Calimesa $ 22,565 City of Cathedral City $ 112,535 City of Coachella $ 53,691 City of Corona $ 358,132 City of Hemet $ 127,996 City of Indian Wells $ 8,292 City of Indio $ 106,450 City of La Quinta $ 56,486 City of Moreno Valley $ 411,415 City of Norco $ 75,411 City of Palm Desert $ 109,623 City of Palm Springs $ 126,656 Llty of Kancho Mirage City of Riverside City of San Jacinto Coachella Valley R.P.D. Jurupa Area R.P.D. Valley Wide R.P.D. City of Citrus Heights City of Elk Grove City of Folsom Sacramento Arcade Creek R.P.D. Arden Manor R.P.D. Arden Park R.P.D. Carmichael R.P.D. Cordova R.P.D. Fair Oaks R.P.D. Fulton -El Camino R.P.D. Mission Oaks R.P.D. North Highlands R.P.D. Orangevale R.P.D. Rio Linda/Elverta P.R.D. Southgate R.P.D. --Sunrise R.P.D. $ 34,794 $ 756,153 $ 7,599 $ 236,772 $ 232,675 $ 265,876 $ 204,179 $ 153,443 $ 1,881,518 $ 71,245 $ 23,293 $ 13,484 $ 131,024 $ 278,064 $ 96,084 $ 80,248 $ 190,861 $ 116,072 $ 96,719 $ 66,968 $ 262,047 $ 445,481 City and District Block Grant Allocations for the RZH Urbanized and Heavily Urbanized Grant Programs. City of Chino $ 194,206 City of Chino Hills $ 175,281 City of Colton $ 137,866 City of Fontana $ 341,826 City of Grand Terrace $ 39,453 City of Hesperia $ - City of Highland $ 129,422 City of Loma Linda $ 64,930 City of Montclair $ 90,115 City of Ontario $ 441,113 City of Rancho Cucamonga $ 365,702 City of Redlands $ 197,409 City of Rialto $ 243,704 City of San Bernardino $ 542,729 City of Upland $ 200,321 City of Victorville $ - City of Yucaipa $ 116,029 Town of Apple Valley $ 165,963 Bloomington P.R.D. $ 44,012 Hesperia P.R.D. $ 185,180 Victorville R.P.D. $ 222,470 City of Carlsbad $ 238,754 City of Chula Vista $ 507,499 City of Coronado $ 71,772 City of Del Mar $ 15,723 City of El Cajon $ 281,264 City of Encinitas $ 180,813 City of Escondido $ 372,107 City of Imperial Beach $ 85,020 City of La Mesa $ 172,369 City of Lemon Grove $ 75,557 City of National City $ 161,305 e City of Oceanside $ 468,191 City of Poway . $ 143,544 City of San Diego $ 5,936,697 City of San Marcos $ 156,937 City of Santee $ 169,749 City of Solana Beach $ 41,782 City of Vista $ 249,527 Page 5 of 5 Page 1 of 1 Details Program: Per Capita Sub Program Name: 2002 Resources Bond Act - 2002 Bond Act Per Capita Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr: Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $256, 000 7/1/2003 Recipient to Specify Projects in Future Proposition 40 PRC 5096.610(b) PRC 5096.620(a), PRC5096.621(a) Per capita grants to cities and districts htto://www.oarks.ca.govidefaultasp? page id=1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacraments Fund Managing Entity Entity Name: City of IN Note: PRC under Bond Section and Subsections stands fa Resources Code,' part of the 'Califomia Code: arsoi t 1/ http://4050bonds.resources.ca.gov/Proj ectDetail.asp?RecordID=45688 EXHIBIT 3 10/30/2004 Page 1 of 1 Details Program: Roberti-Z'Berg-Harris Sub Program Name: 2002 Resources Bond Act - Roberti-Z'Berg-Harris - Click on the Bond Name or Informational Website for more information about those items. Award Details Award Amount: Award Date: Project Types: Bond Name: Bond Section: Bond Subsections: Bond Allocation Descr: Informational Website: Public Contact Phone: Program City: Program County: Program Zip Code: $157, 327 7/1 /2003 Recipient to Specify Projects in Future Proposition 4_D. PRC 5096.610(b) PRC 5096.620(b), PRC 5628 RZH: Block htto://www.oarks.ca.gov/defaultasp? page_id1008 (916) 653-7423 National City San Diego 91950 Responsible State Agency Name: Address: Department of Parks and 1416 9th Street, Sacraments Fund Managing Entity Entity Name: City of Note: PRC under Bond Section and Subsections stands foi Resources Code,' part of the'Califomia Code.' EXHIBIT 4 http://4050bonds.resources.ca.gov/Proj ectDetail. asp?RecordID=455 01 10/30/2004 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 32 AGENDA ITEM NO. /ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING AND REENACTING CHAPTER 11.70 PROVIDING FOR THE LICENSING AND THE REGULATION OF TRANSPORTATION SERVICES WITHIN THE CITY BY THE ADOPTION OF A UNIFORM TRANSIT SYSTEM PREPARED BY EXPLANATION George H. Eiser, III DEPARTMENT City Attorney EXT. 4221 Please see attached memorandum. Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Memorandum Proposed ordinance Resolution No. A-200 (Rev. 7/03) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: November 4, 2004 FROM: City Attorney SUBJECT: 1. Ordinance Providing for the Licensing and Regulation of Transportation Services (For -Hire Vehicles) 2. Cost/Benefit Analysis of Regulating Paratransit Vehicles Other than Taxicabs 1. Proposed Ordinance The ordinance which is proposed would implement the City Council's decision to return the licensing and regulation of taxicabs, and possibly of other "paratransit" vehicles, to the City. The ordinance would establish the basic framework for the licensing and regulation functions. The following are the principal features of the ordinance: • No one may engage in the operation of a for -hire vehicle for transportation without first having obtained a permit from the City. A separate permit is required for each vehicle being operated • A permit application process is established. In deciding whether or not to grant permits, the City Council may in its sole discretion determine the number of permits to be granted, and may establish procedures and criteria for the granting of permits, including the use of a request for proposals ("RFP") or a request for qualifications ("RFQ"). • Specific requirements which must be met in order to receive and maintain a permit are set forth in the City's Implementation Regulations for Paratransit Vehicles. • When the permit and a distinctive color scheme for the vehicle has been approved, the City will issue a medallion, which must be affixed to the vehicle in plain view. • Permits are granted for a one-year period. • Permits may be transferred only upon prior approval of the City. • Grounds and procedures are established for the suspension or revocation of a permit. Appeal rights before the City Council are granted to a permittee whose permit is to be suspended or revoked. • Annual inspection of vehicles is required. Proof of an annual inspection and compliance with safety standards by MTDB inspectors will satisfy this requirement. Periodic safety inspections are also authorized. ® Recycled Paper • Vehicle contents, driver appearance and radio service requirements are to be set forth in implementation regulations to be adopted by the City Council. • Persons operating for -hire vehicles are required to maintain specified documentation, including financial records, proof of ownership of the permit and vehicle, dispatch records, trip Togs, driver's license, and proof of insurance. • Drivers of for -hire vehicles must obtain and display a driver's identification card issued by the Sheriff's Department. • Drivers must wear an identification card. • Drivers must affix to their vehicles, in a location visible to passengers, a notice providing a telephone number for reporting complaints. • The City shall establish maximum fares to be charged. • The City shall adopt fees to attain full cost recovery of the costs of issuing permits, inspecting vehicles, and generally administering for -hire vehicles services. • The City Council is authorized to designate stands, i.e. public areas designated for use by for -hire vehicles. 2. Cost/Benefit Analysis of Regulating Paratransit Vehicles Other than Taxicabs Under its current agreement with the City, MTDB regulates other types of paratransit vehicles in addition to taxicabs. These other vehicles include jitneys, charter vehicles, low - speed vehicles and non -emergency medical vehicles. In discussions between City and MTDB staffs to facilitate the transfer of these functions to the City, the question arose as to whether it was the City Council's intention to have licensing and regulation of these other types of vehicles, as well as taxicabs, transferred to the City. At the October 19, 2004 City Council meeting, the Council requested cost/benefit information before making a determination on this issue. a. Staffing Because the City of National City has not regulated taxicabs since 1992, any statement as to the number of City staff hours required to regulate taxicabs and/or other paratransit vehicles must be purely an estimate. Attempting to base such an estimate upon the staffing level of other agencies leads to an inconclusive result, because those staffing levels vary greatly between agencies. For example, the administration of taxicabs in the City of Chula Vista is handled by a records clerk in the police department. On the other hand, MTDB's taxicab administration supervisor estimates that two staff persons would be required in National City to administer the regulation of taxicabs and other paratransit vehicles, one to handle administration of the City's paratransit ordinance (e.g. complaint processing, business information input, insurance verification), and one to handle field and code compliance (e.g. inspections, complaint investigations, investigation of code violations). After discussing this issue, the best prediction that City staff can make is that the administration of taxicabs and other paratransit vehicles will initially require the full-time attention of a single Finance Department staff member. After approximately one month, it is expected that the time demands upon this staff person will decrease significantly, and that the 2 Licensing and Regulation of Transportation Services Cost Benefit Analysis program will require only periodic attention. It is also expected that other staff members will occasionally be impacted, for example, the City Attorney's Office, police officers and code conformance officers in the event of code violations. b. Revenue The City is entitled to impose fees and charges in order to offset its costs of administering the regulation of taxicabs and other paratransit vehicles. The City Council will be asked in the near future to approve a schedule of fees and charges. For example, MTDB currently imposes a one-time $3,000 permit application fee, as well as an annual fee of $350 per vehicle. It is expected that the fees to be recommended for adoption in the National City fee schedule will be approximately the same as the MTDB fees. Based upon the current number of permit holders and the number of taxicab medallions authorized in National City, and assuming the fees remain the same as those charged by MTDB, the initial year's revenue would be $9,000 in application fees, and $22,750 in annual permit fees. GHE/gmo 2 GEO GE H. EISER, III City Attorney Licensing and Regulation of Transportation Services Cost Benefit Analysis the city; ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE BY REPEALING AND REENACTING CHAPTER 11.70 PROVIDING FOR THE LICENSING AND THE REGULATION OF TRANSPORTATION SERVICES WITHIN THE CITY BY THE ADOPTION OF A UNIFORM TRANSIT SYSTEM BE IT ORDAINED by the City Council of the City of National City that Title 11 of the National City Municipal Code is hereby amended by repealing and reenacting Chapter 11.70 to read as follows: Chapter 11.70 REGULATION AND LICENSING OF TRANSPORTATION SERVICES Sections: 11.70.010 Definitions 11.70.020 Purpose and authority 11.70.030 Operating permit 11.70.040 Equipment 11.70.050 Vehicle contents and driver appearance requirements 11.70.060 Radio services regulations 11.70.070 Operating documentation requirements 11.70.080 Driver's identification card 11.70.090 Fares 11.70.100 Regulatory fees 11.70.110 Stands; authority to designate 11.70.120 General provisions 11.70.010 Definitions. The following words and phrases, wherever used in this Section, shall be construed as defined in this Section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases. A. "Charter vehicle" shall mean every vehicle which: 1. Transports passengers or parcels or both over the public streets of 2. Is routed at the direction of the hiring passenger; 3. Is prearranged in writing for hire; 4. Is not made available through "cruising"; and 5. Is hired by and at the service of a person for the benefit of himself or herself or a specified group. B. "City" as to jurisdiction shall mean the City of National City, in the County of San Diego, California. "City" as to authority shall mean the City Manager or his or her designated representative. C. "Compensation" shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. D. "Cruising" shall mean the movement over the public streets of a taxicab or low -speed vehicle (LSV) in search of prospective passengers; except the term does not include either the travel of a taxicab or LSV proceeding to answer a call for service received by telephone or radio from an intended passenger, or the travel of such a vehicle, having discharged a passenger or passengers, returning to the owner's place of business or to its established point of departure. E. "Driver" shall mean every person operating any for -hire vehicle. F. "Driver's identification card" shall mean that license, issued by the San Diego County Sheriffs Department that permits a person to drive a for -hire vehicle within the County. G. "Exclusive ride" shall mean exclusive use of a for -hire vehicle by one or more related passengers at a time. H. "Facially credible complaint" means a complaint based on facts sufficient to establish that the complaint is valid, with an absence of facts to the contrary. 1. "For -hire vehicle" shall mean every vehicle that is operated for any fare for compensation and used for the transportation of passengers over public City streets, irrespective of whether such operations extend beyond the boundary limits of the City. Such for -hire vehicles shall include taxicabs, vehicles for charter, jitneys, nonemergency medical vehicles, sightseeing vehicles, and LSVs. "For -hire vehicle" shall not include a public transit vehicle owned or contracted for by the Metropolitan Transit Development Board, the Public Utilities Commission, or a vehicle properly licensed by the state or county as an emergency medical vehicle, or a vehicle involved in an organized carpool not available to the general public. J. "Group ride" shall mean shared use of a taxicab or LSV where a group of related passengers enter at the same point of origin and disembark at the same destination and pay a single fare for the trip. K. "Implementation Regulations for Paratransit Vehicles" shall mean those regulations adopted by the City Council for implementing this Chapter. L. "Jitney" shall mean every vehicle which: 1. Transports passengers or parcels, or both, over the public streets of the city; 2. Follows a fixed route of travel between specified points with the fare based on a per capita charge established in its permit; and 3. Is made available to boarding passengers at specified locations along its route on a variable schedule. M. "Low -speed vehicle" ("LSV") is a motor vehicle, other than a motor truck, having four wheels on the ground and an unladen weight of 1,800 pounds or less, that is capable of propelling itself at a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour, on a paved level surface. For the purposes of this Section, 2004 Ordinance Chapter 11.70 Page 2 of 15 Uniform Transit System a "low -speed vehicle" is not a golf cart, except when operated pursuant to California Vehicle Code Section 21115 or 21115.1. N. "Medallion" shall mean the numbered plate, sticker or decal issued by the City to the permit holder which is displayed on a for -hire vehicle to indicate the authorized use or uses of that vehicle. O. "MTDB" shall mean the Metropolitan Transit Development Board or its designated representatives. P. "City inspector" shall mean those individuals, regardless of job title, who are authorized by the City Manager, and by ordinance, to enforce the provisions of this Chapter. Q. "Nonemergency medical vehicle" shall mean every vehicle which transports physically and/or mentally disabled persons who require supervision and/or specialized transportation equipment or assistance related to the disability, and such persons' attendants, over the public streets of the city. R. "Operate" or "Operating" shall refer to the solicitation or acceptance of a fare within city limits for compensation. It shall also include, as the context may require, the act of driving, managing or directing the utilization of one or more for -hire vehicles. S. "Owner" shall mean the person, partnership, association, firm, business, or corporation that is the registered owner of any for -hire vehicle, and that holds the right to use the vehicle for its advantage. T. "Paratransit vehicle" shall mean any "for —hire vehicle" as defined in Subsection I. U. "Permit" shall mean the authority under which a person, firm, partnership, association, or corporation may operate a for -hire vehicle as a business. V. "Permit holder" shall mean any person or approved entity operating a business under a for -hire vehicle permit. W. "Shared ride" shall mean nonexclusive use of a for -hire vehicle by two or more unrelated passengers traveling between different points of origin and/or destinations, and traveling in the same general direction. X. "Sightseeing vehicle" shall mean every vehicle which: 1. Transports passengers for sightseeing purposes of showing points of interest over the public streets of the city; and 2. Charges a fee or compensation therefore; regardless of whether any fee or compensation is paid to the driver of such sightseeing vehicle, either by the passenger or by the owner orby the person who employs the driver or contracts with the driver or hires such sightseeing vehicle with a driver to transport or convey any passenger; and irrespective of whether or notsuch driver receives any fee or compensation for his or her services as driver. Y. "Stands" shall mean public areas designated for specific use by for -hire vehicles. Z. "Street" shall mean any place commonly used for the purpose of public travel. AA. "Taxicab" shall mean every vehicle other than a charter vehicle, a jitney, a nonemergency medical vehicle, a sightseeing vehicle, or LSV which: 1. Transports passengers or parcels, or both, over city public streets. 2. Is made available for hire on call or demand through "cruising," at taxicab stands or by telephone to destination(s) specified by the hiring passenger. 2004 Ordinance Chapter 11 .70 Uniform Transit System Page 3 of 15 BB. "Taximeter" shall mean any instrument, appliance, device or machine by which the charge for hire of a passenger -carrying vehicle is calculated, either for distance traveled or time consumed, or a combination of both, and upon which such charge is indicated by figures. CC. "Vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a street, except a device moved exclusively by human power or used exclusively upon stationary rails or tracks. 11.70.020 Purpose and authority. A. Purpose. The purpose of this Chapter is to ensure the safe and orderly operation of paratransit vehicles within the City of National City and to provide that regulation of paratransit vehicles be performed and supervised by the City, in order to best serve the public interest. B. Authority. 1. Authority for this Chapter. The enabling authority for this Chapter is Vehicle Code Section 16501 et seq., Government Code Sections 4500(b), 37101, 37350, 37359, and Public Utilities Code Section 120266 et seq. 2. Issuing Authority. The City may designate from time to time the City department that may issue the operational permits and medallions, and who may conduct inspections. 11.70.030 Operating permit. A. The following provisions shall govern the application for issuance, denial, duration, transfer, and suspension or revocation of operating permits. 1. Parameters. a. No person shall engage in the business of operating any for - hire vehicle or providing any vehicle for the operation of vehicles for -hire services within the City without first having obtained an operating permit from the City, which permit shall not have been revoked, suspended or otherwise canceled or terminated by operation of law, for a violation of this Chapter, or otherwise. A separate permit is required for each for -hire vehicle operated or provided for operation. Specific requirements which must be met in order to obtain an operating permit are set forth in the Implementation Regulations for Paratransit Vehicles. b. An operating permit represents the granting of a privilege to operate a for -hire vehicle within the zones specified by the permit for the purpose of the public convenience and necessity. This privilege may be revoked at any time by operation of law, for a violation of this Chapter or other laws, or otherwise. c. Any person who obtains an operating permit shall be responsible for the provision of vehicle -for -hire services in accordance with the provisions of this Chapter and shall exercise due diligence to assure that drivers of the permitted vehicles adhere to all pertinent requirements of this Chapter. 2. Applying for a permit. a. All persons applying for a permit(s) for the operation of one or more for -hire vehicles shall file with the City a sworn application on forms provided by the City, which shall contain information required pursuant to the City's Implementation Regulations for Paratransit Vehicles. 2004 Ordinance Chapter 11.70 Page 4 of 15 Uniform Transit System b. The applicant shall also submit, with the application, a nonrefundable filing fee to be determined from time to time by resolution of the City Council, in order to recover the cost of processing such applications. 3. Issuance of permit. a. The City Council shall, in its discretion, determine the total number of for -hire vehicle permits to be granted, which shall be determined according to the best interests of the public for the safe and effective operation of City streets and public transit. b. The City Council in its sole discretion may determine the number of permits to be granted any applicant(s) and approve permits for any applicant(s) subject to such conditions as the City Council may deem advisable or necessary in the public interest and may establish procedures and criteria for the granting of permits including the use of a request for proposals (RFP) or request for qualifications (RFQ). Before a permit may be approved, the applicant shall pay an initial regulatory fee in an amount to be determined from time to time by resolution of the City Council. c. A driver may drive for more than one permit holder. The driver must, however, have on file with, and accepted by, the San Diego County Sheriff a separate application on forms provided by the Sheriff, for each permit holder with whom he has a current driving agreement. A driver may have on file with the Sheriff a maximum of four (4) such applications at any one time. It shall be unlawful for a driver to accept or solicit passengers for hire in the City while operating the vehicle of any permit holder for whom the driver does not have such an application on file with the San Diego County Sheriff. 4. Denial of a permit may be made for any one of the following reasons: a. The applicant is under twenty-one (21) years of age; or b. Within the five (5) years immediately preceding the processing of the application, the applicant has been convicted of, or held by any final administrative determination to have been in violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of the permit in accordance with Subsection 8 of this Section 11.70.030. For purposes of this Section, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere or a forfeiture of bail shall be deemed a conviction; or c. The applicant provided false information of a material fact in an application or other document required by this Chapter within the past five (5) years. 5. Duration. a. Permits are approved for a period of one (1) year and may be renewed annually upon payment of a regulatory fee in an amount to be determined by the City. b. No permit shall be approved or renewed for any person who has not fully complied with all of the requirements of this Chapter and all other applicable laws and/or regulations necessary to be complied with before commencement of the operation of the proposed service. 2004 Ordinance Page 5 of 15 Chapter 11 .70 Uniform Transit System 6. Medallions. a. When the permit has been approved and upon determination by the City that the color scheme and pertinent for -hire vehicles are sufficiently distinctive so as not to cause confusion with other for -hire vehicles already operating, and that the for -hire vehicle, after appropriate inspection, meets the requirements of this Chapter, the City will issue a numbered medallion(s) to be affixed to the for -hire vehicle. b. No medallion shall be issued for a vehicle unless the vehicle conforms with all the applicable provisions of this Chapter. c. The medallion issued to the permit holder must be affixed to the for -hire vehicle for which the permit is approved in plain view from the rear of the for - hire vehicle. The permit holder must immediately report the Toss, destruction or defacing of a medallion to the City. It shall be unlawful to operate a for -hire vehicle without the medallion affixed and visible. d. When a permit has been suspended or revoked, the operation of any for -hire vehicle authorized by such permit shall cease, and its medallion surrendered immediately to the City. 7. Transfer of permits. a. The privilege of engaging in the business of operating a for - hire vehicle in the City which has been granted a permit is personal to the permit holder, who must be the owner of the for -hire vehicle. The rights, requirements and responsibilities which attach to the permit remain with the holder at all times the for -hire vehicle is operated under the authority of the permit. These rights, requirements and responsibilities, which include, but are not limited to, the requirements of this Chapter, will remain unaffected by any agreement or contractual arrangement between the permit holder and those persons who operate for -hire vehicles, irrespective of the form or characterization of the agreement under which the driver operates the for -hire vehicle. b. Each permit issued pursuant to the provisions of this Chapter is separate and distinct and shall be transferable from the permit holder to another person or entity only with the prior approval of the City. Taxicab permits may be transferred only after the passage of one (1) year from the date a permit was issued to the original permit holder. All taxicab permits, however, may be transferred upon the verifiable death or permanent disability of the original permit holder. The transferability of permits may be limited by policy established by resolution of the City Council. c. In the event that the permit holder is a corporation, partnership or legal entity other than a natural person, prior approval of the City shall be required for any transfer or acquisition of majority ownership or control of that corporation, partnership or legal entity to a person or group of persons acting in concert, none of whom already owns or controls a majority interest. Any such acquisition or transfer occurring without prior approval of the City shall constitute a failure to comply with this Section. d. In requesting a transfer from the City, the proposed transferee shall file with the City a sworn application for the transfer and shall comply with the requirements of this Section 11.70.030. The permit holder shall certify in writing that the permit holder has notified the proposed transferee of the requirements of this Section pertaining to the transfer of a permit. Whenever an application for a 2004 Ordinance Chapter 1 1 .70 Page 6 of 15 Uniform Transit System transfer of permit is filed, the City shall process the application for transfer in accordance with the procedures set forth in this Section for issuance of permits. 8. Suspension or Revocation of Permit. a. Grounds. Permits may be suspended or revoked by the City at any time in the event of the following: 1. The City finds that a permit holder or vehicle driver has continued to violate the provisions of this Chapter in the past or is currently violating the Chapter. 2. The permit owner ceases to operate a for -hire vehicle for a period of sixty (60) consecutive days without having obtained written permission for cessation of such operation from the City. Permission for temporary cessation is outlined in the Implementing Regulations for Paratransit Services. 3. The for -hire vehicle or vehicles are operated at a rate of fare other than those fares on file with the City. 4. The permit holder fails to begin operating the for -hire vehicle for which the permit is first approved within ninety (90) days after the approval date. 5. The permit holder has been convicted of assault, battery, resisting arrest, any felony involving force and violence, or any crime reasonably and rationally related to the paratransit industry or any similar business operation which bears upon the integrity or ability of the applicant or holder to operate a for -hire vehicle business and transport passengers, unless five (5) years shall have elapsed from the date of discharge from a penal institution or the satisfactory completion of probation for such conviction. 6. The permit holder has been convicted of a crime that would require a person to register as a sex offender under the California Penal Code. For purposes of this Section, a plea 'or verdict of guilty, a finding of guilt by a court, a plea of nolo contendere, or a forfeiture of bail shall be considered a conviction. 7. The driver's identification card is subject to denial, suspension, revocation, or refusal to renew by the Sheriff. 8. Their California Driver's License is revoked or suspended. 9. The driver is convicted of reckless driving or driving while under the influence of intoxicating liquors and/or narcotics. 10. Permit holders, vehicles, and drivers are required to comply with the requirements of the Americans with Disabilities Act (ADA), and ADA regulations are hereby incorporated by reference. A violation of ADA requirements is a violation of this Chapter and subject to a fine or suspension or revocation or a combination. b. Procedure for suspension or revocation of permit. 1. A permit holder shall be notified in writing within 10 working days when a facially credible complaint has been filed with the City by a member of the public where such complaint involves the permit holder, the driver of the permitted for -hire vehicle, or the radio service to which the permit holder is subscribed. The permit holder shall investigate the complaint and report its response in writing to the City within 30 calendar days and initiate corrective action where necessary. Where the 2004 Ordinance Chapter 11.70 Uniform Transit System Page 7 of 15 complainant has agreed to the sharing of their identity, the results of the investigation, findings, and actions shall be communicated to the complainant. 2. In the event the City finds a permit holder has failed to responsibly respond to notification of complaints or to initiate corrective action, the City shall issue a notice of proposed adverse action to the permit holder. If the circumstances of the complaint or subsequent investigation so warrant, the City may issue a notice of adverse action to a driver independently of, or in conjunction with, any adverse action proposed to the permit holder. The City shall refer to the Implementation Regulations for Paratransit Vehicles in determining a proposed adverse action. 3. The permit holder or driver in receipt of a notice of proposed adverse action shall be given the opportunity to appear for an informal hearing before a hearing officer designated for this purpose. Failure to appear will constitute waiver of both the hearing and further right to contest. Following the hearing or waiver thereof, the City shall issue the notice of adverse action, if justified by the facts. If the City determines that the permit holder or driver's actions involve criminal activity or constitutes a serious degradation of the public safety, convenience, or necessity, a notice of adverse action may be issued and the action effected without first having an immediate hearing. 4. Upon a finding by the City that a permit holder falls within the suspension or revocation provisions of this Subsection A.8., the permit holder or driver shall be notified that his or her permit has been subjected to an adverse action and that the matter is such that the action may be appealed. Such adverse action may consist of the suspension or revocation of a license, the imposition of a fine, and/or any other remedies provided for by this Chapter or by law. c. Right of administrative appeal from denial, suspension or revocation of permit or related adverse action. 1. The permit holder or driver shall be notified that he or she may file with the City a written administrative appeal ten (10) working days after delivery of the notice of revocation or suspension or the denial of a license, permit, or driver's identification card, the notice of prohibition to operate or the imposition of a fine. The permit holder or driver shall set forth in the appeal the reasons why such action is not proper. Thereafter, the procedure for the appeal shall be as set forth in Chapter 1.42. 2. If no administrative appeal is filed within the proper time, the permit or driver's identification card shall be considered revoked, suspended or denied, and shall be surrendered, the fine be imposed, as applicable, or the notice of prohibition to operate take effect. 3. Except as provided in Subsection (d), once an administrative appeal is filed, the revocation or suspension of the permit or driver's identification card, the effect of the notice of prohibition to operate, or the imposition of the fine shall be stayed pending the final determination of the administrative appeal. 4. If, in the City's opinion, the continued operation of a for -hire vehicle or possession of a driver's identification card and permit represents an unsafe condition for any passenger or pedestrian, the revocation or suspension of the related permit, driver's identification card, or the effect of any notice of prohibition to operate, shall not be stayed. A revocation or suspension of a permit imposed for failure to comply is rebuttably presumed to represent an unsafe condition pending the 2004 Ordinance Chapter 11.70 Uniform Transit System Page 8 of 15 determination of the appeal or the correction of the violation, whichever shall occur first. Notwithstanding, no medallion shall be reaffixed to a vehicle until the violation has been corrected. d. No permit holder shall employ as a driver or operator any person whose privilege to operate a for -hire vehicle within the City has expired, or has been revoked, denied, suspended, or prohibited by the City or the San Diego County Sheriff. e. The City may apply the procedures and fines set forth in Chapter 1.44 of this Code for violations of this Chapter in lieu of the revocation or suspension of a permit or identification card authorized by this Subsection A.8. B. Limited permits. 1. The City may approve permits which are limited in duration of time and geographical location. In addition to the requirements for a regular permit, applicants for limited permits must also submit all relevant information as set forth in the Implementation Regulations for Paratransit Vehicles, and shall state specifically the appropriate times and locations. 2. Operating pursuant to a limited permit shall also follow the requirements set forth in the Implementation Regulations for Paratransit Vehicles. 11.70.040 Equipment. A. Inspections. 1. Annual Inspections. Before a for -hire vehicle is placed in service and at least annually thereafter, the for -hire vehicle shall be delivered to a place designated by the City for inspection. City inspectors or their agents or designees shall inspect the for -hire vehicle and its equipment to ascertain whether the vehicle complies with the provisions of the Implementation Regulations for Paratransit Vehicles. Failure to produce the vehicle for inspection shall be cause for suspension or revocation of the permit for such vehicle. In the alternative, timely proof of concurrent annual inspection and compliance with safety standards by MTBD inspectors shall satisfy this requirement. 2. Periodic Inspections. Any City inspector, MTBD inspector, or peace officer, after displaying proper identification, may make reasonable and periodic inspections of any for -hire vehicle operating under a City permit for the purpose of determining whether the vehicle is in compliance with the provisions of this Chapter. 3. Failed Inspections. Any for -hire vehicle which fails to meet the requirements of the California Vehicle Code or this Section after inspection may be immediately ordered out -of -service by a City inspector, an MTBD inspector, or a peace officer if it is unsafe for service, until such time as the defect is cured. Ordering a vehicle out -of -service does not constitute a suspension or revocation of the permit but the medallion may be ordered removed by the City until such time as the defect is cured and proof of such supplied to the City upon the vehicle's reinspection. 4. Out of service. In the event that a for -hire vehicle for which a permit has been approved is taken out of service for equipment defects, the permit holder may utilize a spare for -hire vehicle which has been duly inspected by a City inspector, an MTBD inspector, or a peace officer, and approved prior to use. The permit holder must immediately inform the City when a spare for -hire vehicle is in use and the location of the disabled vehicle. The spare vehicle will be issued a "spare 2004 Ordinance Page 9 of 15 Chapter 11.70 Uniform Transit System vehicle" sticker which must be affixed to the left rear portion of the for -hire vehicle for which it is approved, in plain view from the rear of the for -hire vehicle. The permit holder may utilize one (1) spare for -hire vehicle for a period not to exceed sixty (60) days. This Subsection shall not be construed, nor deemed to replace, those provisions in this Chapter which apply to the transfer of a permit for a for -hire vehicle. 11.70.050 Vehicle contents and driver appearance requirements. Driver appearance and vehicle content requirements are set forth in the Implementing Regulations for Paratransit Vehicles and are required in order to operate with a valid permit. Failure to comply with the content requirements subject the vehicle to being ordered out of service until compliance is demonstrated to the City. 11.70.060 Radio services regulations. Radio services are required in order to operate taxicabs or LSVs. Radio service regulations are set forth in the City's Implementing Regulations for Paratransit Vehicles and are required in order to operate. Failure to comply with radio service requirements subject the vehicle to being ordered out of service until compliance is demonstrated to the City. The City may, at any time, revoke or suspend the taxicab or LSV privileges or fine any person, partnership, corporation, association, other organization providing radio or other dispatch service that violates a provision of these regulations or this Chapter. 11.70.070 Operating documentation requirements. A. Every person engaged in the business of operating a for -hire vehicle within the City under a City permit shall maintain all of the following: 1. Financial records in accordance with good accounting practices. 2. Proof of ownership of the permit and vehicle. 3. General Operating records. Operating records shall include, but are not limited to, the following: (a) Typed or written dispatch records for taxicab or LSV companies which operate their own radio dispatch service; (b) Any logs which a for -hire vehicle driver maintains describing the trips carried by a for -hire vehicle other than a taxicab; (c) Copies of the daily trip log required by taxicab or LSV drivers under Implementing Regulations for Paratransit Vehicles; and (d) Any other similar records designated in the Implementation Regulations for Paratransit Vehicles. 4. A valid California driver's license. 5. Insurance. It shall be unlawful to operate a for -hire vehicle unless the permit holder establishes and maintains in effect proof of financial responsibility and insurance as specified in the Implementation Regulations for Paratransit Vehicles. 6. Ownership Records, as specified in the Implementation Regulations for Paratransit Vehicles. 7. Business information. The permit holder shall maintain and keep updated their business address, mailing address where they can accept mail directed to their company, and a business telephone in working order which must be answered during normal business hours, Monday through Friday, and during all hours of operation. The permit holder shall, in the case of any change in their business address, 2004 Ordinance Chapter 11.70 Page 10 of 15 Uniform Transit System mailing address, or business telephone, notify the City in writing of such change within forty-eight (48) hours of the effective date of this change. 11.70.080 Driver's identification card. A. No person shall drive or operate any for -hire vehicle under the authority of a permit granted under this Chapter unless such person has and displays a valid driver's identification card obtained annually through the San Diego County Sheriff. B. No permit holder shall employ as a for -hire vehicle driver or operator any person who has not obtained or maintained a for -hire vehicle driver's identification card through the San Diego County Sheriff. C. The City may recommend that the San Diego County Sheriff suspend, revoke, or deny a driver's identification card on the basis of a violation of law or of this Chapter. 11.07.090 Other requirements and prohibitions. A. The driver of any for -hire vehicle shall promptly obey all lawful orders or instructions of any peace officer, fire fighter, City inspector, or MTDB inspector. B. No driver of any for -hire vehicle shall transport any greater number of persons, including the driver, than the manufacturer's rated seating capacity for the vehicle. C. It shall be unlawful for any person to solicit business for a for -hire vehicle by making a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agent or employees of such owner, by which the owner, agent or employee receives any type of payment or commission for recommending or directing any passenger to a specific. for -hire vehicle or company. It shall be unlawful for any permit holder, association, or driver to have or make a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agents or employees of such owner, by which the permit holder, association or driver receives any type of payment or commission for recommending or directing any passenger to an establishment operated by a specific owner. D. The driver of a for -hire vehicle shall wear, in a manner clearly visible on their person, an identification card approved by the City. E. The driver of a for -hire vehicle shall affix to the vehicle, in a location clearly visible to passengers, a notice providing the telephone number for reporting complaints. F. For -hire vehicles shall comply with the California Vehicle Code and not impede traffic. For -hire vehicle drivers, including taxicabs, shall not load or unload passengers in traffic lanes. G. Except for nonemergency medical vehicle drivers, all drivers must successfully complete an MTDB or City approved driver training course concerning driver courtesy and professionalism, and pass a corresponding qualification examination. H. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. 2004 Ordinance Page 11 of 15 Chapter 11.70 Uniform Transit System It shall be unlawful for the driver or operator of any for -hire vehicle to refuse a prospective or actual fare or to take any action to actively discourage a prospective or actual fare on the basis of race, creed, color, age, sex, national origin, disability, or for any other reason, unless it shall be readily apparent that the prospective or actual fare is a hazard to the driver or operator. Rude or abusive language directed to a passenger(s) or any physical action that a reasonable person would construe as threatening or intimidating shall be specifically defined as a violation of this Section. 1. A driver, however, is not obligated to transport any person who is verbally or otherwise abusive to the driver. Such incidents shall be reported immediately to a peace officer or any City official charged with the administration of this Chapter. 2. Failure of the driver of any taxicab or LSV to assist a passenger with the loading or unloading of a reasonable size, number, and kind of passenger luggage or other items, when requested to do so, shall be specifically defined as a violation of this Section. A driver is not required to lift any single piece of passenger luggage or other item that exceeds 25 pounds in weight. The requirement for loading or unloading assistance shall be limited to retrieval from or deposit onto the nearest curbside adjacent to the legally parked taxicab or LSV. A sign in the form of a transparent decal may be affixed to the rear -door, side window stating that, "DRIVER IS NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE AREA OF THIS VEHICLE." 3. A driver with a lawful disability that prevents him/her from handling items as defined in Subsection (2) above is, upon submission of proof of such disability, relieved of responsibility for the requirements of Subsection (2). A driver so situated may affix a small sign either in the passenger section of the vehicle to be clearly visible to a rear seat passenger or on the inside of the trunk cover lid stating that, "DRIVER HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE." J. It shall be unlawful for taxicab operators to refuse or discourage a prospective or actual fare based upon trip length within the City. A LSV, however, may refuse a prospective or actual fare if the trip distance is outside allowed areas of operations. K. No driver shall stop, park or otherwise leave standing a for -hire vehicle within one -hundred feet (100') of any other taxicab or LSV except in a marked taxi/LSV stand or while actively loading or unloading passengers. L. An out -of -service sign must be displayed when the for -hire vehicle is not available for hire and is being operated or is lawfully parked for purposes of maintenance, inspection, or personal use. The sign must be placed in a location in the vehicle that is clearly visible from the exterior of the vehicle. The sign must be of durable material and written in block letters in black ink and easily readable from a distance of not Tess than 10 feet. M. It shall be unlawful for the driver to seek passengers by stopping at or driving slowly in the vicinity of an entertainment center or transportation center or any other location of public gathering, in such a manner as to interfere with public access to, or departure from, that center or location, or so as to interfere with or impede traffic. 2004 Ordinance Chapter 11 .70 Page 12 of 15 Uniform Transit System N. It shall be unlawful for a for -hire vehicle driver, having parked and left their vehicle, to solicit patronage among pedestrians on the sidewalk, or at any entertainment center, transportation center, or other location of public gathering. O. It shall be unlawful to respond to a call for service dispatched to another operator except when an LSV refers service to another operator because the trip distance is outside of the approved area of jurisdiction. P. Nonemergency medical vehicle drivers shall acquire and maintain valid proof of proper first -aid and CPR training. Q. Jitney vehicles. 1. In order to qualify as a jitney vehicle, the driver must comply with the Implementation Regulations for Paratransit Vehicles, pertinent to the jitney requirements. 2. It is unlawful for a jitney vehicle to operate a fixed route service on other than that route designated by the City. 11.70.090 Fares. A. The driver shall offer each passenger a receipt upon payment of the fare. The receipt shall accurately show the date, the amount of the fare, the medallion number, the trade name, and the name and signature of the driver. B. All disputes to fare shall be determined by the peace officer, or City official charged with the administration of this Chapter, who is most readily available where the dispute is had. It shall be unlawful for any person to fail or refuse to comply with such determination by the peace officer or City official. C. It is unlawful for any person to refuse to pay the lawful fare of a for -hire vehicle after employing or hiring the same. D. Rates. 1. The City shall set for itself or adopt the rates MTDB establishes as a maximum rate of fare for exclusive ride and group ride hire of for -hire vehicles except for trips from Lindbergh Field International Airport. No permit holder shall exceed such rate in the conduct of its operations. A permit holder may petition the City for any desired change in the maximum taxicab or LSV rates for exclusive ride and/or zone rates and group ride hire. 2. Taxicab trips from Lindbergh Field International Airport shall be at a uniform rate of fare. 3. Within thirty (30) calendar days following the issuance of a permit, each permit holder shall file with the City the rates of fare that they will charge, which shall not exceed the maximum rate set by the City. If a permit holder desires to change the rates of fare being charged for such services during any calendar year, they shall first file a document with the City indicating said changes, and no change shall be effective until fourteen (14) calendar days following the filing of said change. E. Taxicabs. 1. Each taxicab permit holder shall set the taximeter for the rate that they will charge and have the taximeter sealed and inspected. 2. Each taxicab permit holder shall prominently post rates in dollars -per -mile centered on the upper third part of both rear doors one inch (1") in height, utilizing "Universal" or other City pre -approved font in black or white lettering, to produce maximum contrast and adequately spaced for maximum readability. 2004 Ordinance Chapter 11.70 Uniform Transit System Page 13 of 15 3. If a taxicab permit holder desires to change their rates of fare, they shall file with the City the new rates not to exceed the City's allowable maximum, reset the taximeter, have the taximeter sealed and inspected, and post the revised rates on each side of the taxicab. F. Charter vehicles. The rates of fare for a charter vehicle shall be established by a prearranged written contract on a per mile or per hour basis. G. Sightseeing vehicles. The rate of fare for sightseeing vehicles shall be established on a per capita or per event basis. H. Nonemergency medical vehicles. 1. The rate of fare for exclusive ride service of nonemergency medical vehicles shall be established on a per capita plus per mile basis. 2. The rates of fare for shared ride service shall be established on a per capita plus per mile basis, or on a per capita plus per zone basis. I. Jitney vehicles. The rates of fare shall be established on a per capita basis. J. LSVs. The City shall establish and authorize the use of zones of operation. All vehicles permitted as LSV may use two methods of seeking compensation, either by zone rates or on a prearranged contract on a per mile or per hour basis. Either method may be used when working inside of an approved zone. However, when operating on a prearranged charter basis, within an approved zone, no operator may exceed the maximum number of vehicles that have medallions. K. It shall be unlawful for any permit holder and/or driver of a for -hire vehicle to demand of a passenger a charge for hire which is greater than the current maximum rate approved by the City, or that is greater than the permit holder's meter rate filed with the City. L. Nothing in this Section shall preclude a permit holder or driver from agreeing with a prospective passenger to a rate of fare which is less than the permit holder's filed and posted rates of fare, if the agreement is entered into in advance of the passenger's hiring the taxicab for the trip, except for trips commencing at the Lindbergh Field International Airport. 11.70.100 Regulatory fees. A. Rates. The City shall charge regulatory fees to affect the full cost recovery of activities associated with the administration, regulation, issuance or transfer of for -hire vehicle permits, inspections, and associated document administration. Such fees shall be established in amounts determined from time to time by resolution of the City Council. B. Changes. Changes in fee schedules affecting permits shall be mailed to all permit holders. Changes shall be effective thirty (30) calendar days thereafter. 11.70.110 Stands; authority to designate. The City Council is authorized to designate stands for the use of for -hire vehicles at various locations throughout the City. 11.70.120 General provisions. A. Severability. If any section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the 2004 Ordinance Chapter 11.70 Page 14 of 15 Uniform Transit System validity of the remaining portions of this Chapter. The City Council hereby declares that it would have passed this Chapter and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2004 Ordinance Nick Inzunza, Mayor Page 15 of 15 Chapter 11.70 Uniform Transit System City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 URGENCY ORDINANCE 33 AGENDA ITEM NO. ITEM TITLE AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY FOR ONEYEAR PREPARED BY George H. Eiser, III p"' DEPARTMENT City Attorney EXT. 4221 EXPLANATION At the December 2, 2003 City Council meeting, the Council enacted Ordinance No. 2003-2322, an urgency interim ordinance imposing a 45-day moratorium on the establishment of check cashing and payday advance business in the city. On January 6, 2004, the Council held a public hearing, and adopted Ordinance 2004-2238, extending the moratorium for 10 months and 15 days. Accordingly, the moratorium will expire on November 19, 2004, unless again extended. Section 2 of Ordinance 2004-2238 directed the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing and payday advance businesses. The Planning Commission considered this matter at their October 4 meeting, and directed staff to proceed with developing regulations for these businesses. At the October 19, 2004 City Council meeting, the Council issued a written report describing the measures taken to alleviate the condition that led to the adoption of the moratorium ordinance. After a public hearing, the City Council may extend the interim ordinance extending the moratorium on the establishment of check casing and payday advance businesses for one year. Environmental Review X N/A Not a project under CEQA MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Enact Ordinance. BOARD / COMMISSION RECOMMENDATION At their October 4 meeting, the Planning Commission directed staff to proceed with developing regulations. ATTACHMENTS ( Listed Below ) Memorandum from Deputy Director of the CDC, Robert Paz Report approved and issued by the City Council on October 19, 2004 Ordinance Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. 2004 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES IN NATIONAL CITY FOR ONE YEAR WHEREAS, National City, acting through its Community Development Commission ("CDC"), has been very proactive over the years in efforts to revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board is considering the submittal of zoning and specific plan proposals for approval by the City, including the Downtown Project in the vicinity of 8th Street and National City Boulevard, the Filipino Village Project along a portion of Plaza Boulevard, and the Mexican Village Project along a portion of Highland Avenue; and WHEREAS, a common element of the zoning and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere and cohesiveness of land uses within those areas; and WHEREAS, National City has in recent years experienced a proliferation of businesses engaged primarily in the cashing of checks for a fee, herein referred to as "check cashing businesses" and in advancing cash to customers in advance of payday for a fee, herein referred to as "payday advance businesses"; and WHEREAS, such businesses are in conflict with the contemplated redevelopment, zoning and specific plan proposals described hereinabove and which the City will be considering in the immediate future; and WHEREAS, additional check cashing businesses and payday advance businesses are proposed to be newly established or relocated within the City; and WHEREAS, existing land use controls do not adequately address the potential adverse effects of the proliferation of check cashing business and payday advance businesses in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare by the continued proliferation of check cashing business and payday advance businesses, and that the continued issuance of building permits, certificates of occupancy and other entitlements for use by check cashing businesses and payday advance businesses would result in a threat to the public health, safety and welfare; and WHEREAS, on December 2, 2003, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2003-2232, enacting a moratorium for 45 days on the establishment of check cashing businesses and payday advance businesses in the City; and WHEREAS, on January 6, 2004, the City Council held a public hearing, at which time oral and documentary evidence was received, and adopted Ordinance 2004- 2238, an urgency ordinance to extend the 45 day moratorium established by Ordinance No. 2003-2232 for an additional period of 10 months and 15 days; and WHEREAS, at their regular meeting of October 4, 2004, the Planning Commission considered the matter of check cashing businesses and payday advance businesses and directed City staff to proceed with developing regulations for such businesses; and WHEREAS, at their regular meeting of October 19, 2004, the City Council approved and issued a written report describing the measures taken to alleviate the condition which led to the adoption of the moratorium ordinance; and WHEREAS, at their regular meeting of November 16, 2004, the City Council held a public hearing, at which time oral and documentary evidence was received, to consider adopting an urgency ordinance to extend the 10 month and 15 day moratorium established by Ordinance 2004-2238 for an additional period of one year; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend the moratorium established by Ordinance No. 2003-2232 for a period of one year on the establishment, development or approval of check cashing business and payday advance businesses; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations governing check cashing businesses and payday advance businesses throughout National City as soon as practicable. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of one year from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to a check cashing business or payday advance business, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the establishment, development, or approval of any check cashing business or payday advance businesses. 2 of 3 One Moratorium on Check Cashing & Payday Advance Business Section 2. The City Council hereby directs the Planning Commission and City staff to undertake studies and make recommendations for the adoption of regulations governing check cashing business and payday advance businesses. Section 3. This Ordinance shall not apply to projects where prior to December 2, 2003, a building or demolition permit has been issued and substantial physical work has begun in reliance on that permit. Section 4. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Govemment Code and shall take effect immediately. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 16th day of November, 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 3 of 3 Nick Inzunza, Mayor One Moratorium on Check Cashing & Payday Advance Business RNE E 8 Pt1 2: 48 Preserving History... : `. • :: Shaping the Future CI I OF NAliONAL CITY Community Development Commission of National _City TO: GEORGE EIS •,AR t ER POST FROM: ROBERT PAZ SUBJECT: CHECK CASHING & PAYDAY ADVANCE BUSINFSS MORATORIUM DATE: 9/28/2004 CC: LETICIA QUINTERO According to the National City's Finance Department the Business Licenses' office confirmed ten Checks Cashed and Advanced Payday businesses are located within National City. On January 6, 2004, the City Council passed and adopted an ordinance ettt moratorium on the establishment of Check Cashingand Payday Advance businesses. The action ding. x y y was a -tltrotf -result of the excessive number of "Check Cashing" businesses in the redevelopment areas e ordinante 'Was adopted to protect residents from a direct economic threat to the public's health, safety and Welfare::= On March 2, 2004, Community Development Commission staff reported to the comMissihn that it met with various organizations and undertook a plan to protect residents from the predatory lendiig=brought by these businesses. As a result, San Diego Reinvestment Task Force, Consumer's Union,.and AO:91W had agreed to participate with future efforts. In addition, Community Development Commission staff visited each business and .confirmed that all the establishments were in compliance with regulation of The Truth in Lending Act which requires lenders to disdose all loan costs, true interest as an annual percentage rate and total number of payments. - In it's research, staff noted the following: "Payday lending has grown rapidly over the last decade. The payday industry trade association estimates that in 2002 there 'were approximately 7,000 payday offices in the U.S. that made 65 million payday loans and took in $2.4 billion in fees. The industry is projected to more than double in size over the next few years. The growth in the payday industry has been fueled by very high profits -an estimated 34% pre-tax return on sales. Payday lenders need only a small amount of cash to make loans, because they lend it over and over again. Moreover, these lenders charge annual interest rates of 400% or more, which is much higher than the risk these loans carry -Payday lenders lose only 10-15% of their revenue to bad debt." according to bttp://www jiredatorylending org/payday/index On As such, actions to protect consumers against the industry have been made and continue to be made on a state level by advocacy groups as well as class action lawsuits in the federal district courts. Local efforts by municipalities have focused on adopting ordinances such as in the case of West Valley City, Utah. The West Valley City Council proposed a formula to be established which allowed one business for every 10,000 citizens. In addition, there would be a separation from residential/commercial use of 600 feet and a separation between businesses of 600 feet. If National City adopted such a formula the maximum number of establishments would be six. An aggressive option not in existence to the best of staffs research would be to create a special tax for check cashing/payday advance businesses. The revenue generated would be set aside for educating National City residents on banking, personal finance, lending practices and first time homebuyer workshops. 2 REPORT ON MORATORIUM ORDINANCE ON THE ESTABLISHMENT OF CHECK CASHING/PAYDAY ADVANCE BUSINESSES Since the adoption of the urgency moratorium ordinance on December 2, 2003, and its extension on January 6, 2004, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Reviewed existing development regulations. It has been determined that the City's General Plan contains no direct references to check cashing or payday advance businesses. The use "Check Cashing Service" is listed under Use Group 27, Offices and Studios, in the City's Land Use Code and is thus a permitted use in all of the City's commercial zones except for CA (Commercial Automotive). It is a conditional use in the IC (Institutional Civic) and IP (Institutional Private) zones and is prohibited in all other zones. hi a zone where it is a permitted use, the only requirement would be for the applicant to obtain a City business license. Discretionary review would be possible in several limited situations. A check cashing business for instance could be proposed as part of a new shopping center. The shopping center itself would require a conditional use permit, allowing conditions to be applied, which could further regulate all known uses proposed for the center. Additionally, a planned development permit would be required if a new building was being constructed to accommodate a check cashing business on a property containing a planned development overlay zone. 2. Inventoried existing check cashing businesses in National City. The City's Finance Department researched business license records and determined that there are ten existing check cashing businesses in the City. It is interesting to note that eight of these businesses are located on two streets in the City, Plaza Boulevard and Highland Avenue. 3. Reviewed pending permit applications. The various City departments reviewed their various pending applications to determine if any would facilitate a check cashing/payday advance business. The remodeling of the former Taco Bell at the southwest comer of 16th and Highland was identified. It appears that a proposed shopping center at the northwest corner of Plaza Boulevard and Highland Avenue is also affected. 4. Reviewed with Planning Commission. The moratorium ordinance directed the Planning Commission to commence studies and procedures necessary for the adoption of regulations governing check cashing businesses and payday advance businesses. The Planning Commission considered the matter at their October 4 meeting, and directed staff to proceed with developing regulations for these businesses. Given their proliferation in the City, there may be a need to adopt additional land use controls regarding this type of business. The Land Use Code could be amended to require a Conditional Use Permit prior to the establishment of a check cashing/payday advance business. This would allow case -by -case review of each proposal as well as the placement of operating conditions and design controls on each one. A number of specific plans are currently being prepared for several areas of National City. These specific plans could include additional regulations for check cashing/payday advance businesses within the plan boundaries. In addition, separation requirements, such as are used for various types of businesses selling alcoholic beverages could be established. Lastly, the Land Use Code could be amended to establish a formula which would limit the number of check .cashing and payday advance businesses according to population, e.g. one business for every 10,000 residents. The check cashing/payday ordinance issue appears to involve more than just land use. Title 10 Division VII of the Municipal Code addresses consumer protection. This portion of the Code has been reviewed; new language could be added which focuses on checking cashing and payday advance activities. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE Vag' 2004 SECOND READING AGENDA ITEM NO. 34 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES PREPARED BY Rudolf Hradecky, EscDEPARTMENT City Attomey EXT. 4222 EXPLANATION This ordinance amends Chapter 10.19 of the National City Municipal Code to add a new category of vehicles to existing provisions regarding forfeiture of vehicles used in the creation of a public nuisance. Currently, the code provides for forfeiture of vehicles used in prostitution activity, illegal drug activity and illegal land grading or dumping.. This amendment will add vehicles used as instrumentalities for illegal gang activity — such as occurs with "drive -by shootings", get away cars, weapons caches, and so forth. It relies upon those definitions contained within the Penal Code which define a variety of activities constituting "illegal gang activity". These provisions parallel comparable provisions in Chapter 10.20 of the Municipal Code regarding abatement of premises used for similar public nuisance status offense — such as drug dealing and similar neighborhood disturbance matters Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt rt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Ordinance. Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 10.19 PERTAINING TO SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: .Section 1. That Title 10 is amended by amending Chapter 10.19 to read as follows: Chapter 10.19 SEIZURE AND FORFEITURE OF PUBLIC NUISANCE VEHICLES Sections: 10.19.010 Public nuisance vehicles 10.19.015 Definitions 10.19.020 •Declaration by court or city attorney 10.19.030 Right, title and interest in vehicle 10.19.040 Seizure 10.19.050 Receipts 10.19.060 Evidence 10.19.070 Forfeiture 10.19.080 Interest claim 10.19.090 Sale of vehicles 10.19.100 Recovery of monetary loss or costs of abatement 10.19.010 Public nuisance vehicles. A. Any vehicle described below in subsection B is hereby declared to be a public nuisance, and that vehicle shall be enjoined and abated as provided in this chapter. Any person and his or her servant, agent or employee who owns, leases, conducts or maintains any vehicle (hereinafter referred to as "vehicle") used for any of the purposes or acts set forth in this section is guilty of and responsible for maintaining a public nuisance. B. The following are declared public nuisance vehicles: 1. Any vehicle used to solicit or to agree to engage in or to engage in an act of prostitution; or 2. Any vehicle used to attempt to procure another person for the purposes of prostitution or to procure another person for the purposes of prostitution; or 3. Any vehicle used to cause, induce, persuade or encourage, by promises, threats, violence, or by any device or scheme, another person to become a prostitute; or Ordinance No. 2004 — Page 2 4. Any vehicle used to illegally sell, transfer or acquire or attempt to illegally sell, transfer or acquire any controlled substance; or 5. Any vehicle that is used for purposes of illegal dumping, illegal grading or illegal excavation on public or private property. 6. Any vehicle that is used by one or more members of a criminal street gang as an instrumentality of or in furtherance of "gang activity". 10.19.015 Definitions. Within this chapter, the following meanings shall apply: A. "Bulky item" means any discarded fumiture, home or industrial appliance or any abandoned vehicle or a part of an abandoned vehicle. B. "Controlled substance" means a drug, substance or immediate precursor that is listed in any schedule in California Health and Safety Code section 11054, 11055, 11056, 11057 or 11058. C. "Driver" means any person who drives or is in physical control of a vehicle defined in this section. D. "Hazardous waste" means any waste as defined in Califomia Health and Safety Code section 25117. E. "Illegal dumping" means the willful throwing, dropping, placing or depositing of a bulky item, hazardous waste or solid waste on public or private property not designated for that dumping or disposal purpose. "Illegal dumping" does not include the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines and including waste matter that escapes or is allowed to escape from a container, receptacle, or package. F. "Illegal excavation" or "illegal grading" refers to the moving of earth on or removal of earth from private or public property without a permit required by law or the National City Municipal Code. G. "Prostitution" means engaging in lewd or sexual conduct for money or other consideration. H. "Solid waste" means all putrescible and non-putrescible solid, semisolid and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, dewatered, treated or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. Solid waste does not include hazardous waste. I. "Vehicle", for purposes of this chapter, means any transportation device that is equipped with a motor, that is pulled by a transportation device with a motor, or requires the driver to havein his or her immediate possession a valid drivers license for the appropriate class of vehicle being driven without regard to whether it is required to be registered with the California Department of Motor Vehicles or the motor vehicle department of another jurisdiction. It includes, without limitation, automobiles, pickup trucks, dump trucks, tractor -trailers, earth movers, earth graders and bulldozers. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 3 J. "Gang activity" means activity conducted by one or more members of "a criminal street gang", as those terms are used or described in Penal Code sections 186.22 through 186.28. 10.19.020 Declaration by court or city attorney. Upon proof that a vehicle was used for any of the purposes set forth in section 10.19.010, the court upon application, or the city attorney upon compliance with the applicable sections of this chapter, may declare the vehicle a public nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in section 10.19.100. 10.19.030 Right, title and interest in vehicle. All right, title and interest in any vehicle described in section 10.19.010 shall vest in the city upon commission of an act giving rise to the public nuisance declared under this chapter. It shall not be a prerequisite to proceedings under this chapter that an occupant or user of a vehicle first be convicted of an underlying offense or crime before a public nuisance justifying action under this chapter may be declared to exist. 10.19.040 Seizure. A. Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. B. Seizure without process may be made when any of the following situations exist: 1. The seizure is incident to an arrest with or without a warrant, or a search under a search warrant; or 2. There is probable cause to believe that the vehicle was used in violation of this chapter. 10.19.050 Receipts. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person from whose possession the vehicle was seized, in accordance with section 1412 of the Penal Code. 10.19.060 Evidence. Any vehicle seized pursuant to section 10.19.040B, where appropriate, may be held for evidence. The city attorney shall have the authority to institute and maintain proceedings pursuant to the authority conferred by this chapter. The seizure and impoundment of a public nuisance vehicle as evidence neither requires nor precludes forfeiture proceedings under this chapter. When a public nuisance vehicle seized as evidence is in the custody of the District Attorney or other public or governmental agency, the City Attorney shall coordinate the request for custody of the vehicle as soon as needs or proceedings of the other agency no longer require its possession. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 4 10.19.070 Forfeiture procedure. A. Except as provided in this section, when the city attorney determines that a vehicle described in section 10.19.010 is subject to forfeiture, the city attorney shall file a petition for forfeiture with the Superior Court of San Diego County. B. A petition for forfeiture under this subdivision shall be filed as soon as practicable, but in any case, within sixty (60) days following the seizure of the vehicle which is subject to forfeiture, or, if the vehicle is in the custody of another agency, within sixty (60) days following its release by that agency. C. An investigation shall be made by the National City police department as to any claimant to a vehicle whose right, title, interest or lien is of record in the California Department of Motor Vehicles or other jurisdiction of vehicle registration. The National City police department shall send a notice within two business days following the seizure for a claimant to request a post -seizure hearing to determine the validity of the seizure to each legal and/or registered owner of a vehicle at his or her address appearing in the records of the appropriate state motor vehicle registry. The request for a hearing must be received by the department within ten (10) calendar days following that date of mailing of the notice. The post -seizure hearing shall be conducted within two business days following the day of receipt of the request for the hearing. The city may authorize any officer or employee to conduct the hearing provided the hearing officer is not the same person who directed the seizure of the vehicle.. Failure of a potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post -seizure requirement. If the vehicle is not subject to registration or is not registered, notice shall be provided to any person or entity with an apparent interest, such as may appear by inscribed or painted legend of ownership appearing on the vehicle; if no legend of ownership is apparent, a notice shall instead be published in a newspaper of general circulation describing the vehicle and an advice regarding the seizure and potential forfeiture. Failure to provide notice when no apparent ownership is available, or failure to receive notice when indicia of ownership is available, shall not invalidate any proceeding under this chapter. D. The city attorney shall, within ten days following seizure, notify any interested party of the seizure of the vehicle and the intended forfeiture proceedings, and a statement that any interested party may also file a verified claim with the Superior Court of San Diego County to contest the seizure in accordance with section 10.19.080. The notice shall be served by personal delivery or by registered mail upon each person who has an interest in the seized vehicle. E. All notices shall set forth the time within which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed pursuant to section 10.19.090. F. With respect to vehicles described in section 10.19.010 for which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in section 10.19.010. Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 5 G. The city attorney, pursuant to this subsection, may order the forfeiture of vehicles seized under this chapter. The city attorney shall provide notice of the proceedings under this subsection, including: 1. A description of the vehicle; 2. The date and place of seizure; 3. The violation of law alleged with respect to forfeiture of the vehicle; 4. The instructions for filing and serving a claim with the city attorney pursuant to section 10.19.090 and time limits for filing a claim. H. If no claims are timely filed, the city attomey shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the vehicle in accordance with section 10.19.100. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The city attomey ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. I. If a claim is timely filed, then the city attorney shall file a petition for forfeiture with the Superior Court pursuant to this section within thirty days of the receipt of the claim. J. Forfeiture proceedings shall not be applicable to any vehicle that was reported stolen prior toae act proscribed in section 10.19.010, unless it shall appear that the report was falsarat the identity of the registered owner cannot be reasonably ascertained or that the registered owner failed to redeem the vehicle within sixty days after seizure. Otherwise, the registered owner of a stolen vehicle may claim the vehicle upon payment of tow, storage and release charges, provided that the vehicle is not subject to any other holds prescribed by the Vehicle Code for traffic, parking or current registration violations. 10.19.080 Interest claim. A. Any person claiming an interest in the vehicle seized pursuant to section 10.19.010 must, within ten days from the date of the notice of seizure, file with the city attorney a claim, verified in accordance with section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. B. 1. If a verified claim is filed, the forfeiture proceeding shall be set within thirty days after receipt of the claim for a court hearing as soon as shall be possible. 2. The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter; however, in proceedings under this chapter, there shall be no joinder of actions, no coordination of actions except for forfeiture proceedings, nor cross -complaints, and the issues shall be limited strictly to the questions related to this chapter. C. In lieu of forfeiture, the City Attorney may allow an interested party to pay the fair market value of the vehicle seized in lieu of prosecuting the forfeiture proceeding, and reclaim the vehicle, except when the vehicle is seized under section 10.19.010(B)(6). Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles Ordinance No. 2004 — Page 6 10.19.090 Sale of vehicles. In all cases where vehicles seized pursuant to this chapter are forfeited to the city, the vehicles shall be sold, unless cash is paid as settlement in lieu of forfeiture of the vehicle under section 10.19.080 (c).The proceeds of sale or settlement shall be distributed and appropriated as follows: A. To the office of the city attorney and the police department or other local law enforcement agency for all expenditures incurred in connection with the publication of the notices set forth in section 10.19.080, and the sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; B. To any bona fide innocent purchaser, conditional sales vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or city attomey declaring the forfeiture orders a distribution to that person or entity; C. The remaining funds shalt be distributed as follows: 1. Fifty percent to the local law enforcement entities that participated in the seizure, distributed to reflect the proportionate contribution of each agency, 2. Fifty percent to the city's nuisance abatement fund, in accordance with section 1.36.190 of this code. D. All funds distributed to each local law enforcement agency pursuant to subsection C of this section shall not supplant any funds that would, in the absence of this subdivision, be made available to support the law enforcement and prosecutorial efforts of those agencies. For the purposes of this section, local govemmental entity means any city, county, or city and county in this state. 10.19.100 Recovery of monetary loss or costs of abatement. Nothing in this chapter shall preclude an owner of a vehicle from recovering damages for the actual amount of loss from any person or entity who committed the act or acts giving rise to the seizure or forfeiture of the vehicle, nor shall forfeiture of that vehicle preclude the city from seeking restitution from all responsible parties for the actual costs of abatement of the underlying public nuisance for or within which the subject vehicle was used. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Amending NCMC Chapter 10.19 Seizure and Forfeiture of Public Nuisance Vehicles City of National City COUNCIL AGENDA STATEMENT MEETING DATE: November 16, 2004 AGENDA ITEM NO. 35 ITEM TITLE: APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 1125 DIVISION STREET FOR THE DEVELOPMENT OF THE FIG COURT HOUSING PROJECT PREPARED BY: Benjamin Martinez Executive Director EXPLANATION: DEPARTMENT Community Development Commission On November 18, 2003, the Community Development Commission of the City of National City adopted a Resolution approving an Exclusive Right -to -Negotiate Agreement with the National Housing Fund, Inc. for the development of the Fig Court Housing Project comprised of single-family residences. Under the terms of this Agreement, in order to continue this project, a General Plan Amendment must be prepared and processed in order to accommodate the Planned Unit Development design that is being proposed. 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. i 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. 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 MEETING DATE November 16, 2004 AGENDA ITEM NO. 36 / ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for a Wireless Communications Facility in the Shopping Center at the Northwest Corner of Division Street and Euclid Avenue. (Applicant: Delta Groups Engineering, Inc. for Sprint PCS) (Case File CUP-2004-6) 3 PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXPLANATION EXT. The project is proposed in the National City Plaza Shopping Center at the intersection of Division Street and Euclid Avenue. The property is approximately 7 acres in size and is zoned General Commercial (CG-PD). It is irregular in shape and is fully developed with commercial space. The property has a parking lot of 250 spaces with several mature eucalyptus trees on site. The applicant proposes to install a wireless communications facility within a roughly 334 square foot lease area adjacent to the drive-thru aisle of El Milenio Mexican Food Restaurant. The proposal includes placing a 48- foot tall artificial broadleaf tree on one side of the aisle, and a 190 square foot equipment enclosure behind the existing drive-thru menu sign. The 8-foot tall walled enclosure would be similar in style and color to the restaurant. The artificial tree includes simulated leaves and bark. The Planning Commission held a hearing on this item on October 4, 2004. There was no public testimony at the hearing. The applicant answered questions regarding antenna locations and screening on the tree, and possible co -location scenarios. The Planning Commission voted to approve the Conditional Use Permit, based on required findings and subject to Conditions of Approval. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A STAFF RECOMMENDATION Approved By: Finance Director Account No. Staff c oncurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Carrillo, Pruitt, Alvarado, Flores, Baca, Reynolds Absent: Graham Abstain: Saludares, Martinelli ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 35-2004 2. Location Map Resolution No. 3. Photo simulations & site photos 4. Reduced site plan, elevations, details A-200 (Rev. 7/03) RESOLUTION NO. 35-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY IN THE SHOPPING CENTER AT THE NORTHWEST CORNER OF DIVISION STREET AND EUCLID AVENUE APPLICANT: SPRINT PCS (DELTA GROUPS ENGINEERING, INC., AGENT) CASE FILE NO. CUP-2004-6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility in the Shopping Center at the Northwest corner of Division Street and Euclid Avenue at duly advertised public hearing held on October 4, 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. CUP-2004-6 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 October 4, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the lease area (334 square -feet) will have little effect on use of the 6.15-acre commercially developed property, and will utilize the existing landscape areas without affecting parking or access. 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 Division Street, a prime arterial, can easily accommodate the one to two monthly maintenance trips generated by the unmanned facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the artificial broadleaf tree branches will adequately screen the nine panel antennas, and the artificial character of the tree will not be highly noticeable, as it will be compatible with the types of trees in the shopping center. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint PCS wireless communications network, resulting in enhanced service for its customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility at 2323 East Division Street in National City Plaza. 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. CUP-2004-6, dated 8/2/2004. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. A landscape and irrigation plan shall be submitted to show changes in the existing landscaped areas and the effect on the existing irrigation system. 3. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 4. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 5. The two existing mature trees adjacent to the equipment shelter site shall remain in place. 6. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 8. Exterior walls of buildings/poles/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 9. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 10. 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 5:30 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 18, 2004, by the following vote: AYES: PRUITT, CARRILLO, ALVARADO, FLORES, BACA, REYNOLDS. NAYS: ABSENT: GRAHAM. ABSTAIN: SALUDARES, MARTINELLI. CH AN 2go2 2`0' N 2324 2314 2304 2238 2230I 2227 2216' 2104 2026 2018 2012 2004 N % ` ue 1 Pier Euclid % % a ® 2310 230 ` 230 b.. ..,a_._ 2320 2302 23p5 U Avenue N N N N 2 N M M Oes- M N 2025 2015 % 2003 l Sprint. NATIONAL CITY PLAZA SD6OXCO29A drinafiiEAST DIVISION STREET, NATIONAL CITY, CA 91950 tta an Ma: m Morta _ -Mau sr aanar, lava r.. a.. Sala S. ila S wm.a s c a: Epmens Vicinity Map Existing NATIONAL CITY PLANNING DEPT. EXHIBIT B-Revised CASE FILE NO. CUP-2004-6 DATE: 8/2/2004 Proposed Sprint 48' High Mono Elm Broad Leaf Tree With Artificial Branches, and Simulated Bark Cladding Proposed 3L.Jf` rsOsetsry as S)Gc rna3 >ea. Crraaaaraaa,UCC'lt v a1i : a .sat by any noy AGE y ' wtyouF Dt :1 :e the prci - 3mdan- -S waled wi hm :he CO: (View Looking West to Site) DELTA GROUPS ENGINEERING, INC. A Telecommunications Development Company 5 Park Plaza, Suite 140D, Irvine, CA 92814 949.822.0333 IT) 949.822.0331 (P) ID381(19SA sht Blvd - gymall-St- 4Tk. T -'4.t.Q 4.5rsT .7 - - San PPS° van An 1.44`A' a:7,n - natal 00119.: 44,..4,Pann ;" 333 1-% Vicinity Map Existing „ 4 ...z6AA .63. 'aro av NATIONAL CITY PLANNING DEPT. EXHIBIT B-Revised CASE FILE NO. CUP-2004-6 ')ATE: 8/2/2004 fr; NATIONAL CITY PLAZA SD6OXCO29A 3'23 EAST DIVISION STREET, NATIONAL CITY, CA 91950 ort, CIA 6 (View Looking Northeast to Site) Proposed Sprint 48High Mono EIm Broad Leaf Tree With Artificial Branches, and Simulated Bark Cladding Proposed ,retOry :h81 Fepcocl,dc:,;(i ,n 00011.001 hy any r:,•Jr,DGE oor.y mtflo:t DGE's DELTA GROUPS ENGINEERING, INC. A Tolocommunloanons oevolopnann company 5 Park Plaza, &Ma 1400, Irvine, CA 92E114 P48.6210333 (T) P49.82209,11 (F) la3SKICSA Rr‘.. 10 1110 p,c3j.;r1QL.1(i7-3,.,,,es :J!!!,,n 11.0 Con.,racz bet.,,/c,F;r, Mono broadleaf tree example (Starpoint Nursery, San Marcos) CUP-2004-6 Project Site looking North East side of Mexican Restaurant looking Northwest Project Site looking toward mono -elm location /0 East side of Mexican Restaurant looking Southwest showing potential restricted access Profile of east side of restaurant // City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 37 AGENDA ITEM NO. /ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for an Adult Day Support Center at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite "H" (Applicant: Gloria L. Revilla) (Case File CUP-2004-20) PREPARED BY Roger G. Post, 336-4310 DEPARTMENT Planning EXT. EXPLANATION The location of the proposal is the existing Plaza East Shopping Center at 3403 East Plaza Boulevard. T he 1 .7-acre p roperty is i n t he G eneral C ommercial-Planned D evelopment (CG-PD) z one. The site is developed with an approximately 19,800 square foot building with 12 business suites and a 63-space parking lot. The applicant proposes to operate an adult day support center in a 1,650 square foot suite Monday through Friday from 8:30 a.m. to 5 p.m. It is a for profit organization offering social and job skills acquisition and educational training for developmentally (mentally and physically) challenged adults. There will be 20 to 30 clients eventually, but they will start with 15 and increase over time. Classes will involve assembly activities (to stimulate motor skills), as well as provide an environment for learning social and job skills, and basic, everyday operations. The center proposes to serve two groups per day, with each stay being 6 hours. The first group will from 8:30 a.m. to 2:30 p.m., and the second from 9:00 a.m. to 3:30 p.m. Staff will be on site until 5:00 p.m. Clients will be from local area residences or group homes. Van transportation will be provided to and from the site. The Planning Commission held a hearing on this item on October 18, 2004. There was no public testimony Dther than from the applicant at the hearing. The applicant answered questions regarding their program, staff training, parking concerns, and use of transit. The Planning Commission voted to approve the Conditional Use `Permit, finding that the site was suitable for the proposed use, and subject to Conditions of Approval. 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 and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Pruitt, Saludares, Alvarado, Flores, Baca, Martinelli Absent: Reynolds Abstain: Carrillo, Graham ATTACHMENTS (Liisted Below 1. Planning Commission Resolution No. 37-2004 2. Location Map Resolution No. 3. Site photos 4. Reduced site plan and floor plan A-200 (Rev. 7/03) RESOLUTION NO. 37-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT DAY SUPPORT CENTER AT THE PLAZA EAST SHOPPING CENTER AT 3403 EAST PLAZA BOULEVARD, SUITE "H" APPLICANT: GLORIA L. REVILLA CASE FILE NO. CUP-2004-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an Adult Day Support Center at the Plaza East Shopping Center at 3403 East Plaza Boulevard, Suite "H", at duly advertised public hearing held on October 18, 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. CUP-2004-20 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 October 18, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate room within a 1,650 square foot suite in an existing shopping center to provide adult support activities for up to 30 clients at any one time. 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 20 or so trips per day will have little impact on Plaza Boulevard, which is classified as an arterial roadway, and since the use is expected to generate less traffic than other possible retail use of the suite. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the shopping center is already existing and is located in a developed commercial area, and since the use will be conducted within an enclosed building and activities will be limited to 30 clients. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide social skills training and educational services for developmentally -challenged members of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the operation of an Adult Day Support Center for up to 30 clients. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, case file no. CUP-2004-20, dated 9/7/2004. 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. This facility must comply with all applicable codes as determined by the State of California Manual of Policies and Procedures — Community Care Licensing Division. 4. Any vehicles associated with the business that are stored on site must be able to use a standard parking stall. 5. The rear door shall remain closed during hours when activities are taking place. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 7. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 1, 2004, by the following vote: AYES: PRUITT, SALUDARES, ALVARADO, FLORES, BACA, MARTINELLI NAYS: ABSENT: REYNOLDS ABSTAIN: CARRILLO, GRAHAM Plaza East Shopping Center looking North Plaza East Shopping Center looking South Hug 1a U4 U`J:bla p.2 Plaza East Canter 3403 E Platai Blyd National City, Cp 82050 43. NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2004-20 DATE: 9/7/2004 34o Pte.�ct, l uL City of National City, California COUNCIL AGENDA STATEMENT ,AEETING DATE November 16, 2004 AGENDA ITEM NO. 38 1 ITEM TITLE TEMPORARY USE PERMIT- National City Police Department/Regional Law ement Agencies-14th Annual Law Enforcement Teddy Bear Drive on 14, 2004 at Westfield Shopping Town Plaza Bonita from 7 to 10 am. PREPARED BY EXPLANATION ez 336-4210 DEPARTMENT Building and Safety This is a request fro the National City Police Department/Regional Law Enforcement Agencies to host the 14th Annual Teddy Bear Drive event at the Plaza Bonita Shopping Center on December 14, 2004 from 7 am to 10 am. The event will consist of a breakfast and ceremony in the mall food court followed by a motorcade from the mall to Children's Hospital. The east parking lot at Plaza Bonita will be used for staging the police vehicles. A police motorcade will escort police vehicles from Plaza Bonita to I-805 on Sweetwater Rd. Traffic will be stopped for 5-10 minutes along route. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. The Police Department is also requesting authorization to sign the agreement with Plaza Bonita. Environmental Review X N/A Financial Statement Approved By: The City has incurred $345.00 in costs in processing the T.U.P. application through wilicatfivaky Account No. STAFF RECOMMENDATION Approve the Application fotj a Temporary Use Permit subject to compliance with all conditions of approval, grant the waiver of fees and authorize the Police Department to sign the agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) A-200 )9: 99) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Regional Law Enforcement Agencies EVENT: 14th Annual Law Enforcement Teddy Bear Drive DATE OF EVENT: December 14, 2004 7:00 a.m: 10:00 a.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MGR. YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES f x 1 NO [ ] SEE CONDITIONS [ x 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Fire Department access shall be provided and maintained at all times. 2. Fire hydrants, Fire Department Connections and any other fire safety appliances shall not be blocked or obstructed at any time. ENGINEERING (336-4380) 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. POLICE (336-4400) 1. No conditions. 2. Need authorization from City to sign attached Westfield shopping town event agreement. See page 3 of document. Copies of insurance coverage attached. Provided by National City Risk Manager. FINANCE 336-4310 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. A list of all participating vendors (with their addresses, 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 the Business License. However, a Business License certificate must be obtained from the City Revenue & Recover Division, Business License Section. Type of Event: _ Public Concert Parade _ Motion Picture Fair Demonstration _ Festival _ Community Event Circus _ Block Party Grand Opening 7,0ther Actual Event Hours: 7Gi/pm to / 0 a�Fm Setup/assembly/construction Date: 12f /t/0fStart time: 06130 Please describe the scope of your setup/assembly work (specific details): gal eL e:Ac-r- PfE/LI ,A.) C� c.Tr60/1j(rA fo p u 'ET t410 O 1tA4-4FiI-ST" /its/ OC ,z tm- f be r2 Attie Dismantle Date: / 2f (¢/O4- Completion Time: `b jji m List any Street(s) requiring closure as a result of this event. Include street names), day and time of closing and day and time of reopening. r/4�J�Po'-' op c- iV(a _er. /C.a-oe wit(- P ES(G�'A�t OLE f (4 V6)- r . -S 11-4C, i4 i- rdE' .SroP✓eW Fdti S rb ,A(14c 16:s ,4us/7 /14C ? . Event Title: I ( .4,J,d (IfF L LA vv Enl r0/LGg vA67/jr rrP,Dy k46.41z- P/Q u/ Event Location: We-Sr-Fig-0 & ro U )0(.42,4 136A1 cT.4- Event Date(s): From 1o / 2/ II/Of-Total Anticipated Attendance: [9S0 ay/Year ( >C Participants) (____Spectators) A o -Q-w E Fo 4AF imr— Sponsoring Organization: A- Gic.J C t 6 _ _ For Profit �.Not4for-Profit Chief Officer of Organization (Name) /vim 64A C . ! (9y P- P. r.S 2.004 , - Harm",\64�/<. N Applicant (Name): n% i ioai.- r -Tl"/ /0 uc Q£1'T- ! rri E 1 F/7 Address: / Ze>0 it/ ofU4C Ctrr 6-4/1? ,JA-77o,l4-t e.c , tom- 1/9ro Daytime Phone: ( 330 - f 2 Evening Phone: ((0/9) 247, . `P2.2 Fax: (1.0) 33G Contact Person "on site" day of the event: L 7r fr7Frt: -(.% �t Pager/Cellular. V SZ 4) Z 2— NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit' organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _YES - NO _ YES .X NO pudue Abe) $ 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? Rlease 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. AlleTto fla-L eery fowo5. pg-nr. ' c tforr , e-o-( dF ,pf 20a4 Rtoonh-c. I:W.u) e7.4e0/144.vr-e7tkt' 7-0PDy 1S6 r- D ✓E in) A(4-t6.Ja-L a ry ►fir-( eA4 ►eJc4Atoc-'c A .t4orl.4 A)h &•a-i?�&u Jc (dua- 1 ce koetAo.)1 A -AV .9r� (du 4 VGAN7Gt• . A-r- . ??te , , -MA(9 'itAlegi P6lilC9 n41170)---- I?IR4rcTt-v Ds 64 GP/I-CAS ff sPiA-L V' 6.0f/1-65-eT- ' 7 2y 13 5 —,a Gal c,9 ). ✓ ar-- /flfllel& e6n-6.44-6n)y 0410,40a0 /0,,J .-),-3 AA-�/3o✓rA. YES XNO 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 NO Will items or services be sold at the event? If yes, please describe: YES — NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. )(.., YES NO Does the event involve a fixed venue site? if YES, attach a detailed site map showing all streets impacted by the event. _ YES $NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: Trash containers with lids: Describe your plan for dean -up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: e" .5e62wcv Q1 AlD s(e.1,f4-14 " rfil — YES )4 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 jNO 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. 4.4L g O/k J $4EM i141.E/1'1 Tf ( I 15W /J�•fi,Q% aF- C ,' . &A) &tom re`/AS,ces ,ee‘- OCX1 cr( i? Please describe your Accessibility Plan for access at your event by individuals with disabilities: 4-r16 roc,/% ,11— 1P1,44774 iv 7 A- eforitrzki, l 'ff At s.e-g2L 10 I•JOIVt/)aM-C Please provide a detailed description of your PARKING plan: ,� e� /� FbUIC 1/Erfit, vvtLt- eie" .PSG ter- orf. '1i -- . /444 't /40/14 . Please describe your plan for DISABLED PARKING: 41N17- Aa-s ‘, -C- ,vs4f 'e k f AS4 fit-W) 4s+-w11-6-1• **S t; t t/f c.L Ae" I "'? 'tv.4-/ t-r�-f�G E�• 4 Please describe your plans to notify ail residents, businesses and churches impacted by the event /1 t rt, **Air' MALL de-tft�"i,� fr' mew,//k 6tti t� : cootk G df(ar cl, /3g- /n-fis i ri a s Not. wJ . hrt��E-. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: ZL YES _ NO MI sound amplification be used? If YES, please indicate: k /,‘ Fblt' sett Start time: —2 (�q Ipm Finish lime / d 6rsyl'pm YES NO Wiii 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: Number of Bands: r YES )NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES ,„NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 Event: for Office Ilse OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 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 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 Applicant Official Title Date 1-or 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? 7< 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. Nameofthe sponsoring organization /2EGi644C- LH1 �r✓Fo itAer Z— ,- � 77c? ✓:e;47(, AZ(U(/i� 65/14M,TTEE_ Type of Organization L4-0") E/1 Fa,U , e-/or (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) JC 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) 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: Signature No (P lease sign the form and submit it with the TUP Application) /D - Date ,4-U7T (6P- bi S ((9n) A- rAe fEO VV1S7 R 6219 �S 1-1-0 e ‘0,3 & rr C Ve-/o4-& ///- • 9 Yahoo! Maps and Driving Directions Yahoo! My Yahoo! Mai! H LOCAL Sign In •t Maps New User? Sin Up Yahoo! Maps « Back to Map * 3030 Plaza Bonita Rd National City, CA 91950-8009 Search the web Page 1-o Mor'afZC'ADE fLeu?r When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Ma Copyright © 2004 Yahoo! Inc. All rights reserved. Privacy Polite - Terms of Service - Copyright Policy - Yahoo! M ps Terms of Use - Help - Ad Feedback pO L t c.E oz-o n uA (T.S tins t c. (, ES eo'RT-- po [, t More F f.0/K PL,azaz dad eorr t,..i o c.oT re. Wes.-r-3ou,4 SvdEeTw,ae ep- R.p ro McrF'og- (Adt-rS •01.an-ter-it"Fi r c._ re-�-o.� (� �t1 o 2-i—E{ ',sou") - BoS" S-to P (2-6c.c 7E-, http://maps. yahoo.com/pmaps?csz=National+City %2C+CA+91950-8009&state=CA&uzip=... 10/15/04 Map 1 of 2 A1JQ k040 W ico s4 b tiG•A/v i,AER"Fv5 plaza bonitar Carnival Feb. 20-29,2003 Christiansen Amusements P.O. Box 997, Escondido 92033 (760) 735-8542 WESTFIELD SHOPPINGTOWN EVENT AGREEMENT THIS EVENT AGREEMENT (this "Agreement") made this 26th day of August, 2004, by and between Plaza Bonita LP, with principal offices at 11601 Wilshire Blvd., Los Angeles, CA 90025 ("Westfield"), and The City of National City and any affiliated partners ("Client"). Westfield grants Client permission to enter upon the property commonly known as Westfield Shoppingtown Plaza Bonita, located in National City, California (the "Shopping Center") for the purpose described on Exhibit A attached hereto (the "Event"). Client agrees to conduct the Event as described on Exhibit A attached hereto. Term. This Agreement shall be effective as of the date first written above and shall terminate on Wednesday, December 15, 2004 P.S.T., unless sooner terminated by Westfield at Westfield's sole discretion as provided below. Termination. This Agreement may be temiinated by Westfield at any time, for any reason, upon at least ten (10) days prior written notice to Client. The date that Westfield receives such notice shall be referred to as the "Notice Date." The "Termination Date" shall be the date, which is ten (10) days after the Notice Date. Upon receipt of such notice, Client will take immediate steps to cease all preparation for the Event and proceed with project completion. hi the event of such termination, Westfield shall pay Client the "Client Costs" within thirty (30) days of Westfield's receipt of an invoice and sufficient documentation for expenses. The Client Costs shall be limited to Client's reasonable (as determined in Westfield's sole discretion) out-of-pocket expenses and fees incurred by Client in connection with the Event, including any amounts for which Client is obligated to pay to third parties, including any and all cancellation fees, whether before, on, or after the "Termination Date.' Rules. Client agrees to comply with the Shopping Center's Rules and Regulations, a copy of which have been provided to Client. Client also agrees to comply with all rules, regulations, ordinances, and statutes of any governmental entity or nongovernmental entity having jurisdiction over Westfield or Client, and to obtain all necessary permits, licenses or other approvals that may be required from any entity to conduct the Event. Security. Westfield shall have no responsibility to provide security, supervision or protection against any loss that may be sustained by Client If Client requires security, it agrees to do so at its own cost and expense and shall utilize a security company approved by Westfield prior to the Event date. Release. Client further agrees that its activities will be at its sole risk as against each of Westfield, Westfield America, Inc., Westfield Corporation, Inc., Plaza Bonita LP, and each of their respective employees, directors, officers, shareholders, representatives, agents, affiliates, subsidiaries, parents, successors, assigns and tenants (collectively, the "Released Parties"). and it hereby waives any rights to seek damages in connection with any injury to itself or to its employees, directors, officers, shareholders, representatives, agents, affiliates, subsidiaries, parents, successors and assigns (collectively, the "Releasing Parties"), in connection with this Agreement, the Event, Client's activities or any property damage to the Shopping Center. (a) Client understands that the facts upon'which this release is made may hereafter turn out to be other than or different from the facts now known or believed by the parties to be true and Client accepts and assumes the risk of the facts to be different than now known or believed to be true. Client agrees that this release shall be and remain in all respects effective and not subject to termination or rescission by virtue of any difference of facts. Deleted ., 3 (b) California Civil Code § 154'4, ..hick is hereby expressly waived by the Client, reads .Dhows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES ' NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH fHi DEBTOR." Force Maieure. Neither party shall be liable to the other for delays or failures in performance resulting from unforeseen causes beyond the reasonable control of that party. If either party fails to perform its obligations hereunder due to such causes, the other party may either (a) terminate this Agreement or any part hereof as to services or payment not delivered; or (b) suspend this Agreement in whole or in part for the duration of the delaying cause. Westfield, in its sole discretion, may elect to resume performance of this Agreement immediately after the delaying causes ceases. Choice of Law. This Agreement shall be govemed by the internal laws of the State of California Authority. The signatories hereto warrant and represent to each other on behalf of themselves and the party for whom they are signing that any and all corporate or other authority required in order to enter into this Agreement and perform any and all obligations provided for herein have been obtained and that this Agreement constitutes the binding obligation of the party for which they are signing. Headings. The headings used in this Agreement are used for ease of reference only and do not constitute substantive matter to be considered in construing the terms of this Agreement. IN ADDITION TO EACH PARTY'S AGREEMENT TO EACH OF THE ABOVE PROVISIONS, EACH OF THE PARTIES HERETO AGREE TO THE PROVISIONS BELOW THAT ARE MARKED WITH AN "X" NEXT TO THE HEADING OF IRE APPLICABLE SECTION. ❑ Indemnification. The Releasing Parties, hereby absolutely and unconditionally release and forever discharge each of the Released Parties from any and all claims, known and unknown, which any of the Releasing Parties may have now or in the future against any of the Released Parties, or any other liability, which arises out of injury or damage resulting from Client's access to the Shopping Center, the Event or Client's activities at the Shopping Center , regardless of how such injury may arise, regardless of who is at fault or whose negligence caused such injury, even if the loss is caused by the neglect or fault of any of the Released Parties. Client also waives all rights of subrogation against each Released Party. Client hereby represents and warrants that none of the Releasing Parties have previously assigned to anyone any claim covered by this paragraph. X Insurance. Client shall at all times during the term of this Agreement keep in full force and effect and shall maintain and pay all premium costs for the following insurance coverages in amounts not less than specified herein and shall furnish Westfield with Certificates of Insurance evidencing compliance with the following provisions: (a) Statutory Workers' Compensation including Employer's Liability Insurance, subject to limits of not less than $500,000.00 affording coverage under the applicable Workers Compensation laws. Westfield shall cause, if allowed by law, its workers' compensation carrier to waive insurers right of subrogation with respect to Client, its partners, parents and affiliated companies. (b) Commercial General Liability insurance for limits of not less than $1,000,000.00 per occurrence Bodily Injury and Property Damage combined; $1,000,000.00 per occurrence Personal and Advertising Injury; $2,000,000.00 aggregate Products and Completed Operations Liability; $100,000.00 Fire Legal Liability, and $2,000,000.00 general aggregate limit per location. The policy shall be written on an occurrence basis with no deductible. 2 (c) Automobile Liability hrsura. . with a limit of not less than $1,000,000.00 combine, .1 covering all owned, non -owned and hired vehicles. (d) Umbrella Liability Insurance at not less than $1,000,000.00 limit providing excess coverage over all limits and coverage noted in Paragraphs (b) and (c) above. This policy shall be written on an occurrence basis. (e) Additional Insured Requirements. (i) Client's Insurance Policies: Policies (b), (c) and (d) above shall list Westfield America, Inc., a Missouri corporation, Westfield Corporation, Inc., a Delaware corporation, Plaza Bonita, LP, and each of their respective parents, partners, affiliates and subsidiaries and the officers, directors, employees, agents and representatives of all as "Additional Insured" with respect to any and all claims arising from the performance of Client's services. Further, coverage for the "Additional hunted" shall apply on the primary basis irrespective of any other insurance, whether collectible or not, only to the extent of Client's liability. (ii) Client shall be responsible to pay said additional premium charge to their insurer should any additional premium be charged for such coverage or waivers. All insurance furnished by Client hereunder shall be in full force and effect at all times covering the performance of the services by each party. (iii) Upon signing hereof, Client shall deliver to the other satisfactory evidence of the required insurance coverage on a certificate form approved by Westfield or, if required, copies of the policies. All required insurance will be placed with carriers rated no lower than A-: 10 in the most current edition of A.M. Best's Property Casualty Key Rating Guide and will provide thirty (30) days written notice of cancellation or non -renewal which notice shall be forwarded to the other party. The stipulated limits of coverage above shall not be construed as a waiver of the party's obligation to provide the insurance coverage specified. IN WITNESS WHEREOF, the parties hereto have executed this Event Agreement as of the date first written above. CLIENT City of National City WESTFIELD PLAZA BONITA, LP A Delaware Limited Partnership By: By: Name: Name: Title: Title: 3 EXHIBIT A EVENT DESCRIPTION Event Name: Regional Law Enforcement Teddy Bear Drive City/State: National City, California Venue: Westfield Shoppingtown Plaza Bonita Date and Time: Tuesday December 14, 2004 from approximately 7am-10am (before mall hours) Estimated Number in Attendance: N/A Event Description: Regional Law Enforcement Teddy Bear Drive Other: *The Shoppingtown must be referred to by its proper name in all collateral: Westfield Shoppingtown Plaza Bonita. *Westfield Shoppingtown Plaza Bonita will: provide use of Food Court area, PA system, podium, backdrop and stanchions (if available). *Any radio stations that come to Westfield Shoppingtown Plaza Bonita are subject to volume control, as deemed appropriate by Westfield Management or Security. The radio stations may not bring their promotional materials into the Shoppingtown, or hang banners, stickers, eta without the prior approval by Westfield Shoppingtown Plaza Bonita management *Due to noise ordinances, minimal noise will be allowed on the East side of the Shoppingtown before lam. *A media recap will be provided to the Shoppingtown, if applicable. *All issues subject to final approval by Westfield ADDITIONAL INSURED LANGUAGE PLAZA BONITA Westfield America, Inc., Plaza Bonita LP, Westfield Corporation, Inc., and any and all of their respective parents, partners, subsidiaries and affiliates, together with any mortgagee from time to time of the Landlord's interest, are named as an additional insured, as their interests may appear. Certificate Holder: PLAZA BONITA LP a Delaware limited partnership 3030 Plaza Bonita Road #2075 National City, CA 91950 The insurance certificate should be sent to: Attn: Heidi Berglin, Marketing Coordinator Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road #2075 National City, CA 91950 Rev. September 14, 2004 MEMORANDUM OF INSURANCE ISSUE DATE 10/15/04 ALLIANT DRIVER ALLIANT INSURANCE SERVICES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 (949) 756-0271 THIS MEMORANDUM IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER. THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. * INSURED SAN DIEGO POOLED INSURANCE PROGRAM COVERAGE AFFORDED BY AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY NATIONAL CITY JOINT POWERS FINANCING AUTHORITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency.' * MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. MEMORANDUM MEMORANDUM MEMORANDUM LIABILITY OMITS IN THOUSANDS LTR TYPE OF COVERAGE NUMBER EFFECTIVE DATE EXPIRATION DATE EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY SELF INSURED 07/01/04 07/01/05 BI & PD COMBINED 100, N/A PERSONAL INJURY INCL B EXCESS LIABILITY' • SDC 0019 07/01/04 07/01/05 BI & PD COMBINED 1,900, * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS REGIONAL LAW ENFORCEMENT TEDDY BEAR DRIVE TO BE HELD AT WESTFIELD SHOPPINGTOWN PLAZA BONITA ON DECEMBER 14, 2004 ""THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID LOSSES Al MEMORANDUM HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED EXPIRATION DATE THEREOF. THE AUTHORITY WRITTEN NOTICE TO THE HOLDER NAMED CONTRACTS BE CANCELLED BEFORE THE WILL ENDEAVOR TO MAIL 30 DAYS' HEREON BUT FAILURE TO MAIL SUCH PLAZA BONITA LP NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. FxcPPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. A DELAWARE LIMITED PARTNERSHIP 3030 PLAZA BONRA ROAD #2075 AUTHORIZED SIGNATURE NATIONAL CITY, CA 91950 ,2 / ,. GUPUniHsendpipMsn, abifaNShcfab cenSa-Tab.Pri.doc ISSUE DATE (MMIDD/W) CPEIA-WC-394 CERTIFICATE OF COVERAGE 10/14/04 CSAC Excess Insurance Authority C/O DRIVER ALLIANT INSURANCE P.O. BOX 6450 SERVICES, INC. (949) 756-2713 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIG- UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTEI THE COVERAGE AFFORDED BELOW. COVERAGE AFFORDED BY: A - CSAC Excess Insurance Authority NEWPORT BEACH, CA 92658-6450 UCENSE #0C36661 PHONE (949) 756-0271 / FAX COVERAGE AFFORDED BY: B - CPBAMEMBER: CITY OF NATIONAL CITY ATTN: KASSIA KOSSYTA 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 COVERAGE AFFORDED BY: C - COVERAGE AFFORDED BY: 0 - COVERAGE AFFORDED BY: E - Coverages THIS IS TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FORTE PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE MEMORANDUMS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUMS. CO LTR TYPE OF COVERAGE MEMO NUMBER COVERAGE EFFECTIVE DATE (MMIDD/YY) COVERAGE EXPIRATION DATE (MMIDDIYY) LABILITY LIMITS A OTHER EXCESS W.C. & EMPLOYERS' LIABILITY CPEIA-04-EWC-58 07/01/2004 07/01/2005 W.C.: $95,000,000* EXCESS OF $500,000 EL: $5,000,000* EXCESS OF $500,000 SUBUMIT: $20 MILLION PER OCCJANNUAL AGG. AS RESPECTS TERRORIST ACTIVITY EXCLUDING NBCR EXCESS OF $10 MILLION * LIMITS APPLY PER OCCURRENCE FOR ALL PROGRAM MEMBERS COMBINED. AS RESPECTS EVIDENCE OF COVERAGE FOR THE REGIONAL LAW ENFORCEMENT TEDDY BEAR DRIVE TO BE HELD AT WESTFIELD SHOPPINGTOWN PLAZA BONITA ON DECEMBER 14, 2004. Certificate Holder PLAZA BONITO LP A DELAWARE LIMITED PARTNERSHIP 3030 PLAZA BONITA ROAD #2075 NATIONAL CITY, CA 91950 Cancellation SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUMS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED CSAC- REPRESENTATIVE EXCESS INSURANCE AUTHORITY Endorsement Per Contract Effective 7/1/04 Contract Number SDC 0019 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply. 1. Section III — Persons and/or Entities Insured, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a is covered by this Memorandum of Insurance; and b. arises out of: 1. the normal course of the Named Insured's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Insured; or 3. work performed for that insured by the Named Insured; or 4. that Insured's .financial control of the Named Insured; or 5. the main'tenance, operation or Use by the Named Insured of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Insured agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Insured ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0019 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 1 day of July , 2004. By: Authorized Representative City of National City, California COUNCIL AGENDA STATEMENT November 16, 2004 .dEETING DATE 39 AGENDA ITEM NO. / ITEM TITLE PREPARED BY EXPLANATION This is a request from the Bethel Church to conduct a toy and food give-away Friday, December 10 from 5 p.m. to 10 p.m. They will give away toys at the church located at 1200 E. 8th St. In addition each family will receive a bag of food. TEMPORARY USE PERMIT — BETHEL CHURCH - TOYS FOR JOY ON DECEMBER 10, 2004 AT 1200 EAST 8 114 STREET utierrez, 6-4211 DEPARTMENT Building and Safety Entertainment will be provided in the form of gospel and inspirational music from choirs and contemporary musical bands. Amplifiers and stages will be used for this. Tables will be set up to provide food and information. A children's area with jumpers will be set up to entertain the children. The church is requesting the closure of L Street between the church property and 8th Street. The church is requesting a waiver of fees. The event and organization qualify for a waiver of fees per City Council Policy Number 704. Environmental Review • NBA Financial Statement Approved By: Finance Director The City has incurred $345 in costs for processing the T.U.P. through various City departments. Account No. STAFF RECOMMENDATION Approve ept�hee Appnlicatidn for a Temporary Use Permit subject to compliance with all BOARD / uummisS1bNpRECOMMdE�rDATIONaiver of fees. N/A ATTACHMENTS ( Listed Below ) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9•99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Bethel Church EVENT: Toy Give-away DATE OF EVENT: December 10, 2004 APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [. ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] Health Department, San Diego Transit and National City Transit have been notified. CONDITIONS OF APPROVAL: FIRE 336-4550 1. Maintain Fire Department access at all times. 2. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Permit fees are $85.00. Fees can only be waived by the City Council. 3. 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. 4. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. 2-A:10-B:C fire extinguishers are required at each cooking booth. RISK MANAGER 336-4240 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City and its officials, employees, agents and volunteers be named as additional insured on above policy. 3. Standard hold harmless signed. (Done) 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. 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. 3. 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 & Recovery Division, Business License Section. POLICE 336-4400 1. The Police will assign 2 reserve officers to work the event along with senior volunteers. Church members will provide crowd control. ENGINEERING 336-4380 1. Call Engineer Department at least 72 hours prior to the event for any necessary coordination with the contractors in the event of construction in the vicinity. CITY ATTORNEY 336-4220 1. Require 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. PUBLIC WORKS 336-4380 1. Street crew will place signs out. Cost $169.72 Fair _ Demonstration _ Grand Opening To Fe n Jc y Actual Event Hours: S PMam/pm to 10 f 1 am/pm Setup/assembly/construction Date: ( D7Start time: % 42'l Type of Event: _ Public Concert Parade Motion Picture Event Title: Festival Circus Other /Community Event Block PaiILDING AND SAFETY DEPT. RECEIVED n CT t 3 2004 Event Location: /2 d 0 &AST g ttf STAR r tt%it r0 ns it L 0 to TlG lil. L CITY, CALIF. Event Date(s): From 12- (D -DYto 3 10 _O YTotal Anticipated Attendance: 'kB(y (9WO Month/Day/Year (2-Sb Participants) ( Spectators) Please describe the scope of your setup/assembly work (specific details): % s"7-4-6 F ; SEnr e-nvit rdr- 7-A.&-&-- tits -erg. , Ri471 ft I #r-e-d' 74 Al ES, C A;AA ( eat A / or) tt/s T ET-A-i/ 114411, Un rr &€ 6i v�.J Dismantle Date: Completion Time: /d -//: eam/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. doss; ,g / sr, 7Uj r 61-6 t r .A-L Ovx P,op `T 5i s h rheet 77 C"Mew, 02- of;'‘ S MA-7° e. Situ- 6 Sponsoring Organization: 4 &Tf/ P'( Ci/"U,// / %4f/4- Alf t7 For Profit Not -for -Profit Chief Officer of Organization (Name) //u///M t A, pk(=576,4 Applicant (Name): it)/ /i( (47v- /e .. fx—e-c ev Address: 3 i(8 f /c l ( te7 - j,� CCU C!q l/Z 7 z(( ' /© 2,47- Da time Phone: (ta(1) Evening Phone: (4(y) t421-3 ?% V Fax: ( ) Contact Person "on site" day of the event: l il/«l;-,. Ai - I (6iu Pager/Cellular: 6(j 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): V YES _ NO YES ✓NO /61k-\ < $ N-6),J Estimated Expenses for this event. $ ND $b— What is the projected amount of revenue that the Nonprofit Organization will $ N 0D— Estimated Gross Receipts including ticket, product and sponsorship sales from this event. 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. M, w> a-vT ©o r f ILl hr k Fts,vcta c$ t tr (� ‘k') (oT- N P t (J e 6 V TIOl/ S PlN% Po 1 our 44144.7, YES 7-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: ni 9 YES VNO 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 /NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES /'NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES -"-NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES !NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: fat! (3<- Sa 6437-- w wt, u f posc(op- ` f G f - ClMrg-f Cf a(- vtra. If you intend to cook food in the event area please specify the method: 5L 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: (WA.) nisi 5 t�ae cut t 3 Please describe your procedures for both Crowd Control and Internal Security: lvvckr 1 Grtvn at 14 (I) S Ata//3 6µG3 £c(f( A'- /U-f(/Girt r/cou� LLl( kt-s_ Ices-obrit, pc/(cam_ ea-- j Pt) p.t ve'tiA.-J _YES V-NO Have you hired any Professional Security organization to arrangements for this event? If YES, please list: Security Organization: Nd nt Security Organization Address: handle security lire lAro In/4 ►aI O t Security Director (Name): Phone: V 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: W L to iz Trite"- tic fv7`c /oJo {�eti.ac7�u.3 Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Are- A -I t) !fib /1 t-1 e lee( Rzv 4 Ga Q ! Lq uRd rt STr o yr go-0 6 c O1a t Cc cn'J R.6.-1,.,,tz+.01- t (C. Please describe your Accessibility Plan for access at your event by individuals with disabilities: eint.i--tN7 cr ! sn t L�-- ee.,Lra..r J Please provide a detailed description of your PARKING plan: Fhru.e_. P('e.✓ezt D 04wiL-.'<V', ifiar`atneeti' is &'AJ t1k 11 uatccd 311) 7 S-c. - A` Pc Allt(Cmt55 /D ,J f 4-An) BtJ— Please describe your plan for DISABLED PARKING: ew ill C D crt: (pentfr-/•tt j ( (cirri 444-4(-c� Please describe your plans to notify all residents, businesses and churches impacted by the event: eve RA -vs octet f t it �. S $ K l a vz A-Ar.0 -d Al 4 Pivo 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: c S¢/w,t5 / 6css®vi /YES NO Will sound amplification be used? If YES, please indicate: Start time: S Pi," am/pm Finish Time i D am/pm Y YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: :;1) E' "- amPpm Finish Time � am/pm Please describe the sound equipment that will be used for your event:�y�/ 5DOAR? h�l* 4- r jat,�km- Bn tvNAtr=N9� j (AUSibW Att-A _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: /YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: I;,A<uae-wes, eot lam- t"l,4.45C 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 "Ctt ( 512-(f at ( (f ' t4 ( d(' nnt77vvOnri a(47 Person in Charge of Activity Address Telephone !'vim o R•t5-f „4- (01 Date(s) of Use , f ? — 2 (t6 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 AOplicant 1)1t rt/fk 0, Official Title For Office Use Only Da te ib-9— 2ao( Certificate of Insurance Approved Date 7 RES. UESV OR A' WAIVER Of FEES Non-profit organizations, which meet the criteria on page v of the instructions,.will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? an V/ 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 'ek e( G' ( Type of Organization C 'Uitti�i (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? JD Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. kvb 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: Sig ature No (P lease sign the form and submit it with the TUP Application) (�-$� Eby Date 9 JUNGTIoN g D GENEP..RTR i F71 I \N s *?/ L ro Foo D d btu. tJ K 8 00 Tit POZA POTTY FUN AP EA RESOU.CE t30OTHS• 6 0 -r 0 0 to CARL' 5 J JZ.s 46 -Ft Community Services Department Memo To: Mayor Nick Inzunza and Members of the City Council From: Leslie Deese, Community Services Director Date: November 16, 2004 Re: ADDED ITEM - COUNCIL AGENDA OF NOVEMBER 16, 2004 Attached is a request by the Sweetwater High School JROTC to use the Martin Luther King, Jr. Community Center, and to waive the fees for their "First Promotion and Change of Command Ceremony" on Tuesday, December 7, 2004. The JROTC submitted this request in September but the Community Services Department inadvertently misplaced it when the responsibility for booking the center was transferred to our Department. The next City Council meeting is scheduled for December 7th, which is the same day as the scheduled ceremony. I therefore respectfully ask the Council to consider this item at tonight's meeting. If you need additional information or have questions, please call me at x-4242. Thank you for your consideration. Attachments xc: City Manager City Attorney City Clerk City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 16, 2004 AGENDA ITEM NO. ITEM TITLE REQUEST TO USE THE MARTIN LUTHER KING, JR. COMMUNITY CENTER BY THE SWEETWATER UNION HIGH SCHOOL MARINE CORPS JROTC AND WAIVER OF FEES FOR THEIR "FIRST SEMESTER PROMOTION AND CHANGE OF COMMAND CEREMONY" ON TUESDAY, DECEMBER 7, 2004 PREPARED BY DEPARTMENT Leslie Deese Community Services EXPLANATION Phone: (619) 336-4242 The Sweetwater Union High School Marine Corps JROTC is requesting use of the North Room of the Martin Luther King, Jr. Community Center for their "First Semester Promotion and Change of Command Ceremony" on Tuesday, December 7, 2004 from 6:00 p.m. until 9:30 p.m. Approximately 300 people will be attending. Costs: Building: $246.26 Custodial: 106.12 Total $352.38 Waiver of fees is also being requested. This is an acceptable category of use according to the City Council adopted "Rules and Regulations for the Use of the Martin Luther King, Jr. Community Center." However, it would take the approval of the City Council to waive the fees. Environmental Review Financial Statement N/A Loss of $352.38 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision on use of the Community Center and waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter dated September 16, 2004 from the MCJROTC Unit A-200 (9199, MCJROTC UNIT Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 16 September 2004 Mr. Stephen Kirkpatrick Public Works/Engineering 1243 National City Blvd. National City, CA. 91950 Sir, Request the use of the Martin Luther King, Jr. Community Center on Tuesday, 7 December 2004 (6-9:30 p.m.). First semester promotion and change of command ceremony will be conducted. In addition, facility fees waiver is requested. The required application for use of the facility was submitted. Favorable consideration is appreciated. Sincerely, Rober( cks Colonc�lUSMC (ret) Senior Marine Instructor APPLICATION FOR USE OF THE MARTIN LUTHER KING, JR. COMMUNITY CENTER TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting when the items going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations". Name of Organization: Business Address: Name of Applicant: MCJROTC UNIT SWEFTWATER HIGH SCHOOL 2900 HIGHLAND AVENUE NATIONAL CITY, CA 01050-7495 calayleL Address: 't) l�z gib a h4 %'J bevict ,e 1'C +�7t 1 - , cA- Telephone Number: day 6/51) '177- 3745-4 evening 4W--112-i Type of Function: %V)C5 ?Z01 C. M12- 9 016-41- Date Requested: 17.k J l '% DE'Cry 16c2 2-00 zP Decorating Time: a CV (am/0 to 7 : oz., (am/ r0r Function Time: 7 - cc (am/0 to C7-` 0-0 (am/e) Clean up Time: cl-' (am/0 to .7 r 30 (am/ Use of Kitchen: X' no yes if yes,fTime. (am/pm) to — (am/pm) Number of Participants: 300 Will Admission be charged? 100 If yes, Amount $ Will this be a fund raising event? Will alcohol be served? /\10 If yes, ABC Permit Submitted? Certificate of Insurance attached? i' S Special configuration of tables or chairs required? e5 If yes, attach sketch. Special equipment required? If yes, attach list. Copy of Rules & Regulations provided? Initials Certificate of Insurance attached? How many times in the last two years have you used the Community Center? / If applicable, how much did you pay for building and/or custodial fees? 1.10 F S/(,ci wd£-ECD I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE MARTIN LUTHER KING, JR. COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO ALL OF ITS PROVISIONS. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's t a— i c7—/ 03 Signature of p. icant Date rev.02/03 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 SC.L.le_-c— � CMC-avi 1) 5:7-4lcwt- h/ C-Me t Person in charge of activity Ca69Ylef, EdoE..IZ.� �_ � yrJ1 Q 6/-C Address , 1"1Z3 keatzi /%?-nu.t,/1_CGi 9/2JV Tellephonee titJL/77-3`75`C City facilities and/or property requested rnl xlci t.eAl �mu� Date(s) of use r �P o,,... `� £-e'v+63e2-4- 2e-a. r HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. SignatuL3: Ap icant Certificate of Insurance Approved by fficial Title Date Chief Financial Officer Name and Title. rev. 02/03 Client#: 2524 SWEETWUNI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/01 /D4 PRODUCER John Burnham Insurance Svcs 16 CA Lic 0099753 / 750 B St, #2400 Diego, CA 92101 231-1010 INSURED San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 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 INSURER A: Permissively Selfdnsured INSURER B: NAIC # INSURER C: INSURER D: INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRC TYPE OF INSURANCE POLICY NUMBER . POLICY EFFECTIVE DATE IMMRDD/YY) POLICY EXPIRATION DATE IMM/DO/YY) LIMITS GENERAL LIABILITY — EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea $ CLAIMS MADE — OCCUR occurrence) MED EXP (Any one person) $ - PERSONAL & ADV'INJURY $ - GENERAL AGGREGATE $ GEN'L'AGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMP/DP AGG $ POLICY 28-, I '. LOC AUTOMOBILE — LIABILITY ANY AUTO - COMBINED SINGLE LIMIT (Ea accident) $ A ALL OWNED AUTOS BODILY INJURY (Per person) $ — HIRED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO HAN EA ACC $OTHE AUTO ONLY: AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE $ — $ — DEDUCTIBLE RETENTION $ - $ A WORKERS COMPENSATION AND • • EMPLOYERS' LIABILITY JPA Memorandum 07/01/04 07/01/05 . - WC STATU- TORY LIMITS OTH- ER . ANY PROPRIETOR/PARTNER/EXECUTIVEg e of Coverage E.L. EACH ACCIDENT •$1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L DISEASE - EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below EL DISEASE- POLICY LIMIT $1,000,000 OTHER - DESCRIPTION OF OPERATIONS / LOCATIONS !VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS Re: Lease Agreement City of National City -Mayor's Office Attn: S. Kirkpatrick 1243 National City Boulevard National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 2 #M16231 AU(AUTHORIZEDZED REPRESENTATIVE C DSW © ACORD CORPORATION 1988 Client#: 2524 PRODUCER John Burnham Insurance Svcs 16 CA Lic 0099753I750 B St., #2400 c.--, Diego, CA 92101 231-1010 INSURED SWEETWUNI ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/18/04 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 COVERAGES San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 INSURER A. Ins Co of State of PA/MTS INSURER B: Issued with WITS Insurance JNSURERC. Services permission INSURER D: NAIC # 19429 I INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUU`L LTR INSRE A TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X I OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO- -I POLICY JECT JECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO 42041905 Limit is the difference between S.I.R. and $1,000,000 POLICY EFFECTIVE DATE (MM/DD/YY) 07/01/04 POLICY EXPIRATION DATE (MM/DD/YY) 07/01/05 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $1,000,000 PRODUCTS - COMP/OP AGG $5,000,000 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ EXCESS/UMBRELLA LIABILITY IOCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE AGG $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Lease Agreement. The City and its officers, agents and employees are additional insureds (general liability policy). CERTIFICATE HOLDER IWC STATU- TH- ORY LIMITS I IOER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ City of National City -Mayor's Office Attn: S. Kirkpatrick 1243 National City Boulevard National City, CA 91950 CANCELLATION Ten Dav Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE. EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL cm DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. CORD 25 (2001/08) 1 of 2 AUTHORIZED REPRESENTATIVE #M 16439 TTC O ACORD CORPORATION 1988