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2005 02-15 CC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — February 15, 2005 - 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 pasi!!o al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 2/15/05 PAGE 2 PRESENTATIONS Employee of the Month — Maria Marmolejo, Library Technician 30 year Anniversary — Fire Captain William Holloway PROCLAMATIONS Proclaiming Saturday, January 29, 2004 as: "WILLIAM POLIN DAY" Proclaiming Saturday, February 5, 2005 as: "EDITH HUGHES DAY" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the Minutes of the Regular City Council meeting of February 1, 2005. 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 of the City of National City approving Change Order Number Five for the library project with Jaynes Corporation and add patio area on the north side of the building that includes fencing, concrete amphitheater style seating, and lighting to be used for children's programs in the total amount of $33,121 and authorizing the City Engineer to sign the change order. (Engineering) 4 Resolution of the City of National City approving Change Order Number Six for the library project with Jaynes Corporation to revise the roof assembly around the mechanical equipment in the total amount of $31,424 and authorizing the City Engineer to sign the change order. (Engineering) 5. Resolution of the City of National City approving Change Order Number Seven for the library project with Jaynes Corporation to enhance the finish of "entry quote wall" at the entrance to the library in the total amount of $44,368 and authorizing the City Engineer to sign the change order. (Engineering) CONSENT CALENDAR (Cont.) COUNCIL AGENDA 2/15/05 PAGE 3 6. Resolution of the City Council of the City of National City supporting legislation amending the Americans with Disabilities Act to require notice prior to filing legal action. (City Manager) 7. Resolution authorizing appropriation of FY 2004/2005 Supplemental Law Enforcement Services Fund for $100,000.00. (Police) 8. Resolution accepting the lowest, responsive, responsible bid, for three pick-up trucks, from Perry Ford of National City in the amount of $38,099.22. One truck for Stormwater Inspector from sewer funds, and two for Code Enforcement/Lead Division from grant funds. (Purchasing) 9. Resolution of the City of National City approving the deferral of Ordinance No. 1491 and granting of "Covenant Running with the Land" to property owner at 2019 "D" Avenue, City of National City. (Engineering) 10. Resolution of the City of National City approving and granting an encroachment permit in connection with the front yard retaining wall at 3203 Stockman Avenue. (Engineering) 11. Resolution of the City Council of the City of National City authorizing funds in the amount of $20,789 for the reimbursable grant purchase of equipment for the Police Department from the FY03 State Homeland Security Grant — Supplemental Program. (Fire) 12. Disclosure of property interest within redevelopment project area: Mayor Nick Inzunza. (City Attorney) 13. WARRANT REGISTER NO. 28 (Finance) Ratification of Demands in the amount of $1,343,877.05. 14. WARRANT REGISTER NO. 29 (Finance) Ratification of Demands in the amount of $1,128,526.43. COUNCIL AGENDA 2/15/05 PAGE 4 CONSENT CALENDAR (Cont.) 15. Claim for Damages: William Rogers (City Clerk) PUBLIC HEARING 16. Continued Public Hearing — Conditional Use Permit for a wireless Communications facility on National City Middle School property at 1701 D Avenue. (Applicant: Terra Tech Communications for Nextel) (Case File CUP-2004-12) (Planning) 17. Public Hearing — Tentative Subdivision Map and Conditional Use Permit to convert 29 apartment units to condominiums at 900-910 Manchester Street. (Applicant: Westone Management Consultants) (Case File No.: S-2004-15/CUP-2004-24) (Planning) 18. Public Hearing on the formation of Residential Permit Parking District "J" located on the east side of Hoover Avenue between 14th Street and 15th Street. (Sheppard, TSC Item No. 2005) (Engineering) NON CONSENT RESOLUTION 19. Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's vehicle license fee receivable from the State, and directing and authorizing certain other actions in connection therewith. (Finance) ORDINANCES FOR ADOPTION 20. Ordinance rezoning certain parcels of real property pursuant to the Land Use Code from GP-PZ (RS-2) to GP-PZ (RT) for a 4.2 acre property on the east side of Cypress Street and adoption of an amendment to Title 18 (Zoning) of the Municipal Code regarding the number of units permitted on a lot in the RT zone and separation of buildings on a lot in the RS-3, RT, and RM-1 Zones. Applicant: Cypress Glen LLC. (Case File Nos. GP-2004-2/A-2004-3. (Planning) COUNCIL AGENDA 2/15/05 PAGE 5 ORDINANCES FOR ADOPTION (Cont.) 21. An Ordinance of the City Council of the City of National City amending Ordinance No. 2004-2254, pertaining to a moratorium on the establishment of checks cashing businesses and payday advance businesses, by adding Section 6 thereto to establish an exception to said moratorium. (City Attorney) NEW BUSINESS 22. Status Report: Schedule for processing of the Community Development Grant (CDBG) and Home Investment Partnership Act (HOME) program applications and new five-year consolidated plan. (Community Development Commission) 23. Temporary Use Permit — Synergy Research Center — Annual Company Picnic at 1908 Sweetwater Rd., Saturday, February 19, 2005. (Building & Safety) 24. Temporar Use Permit — Pentecostal Missionary Church — District Convention at 2410 E. 8 Street from February 21-27, 2005. (Building & Safety) 25. Temporary Use Permit — American Athletic Club — Racquetball Tournament at 2539 Hoover Avenue from February 24-27, 2005. (Building & Safety) 26. Temporary Use Permit — National City Living History Farm Preserve Inc. — Farm Day at 1808 F Avenue from March 1, 2005 to March 12, 2005. (Building & Safety) 27. Temporary Use Permit — National School District — Parents as Teachers 18th Anniversary at Kimball Park. Saturday, May 7, 2005 from 10:00 a.m. - 2:00 p.m. (Building & Safety) 28. Temporary Use Permit — Respiratory Department Paradise Valley Hospital — World Asthma Day Health Fair at Kimball Park on Saturday, May 7, 2005 from 10:00 a.m. — 2:00 p.m. (Building & Safety) COUNCIL AGENDA 2/15/05 PAGE 6 WRITTEN COMMUNICATIONS 29. Letter from Felipe Mendoza commending Rebecca Lattire for her exemplary service. 30. Letter from Mia Light commending Jeff Servatius for his outstanding services. STAFF MAYOR AND CITY COUNCIL CLOSED SESSIONS Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) Antonio Flores, et al v. J.C. Penney Corporation, Inc., et al; San Diego Superior Court Case No. GIS18683 Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One potential case) Public Employee Performance Evaluation -Government Code Section 54957 Title: City Manager Next Regular City Council Meeting — Tuesday — March 1, 2005 - 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 Performance Recognition Award — Maria Marmolejo Nomination Form I nominate Maria Marmolejo for the Performance Recognition Award for the following reasons: Maria Marmolejo started working at the National City Public Library on January 17, 1987. Maria worked part-time at the Library while attending Sweetwater High School, and in March of 1991 she was appointed to a full- time position. As a National City resident and Sweetwater graduate, Maria has a special community connection, enhancing her ability to provide excellent customer service. Maria is responsible for two public service areas: Circulation and Audio Visual. During the past year Maria has revised the training manual and implemented use of the manual for training new staff and retraining current staff. Maria capably manages her diverse staff, ensuring that public service desks are adequately manned, and her staff is providing the highest level of service to library patrons. Maria is extremely dedicated and her commitment to the Library's goals is evident in her job attitude and interest. Maria is highly motivated on a personal level, and always strives to ensure that excellent customer service is at the heart of her work. Maria has made personal sacrifices to continue her education, and is well on her way to her A.A. degree, with a determination to complete her B.A.! Nominated by: Anne Campbell, City Librarian 1/22/05 .u- �j't iwv iof Yatinnal Titv firaciantation WHEREAS, William Polin was born in Odessa Russia on January 29, 1905 and has resided in National City since 2001; and WHEREAS, William attended De Paul University in Chicago where in 1931 received a Bachelors Degree in Law; and WHEREAS, Mr. Polin worked in Chicago as an Attorney for the Reliable Mortgage Company for fifteen years; and WHEREAS, Mr. Polin and his wife moved to San Diego around 1962 where they enjoyed the company of each other and friends. They moved into the highlander Senior Residence in early 2001. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday January 29, 2004 as: WILLIAM POLIN DAY We call upon all citizens of National City to celebrate the 100th Birthday of Mr. Polin and his long history as a resident of National City. Inzunza Mayor Ron Morrison iV. Mayor .(N, Lui atiy Co ncilme Frank Parra Councilrn—rtnba Ro lie Zarate Councilwoman — 2 �: c - _,Y ,. fxocXama#ion WHEREAS, Edith Sherman Hughes has been a loyal and dedicated member of the National City Chamber of Commerce since 1950; and WHEREAS, in 1958, Ms. Hughes, after having begun her career as an Office Secretary, became the acting Executive Director, a role she held until 1975; and WHEREAS, Ms. Hughes left the Chamber in 1975 to enter the private sector, remaining active as a r+ ' member of the Board of Directors, including a term as President in 1984; and WHEREAS, in 1990, after almost having to shutter the Chamber, both Ms. Hughes and her husband were asked to help in the rebuilding process, receiving no salary for one year, and staying on full-time until 1993 and part-time until 1998; and f WHEREAS, on May 4, 1998, Ms. Hughes was back at the Chamber, albeit on a "temporary basis", but after a week on the job she was convinced to stay on, and stayed until early 2005; and WHEREAS, Ms. Hughes has received many awards over the years, including the "Governor's Award for Exemplary Older Worker" in 2000, and her most recent, the first -ever "Humanitarian Award" given by State Assemblyman Juan Vargas. THEREFORE, as Mayor & City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Saturday, February 5, 2005 as: EDITH HUGHES DAY We call upon all citizens of National City to recognize Ms. Hughes for her contributions to the National City Chamber of Commerce. Ron Morrison Vice Mayor o cilmember Nick Inzunza &LA -- Frank Parra Councilmemhei Rosalie Zarat Councilmember ITEM #1 2/15/05 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 1, 2005 ITEM #2 2/15/05 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 .EETING DATE 3 AGENDA ITEM NO. (-ITEM TITLE Resolution of the City of National City approving Change Order Number Five for the library project with Jaynes Corporation to add patio area on the north side of the building that includes fencing, concrete amphitheater style seating, and lighting to be used for children's programs in the total amount of $33,121 and authorizing the City Engineer to sign the change order. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering 336-4380 EXPLANATION This change order for an upgrade to the library project. It adds an outside patio area on the north side of the building. This outside secure area, which will primarily be used as a gathering place for children programs, was desired in the project, but was not included in the original design at bid time because the budget was a concern. Now that construction is well underway it is clear that the budget will accommodate this enhancement to the building. The cost of this building enhancement was negotiated with the contractor. Please see the attached change order for details of the pricing. Environmental Review N/A Financial Statement Approved By Change order number five is for $33,121. Funds are budgeted for this change order in the project account numbers 241-409-500-598-1583 and 242-409-00-598-1583. Account No. finance Director STAFF RECOMMENDATION Adopt the Resolution ti BOARD / COMMISSION RECOMMENDATION N/A \TTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Change Order Number Five jaynesfive A-200 (9.99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 5 WITH JAYNES CORPORATION IN THE AMOUNT OF $33,121 TO ADD PATIO AREA ON THE NORTH SIDE OF THE NEW NATIONAL CITY PUBLIC LIBRARY WHEREAS, the contract for the Library Construction Project was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004- 19; and WHEREAS, Change Order No. 5 is to add patio area on the north side of the new National City Public Library that includes fencing, concrete amphitheater style seating, and lighting to be used for children's programs, in the total amount of $33,121. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 5 with Jaynes Corporation in the amount of $33,121 to add patio area on the north side of the new National City Public Library that includes fencing, concrete amphitheater style seating, and lighting to be used for children's programs. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORIG L CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 8530 La Mesa Blvd. Suite 306 La Mesa, California 91941 go Number: C/O Initiation Date: Project 005 January 10, 2005 National City Public Library Contract No.: 1028 A Change Order is bereby recommended forthe following work in the amount identified in this document: DESCRIPTION OF CHANGE: 1. PR # 018; COR #047: Upgrade North Patio Area $ 33,121.00 REASON FOR CHANGE: The program called for the room to provide 64 seats and one teacher. This occupancy would require two exits from the room, with one of the two exits leading directly to the outside or into an exit enclosure. The project was designed for 49 occupants, which would only require one exit. The Architect presented several options for meeting the original program requirement for 65 occupants that would rearrange internal spaces, and one option of adding an external exit stair up to street level. None of the options were acceptable to the client. Upgrading the north exit to an enclosed exterior amphitheater was proposed as a way to provide an area close to the Children's Library; that would provide the 65seats required in the original program, and leave the design of the meeting room intact. The original design of the north exit would be modified to enclose the space with fencing similar to other fencing used on the project, and two tiers of concrete 12" high each, would be added to provide seating. The area of the paving of the north exit would be increased to make room for the amphitheater style seating. The specimen tree originally located within the space would be relocated outside, an electrical outlet would be added, and the wall mounted lights for the area would be relocated. COST RECONCILIATION: $ 33,121.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount $ 11,476,444.00 Net change by previously authorized Change Orders $ 91,312.00 Revised Contract Amount due to previous Change Orders $ 11,567,756.00 With this Change Order request the Contract amount increases by $ 33,171.00 New Revised Contract Amount.. $ 11,600,877.00 Change in Contract Time: Zero 'Calendar days Contract Coon Date: • 29 2005 Reco JECT CHITECT REPRESENTATIVE Gregory Ny; President (C.A.L) CTOR/ Jaynes Corporation Rick Cohen; Senior Vice President DATE OWNER/ City Of National City Steve Kirkpatrick; Director of Public Works/City Engineer DATE DATE Distribution: City Of National City (original w/all documentation) Jaynes Corporation (copy w/all documentation) DEB, Inc. (copy w/all documentation) Carrier Tohnson Architecture from/ w/all documentation) DATE :71AIA Document G709TM — 2001 Changes Proposal Request ROJECT (Name and address): ational City Public Library Ol N tional CityYBlvd ational;City :xC OWNER(Name{snit ess) g ITY'OF NATIONE •'Y 4. 11243{National Ctty"Blvd ' kr.. National City Ct �r9T950 .1 °'' FROM ARCHITECT (Narne and address): Carrieriohnson 1301 Third.=Avenue f SantDiego v'CA 92101 .. , O;CONTRACTOR(Name and address): iynes Coipoiatton General. Contractors OLalesaBlvd Suite306 esat CA lease subritit an itemized propbSall'Ar changes in the Contract Sum and Contract Time for proposed modifications to the „Contract Documents described herein. Within Fourteen (14 ) days, the Contractor must submit this proposal or notify the Architect, m writing, of the date on which proposal submission is anticipated. HIS IS NOTA CHANGE ORDER'ACONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK SCRIBED IN THE PROPOSED:='MODIFICATIONS. DESCRIPTION (Insert a wrwewdescription of the Work): • Provide a proposal for m aaterial and labor to upgrade the north terrace per the attached 5 sketches and the following narrative OWNER ARCHITECT CONSULTANT CONTRACTOR FIELD MARTIN GABEY, CONSTRUCTION MANAGER PROPOSAL REQUEST NUMBER: 018 DATE OF ISSUANCE: October 06, 2004 CONTRACT FOR: General Construction CONTRACT DATE: ARCHITECT'S PROJECT NUMBER: 4486.01 1. Increase•the,squarefootage from 920 SF to 1010 SF 2. Add two rows` of tiered concrete seating. 3. Increase length of site wall to extend behind seating 4 :;Increase the; height of the fence from 5'-0" to 6'-0" high, and adds a 6'-0" fence to the east end of the terrace to enclose thespace. Changes gate G-1 hardware type to G1A and add a new gate G-3 with G1A hardware. 5.;'Increase the concrete wall around gas meter from 42" high to 6-'0" high. Add perforated metal at gates and adjacent fencing to prevent outside entry. Add a four-plex outlet . 8. Area drain added that connects to storm drain 50' to the west of the drain. AIA Document G709TM — 2001. Copyright CD 1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA's Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:44:45 on 10/06/2004 under Order No.1000107577 4 which expires on 3/22/2005, and Is not for resale. User Notes: (251130855) nclncle'i emized credits for the following: educe the height of the concrete wall behind the seating to 18" as noted on drawings. emove the planter area within the terrace. ,Remove three (3) wall mounted light fixtures from concrete wall. "yd anges: ;Relocate the specimen t{ee in the terrace area to elsewhere on site and associated irrigation. st attached documents that support description): Kl North 'errace lvfodification Plan (11" x 17") C 2 'Modified South of North Terrace (11" x 17") ' Va11 section th;pugh the single seat at the terrace (8.5" x 11") K 4 Wa11'section thrt5ugh"the tiered seating at the terrace (8.5" x 11") v 5 ; Wall section through the fence (8.5" x 11") BY THE' ARCHITECT: . (Printed ncfine and isle) • ar AIA Document G709TM — 2001. Copyright ©1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:44:45 on 10/06/2004 under Order No.1000107577 4 which expires on 3/22/2005, and is not for resale. User Notes: — (251130855) FILL VOID WITH NON -SHRINK GROUT ARCHITECTURAL CONC. BENCH- COLOR A W/ SACRIFICAL COATING RADIUS EDGE 1" la, 2'-0 O"A 4 • d 0 0 0 0 GALV. TS 2 x 4 VERTICAL POST 2" SQ. VINYL COATED WIRE MESH- 10.5 GA. GALV. 2 X 2 TS .- 1/2" CHAMFERED CORNER BOTH SIDES W > A +18.5' T.O.W. 8" ARCHITECTURAL CONC. WALL COLOR A- W/ FLUID APPLIED SACRIFICAL COATING BOTH SIDES, LT. SANDBLAST FINISH- SEE 19/S4.02 FOR REINFORCING PROTECTION BD. OVER W.P. MEMBRANE + 15.5' .11 T.O. SEAT NORTH TERRACE 1.+14.8' H.P. - PERIMETER DRAIN (4" 0 PERFORATED). DAYLIGHT TO EXISTING GRADE IN PAfK BEYOND. #4 ,U, © NOTE: SEE 19/S4.02 2'-O" O.C. FOR STRUCT'L INFO. N. TERRACE MODIFICATION- SECTION SINGLE SEAT 0 SCALE: 3/4"=1 ' -0" CARRIER J O H N S O N AKNR[CNRE MEIUOII DESIGN MANNING 901 TAM MINA SW DIEGO, GNWNIM >1101 11E11019 2.131 FA1113a* 4217 NATIONAL CITY PUBLIC: LIBRARY CIIY.OF,NATIONAL CITY y NA!q 11N NATIONAL N.i':1ENA �if1G PROJECT N0. 4486-01 A1.04 PR- pi 8 A-SK 3 DATE: 9/27/04 NOTE: SEE A-SK 3 FOR NOTES +17.0' A T.O.W. +16.5' T.O. SEAT 2'— a 0 a a a 0 0 a 0 a a a a 0 to + 15.5' T.O. SEAT VARIES ►II 111 II SLOPE 11111 4 4 4 . 11111 11I1-IIIII IIIII_ II 11111-IIIII-IIIII .I11111111= 4 • e' Talk I III IIII IIIII Illl-�= =IIII =1111 a d 4 a • a• • i I I I I I I I I LL —J 8" W a IIII 11 IIII IIII Illl�•I(III- `)1111 �Illl-=_ _=�=IIIII-11111 lllil�lllll=lll�-11 =1fi • N. TERRACE MODIFICATION- SECTION TIERED SEATS SCALE: 3/4"=1'-0" CARRIER J OI-INSON NATIONAL CITY PUBUC!LIBRARY CITY.OF,NATIONAL CITY 1401lit R7Nµ C11Y MAX NAlp1W. C l CM1•0144, Ig6p 5 PROJECT NO. 4486-01 A1.04 PR-01$ A—SK 4 DATE: 9/27/04 NOTE: SEE A-SK 2 FOR NOTES GALV. TS 2 x 2 GALV. TS 2 x 4 VERTICAL POST 2" SQ. VINYL COATED WIRE MESH— 10.5 GA. CONC. SLAB ON GRADE NORTH TERRACE + 14.5' L.P. 0 0 0 0 0 T ->t to I I I I I I I LL —J 1'-0" 0 la +14.5' N TERRACE MODIFICATION- SFCTION FENCE SCALE: 3/4"=1'-0" PROJECT NO. 4486-01 A1.04 ARC1111ECNRF INmmPOR D(3ICN PLANNING 1301111I10 AVENUE ZW DiECO.G.003.44.3 73101 18.Alf LIT 3I31 1A1t 419 b9 LW NATIONAL,CF Y PUBLIC LIBRARY CITY OF,NATIONAL CITY MOI NAIUNAL CT' 3 /Q wA!nNALUIY.CAYLYNA$ 10 PR—Ol8 A—SK 5 DATE: 9/27/04 UPGRADE GATE TO HARDWARE .TYPE GiA PERFORATED MTL. +24.5' T.O.W. �I +18.5' T.O.W. +14.654 F.G. 2" SO. VINYL COATED WIRE MESH FENCING W/ GATE Au1.4.u1 ARCHITECTURAL CONC. COLOR "A" WALL W/FLUID APPLIED SACRIFICIAL COATING j1111/1p111I1'IlooI1'3 . ....,....1. 1 GALV. METAL HANDRAIL PER D1/— PERF. MTL. PANEL GATE AND BOTH ADJ. SECTIONS GATE WITH HARDWARE TYPE G1A 1: ...a91111111;.'::.I 1••91111111111 •••11 ppll ■ ....II 1 ...11 ..1•II •1 SEE PLAN FOR SPACING OF TS POSTS C.J. PER C1/- 1 1 C.LP. CONC. SEATS W/ LT. SANDBLAST FINISH N. TERRACE MODIFICATION- SOUTH ELEVATION 0 HIGH ARCH. CONC. WALL 0 STAI i / / h WIRE MESF/{/FE CE SLAB MQUNTE GALV, 1 DIA, METAL H4NDRAIL 2 X/4 TS PQST ALIG JTS. IN PAVING ER 0 E—S 0 FO ATING P01NT ELOCATED SPECIMEN TREE & IRRIGATION. COORDINATE FINAL LOCATION WITH LANDSCAPE ARCHITECT. N. TERRACE MODIFICATION- PLAN SCALE: 1 /8"=1'-0" / / 6'-0" WIRE MESH FENCE AREA DRAIN CONNECT TO STORI DRAIN NORTH OF LIBRARY— APPROX. 50' LENGTH OF PE CURRENT SF: 920 PROPOSED SF: 1010 wms� MMOM ueRsor �`�CRY .�i wa aYRw.w 4486-01 ` A1.02 PR— 0,T A—SK 1 wit 0/v/04 Foundation Drain - 20LF at S251LF Kahl- Area Drain Additional Area of Type C concrete "bands"- Negligible $0 Rosner Hardware TL Summers CONTRACT: 8 3057 JAYNES CORPORATION ESTIMATE FOR CHANG! ORDER JAYNES CORP. COR LOG 8 3057.047 CONTRACT TITLE: NATIONAL CITY PUBLIC LIBRARY CHANGE DESCRIPTION: PR 818- Changes at north terrace Delete: Add: $33,121 DATE: 11/12/2004 1. DIRECT LABOR HRS. Superintendent 0 $0.00 $0.00 Project Management 0 $0.00 $0.00 Carpenter Labour 0 0 2. INDIRECT LABOR COST (Labor Burden, etc.) 3. DIRECT MATERIAL $0.00 $0.00 $0.00 $0.00 L8,714 4. DIRECT EQUIPMENT O $40082 4A. Pumping (Listed as $2,047 for "Other+ on concrete estimate, adjusted par sgreen:ant) 1467 $1,0D0 5. SALES TAX MATERIAL & EQUIPMENT COST (7.75% OF LINES 3 AND 4 ff not already Included Lino 3) s0 6. DIRECT WORK SUBTOTAL (LINES 1 - 5) COMPANY $12,203 Note direct work total Includes credit for original wall SUBCONTRACTOR WORK Coatings and Sandblasting - listed as "Subcontractor' on concrete estimate $1,200 Pacific Coast Iron - fence and gate $8,357 REMARKS AMOUNT $500 Sunburst.Ebcttic $2,067 $1,715 Pacific Coast Steal NN Jaeschk• Saddleback $276 $1,596 $1,410 SUBCONTRACTOR WORK TOTAL: 4200 8880 CHANGE ORDER TOTALS $17,801 7. PRIME DIRECT SUBTOTAL 8, SUBCONTRACTOR WORK TOTAL $12,263 9. COC/BUILDERS RISK INSURANCE (0% LINE 7+8) $17,801 SO 10. GENERAL CONTRACTOR FEE (15% of LINE 7 and 5% of LINE 8) $2,730 11. GENERAL CONTRACTOR BOND (1% of LINE 7+8+9+10) GRAND 'TOTAL S328 533,121 TIME EXTENSION AND JUSTIFICATION REMARKS: WORK DAYS NAME AND TIT OF OFIPREPARER: Daniel Luker, Project Manager (Jaynes Corp.) ACCEPTED B' y, Cons ager (deb, inc.) co /6 215 i // 61922431853 PGSBACKUP PCS ALTERNATE FAX 6192431853 05:31:30 p.m. 10-29-2004 2 /2 PACIFIC COAST STEEL, INC. Contractors License ii: 645574 7155 Mission Gorge Road San Diego, CA 92120 Phone: (619) 286-3405 Fax: (619) 286-3603 Contractor: Jaynes Corp Date: 10/29/2004 Job Name: National City public Library PCS Job #: 04S-024 Description: Extra #: 8 PR# 018 N Terrace Modification Per A-SK1 THRU A-SK-4 Rebar: 807 LB's @ $ Labor Impact: Detailing: Delivery: 1 $ 159.00 /Load Sub Total = Profit & Overhead @ 10 % & 5% Sub Total = Bond Fee = Total Extra To Contract = 8 Man Hours @ $ 61.50/Hr 3 Hours @ $ 65/Hr 1°' Page 1 $ 363.00 $ 492.00 $ 195.00 $ 159.00 $ 1,209,00 $ 187.00 $ 1,396.00 $ 14.00 $ 1,410.00 4-2 Nc-v 03 04 04:46p SUNBURST ELECTRIC, INC. 6194767105 p.1 Sunburst Electric, Inc. Commercial # T-I " Industrial Change Order Proposal Type 1 Control # PR#18 Work Description: Added exterior oulets at north terrace. Unless otherwise stated herein, this proposal excludes premium time labor costs and work/repair of any kind for cutting, sawcutting, coring, patching, landscape, hardscape, sprinklers, painting, fireproofing, fire caulking, hazardous material work, UG locating and markout service, waterproofing and caulking, disposal of breakout spoils, disposal of spoils, asphalt and concrete. (Alladditional work is based upon the jolt conditions at the time ofihis proposal and includes the original contract terms and conditions, unless otherwise stated. We reserve the right to adjust the price and scope of this work if there is a change in the job conditions at the time this work is started We require your written change order, signed and dated before we proceed with this work) The total amount of this change order proposal addition consisting of 3 page(s), is $1,596.00 Date: November 3, 2004 To: Daniel Luker Jaynes Corporation 8530 La Mesa, Blvd., Suite 306 La Mesa, CA 91941 (619) 668-4080 /'(619) 668-4090 (Office) (619) 336-0350 / (619) 336-0322 (Job Site) Job Name: National City Library SEI Job Number: 04-002 C/O Proposal#: 7 and requires 1 additional working day(s). (This pricing is valid for 30 days) Sincerely, „Gat eawell Scott Kidwell This proposal contains proprietary information and is considered confidential to the recipient. /t is submitted upon the expressed condition that the information contained herein, along with any supporting documents, will not be released to competitors or otherwise be used directly or indirectly in a way detrimental to the interest of Sunburst Electric Inc. 337 W. 351' Street, Suite A, National City, CA 91950 LIC#738087 Phone (619) 476-7101 Fax (619) 476-7105 Member -National Electrical Contractors Association Affiliation-/IflVLOCAL 569 Niv 03 04 04:46p SUNBURST ELECTRIC, INC. 6194767105 p.2 JAYNES COPRORATION MATE FOR CHANGE ne ft AYNES cORP Cna r nn .�,_ -- - a CONTRACT: CONTRACT TITLE: 0 3057 NATIONAL CITY PUBLIC LIBRARY CHANGE DESCRIPTION: Add two outlets at north terrace Delete: Add: 61,596.36 1. DIRECT LABOR Electrician 12.42 829A0 $360.18 2. INDIRECT LABOR COST (Labor Burden, etc.) $241.32 DATE: 11/3h04 6. DIRECT WORK SUBTOTAL (LINES 1 . 5) COMPANY SUBCONTRACTOR WORK TOTAL: 7. PRIME DIRECT SUBTOTAL 8. SUBCONTRACTOR WORK TOTAL 9. COCBUILDERS RISK INSURANCE (.X(% LINE 7+8) 10. CONTRACTOR'S OVERHEAD PROFIT 11. GENERAL CONTRACTOR BOND(5% o1 L NE 7+8+9+ Ip)8+9) GRAND TOTAL, TIME EXTENSION AND JUSTIFICATION PR#10 REMARKS: Sunburst Electric* Exclusions per proposal cover letter! NAME AND TITLE OF PREPARER: 3. MATERIAL 4. DIRECT EQUIPMENT 5. SALES TAX MATERIAL & EQUIPMENT COST (7.75% OP LINES 3 AND 4 ff not already Included Line 3) i711.02 SO.00 555.10 HRS. SUDCONTRACTORWORK AMOUNT REMARKS 30.00 CHANGE ORDER TOTALS WORK DAYS 1 day(s) ACCEPTED SY: Scott Kidwell, Project Manager (Sunburst Electric, Inc. ) Daniel Luker, Project Manager (Jaynes Corp.) S1,367.62 31,367.62 $0.00 $205.14 523.59 51,596.36 v 03 04 04:47p 11/03/04 15:33 Item # Description SUNBURST ELECTRIC, INC. 6194767105 tIC.lihrny- p14IS XfIEt1S1i.RY_Pusr Oty -Price U Ext Price Labor U Ext Labor 1587 3/4" Locknut --- 01 Raceway, Ftgs, & Boxes --- 2300 3/8" Metal Stud Conduit Cli 3 22.46 C 2 105.44 C 2573 4' Square Deep Box (1/2 & 3/4 KO's) 13 435.02 C 2731 4" Square-1G Plaster Ring-5/8"D 1 182.26 C -- 01 Raceway, Ftgs, & Boxes Total --- 2787 #12 THHN CU Solid Wire -- 02 Wire & le -- 2918 12/3 Steel MC Cable w/Green Ground W 100 644.42 M --- 02 Wire & Cable Total 0.67 12.65 13.05 1.82 28.19 0.13 E 10.50 C 0.32 E 0.16 E 8.92 6.30 M 64.44 42.00 M - 73.36 0.39 1.26 0.96 0.16 2.77 0.84 4.20 04/1 5.04 4516 20A/125V Spec Grade GFI DupRcpt Wiring Devices & Covers -- 4674 1G Plastic Blank Plate • P ( 1 217.98 E Z0.28 \ 0.13 E 0.3 1 27.98 C 0.28 0.13 E 0.13 4731 1G Cast Rcpt Cover w/Hinged Lid 2 284.40 E 568.80 0.26 E 8261 Grndscr&Bare Pigtail 3 22.81 C0.0 --- 05 Wiring Devices & Covers Total -- 0.68 2.10 C 1.6 596.68 .45 -- 06 Underground/Site -- 1188 3/4" PVC Conduit 30 30.52 C 2061 3/4" PVC Male Adaptor 3 29.08 C 2115 3/4' PVC Coupling 3 15.25 C 2127 3/4' PVC Elbow 3 49.80 C --- 06 Underground/Site Total --- 6839 Red Wirenuts -- 07 Misc Total --- Job Total 9.16 3.94 C 1.18 0.87 0.17 E 0.51 0.46 0.06 E 0.18 1.49 0.32 E 0.96 11.98 2.83 --- 07 Misc 9 89.76 M 0.81 3.68 C 0.33 0.81 0.33 711.02 12.42 ' FROM : TL SUM DEV Oct. 18 2004 08:06AM P1 A By: �� T.L. SUMMERS DEVELOPMENT LI Date: (o 1 \0 FAX NO. : 619 445 3298 LIC: #464092 • P.O. BOX 1498 • ALPINE, CA 91903 • TEL. (619)445-3298 • PAGER (819)530-7018 LETTER OF TRANSMITTAL Yq al %„ g_s CA-r11s oat I0 » ©~ so 1 ci w rS-.%.,-. R� al WE AfIE SEtiOIIJG you -Machin' (l Under Separate cover vra [j (.) Shop drawings {-J Prints Plans Samples r.J ❑ Copy at letter / ` Change order (j COPIES DATE the following hems: �} Specilicallons oESCIa'!FON' Cam. < \w o I 1 N.a..�, <• G�,.� TI IESE ARE TRANSMITHEO as checked below: ❑ For approval 0 Approved as submitted 11 Resubmit copies tor approval 13-Kor your use f 1 Approved as rrolad ('.J Submit __ copies for distribution ('I As requested (.1 net 1.1Iot corrections 1 J Metter) ____ corrected prods r.7 For review and cortunent n _ [_j FOl BIDS out= _ 19 (.1) MINTS flE1 u111d6D APfEil LOAM.TO US REMAI1K8 _ 10/15/2004 14:31 5961860 RESNER HARDWARE PAGE 01 12038 WoorlsIde Avenue, Suite C • LAKESIDE, CA 92040 Phone (619) 596-1850 Fax (619) 596-1860 "Quality at..tul.Sery%Gei" Sawe, 1938 OCTOBER 15, 2001 JAYNES CORPORATION 8530 LA MESA BLI SUITE 306 LA MESA, CA 91941 PHONE: 668-4080 FAX: 668-4090 JOB PHONE: 6t9-668-4080 JOB FAX: 619-668-4090 CELL: 954-5807 PROJECT: NATIONAL CITY LIBRARY ATTN: JIM CRIMES CONTRACTOR'S CHANGE ORDER REQUEST # PR 018 RESI'1ERS CHANGE ORDER REQUEST # 12 OFFICE S PLJASEDJO SUBMIT QUR. QUOTATION ON THE ARCHITECTURAL CHANGES MADE QN THE ABOVE PROJECT (445 FOLLOWS. ITEM 1 DELETE <1> SET G-1 GATE G-1 ADD X 1) SET G 1 A GATE G-1 ADD 1) SET G-1A GATE G-3 ADJUSTMENTS PER THIS LE I"1'ER <$ 79.00 > $ 897.00 > < $ 897.00 > S 1,715.00 FACTORI1 LEAD TIME UPON ORDERING (6) WEEKS 1111 ABOVE CHANGES RAVE NOT BEEN INCORPORATED INTO IRE PROJECT' AT 'IHJ,S TIME. PLEASE SIGN 'AND RETURN SO OUR OFFICE MAY PROCEED WITH ORDERING THIS CHANGE ORDER. X CONTRACTOR'S NAME PAGER OF /7 Oct 28 2004 4:23PM SADDLEBACK WATERPROOFING 18582704938 p.2 Change Request Summary Job Name : National City Public Library Date : 10/18/04 Job Number : 304-102 Client Ref : PR #018 Description : Add for the installation of waterproofing at extended site wall behind seating "ADD" Change Request X "DEDUCT" Change Offer sf2 i i✓tJc 1400ki ;>:M 1'. $ - PR #018 Add amount to Install Grace Liquid Membrane and protection board $ - a at the increased length of the site wail extended behind the seating. 7 $ 314.70 $ - M Materials Used: $ - (6) Grace Liquid Membrane x 44.95 per 1.5 gal kit $ - ( (1) Amocor PB-4 x $45.00 per bundle $ - $ - $ - $ - $ - $ $ - :• ::::. D1.•rrONAL:L'ABORRAblutTYtt?tYi5.::*::::::::NOURti.:':: 0 MATERIAL HANDLING (3% of labor hours) MGMT / SUPERVISION (2% of labor hours) 0 ADDITIONAL LABOR HOURS -------> • •::•I�Se308&0EM9.E5: » :::.::•:C.. S:E »>: TRENCHING AND FILLING $ - CONCRETE PREP AND CORING $ - PERMIT AND INSPECTION FEES $ - SCAFFOLD/ MANLIFTS $ - TOOLS (NAPS/ROLLERS/BRUSHES) $ 16.50 I -RUCK $ 56.00 $ - TOTAL MISC JOB EXPENSE ------> .......... . ......::.' 'MATERIAL COST:`: »::::i::• :G S:... • i :: •••• TOTAL LISTED MATERIAL I�;I• • C 14•Z:` ;g�;l;1��,�l:nIIr_I $ 314.70 SALESTAX7.75% ,IrtIMIlrg74".`. $ 24.39 TOTAL MATERIAL COST `'; $ 339.09 TOTAL STD. LABOR HOURS ® $48.00 7 $ 336.00 ADD'L LABOR HOURS a $48.00 0 $ - OVERTIME HOURS Q $72.00 0 $ - TOTAL LABOR COST . $ 336,00 TOTAL LABOR COST $ 336.00 TOTAL MATERIAL COST $ 339.09 TOTAL MISC JOB EXPENSES $ 72.50 .SUBTOTAL O :CQ$TS?:i:::<::;:;::::: >:::. , :,:::;:y:;::::$:':`•>i':.': .... 7 S9i 15% NET OH & P $ 132.70 SADDLEBACK WATERPROOFING % g Nov 04 04 07:49a p. z kPAL JAYNES CO►RORAYION rrSy MATE v0,,RS'iNANG! oltpAR J&Y-He,$_C,ORV.,COR LOG it 3057-XX CONTRACT: d 3057 CONTRACT TITLE: NATIONAL CITY PUBLIC LIBRARY DATE: .:-0:$-04 CXANG:: COZ 7 1. ProvW. A Install one 6' NOS t.va drain and 5011 Of 6' $00(33 PVC atom d,* Ilnri. 1. DIRECT LABOR HRS. $0.00 LupCrv:w:nn 0 $0.00 $0.00 Pro;cc: 3:ananam:xr: 0 00.00 50.00 CarpenCor 0 S0.00 $0.00 Labpror 0 50.00 50.00 2. INDIRECT LABOR CO5T (L.l.ur BuWOn. rift.) 3. MATERIAL 4. DIRECT EQUIPMENT 5. SALE! TAX MATERIAL A EQUIPMENT COST (7.76% OP LINES 3 AND Al Knot alroady Included LI..ri 3) S.0.00 S0.00 $0.00 $0.00 6. OIRECY WORK SUBTOTAL (LINES 1 - 5) $0.00 SUBCONTRACTOR WORK COMPANY AMOUNT REMARKS. Kant Construction $1,797.48 a $43.93 S351.44 Oprirator Laborrir 6 443.93 i361A4 a 531.20 $249.60 Matarlal - Drakn, pipe. IMMO*, Iwddlny EquMn.rint • 420 GPckt:ori 0NAP 1 SAS5.00 $485.00 6 $45.00 S360.00 153 6268.62 SUOCONTRACTOR WORK TOTAL 62.06T.10 CHANGE ORDER TOTALS 7. PRIME DIRECT SUBTOTAL $0.00 6. SUaCONTRACTOR WORK TOTAL 9. COGI6UULDER$ RISK INSURANCE (.XXr+. LINE 7+8) 10. GENERAL CONTRACTOR PEE (X'%.et LINE 7+8+9) $2.007.10 00.00 00.00 11. GENERAL CONTI(ACYOR RON0 ( .XX*i, of LINE 7+6+94'10) GRAND TOTAL S2,067.10 YIME EXTENSION AND JUiTIP1CATI0N WORK DAYS REMARKS: NAME AND TITLE OF PRE►ARER: Daniel Lukrir, Project Manager (Jaynes Cow.) ACCEPTED 8Y: Martin Drawly, Construction Manaprir (drib, In..) /7 11/12/2084 11:49 16194619985 November 11, 2004 Jaynes Corporation 8530 La Mesa E1vd Ian Mesa, Ca 91941 PACIFIC COAST IRON PAGE 82/02 PACIFIC COAST IRON 9038 JAMACHA ROAD SPRING VALLEY, CA 91977 619-461-9800 Attn: Daniel Luker R:: National City Library Subject: Change Order Request 409-025 (PR #18) Gentlemen: Please find listed below a descr.ption of the design changes, which were made oa COR 4(-025. 1: Add approx. _lo LF of Mesh ff,ncing w/man gate. Material: $2,502.00 Rolling-$875.00 Shop Labor: $1,800.00 Field labor. $2,090.00 15% M/U= $ 1,090.00 Total= $8,357.00 Total change order amount requested: $ 8,357.00 Sian reiy, Pacific Coast Iron 13ill. Burton 2L!E0-9EE-6T9 G7e5 SaUIJO WIC dbi,=TO 170 TT AoN City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 EETING DATE AGENDA ITEM NO. 4 (ITEM TITLE Resolution of the City of National City approving Change Order Number Six for the library project with Jaynes Corporation to revise the roof assembly around the mechanical equipment in the total amount of $31,424 and authorizing the City Engineer to sign the change order PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXPLANATION 336-4380 The attached change order fully explains the details of this change and the negotiated costs. However in simple terms the building was designed to support four inches of lightweight concrete on top of the waterproofing membrane on the roof around the five air handlers. This concrete was specified to allow maintenance personnel to work around the air handlers without damaging the waterproofing membrane. During construction the of slope around the equipment was identified as an issue by the contractor. Architect Supplement Instruction No. 41 showed that foam needed be installed on top of the waterproof membrane, below the lightweight concrete to create positive drainage of the roof. This foam thickness varies from 0.5 to 9 inches. Each piece of foam is manufactured in the specific shape for this roofing system, which can be seen to be quite complicated. This information, though contemplated, was not shown on the original plans by the architect. Consequently the contractor did not include this foam in the bid. The change order is necessary for the integrity of the waterproofing system. 1 • Environmental Review X N/A Financial Statement Approved By: Change order number six is for $31,424. Funds are budgeted ance —rector for this change order in the project account numbers 241-409-500-598-1583 and 24-409-500-598-1583. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Change Order Number Six Resolution No. jaynesfsix A-200 (9;9g) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 6 WITH JAYNES CORPORATION IN THE AMOUNT OF $31,424 TO REVISE THE ROOF ASSEMBLY OF THE NEW NATIONAL CITY PUBLIC LIBRARY WHEREAS, the contract for the Library Construction Project was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004- 19; and WHEREAS, Change Order No. 6 is for the revision of the roof assembly around the mechanical equipment for the new National City Public Library, in the total amount of $31,424. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 6 with Jaynes Corporation in the amount of $31,424 for the revision of the roof assembly around the mechanical equipment for the new National City Public Library. PASSED and ADOPTED this 15`h day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PR I CT ARCHITECT REPRESENTATIVE Gregory Ny; President (CA.I.) App OE N'tRACTOR/ Jaynes Corporation Rick Cohen; Senior Vice President OWNER/ City Of National City Steve Kirkpatrick; Director of Public Works/City Engineer CONTRACT CHANGE ORDER TO (Contractor): Jaynes Corporation 8530 La Mesa Blvd. Suite 306 La Mesa, California 91941 C/O Number: C/O Initiation Date: Project: Contract No.: 006 January 12, 2005 National City Public Library 1028 A Change Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: 1. ASI # 041; COR # 063: Revise Roof Assembly #2 to Coordinate with Structural Design.......$ 31,424.00 REASON FOR CHANGE: This roof area was designed to put the waterproof membrane under a topping slab so that mechanical unit installation and maintenance workers and materials would not damage the membrane and cause leakage into the library below. The topping slab approach also limits noise from the units from radiating down into the building. Architecturally, we are required to slope the topping slab to drain (1/4" per foot) which causes the top surface to be up to 13 inches thick over the structural slab. The structural engineer designed this area of open roof and covered mechanical penthouse for a four inch thick lightweight concrete topping over sloping insulation and the structural slab. This design approach saved a substantial amount of structural steel (both vertical and lateral) over designing for a much thicker slab and also offers the benefit of additional thermal and acoustical insulation for the history room and offices below. ASI No. 41 clarified that the slope would be created by a lightweight concrete topping (four inch maximum) over high density foam (where necessary), over protection board, over waterproof membrane, and over the structural slab. The contractor is entitled to a change in scope on this matter and the City does receive added value for this change. COST RECONCILIATION: $ 31,424.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount Net change by previously authorized Change Orders .$ 11,476,444.00 $ 124,433.00 Revised Contract Amount due to previous Change Orders $11,600,877,00 With this Change Order request th c ntract amount increases by New Revised Contract Amount.... $ 31,424.00 Change in Contract Time: Zer a 0 alendar days $11,632,301.00 Contract Complw..n Pate: r 29, 2005 Reco • end o` pprov CO iN t� : n' ;, /-'id Marti . abey; r rn, ` DATE � E � /3/ 8- f 0� DATE DATE Distribution: City Of National City. (original w/all documentation) Jaynes Corporation (copy w/all documentation) DEB, Inc. (copy w/all documentation) Carrier Johnson Architecture (copy w/all documentation) DATE 0CT-29-2004 09:20 CONSTRUCTION ADMIN 619 231 4138 P.02 • the 1»onfit_epA ='r` • ntc�d•iit anCt wit • of tioiitract•Time. • ESGRtFftt3Ni' =.' AIA Document G710N -1992 . tectrs Supplemental instructions • PROJE•' . Ati,tie b.trttdrfft'd): :Naiior�, }�".•lj$PLOvz r _ ••• 1461,1 (0'Vi gi41 vd�: National -City CAc 9190:, OWNER (Nartia unit 44Wir 441 I:JTY;fJFt'!�'�lc ONmr FY:.. N4B i24 i;¢ t'C4.14W d. 'Nai16q rtiy C . i95SIw' 1=ROMAft01 C ((1raittpi'tgd address): 13ar `f 'u f kWitt6�. ; San•Dacgi i CA :` 1 TODON'`f igT t (i+'ahie,,rrndaddress): •• • Jaynesc%gtptliatfori General Contractors 850`42vlc's8lit1Yd;•5di :3b6 OWNER X ARCHITECT CONSULTANT CONTRACTOR FIELD CONSTRUCTION MGR., MARTIN GABEY, D.E.B. ARCHITECT'S SUPPLEMENTAL INSTRUCTION NO: 041 DATE OF ISSUANCE: October 28, 2004 CONTRACT FOR: General Construction CONTRACT DATE: ARCHITECT'S PROJECT NUMBER: 4486,01 X x • The 'IkSgcksoutWiRiilance with the following supplemental instructions issued in accordance with [et1tS W.illtout change in Contract Sum or Contract Time. Proceeding with the Work in instr`tictioneandicates your ucknowlcdgtnent that there will be no change in the Contract Sum Ste' attached sketches tot al atiffcation to roof assembly 2 as coordinated with structural drawings. AIA Document G110T4-1992. Copyright O 1980 and 1992 by The American Institute of Architects` All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penatUas. and will by prosecuted to the maximum oxlenl possible under the law. This document was produced by AIA software at 15:03:27 on 10/2812004 under Odor No.1000107577_4 which 0xpires on $/22 2005, and Is not for resale. User Notes: {1671456840) OCT-29-21304 09:22 CONSTRUCTION RDMIN 619 231 4138 . P.03i1 ATTACHMENTS; (Herr.: ituerf listing of documents that support description.) ASiyad1 SKI, (A/A8.04 AS1'O41LSIK2, A2.03 (Printeme lord title) IP'Rek4 G P ALA OOCument 0710m —19812, cepyrlght 01980 and 1992 by The Amefcan Institute of Architects. All rights reserved. WARMING: This AIA4 Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of Chit AIAe Document, or any portion of it, may result in severe viva and criminal penalties. and wilt be prosecuted 10 the maximum extent possiblo under the law. This document was produced by AIA software at 15:03:27 on 10/28/2004 under Order No,1000107577 4 which expires on 3/22/200$, and is not for resale, User Notes! ' (1671456840) OCT-29-2004 09:20 CONSTRUCT 1 ON1 ADM ('I 23'. 41._T9, P.04/05 r.2.I:149.4 M MUM omen (QRIOt WI-IH Owel) TS BEYOND ---\ REWF. ROOFING \\ MEMBRNIE UP 11 UNDER FUSHINC— CONC. CURB---� GA S.M. THIN. S.FLASH C OVER W.P. MEMBRAIA Vw SEALANT 4 v —4" 14AK. SLOPING LIGHTWEIGHT CONCRETE TOPPING OVER HIGH DENSITY FOAM (WHERE OCCURED) OVER PROTECTION BO. OVER WATERPROOF MEMBRANE OVER STRUCTURAL SLAB SCALE : 3' 1'-O" SCALE: 1 1/2" =1 '-0" 4 a ADOMON' L NOTES SEE 85/ALA2 22 GA. GALV. S.M. FLASHING AND COUNTER FLASHING NOT-AIRW1WEI� * P O( WW1 • II•ae SINGLE PLY ROOFING — MEMBRANE ROOF OVER LT. WT. INSULATING CONCRETE OVER EPS SHEATHING ON STRUCTURAL CONCRETE PECK C. CURB NATIONAL .CITY PUBLIC LIBRARY oArr CITY OF,NKRO ►L CITY �s� p��' SK, (0/25/04 ROOF ASSEMBLY 1: SINGLE PLY MEMBRANE ROOFING (COLOR 1) OVER SLOPING COMPOSITE INSULATING LT. WT. CONCRETE (SEE NOTE #4, THIS SHEET); OVER PROTECTION BOARD, WATERPROOF MEMBRANE AND CONCRETE STRUCTURAL SLAB; THICKNESS VARIES 4" MIN COMPOSITE CONCRETE @ ROOF DRAINS ROOF ASSEMBLY 2: 4" MAX SLOPING 'LIGHTWEIGHT CONCRETE TOPPING OVER HIGH DENSITY FOAM (WHERE OCCURED) OVER PROTECTION BD. OVER WATERPROOF MEMBRANE OVER LOW ROOF FLOOR PLAN SCALE: 1 /8"=1'-0" C , J () I I `N marreaue IMMUCItOLIKX • PROJECT NO. 4486-01 A2.03 r ��� �K2 10/25/04 8£Tb 1£2 619 JAYNES CORPORATION "ESTIMATE FOR CHANGE ORDER JAYNES CORP. COR LOG is 3037.063 CONTRACT: CONTRACT TITLE: DATE: / 3057 NATIONAL GITY PUBLIC LIBRARY 1248/2004 CHANGE DESCRIPTION' ASI d41 - tapered foam Insulation at low roof Delete: Add: $31,424 1. DIRECT LABOR CRS. ($41) Superintendent 0 $0.00 $0.00 $0.00 Project Management O $0.00 Carpenter O $0.00 445.00 Laborer 0 $0.00 $0.00 2. INDIRECT LABOR COST (Labor Bunion, etc.) SO 3. DIRECT MATERIAL 4. DIRECT EQUIPMENT (pump) ($170) 5. SALES TAX MATERIAL A EQUIPMENT COST (7.75% OF LINTS 3 AND 4 H not already Included Line 3) SO 6. DIRECT WORK SUBTOTAL (LINES 1 - 5) ($1,023) SUBCONTRACTOR WORK COMPANY REMARKS AMOUNT Saddleback Waterproofing $30,752 SUBCONTRACTOR WORK TOTAL; =30,752 CHANGE ORDER TOTALS 7. PRIME DIRECT SUBTOTAL ($1,023) S. SUBCONTRACTOR WORK TOTAL $30.752 9. COCIBUILDERS RISK INSURANCE (0% LINE 7+a) CO 10. GENERAL CONTRACTOR FEE (15% of LINE 7 and 5% of LINE 8) $1,364 11. GENERAL CONTRACTOR BOND (1% of LINE 7+8+9+10) $311 GRAND TOTAL $31,424 TIME EXTENSION AND JUSTIFICATION WORK DAYS REMARKS; This proposal Is urgent to release material for fabrication before the holiday break. For an Hem of work of this scope, Saddleback will require written authorization that the pricing Is acceptable. Jaynes concrete estimate based on 5223 SF Q 4^ thick + 10% waste a 70.93 CY of Ilghtwelght topping. Details In A81 #41 create consistent thickness of 4", so there Is little quantity due back as credit. By agreement, 1 waste will be credited. NAME 4ND ITLE OF PREPARER: izhi,10� Daniel Luker, Project Manager (Jaynes Corp.) ACCEPT BY: ACCEPT Ma non Manager (deb, inc.) DPc 03 2004 10:26RM SADDLEBACK WATERPROOFING 16582704938 p. 1 Saddleback WATERPROOFING Contractors and Consultants CA Lic, a627895 NV lic. #32087 REUSED - FAX TRANSMITTAL TO: JAYNES CORP DATE: December3, 2004 ATTENTION: Mr, Daniel Luker FAX : (619 668-4'090 SUB: NATIONAL CITY PUBLIC LIBRARY RE: ASI No. 041— Tapered Insulation at Low Roof *****************#***t******************************************************* ***ft*tr****fit Dear Daniel: Per your request, Saddleback Waterproofing is please to submit an Additive Amount of $ 30,752.41 for additional tapered insulation work to be completed at the above referenced project per ASI #041. We shall furnish labor, materials and equipment to complete the following: System: White Expanded, 25 PSI Foam Scope: Material: 25 PSI Foam (436 pieces) 15 Instastick Glue x $ 150.00 kit Material Sub -Total: Material Tax: x 7.75% Labor: Journeyman x (burden include Additional Labor: Misc. Job Expenses: per hour x 176 man hours Material Handling x $ 48.00 per hour Management/Supervision Crane x S 600.00 Tools / Misc. (4% of labor cost Please see page two for additional information MoXtiv\ 11.44t4\t cQ1 �n t- ?J J Page 1 of 2 The installation of tapered insulation at the low roof as indicated. = $ 13,465.00 r/ _ $ 2,250.00 = $ 15,715.00 _$ _ $ 8,448.00 = $ 253.44 = $ 168.96 = $ 600,00 _ $ 337.92 4901 Morena Boulevard, Suite 407 • San Diego, CA 92117 • (858) 270.4928 *FAX: (858) 2704938 7 Dec 03 2004 10:26AM SADDLEBACK WATERPROOFING 18582704938 p-2 NATIONAL CITY PUBLIC LIBRARY CONT... SUMMARY Total Labor Cost Total Material Cost Total Misc. Job Expenses Subtotal of Costs OH & P:. 15% "NET" Overhead and Profit: TOTAL CHANGE AMOUNT: Please call with any questions or if we can be of further assistance. Thank you. Sincerely, SADDLEBACK WATERPROOFING Brent H. Schofield Operations Manager Page 2 of 2 $ 8,870.40 $ 16,932.91 _ $ 937.92 = $ 26,741.23 _$ 4,011.18 = $ 30,752.41 4901 Morena Boulevard, Suite 407 • San Diego, CA 92117 • (858) 270.4928 *FAX: (858) 220-4938 Dec 09 2004 11:38AM SADDLEBACK WATERPROOFING 18582704838 p. Saddleback. WATERPROOFING Connectors and Consultants CA Lk. 0627695 NV Lk. M32087 To: Mr. Daniel Luker Company: JAYNES CORP. Message: Facsimile Transmittal "From the desk of Brent H. Schofield" Date: 12-8-04 Fax No.: (619)336-0322 ' RE: National City Public Library Dear Daniel: Per your request, please see the below price breakdown for our labor rate. Labor Rate per Change Request Summary: $ 48.00 Breatkdown Journeyman Rate: Workers Comp.: Payroll Taxes: Insurance: $ 26.28 $ 7.72 $ 2.50 $ 11.50 Call with any questions or if we can be of further assistance. Thank you. Brent Schofield Operations Manager Attachments None Total number of pages including cover sheet: 1 Office Phone: (858) 270-4928 Office Fax: (858) 270-4938 If you do not receive all pages, please contact the sender immediately at the above listed number. 4901 Morena Boulevard • Suite 801 • San Diego, CA 92117 • (858).270-4928 • FAX: (858) 270-4938 n 0 fl /0 8 8 8 8 8 f 8 8 A: 8 8 G f 8 8 A f 8 f f 8 s fi 8 g 8 A 8 Fi y8. A i C 8, A FL e 8 8 FFi 888 a s 8 8 8 8 R 8 i 8 a t$ :C A i i f 8 8, 8 is f 8 8 a A f 8 A R 8 Z 8 A 8 x A Y 8 A .1 8 a Ff i 8 2 8 8 a 8 8 F A B A. A C 8 Fr" 8 8 8 A 8 A i .8 i a A F� 88 i R i 8 8 A A A8 8 A 8 A FFF 8 8 t 8 8, 8 A i 8 i 8 A 4 A 8 8 A 8 8 A 8 Y x 8 8 F a 8 A 8 8 e 28 PPP 292 2221 22 22 Pk'Fr 2222 8.2225 PP ef RA • PP. A22 222 99 2 22 22 PPP 122 217 rr.,< 222 222 222 993 7r 777 4222AS 25:224A2 ZZ2 222 222 rcr 7277 =II i 1111101111111 S MOSS SO 1 PPP 222 22: rr 27 ss Pg 22. is 1!"'ZeU F1 re 2 2 ,teZ4'y 2222 222 e 2- 0_ rp, 777 =-77 RR P4'2 272 11 hiO 9-9 99 rt 82 ttPtr :1;; L'PE. 772 20.2 11 111 Sp. a 8 .21 RR XS P.VP ARAN 6, 252.2.52 1111101:411 is 99 1,7 fl / c; City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 MEETING DATE AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City of National City approving Change Order Number Seven for the library project with Jaynes Corporation to enhance the finish of "entry quote wall" at the entrance to the library in the total amount of $44,368 and authorizing the City Engineer to sign the change order. PREPARED BY EXPLANATION Stephen Kirkpatrick DEPARTMENT 336-4380 Engineering This change order enhances the finish of the large wall on the right side of the entrance to the building. This wall will be finished with 2 foot by 4 foot slabs of a beautiful polished stone called Labrador Antique from Norway. Engraved in the stone in several languages will be the quote by Jorge Luis Borges "I always imagined that Paradise will be a kind of Library." This wall is almost 27 feet tall by 26 feet wide. It will be a very prominent feature as you enter the building. A detailed drawing of this quote wall is attached. A sample of the stone is available for viewing in the Engineering offices. The cost of this enhancement is $44,368. Environmental Review N/A Financial Statement Approved By: C Change order number seven is for $44,368. Funds are budgeted for this change order man e Director in the project account numbers 241-409-500-598-1583 and 242-409-500-598-1583. Account No. STAFF RECOMMENDATION Adopt the Resolution `jN1l BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. i. Resolution 2. Change Order Number Seven jaynesseven A.200 (9.99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. 7 WITH JAYNES CORPORATION IN THE AMOUNT OF $44,368 FOR THE ENHANCEMENT OF THE ENTRANCE TO THE NEW NATIONAL CITY PUBLIC LIBRARY WHEREAS, the contract for the Library Construction Project was awarded to Jaynes Corporation on February 10, 2004, by the adoption of Resolution No. 2004- 19; and WHEREAS, Change Order No. 7 is for the enhancement of the finish of the "entry quote wall" at the entrance to the new National City Public Library, in the total amount of $44,368. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 7 with Jaynes Corporation in the amount of $44,368 for the enhancement of the finish of the "entry quote wall" at the entrance to the new National City Public Library. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORIGINAL CONTRACT CHANGE ORDER C/O Number: 007 TO (Contractor): Jaynes Corporation C/O Initiation Date: January 14, 2005 8530 La Mesa Blvd. Suite 306 Project National City Public Library La Mesa, California 91941 Contract No.: 1028 A Chance Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: 1. PR #23; COR # 69Cr1: Provide Alternate Exterior Stone for Entry Quote Wall.........$ 44,368.00 REASON FOR CHANGE: The wall was designed to be clad with a Mechanically Fastened Quartzite Stone, with a maximum panel size of 2' x4', based on information provided to the Architect by Modern Building Supply. The job was bid and awarded to Sunstate Tile. During construction Modern Building Supply revised their statement regarding the siw and attachment of quartzite stating that quartzite could not be produced in the size specified for the mechanical fastening, and could only be applied in a thin set application. The Architect and the Client looked at similar applications of Thin Set Quartzite and agreed it was unacceptable for this main entry to the library. "Labrador Antique" stone was ultimately selected by the owner as an acceptable alternate that did not compromise the owners expectations of quality and esthetics for the feature "Quotation Wall" at the library's Main Entry. COST RECONCILIATION: $ 44,368.00 Costs were reviewed by the Construction Manager and the City and negotiated to the satisfaction of the City. The foregoing increase in price is in full settlement of all entitlements directly or indirectly arising out of this change. Construction Contract Accounting Summary: The Original Contract Amount $ 11,476,444.00 Net change by previously authorized Change Orders $ 155,857.00 Revised Contract Amount due to previous Change Orders $ 11,632,301.00 With this Change Order request the Contract amount increases by $ 44,368.00 New Revised Contract Amount. .. $ 11,676,669.00 Change in Contract Time: Zer ' (0 Calendar days Contract Completion Date: : p ' 29, 2005 Reconungn for Appro NSlKUCTION.��:. ER / deb, inc. r�� DATE Martin9abey; anager PROJECT ARCHITECT REPRESENTATIVE Gregory Ny; President (C.A.L) Ap COOR/ Jaynes Corporation Cohen; Senior Vice President 10/-' DATE DATE OWNER/ City Of National City DATE Steve Kirkpatrick; Director of Public Works/City Engineer Distribution: City Of National City (original w/ all documentation) Jaynes Corporation (copy w/all documentation) DEB, Inc. (copy w/all documentation) Carrier Johnson Architecture (copy w/all documentation) NOV-09-2004 11:06 CONSTRUCTION ADMIN 619 231 4138 P.02/05 as Document G709TH - 2001 Work Changes Proposal Request PROJECT (Name and address): National City Public Library 1401 National City Blvd. National City CA 91950 OWNER (Name and address): CITY OF NATIONAL CITY 1243 National City Blvd: National City CA 91950. FROM ARCHITECT (Name and address): Cattier Johnson 1301 Third Avenue . San Diego CA 92101 . TO CONTRACTOR (Name' anti address): Jaynes Cotporation General Contractors 8530-La Mesa Blvd. Suitt 306 La Mesa, CA 91941. OWNER ARCHITECT CONSULTANT CONTRACTOR FIELD MARTIN GABEY, CONSTRUCTION MANAGER PROPOSAL REQUEST NUMBER; 023 DATE OF ISSUANCE; November 09, 2004 CONTRACT FOR; General Construction CONTRACT DATE: ARCHITECT'S PROJECT NUMBER: 4486.01 X Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Fourteen (14 ) days, the Contractor must submit this proposal or notify the Architect,.in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work); Provide pricing for alternate stone selections for the dimensional stone at the feature wall per the attached narrative and elevation. AIA Document G709n1 — 2001. Copyright 4D 199:1 and 2001 by me American institute of Architects. All rights reserved. WARNING: This AIA' Dacwnent te protected by U.S. Copyright Law end International Treaties. Unauthorised reproduction or distribution of this AIA" Document, or any portion of It, may result In severe dull and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AA software at 10:5322 on 11/09/2004 under Order No.100010157'1_4 which expires on 3/22/2005. and is not for resale. User Notes: (6912341109) NOV-09-2004 11:07 CONSTRUCTION ADMIN 619 231 4138 P.O3,O5 ATTACHMENTS (List attached documents. that support description): Narrative SK-1 Elevation REQUEBY THE ARCHITECT: (Signature) (3relory (Printed n me and title) CA-mk. Rep) AIA DoCumen1 G709" — 2001. Copyright 431993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document it protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or ditlributien of this AIA" Document, or any portion of It, may ratan in severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the IaW, This document was produced by AIA software at 10:5322 on 11 /09/2004 under OMer No.1000107577 ♦ which expires on 3/22/2009, and ✓a not for resale. User Notes; — (691234809) 2 NOV-09-2004 11:07 CONSTRUCTION ADMIN 619 231 4138 P. 04/ 05 is it ARCHITECTURE INTERIOR OESDON PLANNING GOROON R. CA/HIM/MA MICHAEL C. IOHHSON MA DEBORAH P. ELLIOTT IIDA FRANK A. WOLOEN t]DI THING AVENUE SAN OIEGO CALIrOENIA e2101 TEL 4.19 T39 2111 FAA A19 219 4227 271.D M<CORMICA AVENUE COSTA MESA CALHORNIA RUN TEL 71e 472 17Si OAR 21A 432103E www, <bnierjVIInwn. L VT MEMORANDUM DATE: 11 /08/04 TO: Daniel Luker JAYNES CORP FROM: Kevin Krumdieck At: NC Library — Feature dimensional stone resei4ction REMARKS: Stone type 4 (multi green quartzite) is to be replaced with a different stone that has sufficient strength to be mechanically fastened. The typical panel size is to remain 24" x 48" x 3cm thick. Provide alternate pricing for the following granites (after confirming with the supplier that each has adequate strength characteristics for this type of application): 1. Labrador Antique, Norwegian brown granite with opalescent crystals. Sources: Arizona Tile, Florentine, Emser Tile, others ??. Polished finish. 2. Hawaii Blue (Dynamic Blue, Krishandar Blue), Chinese blue/green granite. Sources: Arizona Tile, Emmer Tile, others 77. Polished finish. 3, Laurentian Green (Pearl Green may also be acceptable— waiting on sample to verify), Canadian green granite. Sources: Arizona Tile, Florentine, Cold Springs, others ??. Polished finish. Stone pricing is to include materials, fabrication, finishing, anchorage, shop drawings, calculations, engraving, and installation. Attached is a copy of engraved quotes to be used for pricing only. Final copy of quote artwork will be provided shortly and price will be adjusted based on difference In number of characters, Provide pricing taking into account supply lead times for each material and project substantial completion date, Identify if slipping the stone installation schedule for a later date (than substantial completion date) will create significant savings and what the savings would be. Also, a 2 cm thickness may be accepted if engineering talcs can substantiate adequate anchorage is achieved. Provide what credit would be for 2cm thickness for each material, if applicable. P:\EA86.00\ComtMdmin\Correspondence\dimeAsioNI stone 2C1e,ECh1akenvte Ieattoe stone types Merno.do< 7, 26'-0" ro qua one figurable et Parai$ Bajo to especie de vine bib Note Ca. I Vi.nagine est une sor al$uays imagined t4at Par will I be a ki d of Litjrary. ourjours else le paraais le do 6ibtieteque_ ise Mzasaisip layi, staahg Paradise ay reMa/allying bahar cf.ttaitan. f aiways imagined that Paradise -witk be a kind of Library, 1 allays imagined' Paradise will be a S(nd of Library. S d -1dlol Yo que m e figurabc et PaT&iso Bajo especie de urta biiliotet a. •� 1 la 24 z 48 0 CO N B£TO T£2 6T9 Feb. 01 2005 3:55PM JAYNES CORPORRTION JAYMM CORPORATION !STIWATI FOR CNANQI NHS JAYNES CORP. COR LOO 6 Sp5T-0SSC (Revisit) CONTRACT' 6 3057 f.SR9'c43-A0S0 p.1 CONTRACT TITLE' NATIONAL CITY PUBLIC LIBRARY CHANG! DESCRIPTION' PR 623- Alternate mechanically fastened stems typos by Davis Steto Delete' • Adult $44,300 1. DIRECT LABOR ems. Superintendent DATE 1/13/2005 MOM O 30.00 $0.00 Prelim* Management 0 30.00 $0.00 Crpantsr 0 $0.00 $0.00 Laborer 0 $0.00 $0.00 2. INDIRECT LABOR COST (Labor Burden, oto.) SO 3. DIRECT MATERIAL S0 4. DIRECT EQUIPMENT SO S. SALES TAX MATERIAL & EQUIPMENT COST (7.75% OP LINK 3 AND 4 If not already included Une 3) SO 6. DIRECT WORK SUBTOTAL (LINES 1-5) S0 SUBCONTRACTOR WORK COMPANY REMARKS AMOUNT Suastato Credit Davie Stone Lebredor Antique Sanstate Etching (excluded by Davis) -$»,320 S67,342 $7,623 SUBCONTRACTOR WORK TOTAL' $41,1137 'CHANGE ORDER TOTALS 7. PRIME DIRECT SUBTOTAL 0. SUBCONTRACTOR WORK TOTAL O. COCAtU1t.0ERS RISK INSURANCE (0% UNE 7+0) 10. GENERAI. CONTRACTOR PEE (15% of LIN! 7 and 5% of LINE I) 11. OSNIRIU. CONTRACTOR BOND (1% of LINE 7+9+9+10) TIME EXTENSION AND JUSTIFICATION WORK DAYS SO S41,637 SO $2,052 $435 RSMARKit Per field discesslon, the mockup will be Emplace. Please note Gas proposal does not account for any additional weather protection, Of rework that might be required on substrates left exposed during the procurement period of Ihh materlaL Feb. 01 2005 3:51PM JAYNES CORPORATION (6181243-4090 P.3 3 04 01s12p Tom Brooklet' To: Daniel Proposal - Revised From: Tom Brockley 856.715.8140 p.1 7579 Convoy Court San Diego, Ce. 92111 Phone: (858) 71511LE (8453) Fax: (858) 715.8140 wnstatet le ate4ie.com Company: Jaynes Cotpora8on Fax Number. 1-519.15 84090 Pages: 1 Oaten 11- 29.2004 Re: National City Library Mechanically fastened stone assembtias Installed: Orlainal oostQuaftzite : $33,326.00 New Stone Sells Labrador Antique Granite: Dynamic Blue Granite: •Laurentian Green Grande: 'Hawaii Blue Granite: Pearl Green Granite: Distrtbut�c Emeer Eraser 3cm Arizona Arizona Total Cost $107,875.00 $69.287.00 568,588.00 555,111.00 555,831.00 Avalyab1 30 days 30 days 30 days 90 days 90 days The original price quote Quatzite Included snipping, tabncadon, Kerf and mitering. The 2cm thicknes3 is not Is not an option. Etching on the stone ; Per Drawing: $7,823.00 Sunstate The Contractors, Inc. Tom Brockley President Feb. 01. 2005 3:51PM A NES CORPORATION (S1E1243-4090 p,2 12/16/2004 15:32 7607455077 DAUIS STOKE INC PAGE 02/04 Davis Stone Inc. 510 Venture street 8.00ndldo, CA. 92029E 784.74E-76ti1 Phone 760-745-5077 Fax Lie. d749601 VVe are pleased to submit the following cost estimate; Pries Includes: Granite cut to size (143 Please total 910 So. ft ) All setting materials Shop drawings Samples 'Engineering ( clip system only ) Caulking NOT included: Sand blasting of script Mock -tips Lead Time: 90 days 1 Labrador Arrtkluo Load Time: 70 days f Hawaiian Slue Lead Time: 70 days' Pearl Orson Please review estimate, and call Ken. Thank Youl We: 12116104 Project Nelbnel Cny tea library Customer: Jaynes Corp. of Calif. Street ssao to Mew emd. Swam C�IY La Mesa, CA 91941 Phone: 619-688-4080 Far 6104168•1090 Attn: Denial Luker 967,342.00 143,325.00 941,847.00 City of National City, California COUNCIL AGENDA STATEMENT VIEETING DATE5 February 15, 2005 AGENDA ITEM NO. 6 (TEM TITLE Resolution of the City Council of the City of National City supporting legislation amending the Americans with Disabilities Act to require notice prior to filing legal action. PREPARED BY Lin Wurbs 336-4240 EXPLANATION DEPARTMENT Asst. City Manager The City of Morrow Bay (see attached letter) is soliciting the city's support for legislation that would amend the Americans with Disabilities Act and California State Access laws to require notice prior to a lawsuit being filed. Legislation has been introduced by California State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action, that an opportunity be provided to correct any alleged violations. We recommend that the City Council of National City support adoption of this legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act, which would provide a due process provision for property owners so that they may be in full compliance with the Act. Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A rATTACHMENTS ( Listed Below) Resolution No. Resolution Letter —City of Morro Bay A-200 (9/80) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING LEGISLATION AMENDING THE AMERICANS WITH DISABILITIES ACT TO REQUIRE NOTICE PRIOR TO FILING LEGAL ACTION WHEREAS, the Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age and religion; and WHEREAS, the Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications; and WHEREAS, the City of National City supports the goals of this landmark civil rights law and the original intent of the Americans with Disabilities Act because it provides equal access opportunities for all Americans; and WHEREAS, since the enactment of the Americans with Disabilities Act, many abuses have been perpetrated against property owners by a few unscrupulous attorneys seeking to wage economic retribution upon property owners using the guise of a well-intentioned civil rights law. Unfortunately, it is not the goal of these few attorneys to improve accessibility for the disabled, but to exact financial punishment through lawsuits; and WHEREAS, legislation has been introduced by California State Assemblyman Tim Leslie (AB 2594) and by U.S. Congressman Mark Foley (H.R. 728) that would amend the Americans with Disabilities Act to require, as a precondition to commencing a civil action with respect to a place of public accommodation or commercial facility, that an opportunity be provided to correct alleged violations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the adoption of legislation that would require notice prior to filing legal action for violations of the Americans with Disabilities Act since it would curtail the abusive practice of certain attorneys by providing a due process provision for property owners so that they may be in full compliance with the Act. BE IT FURTHER RESOLVED that upon passage, the City Clerk shall deliver this Resolution to the League of California Cities, Central Coast Cities, the Governor's office, and to the California and Federal Legislative Delegation. -- Signature Page to Follow -- Resolution No. 2005 — February 15, 2005 Page Two PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of Morro Bay Morro Bay, CA 93442 • 805-772-6200 �Tii "irrrrr December 21, 2004 Chris Zapata National City City Manager 1243 National City Blvd. National City, CA 91950 Re: Request for support for legislation that would amend the Americans with Disabilities Act to require notice prior to filing a lawsuit. Dear City Manager: This correspondence is being sent to you at the direction of the City Council for the City of Morro Bay to solicit your support for legislation that would amend the Americans with Disabilities Act and California State Access laws to require notice prior to filing a lawsuit. As you may know, the City of Mono Bay is located on the Pacific Coast of California about half way between San Francisco and Los Angeles near Hearst Castle and the Big Sur Coast. The City of Morro Bay is a working fishing village and the local fishing industry is one of the most important along the California Coast. The City is a pleasant tourist destination with shops, restaurants and hotels along the coastline and within several blocks of the primary streets. The Embarcadero, which runs along the waterfront, includes art galleries, tourist gift shops, surf and sport shops and dozens of restaurants. The City of Morro Bay has grown very little in the past 20 years, and as of 2000, there are 10,350 people residing in the City. There are absolutely no national chains in the City of Morro Bay except grocery stores and fast food chains. All of the shops and restaurants are locally owned and operated and are considered "Mom & Pop" shops. In 2002, litigation was filed against the City for alleged violations of the Americans with Disabilities Act (ADA) and State Access laws. The City quickly settled a portion of the lawsuit by agreeing to spend $75,000 on ADA improvements over the next five years. The City was unable to settle the portion of the lawsuit dealing with attorneys' fees as plaintiff's attorneys demanded approximately $200,000. The Court recently reduced the amount of the attorneys' fees to $54,000; however, plaintiff's attorney is appealing the decision. In 2004, litigation was filed against 16 locally owned and operated restaurants in Morro Bay for alleged violations of ADA. All of the lawsuits are identical and have been filed by the same plaintiff and attorney. These lawsuits have had a tremendous impact on the Community. Two of ADMINISTRATION 595 Harbor Street HARBOR DEPARTMENT 1275 Embarcadero Road CITY ATTORNEY 955 Shasta Avenue POLICE DEPARTMENT 870 Morro Bay Boulevard FINANCE DEPARTMENT 595 Harbor Street PUBLIC SERVICES 955 Shasta Avenue FIRE DEPARTMENT 715 Harbor Street RECREATION & PARKS 1001 Kennedy Way Request for Support - ADA December 21, 2004 the restaurants have had to close their doors as they did not have the financial ability to fight the allegations. The 14-year-old Americans with Disabilities Act is a good law. Unfortunately, the intent and spirit of the Americans with Disabilities Act of 1990 is being abused by a growing number of attorneys. Without giving small business owners an opportunity to remedy the alleged violations, these attorneys are filing lawsuits for minor technical access violations. Fearing the time, hassle and expense of lawsuits, small businesses are being forced into cash settlements — most of which goes to the attorneys. By creating a multitude of cases, these attorneys are generating substantial amounts of income for themselves at the expense of small businesses. To help rectify this problem, Congressman Mark Foley (R-FL) introduced the ADA Notification Act (H. R. 728), which amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies unless the complainant has implemented specified notification procedures that include opportunity for correction of the alleged violation. At the State level, Assemblyman Tim Leslie (Tahoe City) has introduced similar legislation. AB 2594 Public accommodations: persons with disabilities would allow a person who hires an ADA specialist to review the design and construction of the person's premises to have a Certificate of ADA Compliance. Holders of such a certificate would be entitled to notice and the opportunity to correct future ADA violations before a civil lawsuit could be filed. Congressman Foley's and Assemblyman Leslie's legislation would curtail the abusive practice of certain attorneys filing lawsuits for easily correctable ADA infractions and would enable small businesses to work with the disabled community to correct minor violations and improve accessibility for the disabled. In effect, passage of this legislation would tip the balance back to accessibility and back to the disabled and away from the lawyers. Recently our City Council passed the enclosed resolution and directed Staff to notify other jurisdictions and solicit support in our endeavor to seek an amendment to the Americans with Disabilities Act to require notice prior to filing a lawsuit. Thank you for your assistance. Sincerely, Reefa4 sciuxt Robert Schultz City Attorney 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 15, 2005 AGENDA ITEM NO. 7 ITEM TITLE PREPARED BY EXPLANATION Resolution Authorizing Appropriation of FY 2004/2005 Supplemental Law Enforcement Services Fund for $100,000.00 DEPARTMENT Police / Chief Adolfo Gonzales Lt. Craig Boegler 336-4433 Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes. Under the State COPS program, the City of National City was allocated $100,000 as its share for fiscal year 2004/2005. These funds must be expended or encumbered by June 30, 2006, or be remitted to the State Controller for deposit into the General Fund. In the case of a city, the City Council is required to appropriate existing and anticipated COPS moneys exclusively to fund front line municipal police services. COPS funds shall be appropriated pursuant to written requests from the Chief of Police. The requests must specify the front line law enforcement needs of the requesting entity including personnel, equipment and programs. Pursuant to AB 3229, the City Council must hold a public hearing to consider these requests. Funding will be determined by a majority of those Council members present at the Council meeting within 60 days of receiving the request for funding. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. (Continued on page 2) Environmental Review XX N/A IZevrct&vD vey kw.g Financial Statement There is no local match required for these funds. There will be no impact to the General Fund. a 4 Account No. STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A SLESF FY 2004-2005 #208-411-405-502-0000 Acct. Numbers #208-411-405-355-0000 # 208-411-405-353-0000 ITTACHMENTS ( Listed Below ) Resolution No. A-200 (9/80) Council Agenda Statement Resolution Authorizing Appropriation of FY 2004/2005 Supplemental Law Enforcement Services Fund. Page 2 Explanation (Continued) In prior years, the County Auditor & Controller transferred the funds to the cities without first involving the Supplemental Law Enforcement Oversight Committee (SLEOC). As of last year, the statute requires the SLEOC to certify receipt of an approved expenditure plan from the governing board of that agency, in this case either the Board of Supervisors or the City Councils. After the SLEOC approves the expenditure plan the funds will be transferred to the City. Proposal The National City Police Department and Chief Adolfo Gonzales are therefore submitting a request that the City Council appropriate FY 2004/2005 Supplemental Law Enforcement Services Fund monies per the below requested proposals and request a resolution authorizing the expenditures. This year the Police Department requests authorization to fund equipment that was identified as front line needs within the Police Department that could not otherwise be funded. The first item of needed equipment is a Stratus Server for the Computer Aided Dispatch (hereafter referred to as CAD) system that will serve to update our 5 year -old servers that contain the outdated WINNT operating system, which is no longer supported by Microsoft. This upgrade will enable us to better utilize the functionality of the current CAD software and reduce our down times because of having to reboot the old Cluster servers when the memory leaks accumulate to the point that available memory resources are depleted. This depletion of memory resources causes the CAD workstations in dispatch to slow down to a point that they will actually lock -up and freeze. This causes the dispatch center to have no dispatch capability until the servers are rebooted. The second item of needed equipment is two Network Attached Storage Servers. This would offer a more powerful and expandable storage solution for NCPD in support of Department responsibilities by speeding up the backup process over the network compared to tape drive units. This purchase will provide redundant backups and better support the police department because of the interconnection to the City network. National City network reliability to maintain Automated Field reporting functionality is critical and imperative to proper record keeping and archiving. The next item of needed equipment is a Mobile Data Computer and related equipment and license to enable the Animal Regulation Officers (ARO's) to have a docking station in their vehicle. This would ease the load of the 20-40 calls per day that the ARO's generate for dispatchers, allowing the ARO's to place comments on their call screens and help document the calls that are bound for later court disposition. Currently, the police dispatch center is unable to put the information that the ARO's require on the call screens. Many times the ARO's are asked to wait or their requests are not answered as higher priority calls take precedence. Because Council Agenda Statement Resolution Authorizing Appropriation of FY 2004/2005 Supplemental Law -Enforcement Services Fund. Page 3 police related traffic often takes priority, the ARO's are frequently unable to put out their locations over the air. The ARO's have no way to use a terminal to document and send their location to the dispatch center. This is a significant safety issue for the ARO's, who handle many potentially dangerous calls and investigations while in the field every day. The final item of needed equipment is the Stinger Spike System. The Stinger Spike System is a portable and deployable tire deflation device that would enable police officers the option to deploy and safely deflate the tires of a vehicle being pursued. This would significantly decrease the possibility of injury or death to the public, the police, and the suspect during these inherently dangerous actions. The purchase of six, 15' Spike Systems, would enable each supervisor vehicle to carry the system and, therefore, have the system available in the field at all times. This is a large expenditure that would severely impact the general fund since it is not a budgeted item, especially when considering the current budget crisis in California. By utilizing SLESF funds we can meet these pressing safety equipment needs without impacting already limited public safety budgets while fulfilling the SLESF requirement to fund front line police services, which include personnel, equipment and programs. The estimated cost to replace the 5 year -old servers with functional and future expansion technology is $65,000.00. The second estimated project proposal is $24,000.00 for the purchase of a Network Attached Storage Server to enhance network reliability and enhance the Automated Field Reporting functionality, record keeping and archiving. The third item in this proposal is the purchase and installation of a functioning MDC terminal for the ARO truck. The cost of this item installed is $8,000.00. The fourth and last item is 6 total,15' Stinger Spike Systems. The cost to purchase 5 of these systems is $3,000.00. Listed on page four is the requested expenditure budget. All amounts include budget for tax and shipping charges and are rounded up for possible cost increases in the purchasing process. See page four. Sole Source Request Sole Source purchasing is requested for the Tri Tech Certified Stratus Server because Tri Tech was the original vendor for the Police Department's current computer aided dispatch (CAD) system. The Tri Tech Certified Stratus Server would provide interoperability and interface with our existing equipment and repair contracts. Listed below is the item requested for sole source purchasing. Item: Vendor: Tritech Certified Stratus Server Tritech Project Services and Related Equipment for CAD Council Agenda Statement Resolution Authorizing Appropriation of FY 2003/2004 Supplemental Law Enforcement Services Fund. Page 4 (Continued Sole Source Item) Item: Vendor: Fault Tolerant Server VisiCad Tritech Configuration / Testing/ On -Site System Installation Service Expenditures Item: On -Site System Installation Service Fault Tolerant Server VisiCAD Configuration & Testing Total TriTech Project Services Cost: 1,400 5,000 $ 6,400 ftServer 3300 Pedestal, 4U, 2-way DMR, 25,524 3.06 GHz CPU, 512 KB Cache Microsoft Windows Server 2003 Enterprise Edition license and media (English), includes 25 CALs, 1-2 CPUs AND 4GB or less of memory, factory installed (Price included in base model) English ftServer System Software, for 2,292 Windows Server 2003, StrataDOC CD ftServer 1GB DDR DIMM 3,555 ftServer 36 GB 3.5 10,000 RPM Ultra160 2,470 Disk Drive Fault -Tolerant ASN Attach Kit 2,523 ftServer PCI Slot Filler Panel (price included in base model) ftServer Single port 10/100/1000 Base-T 915 Ethernet PCI Adapter USB Floppy Disk Drive Kit 125 USB Keyboard and Mouse 143 15 inch Flat Panel Display 503 N. American/Japanese Power Cord 120 34 VAC,15 Amp,NEMA5-15,10ft. ftServer Power Cable Pair, 120 VAC / 15A, Plug Type NEMA 5-15, 15 feet (price included in base model) 4U Sonic Low -voltage Label (price included in base model) Stratus ftServer 3300 Series: System Documentation Set (Price included in base model) Stratus Technologies ftServer End User License and Hardware Warranty Agreements (Price included in base model) ftServer 3300/5600 Education Package (List Price of $1900) ftServer 3300 Stratus pedestal packaging (price included in base model) ftServer 3300 Jumpstart System Installation Shipping ftServer 3300 Pedestal, 4U, 2-way DMR, 3.06 GHz CPU, 512 KB Cache (see notes) 15 inch Flat Panel Service 533 2,995 600 $42,212 9,996 156 $10,152 Project Services Hardware and 3rd Party Software Sales Tax System Approx cost for unforeseen rise in hardware and software costs Total System Cost 6,400 52,364 4,058 $62,822 $2,178.00 $65,000.00 2 each -Network Attached Storage (NAS) server's Cost for two Servers Approx. cost for unforeseen hardware and software Total System Cost $11,175.00 $22,350.00 $1,650.00 $24,000.00 MDC, Panasonic, CF-29EWKGZKM Docking Station, CF-WEB 273 MDC License — Motorola $4,950.00 $400.00 $1,000.00 Council Agenda Statement Resolution Authorizing Appropriation of FY 2004/2005 Supplemental Law -Enforcement Services Fund Page 5 MP750 Modem — Sierra Wireless Antenna — Motorola Misc. Wiring — Motorola Tax — Approximate Total Syestem $1,000.00 $50.00 $50.00 $550.00 $8,000.00 Six (6) Spike Systems for Tire Deflation — 15' Stinger Total System $3,000.00 $3,000.00 Grand Total = $100,000 It is also requested that any funds that are not expended in these purchases can be used to purchase related technology items, software and equipment. RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF 2004/2005 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS FOR $100,000 WHEREAS, Assembly Bill 3229, Chapter 134, Statutes of 1996, established the Citizen's Option for Public Safety (COPS) Program to provide local law enforcement supplemental funding to eligible jurisdictions, as defined for public safety purposes; and WHEREAS, under the COPS program, the City of National City received $100,000 as its share for fiscal year 2004/2005, which must be spent by June 30, 2006, or be remitted to the State Controller for deposit into the General Fund; and WHEREAS, the City Council is required to appropriate existing and anticipated COPS monies exclusively to find front line municipal police services pursuant to written requests from the Chief of Police; and WHEREAS, the City Council pursuant to the recommendation of the Chief of Police has determined that the purchase of the following equipment purchases will be an appropriate expenditure of said grant funds: Quantity Equipment Estimated Cost 1 Stratus Server for Computer -Aided ("CAD") 2 Network Attached Storage Servers 1 Mobile Data Computer and related license 6 Stinger Spike System Dispatch System equipment & $ 65,000.00 $ 24,000.00 $ 8,000.00 $ 3,000.00 $100.000.00 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates and therefore appropriates the FY 2004/2005 Supplemental Law Enforcement Services Funds for the various police equipment purchases described above. -- Signature Page to Follow -- Resolution No. 2005 — February 15, 2005 Page 2 PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE February 15, 2005 AGENDA ITEM NO. 8 (-ITEM TITLE Resolution accepting the lowest, responsive, responsible bid, for three pick-up trucks, from Perry Ford, of National City, in the total amount of $38,099.22. One truck for Stormwater Inspector from sewer funds, and two for Code Enforcement/Lead Division from grant funds. PREPARED BY DEPARTMENT Brenda E. Hodges, C.P.N� Purchasing Dept. EXPLANATION (619)336-4570 Bid #GS0405-3 was issued for the purchase of two Ford Ranger XL extended cabs, and one Ford F150XL long bed pick up truck, or equal. One of the Ford Rangers is for the Stormwater Inspector, account number 125-422-222-511-0000 (Sewer Fund), in the amount of $11,941.18. The other two trucks are for the Building and Safety's Lead Division, account #256-413-000-511-0000 (Grant Funds), in the amount of $26,158.04. These two trucks were previously authorized by Council Resolution #2003-39, and will be used for Code Enforcement. All 3 trucks are additions to the City's existing fleet, because employees in these positions are currently borrowing City vehicles or using personal cars. Bids were mailed to fourteen (14)vendors, netting two (2) responses. Bids were opened and publicly read on January 31, 2005 with one (1) vendor present for the opening. Perry Ford of National City, offered the lowest, responsive, responsible bid. The award will be in the amount of $38,099.22, including tax and delivery. Environmental Review X N/A Financial Statement Funds are currently available in the FY0405 budget Approved B 'nance Director 125-422-222-511-0000 (Sewer) $11,941.18 256-413-000-511-0000 (Grant) $26,158.04 Account No. STAFF RECOMMENDATION The Purchasing Agent recommends that the award be made to Perry Ford, and that authority be given to the Purchasing Agent to issue resulting purchase order. BOARD / COMMISSION RECOMMENDATION not applicable ATTACHMENTS ( Listed Below ) Bid Abstract_ Resolution Resolution No. A-200 (9'99) BID ABSTF ':T #GSO405-3 12/2005 SPEC A SPEC B SUB TIRE GRAND PYMT LOCAL lAX BIDDER: 2: Rangers 1: F150XL TOTAL TAX FEE TOTAL TERMS AVAIL. BENEFIT Perry Ford $22,164.60 $13,194.30 $35,358.90 $2,740.32 $0.00 $38,099.22 Net 21 90 Days $380.99 National City, CA Pearson Ford $25,928.60 $14,289.30 $40,217.90 $3,116.88 $26.25 $43,361.03 Net 30 90-120 San Diego, CA days Bob Baker Ford No Response San Diego, CA Bob Stall Chevrolet No Response La Mesa, CA City Chevrolet No Response San Diego, CA Downtown Ford No Response Sacramento, CA Drew Ford No Response La Mesa, CA El Cajon Ford No Response El Cajon, CA Fuller Ford No Response Chula Vista, CA Kearny Mesa Ford No Response San Diego, CA Ken Grody Ford No Response Carlsbad, CA Mossy Ford No Response San Diego, CA Ron Baker Chevrolet N No Response National City, CA Villa Ford No Response Irvine, CA Present at bid opening RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID IN THE TOTAL AMOUNT OF $38,099.22 FOR THREE PICK-UP TRUCKS FROM PERRY FORD OF NATIONAL CITY WHEREAS, the Purchasing Agent of the City of National City did, in open session on January 31, 2005, publicly open, examine and declare all sealed bids for Bid #GS0405-3, the purchase of two Ford Ranger XL extended cab trucks and one Ford F150XL long bed pickup truck, or equal. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the purchase of two Ford Ranger XL extended cab trucks and one Ford F150XL long bed pickup truck, or equal, to the lowest responsive bidder, to wit: PERRY FORD BE IT FURTHER RESOLVED by the City Council of the City of National City that the Purchasing Agent is hereby authorized to execute on behalf of the City, a purchase order between Perry Ford and the City of National City to provide said vehicles in accordance with the terms and conditions of Bid # GS0405-3. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 AGENDA ITEM NO. % ITEM TITLE Resolution of the City of National City approving the deferral of Ordinance No. 1491 and granting of "Covenant Running with the Land" to property owner at 2019 "D" Avenue, City of National City PREPARED BY Mauro Nebreja Engineering 336-4395 DEPARTMENT EXPLANATION Gertrudis Alarid, owner of the property at 2019 "D" Avenue, applied for a building permit. The property is served by a dirt alley and requires the construction of 650 square feet of Portland cement concrete per City Ordinance No. 1491. The owner have requested a deferral of saidordinance because of the following; 1) The City has not done a preliminary survey or design of the alley. 2) Construction of a portion of the alley might not meet the future requirements when the final design comes in, such as flow line elevations and certerline. In this regard, the owner has requested a deferral of said ordinance and has signed a "Covenant Running with the Land". The owner has also paid the $200.00 deferral fee. 2 ( Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the "Covenant Runnin with the Land" BOARD / COMMISSIO RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. See attached 2019d A-200 9;99) RE: Resolution of the City of National City approving the deferral of Ordinance No. 1491 and granting of "Covenant Running with the Land" to property owner at 2019 "D" Avenue, City of National City ATTACHMENTS (Listed Below) 1. Resolution 2. Signed and notarized "Covenant Running with the Land". 3. Exhibit "A" showing the dirt alley that needs the construction of 650 square feet of Portland cement concrete. 4. Receipt of $200.00 deferral fee RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A COVENANT RUNNING WITH THE LAND TO THE PROPERTY OWNERS AT 2019 "D" AVENUE WHEREAS, the property owners at 2019 "D" Avenue have applied to the City for a building permit for construction on their property which will require the construction of 1,145 square feet of Portland cement concrete of the alley section adjacent to their property pursuant to National City Municipal Code ("NCMC") Section 13.22.060; and WHEREAS, the property owners have requested and qualify for a deferral from said requirements as provided for in NCMC Section 13.22.090; and WHEREAS, the property owners have paid a deferral fee and executed a Covenant Running with the Land as required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the deferral of the Municipal Code requirements and a Covenant Running with the Land for the property located at 2019 "D" Avenue. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: CITY OF NATIONAL CITY AND WHEN RECORDED MAIL TO: City of National City 1243 National City Boulevard National City, CA 91950 Attn: City Clerk and City Engineer 770S SPACE FOR RECORDER'S USE OMY COVENANT RUNNING WITH THE LAND (Please fill in document title(s) on the this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) COVENANT RUNNING WITH THE LAND This COVENANT is made by Gertrudis Alarid hereinafter referred to as "OWNER". WHEREAS OWNER is the owner of that certain real property located in the City of National City, County of San Diego, State of California, described as follows: Lots 5 and 6 in Stein's Subdivision of West Quarter of ten acre Lot 12 in Quarter Section 153 of Rancho De La Nacion WHEREAS, said owner desires to be excused from the legal requirements to install the following improvements: Construction of 650 square feet of alley section adjacent to the property. NOW. THEREFORE, in consideration for the granting of a deferral to install said improvements by the City Council of the City of National City, said owner covenants for herself and her heirs, successors, assigns, executors and administrators as follows: 1. The owner will not protest the installation of any of the required improvements under 1913- 1915 Improvement Act Program, whether initiated by the property owners or the City. 2. The owner will install said improvements in conjunction with an overall improvement program of the area, whether initiated by the property owners or the City. 3. The owner will install the required improvements within 30 (Thirty) days of a written demand to do so by the City Engineer. Date: /— y- 07 17 d S Hertrudis Alarid Engineering Department No. 6956 SA:jha2 By: Mauro Nebreia STATE OF CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT } } SS. COUNTY OF San Diego } On -Fan 1,5 before me �'%ZQ .• personally appeared et`z 12f C r/_Q (I < r) 41 e (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namefe.) isLare subscribed to the within instrument and acknowledged to me that -he/sheIthey executed the same in •his/heritheir authorized capacityfies), and that by iris/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the personjll) acted, executed the instrument. WITNESS my hand and official s (This area for official notarial sae) Signature L. SANCHEZ COMM. #13811141 Notary PuWa 1Ca1Nornla to SAN 01E00 COUNTY My Comm. Exp. Juno 23, 2006 C 4/94 Me.fwrn SR11 T.G. 105 5' Is PR5OPOSED CONCRETE-L-- WALK WAY ENERGY M. TO OE I' RELOCATE() BY SOGkE-- L \\\\\ \\�\\\ \\ \\\\\�\\\\\ \\\ \ \\\\ \U\�.\ \\\LU\1\. \\L T.G. 107.5' T.G. 102.5' _� ADDITI• Sae 607 EXISTYz SFR 032 SF 4 FP. 108]' EXIST'3 PORCH 125,0E T.G. 99.0' 1A/ to. 103.3 7,6, 101.0' N TA, 100.0' EX15T'G SIDEWALK EX15TG CURB 2019 'D' AVE a, 65O 54 Fr oFRfiv-L 4/. ccv,ENr cokc1E7- le A SITE PLAN SCALE : I/0" • 1' - 0' NORTH TRANSMITTAL FROM ENGINEERING DEPARTMENT Date: 04--eg /11 . Ate Name of business or person paying: G e c 5 AMOUNT: $ ZOO • P__Q_ Project Name: Zom P. Jvckwie, Project Address: — -Setn-Pi Engineering Staff Name: 7 / W41 PAA/Yht.P'; 12;1_2k,' -1A411 6r2IK 2119 d wuo..! MAO Purpose: 1)e )4e0--4 e gesoiceit;n, /q/ nt Plame tor TLAA X $ ACCOUNT* DESCRIPTION C001 RECTIP 200 • 60 # 001-3585-21000 Miscellaneous Revenue N/A N/A * 001-3147-21000 Miscellaneous Perrnits & Aoceals N/A N/A It 001-3547-21000 Storm Water Mamt INPDESI N/A N/A * 125-3610-797)7 Sewer Fee N/A N/A If N/A N/A * 718-3800 Trust & Aaencv Performance Cash Derposit PCD 3000-3999 Plan Check &/or Inspection PC/INSP 4000-4999 Street Imorovement Deposit SIO 6000-6999 I Statement of Understancinc SOU I 7000-7900 T & A Account Number. Finance Staff Initicts: FOR FINANCE STAFF ONLY Receipt Number: Date: National City 2 / 8133 01/04/2005 12:05:07 Reg CASH1 Validation Receipt CHARGES- 001-21000-3585 0F2135 2019 d avenue $ 200.00 Sub -total $********200.00 PAYMENT - Check - gertrudis alarid $ 200.00 Change $**********0.00 City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 EETING DATE AGENDA ITEM NO. 10 (-ITEM TITLE Resolution of the City of National City approving and granting an encroachment permit in connection with the front yard retaining wall at 3203 Stockman Avenue Mauro Nebreja Engineering PREPARED BY 336 4395 DEPARTMENT EXPLANATION Roberto Murillo and Ileana Murillo, owners of the property at 3203 Stockman Street, applied for a building permit. The property has a retaining wall, which is encroaching into the public right of way 1 foot and 11 inches. The Engineering Department have informed them of the violation and have given them the following options; 1) remove or relocate the retaining wall back to the property line and deposit $1,000.00 Dollars as a guarantee deposit which will be refunded if the retaining wall is removed or relocated, 2) Get an "Encroachment Permit and Agreement" which includes $1,000,000.00 liability insurance with (City of National City as additional insured) The owner chose to get an encroachment permit. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Encroachment Permit and Agreement V"( BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. See attached A-200 i9'99j RE: Resolution of the City of National City approving and granting an encroachment permit in connection with the front yard retaining wall at 3203 Stockman Avenue ATTACHMENTS (Listed Below) 1. Resolution 2. Signed and notarized "Encroachment Agreement" 3. Copy of the proof of $1,000,000.00 liability insurance with the City of National City as additional insured. 4. Exhibit "A" showing the retaining wall encroaching the public right of way. 5. Picture of the wall 6. Receipt of $1,000.00 guarantee deposit. 7. Receipt of $200.00 "Encroachment Agreement" fee. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THE PROPERTY OWNERS OF 3203 STOCKMAN STREET FOR A FRONT YARD RETAINING WALL THAT ENCROACHES INTO THE PUBLIC RIGHT-OF-WAY WHEREAS, Roberto and Ileana Murillo, the owners of the property located at 3203 Stockman Street, are seeking an encroachment agreement regarding their front yard retaining wall that is encroaching into the public right-of-way; WHEREAS, the applicant has executed an Encroachment Agreement with the City of National City which includes a $1,000,000 liability insurance policy naming the City as additional insured. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Roberto and Ileana Murillo, and directs the City Clerk to record the same. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney PLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: City of National City AND WHEN RECORDED MAIL TO: City of National City 1243 National. City Boulevard National City, CA 91950 1IOS SPACE FOR RECORDER'S USE ONLY Encroachment Agreement (Please fill in document title(s) on the thisLine) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording foe applies) .• ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Diego On j)eeem T7ere-0242VO iefore me Peee V e9 2. h z--,f7-(1992 personally appeared Pc,Q e,e t-- r(// G/U'eD (or proved to me on the basis of satisfactory evidence) to be the persona -whose name(s) is/Ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfher/thlsic authorized capacity(te4), and that by his/fir/tPeir signaturets) on the instrument the persontsj or the entity upon behalf of which the personM-acted, executed the instrument. WITNESS my hand and official seal.. Signature 44 R.e.Ferm /RI1 YELENA B. WEISHAAR Commission # 1446511 Notary Public - California San Diego County My Comm. Expires Oct 21, 2007 (This area for official notarial seal, FEE: $200.00 ENCROACHMENT PERMIT AND AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, Roberto and lleana Murillc(hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment.. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. t; FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: / Z�ZZ c OWNER/APPLICANT Roberto Murillo Printed Name & Signature .na /r) u, Ileana Murillo Printed Name & Signature Roberto Murillo 3203 Stockman Street Person in Responsible Charge (Print Name) National City CA 91950 619-470-7802 Mailing Address 24 hr. Phone Number Owner 619-470-7802 Firm Name Phone Number . Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT'X" ATTACHED A Allstate. Youre in good hands. Home Office Northbrook, IL ALLSTATE INSURANCE COMPANY CALIFORNIA HOMEOWNERS Calendar Date: 12/11/2004 Policy Number: 914570143 11 / 23 Insured : ILEANA & ROBERTO MURILLO Address : 3203 STOCKMAN ST City : NATIONAL CITY Home Phone No.: 619 - 470 - 7802 St.: CA Zip Code: 91950 ADD/CHANGE SECTION I AND II COVERAGES LIMITS Family Liability Protection - each occurrence $1000000 Guest Medical Protection - each person $2500 Conditions respecting Binder - Such insurance as may be bound by this service request: 1. is afforded in reliance by the Company on the statements made by the Insured; 2. shall be effective on the date, and at the time stated, but in no event sooner than such date and time; 3. is subject to the terms, exclusions and conditions of the Company's policy form, and of the forms and endorsements approved for use with such policy; 4. is limited to a period of thirty (30) days, beginning with the effective date hereof and expires at 12:01 A.M. Standard Time with respect to the designated property insurance policy on the last day of such limited period; provided, however, that the Company may sooner terminate such insurance by mailing to the Insured, at the address stated, written notice of rejection of this Service Request. R2853-1 Cdf3E-12-71) M ro_t) C 910 c c, Page 1 of More 4 WAlistate. You're in good hands. ALLSTATE INSURANCE COMPANY CALIFORNIA HOMEOWNERS Home Office Calendar Date: 12/11/2004 Policy Number: 914570143 11 / 23 Northbrook, IL This request is subject to policy terms and is effective only if the policy noted abo is currently in force. ,f767 41,1A. Policyholder's Signature SAR417-2 Effective 10 : 42 AM 12 / 11 / 2004 070858 EE8 FAX (619) 474-5253 ignature Agent # Location Agent's Phone # R2853-1' Page 2 of 002 -27 • Allstate. You're in good hands. Print Key Output 5722SS1 V5R2M0 020719 A4000080 Display Device QPADEV007J User SCAEE805 CA ALSTAR PROPOSAL SUMMARY POLICY COVERAGE Dwelling Other Structures Protection Building Structure Reimbursement Personal Property Protection Personal Property Reimbursement Provision Family Liability (Each Occurrence) Guest Medical (Each Person) Deductibles Applicable 500 Other Personalized Coverages Additional Endorsements TOTAL PROPERTY ANNUAL PREMIUM Page 1 12/11/04 10:43:20 AMOUNT 140,356 14,036 98,250 1,000,000 2,500 11/23/2004 PREMIUMS 510.00 105.00 5.00 9.00 629.00 Adjusted Policy Premium : $ 629.00 $ 58.00 Rates as of: 07/21/03 Current Policy Premium : $ 571,00 Data Display (Y/N)? N (ENTER) CONTINUE (F3) QUIT (F6) PEND GPQQSO MPQQS00 R2853-1 Allstate. You're in gond hands. EVIDENCE OF INSURANCE Coverage afforded by the policy is provided by the Allstate Insurance Company, Northbrook, Illinois Number : 000000914570143 Insured's name, mailing address and zip code: ILEANA & ROBERTO MURILLO 3203 STOCKMAN ST NATIONAL CITY CA 91950 Location of Premises (If different than shown above): SAME First Mortgagee, address and zip code: in favor of... BANK OF AMERICA RETAIL P 0 BOX 740030 ATLANTA GA 30374 Policy contains 438 BFU (AU319) Second Mortgagee, address and zip code: CITY OF NATIONAL CITY 1243 NATIONAL CITY NATIONAL CITY CA 91950 The POLICY PERIOD will begin on the date shown and will continue with no fixed date of expiration. The PREMIUM PERIOD will be Annual and begins on the same date shown. The POLICY PERIOD and PREMIUM PERIOD will begin at 12:01 a.m. Standard Time on 11/23/2004 to 11/23/2005 Insurance is provided as follows: POLICY TYPE - DELUXE HOMEOWNERS Policy Limit of Liability Section I Section I Dwelling Protection $140356 Extended Replacement Cost on Dwelling Personal Property Reimbursement R2853-1 Page 1 of More 7 Allstate® You're in good hands. EVIDENCE OF INSURANCE Number : 000000914570143 Deductibles $500 to loss to the covered property from all insured perils. Total Estimated Annual Premium $629.00 PROVISIONS: This form is not the contract of insurance. The provisions of the policy shall prevail in all respects. All premiums for the insurance policy shall be computed in accordance with Allstate's rules, forms, premiums and minimum premiums applicable to the insurance afforded which are in effect at the inception of the insurance and upon each anniversary thereof, including the date of interim changes. It is understood that should the insurance protection evidenced herein terminate for any reason, due notice will be given to the Insured, to the mortgagee, and to all other interested parties in accordance with the standard mortgagee clause ,(438 BFU). A copy of the Policy Declarations reflecting the annual premium will be sent, if required, to the mortgagee and to any other interested parties. Authorized Agent: BOB NICHOLS AGENCY Neighborhood Office 1727-D SWEETWATER RD SENIOR ACCOUNT AGENT NATIONAL CITY CA FAX (619) 474-5253 OFF. Y 19) 474-85 Agent Signature: 91950 R2853-1 Page 2 of 2 } -rC, al f --swam M" SITE PLAN NE147 �»c1s4.1 n, *- C 510.s..c61.4- co 93.94' PROPERTY LINE ,a._ - , \t! 1oQhOt� Baa✓a-t4- V) 0.001 4121t,ovE E KI S1;',N4 0' o.§ 97.4PROPERTY LINE co nGHe4e e •1 N F•�r(wa• Ic.. j RETAINING WALL ENCROACHING THE PUBLIC RIGHT OF WAY 'r.0 i.ci NORTH-1 5GALZ NTS 3203 Stock a �fire� J�. Date: 02- Der. - TRANSMITTAL FROM ENGINEERING DEPARTMENT n� AMOUNT: $ I,. 000 • ?9 - Engineering Staff Name: /�• �rfiil yti Name of business or person paying: 1Q(:)btrfv %vl urr'//o Project Name: PGta1Yi/`/A Waf/ 70 G /eN'W ✓e_Gc ./?Y1�1 p441t G IZ—O -rev Project Address: 3 2 C 3 S7fvek a-,/ fre et Purpose: gt7-Crf U P/441 £.4 Gtk No • b g lO e ° 23 ccount Name for T >L A A X $ ACCOUNT # DESCRIPTION I CODE I ACCT tk # 001-3585-21000 Miscellaneous Revenue 1 N/A 1 N/A # 001-3147-21000 I Miscellaneous Permits & Aooeals I N/A 1 N/A # 001-3547-21000 Storm Water Mamt (NPOES) N/A 1 N/A # 125-3610-2999? Sewer Fee 1 N/A 1 N/A R 1 N/A 1 N/A # 718-3800 Trust & Acenci 1 1 4600. EL.' Performance Cash Decosit 1 PCD 1 3000-3999 Plan Check &/or Insoec:ion 1 PC/INSP 1 4000-4999 Street Imorovernent Decosit 1 SID 1 6000-6999 I Statement of Understcncinc 1 SCU 1 7000-7900 T 3. A Account Number: FOR FINANCE STAFF ONLY National City 2 / 7622 12/02/2004 12:00:26 Reg CASH1 Validation Receipt CHARGES- 001-00000-3650 ZCLEAR 726 1141/murillo/3$ 1000.00 Sub -total $*******1000.00 PAYMENT - Check - murillo, roberto $ 1000.00 Change $**********0.00 Rece ct Number: TRANSMITTAL FROM ENGINEERING DEPARTMENT M. /Vatr Date: /'2%Z'/(7 AMOUNT: $�j 200. 00 {�,� Engineering Staff Name: ✓ av . Name of business or person paying:gAr, .lv/04 er� A! urt 110 Project Name: O [SW) 4741 i'kc /Ti Project Address•. 3z0.3 "Hp G/cfrn 04,1 t. Purpose: Oi eat' ac4'nrni rrekrloa /-Ge 741- te'tA(N t yetr- waif at A�\-V X V\I\ \�W\.r.. $ . . �• \.� ACCOUNT • DESCRIPTION ' CODE .. ACCT. ZO 0.0 0 it 001-3585-21000 Miscellaneous Revenue N/A N/A *001-3147-21000 Miscellaneous Permits & Appeals N/A N/A * 001-3547-21000 Storm Water Mgmt (NPDES1 N/A N/A ;# 125-3610-777n Sewer Fee N/A N/A it N/A I N/A 4* 718-3800 Trust & Aaencv Performance Cash Deposit PCO 3000-3999 I Plan Check &/or Inspection PC/INSP 14000-4999 Street improvement Deposit I SID 6000-6999 I Statement of Understcndinc I SOU 17000-7900 T & A Account Number. Finance Staff Initials: FOR EINANCE STAFF ONLY Receipt Number: Date: National City 2 / 8038 12/22/mr.t 14:11:43 Reg CASH1 Pece i pt CHANGI 001- 211JLi i-3585 0F2135 roberto murillo $ 200.00 Sub -total s********200.00 PAYMENT - Check - murill,. 200.00 Change s**********0.00 .4EETING DATE City of National City, California COUNCIL AGENDA STATEMENT 02/15/05 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City Authorizing Funds in the Amount of $20,789 for the Reimbursable Grant Purchase of Equipment for the Police Department From the FY03 State Homeland Security Grant — Supplemental Program PREPARED BY Walter Amedee, WP DEPARTMENT Mgmt. Analyst II 619/336-4556 EXPLANATION Fire The Federal Department of Homeland Security has announced San Diego County would receive $6.6 million in new funding for FY03. The funding was designed to supplement the purchase of equipment for police, fire, and emergency medical personnel. The San Diego County Office of Emergency Services coordinated the requests for equipment. National City's portion of the grant to purchase equipment totaled $41,758, which was divided evenly between the Police and Fire Departments. This program requires the City to purchase the equipment and then apply for reimbursement. In order to be eligible for reimbursement, the Police Department must order and/or receive the equipment prior to the March 30, 2005 deadline. Staff recommends the utilization of $20,879 of City funds to purchase (2) laptop computers for vehicles for the Police Department, and to request reimbursement for such equipment from the San Diego County Office of Emergency Services. The FY03 State Homeland Security Grant — Supplemental Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. / Environmental Review X N/A Financial Statement No negative impact; FY03 State Homeland Security Grant — Supplemental Program is a reimbursable grant that requires jurisdictions to order/receive equipment prior to being reimbursed for expenditures. Account No. STAFF RECOMMENDATION Staff recommends the purchase of equipment from the FY03 State Homeland Security Grant utilizing $20,879 in City funds. Direct Staff to submit reimbursement forms to the County Office of Emergency Services Accounts Payable Division. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Staff Report: FY03 State Homeland Security Grant — Supplemental Program. A-200 (9/80) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT AND DIRECTING A REQUEST FOR REIMBURSEMENT FOR SUCH EQUIPMENT FROM THE SAN DIEGO COUNTY OFFICE OF EMERGENCY SERVICES WHEREAS, the Federal Department of Homeland Security allocated $6.6 Million in grant funding to San Diego County to be used to supplement the purchase of equipment for police, fire and emergency medical personnel; and WHEREAS, National City's portion of the grant funds totaled $41,758, which was divided equally between the police and fire departments; and WHEREAS, the San Diego County Office of Emergency Services is responsible for coordinating the requests for equipment; and WHEREAS, the Fire Department has already utilized its share of the grant funds, $20,879, to purchase equipment; and WHEREAS, to ensure that the Police Department's equipment is purchased prior to the grant deadline of March 30, 2005, the Police Department's share of the grant funds must be used to order and/or receive equipment prior to that deadline, to enable staff to claim reimbursement out of the grant funding in a timely manner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the utilization of $20,879 of City funds to purchase equipment for the Police Department, and directs staff to request reimbursement for such equipment from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE February 15, 2005 AGENDA ITEM NO. 12 /ITEM TITLE Disclosure of Property Interest Located Within Redevelopment Project Area; Mayor Nick Inzunza PREPARED BY George H. Eiser, III 2 DEPARTMENT City Attorney EXT. 4221 EXPLANATION Please see attached memorandums. Environmental Review X N/A MIS Approval Financial Statement NA Approved By: Finance Director Account No. STAFF RECOMMENDATION 1. Enter disclosure on the minutes. 2. That the City Council certify that no improvements needed to be constructed nor work needed to be done on the subject property during all times that the Mayor has resided there, and that there is no need for such improvements or work in the future. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum from Mayor Memorandum from City Attorney A-200 (Rev. 7/03) TO: City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Elser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 City Manager FROM: City Attorney DATE: February 4, 2005 SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Mayor Nick Inzunza BACKGROUND Attached is a Disclosure of Property Interest Located within Redevelopment Project Area signed by Mayor Nick Inzunza. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). Section 33130 also requires that the City Council certify that no improvements need to be constructed nor work needs to be done on the subject property. The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTIONS It is requested that this disclosure be entered on the minutes of the City Council at their meeting of February 15, 2005. It is further requested that the City Council certify that no improvements needed to be constructed nor work needed to be done on the subjectproperty during all times that the Mayor has resided there, and that there is no need for such improvements or work in the future GEORGE H. EISER, II1 City Attorney GHE/gmo Attachment cc: Mayor Inzunza ® Recycled Paper NICK INZUNZA MAYOR TO: City Manager DATE: February 4, 2005 FROM: Mayor Inzunza SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Chairman Nick Inzunza Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the February 15, 2005 City Council meeting the fact that I own or have direct or indirect financial interests in the following property, located within the National City Redevelopment Project Area: Lease of single-family dwelling unit 916 A Avenue National City, CA 91950 During all times that I have resided at this address, no improvements needed to be constructed and no work needed to be done on this property, and there is no need for such improvements or work in the future. CITY ADMINISTRATION BUILDING • 1243 NATIONAL CITY BOULEVARD • NATIONAL CITY. CALIFORNIA 91956 TFi. (619) 336-4526 . FAX (619) 336-4239 • NInzunza@ci.national-city.ca.us City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 15, 2005 AGENDA ITEM NO. 13 ITEM TITLE WARRANT REGISTER #28 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance Park Morse 619-336-4330 Ratification of Warrant Register #28 per Government Section Code 37208. EXT. ( Environmental Review Financial Statement Not applicable. N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,343,877.05 BOARD / COMMISSION flECOMMEN : TION (W ATTACHMENTS ( Listed Below 1. Warrant Register #28 2. Workers Comp Warrant Register dated 01/12/05 3. Payroll Warrant Register dated 01/12/05 Resolution No. A-200 (Rev. 7/03) Payee City of National City WARRANT REGISTER # 28 1/18/05 Description chk no chk date amount A-1 HYDRAULIC SERVICES, INC DISASSEMBLED, CLEANED & INSPECTED MO1 198345 1/18/05 264.53 ACE UNIFORMS & ACCESSORIES,INC GLOVES FOR PARKING OFFCR P. CRAWFORD 198346 1/18/05 23.69 ALCEM FENCE CO., INC, MATERIALS, LABOR & EQUIPMENT COMPLET 198347 1/18/05 890.00 ALL AMERICAN SEWER TOOLS MDC-6 DEBRIS CATCI-IER W/20 FT ROPE, 6-IN 198348 1/18/05 427.99 AMERICAN PUBLIC WORKS ASSOC. APWA DUES 2005 /S. KIRKPATRICK 198349 1/18/05 132.00 AYRES HOTEL ADV LODGING/KEITH FIFIELD 198350 1/18/05 500.45 AYRES HOTEL ADV LODGING/JOSE TELLEZ 198351 1/18/05 500.45 AYRES HOTEL ADV LODGING/DET BAVENCOFF 198352 1/18/05 500.45 BANK OF AMERICA CREDIT CARD PMT#2805 198353 1/18/05 1,350.72 BAVENCOFF ADV MEALS/DET BAVENCOFF 198354 1/18/05 209.00 BEST BEST & KRIEGER LLP EXPERT & CONSULTANT SRVCS DEC 31,2004 198355 1/18/05 330.00 BISHOP COMPANY PETZL MICROENDER 1/2 ROPE CAP 198356 . 1/18/05 269.24 BUTLERS MILL, INC. MOP 45695-SPRAYER/SAFETY SUPPLIES 198357 1/18/05 259.84 C A P F FIRE/LTD JAN 2005 198358 1/18/05 640.00 CA MUNICIPAL STATISTICS INC DEBT STATEMENT AS OF 6/30/04 198359 1/18/05 400.00 CALIFORNIA COMMERCIAL SECURITY MOP 45754-KEY 198360 1/18/05 12.39 CALIFORNIA ELECTRIC SUPPLY MOP 45698-ELECTRICAL STOCK 198361 1/18/05 127.76 CALIFORNIA LAW ENFORCEMENT PD/LTD JAN 2005 198362 1/18/05 1,638.00 CARRIER JOHNSON, INC. CHAMBER RENOVATION NOV 1-28, 2004 198363 1/18/05 1,425.37 CCH INCORPORATED TAX/SHIPPING CHRGS ON 1 GAAP GUIDE BOOT 198364 1/18/05 20.32 CITY-WIDE ELECTRONICS QUARTERLY MONITORING FOR COMMUNITY 198365 1/18/05 85.50 CONRAD AND ASSOCIATES, LLP ANNUAL AUDIT OF CNC FY ENDED 06/30/04 198366 1/18/05 3,940.00 CORPORATE EXPRESS MOP 45704-MISC OFFICE SUPPLIES 198367 1/18/05 183.14 CUMMINS CAL PACIFIC, LLC END BELL 198368 1/18/05 1,838.85 1 D-MAX ENGINEERING INC DEC 2004 SRVCS-STORM WATER SRVCS 198369 1/18/05 15,860.59 DANIEL PEARCE/ RPM WELDING MOP 45749-REPAIRS TO VEHICLE #271 198370 1/18/05 145.78 DAPPER TIRE COMPANY INV#210213 - TIRES 198371 1/18/05 682.50 DAY WIRELESS SYSTEMS MAINTENANCE AND REPAIRS FOR NON -SAFE 198372 1/18/05 615.00 DELTA DENTAL DENTAL INS JAN 2005 198373 1/18/05 14,865.17 DELTACARE (PMI) DENTAL INS JAN 2005 #3094 198374 1/18/05 3,593.52 DIXIELINE LUMBER CO. MOP 45707-STOCK 198375 1/18/05 431.59 DOCUMENT SERVICES, ISF NOV 2004 MAIL SERVICES 198376 1/18/05 2,094.58 DOKKEN ENGINEERING DEC 2004 SRVCS-PLAZA BLVD WIDENING 198377 1/18/05 30,553.73 DREW FORD MOP 49078-HINGE FOR VEHICLE #408 198378 1/18/05 37.82 EW TRUCK & EQUIPMENT CO. INC. SENSOR 198379 1/18/05 101.30 FEDEX FEDEX CHRGS 198380 1/18/05 58.52 FERGUSON ENTERPRISES, INC MOP 45723-SEWER STOCK 198381 1/18/05 460.95 FIFIELD ADV MEALS/LTFIFIELD 198382 1/18/05 209.00 FLEETPRIDE AIR IMPACT WRENCHES 1/2 DRVE 198383 1/18/05 309.36 FLORES BUS LICENSE HOME OCCUPATION REFUND 198384 1/18/05 110.00 FORTIS BENEFITS VTL JAN 2005 198385 1/18/05 2,197.78 FORTIS BENEFITS INSURANCE CO MGMT/LTD JAN 2005 198386 1/18/05 2,981.71 • FORTIS BENEFITS INSURANCE CO LIFE INS JAN 2005 198387 1/18/05 1,915.92 GOVT INVESTMENTS OFFICERS ASSO 'GIOA MEMBERSHIP/CONF FEES-G HOOD 198388 1/18/05 225.00 GREGORY J. SMITH SRVC FEE NON -OWNER OCCUPIED RESIDENT] 198389 1/18/05 250.00 HAAKER EQUIPMENT COMPANY (INC. MOP 47937-EQUIPMENT PARTS 198390 1/18/05 452.33 HARLAN ADV MEALS/MICHAEL HARLAN 198391 1/18/05 133.00 HEALTH NET HEALTH INS JAN 2005 198392 1/18/05 56,506.95 HEALTH NET HEALTH NET-57135F JAN 2005 198393 1/18/05 2,244.91 HEALTH NET HEALTH -ELECT INS JAN 2005 85027A 198394 1/18/05 1,369.95 HEALTH NET HEALTH-RET INS/85027B JAN 2005 198395 1/18/05 913.32 HEALTH NET HEALTH NET-57135G .]AN 2005 198396 1/18/05 313.06 HERNANDEZ T&A 0785 3530 NEWBERRY/REFUND 198397 1/18/05 100.00 HOLIDAY INN EXPRESS ADV LODGING/MICHAEL HARLAN 198398 1/18/05 328.46 2 HYATT REGENCY HOTEL HOTEL CM DEPT MTG CONFIRMATION#452019 198399 1/18/05 369.80 ICMA BOOKS 198400 1/18/05 646.35 INTEGRATED INSIGHTS EMPLOYEE ASST PROGRAM JAN 2005 198401 1/18/05 886.60 IRON MOUNTAIN RECORDS MGMT STORAGE FEES 01/31/05 198402 1/18/05 75.00 KAISER FOUNDATION HEALTH PLANS KAISER INS JAN 2005 198403 1/18/05 98,156.49 KAISER FOUNDATION HEALTH PLANS KAISER RET INS JAN 2005 198404 1/18/05 1,827.92 KME FIRE APPARATUS SINGLE FOLD DOWN BRACKET 198405 1/18/05 126.41 LASER SAVER INC MOP 45725-PRINTER CARTRIDGE 198406 1/18/05 69.98 LEXIS-NEXIS CA DEERING DESKTOP CODE SET 2005 198407 1/18/05 209.91 LEX1S-NEXIS CA PARKERS LARMAC INDEX 2005 198408 1/18/05 134.96 LEXIS-NEXIS ONLINE CHARGES DEC 2004 198409 1/18/05 133.33 LIEBERT CASSIDY WHITMORE RETAINER AGREEMENT OCT & NOV 2004 198410 1/18/05 2,600.00 LONG'S DRUG STORES MOP 45727-DEPARTMENT CARDS 198411 1/18/05 10.67 LUCERO T&A 0789 304 5TH ST/REFUND 198412 1/18/05 3,000.00 MACAFEE & EDWARDS, INC MEXICAN INS/LOPEZ RUDY JAN 07-08, 2005 198413 1/18/05 35.78 MILE OF CARS ASSOCIATION SPL ASSESSMENT OF PROP TAX APPORT#5 198414 1/18/05 18,641.28 MILE OF CARS ASSOCIATION SPL ASSESSMNT OF PROP TAX APPORT#4 198415 1/18/05 3,416.89 MONTGOMERY KONE, INC. LABOR 198416 1/18/05 298.27 N & U TRUCKS & AUTO RECYCLING DW01060GBN WINDSHIELD GREEN TINT/BLUE 198417 1/18/05 156.67 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND JAN 2005 198418 1/18/05 4,995.83 . NAPA AUTO PARTS MOP 45735-SHOCKS 198419 1/18/05 300.14 NATIONAL CITY DELI FINANCE LUNCHEON MEETING JAN 11, 2005 198420 1/18/05 48.00 NC COMMUNITY CONCERT BAND CONCERT BAND PERFORMANCE 198421 1/18/05 22,500.00 ONE SOURCE DISTRIBUTORS MC CABLE W/GREEN GROUND AL 250' COIL 198422 1/18/05 183.12 ORANGE COUNTY SHERIFF'S DEPT ADV TUITION/FIFIELD/TELLEZBAVENCOFF 198423 1/18/05 150.00 P G AUTO PARTS RECONDITION STARTER 198424 1/18/05 380.28 P.S. JOBS ADVERTISEMENT FOR TRAFFIC ENGINEER 198425 1/18/05 99.00 PACIFIC AUTO REPAIR SMOG 40+ CITY VEHICLES/REPAIR VEH#840 198427 1/18/05 2,500.00 PACIFIC PRODUCTS & SERVICES 2' SQ 12GA X 10' TUBING W/HOLES 198428 1/18/05 4,424.48 PARTS PLUS AUTOSTORE #713 MOP 64946-PART FOR VEHICLE #374 198429 1/18/05 54.86 PEDERSEN ARBORISTS RESHARPEN SET KNIVES 198430 1/18/05 169.50 3 PERRY FORD MOP 45703-REPAIR TO VEHICLE #352 198431 1/18/05 592.43 PERVO TRAFFIC CENTER MOP 63846-FLAT SPRAY TIP 198432 1/18/05 685.01 PHILLIPS REIMB FOR MEALS/MILEAGE/PHILLIPS 198433 1/18/05 73.12 POWERSTRIDE BATTERY CO INC D750U YELLOW& CR MEMO U 430937 198434 1/18/05 37.33 PRUDENTIAL OVERALL SUPPLY MOP 45742-UNIFORM CLEANING - PARKS 198435 1/18/05 115.87 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 01-05-3 198436 1/18/05 61,731.22 ROADONE MOP 45687-TOW VEHICLE 859 198437 1/18/05 200.00 S.D. ROTARY BROOM CO. INC. MOBIL M/B POLY & WIRE MATERIAL KIT 198438 1/18/05 638.94 SHERWIN-WILLIAMS PRO -SIX PACK 1/2" 198439 1/18/05 87.79 SHOCKWEAR ORANGE ANVILS SHIRTS 198440 1/18/05 694.45 SKS INC. SHELL TELLUS T 22 198441 1/18/05 416.04 SOUTH BAY MOTORSPORTS PART NO YO003034 198442 1/18/05 493.91 SPECIAL T FIRE EQUIPMENT BRACKET FOR SCBA, MSA ULTRALITE II, 198443 1/18/05 17,070.82 SULLIVAN REIMB FOR MEALS/MILEAGE/SULLIVAN 198444 1/18/05 86.37 SWEETWATER AUTHORITY WATER BILLS/FACILITIES# 13 ACCTS 198445 1/18/05 8,023.83 SWEETWATER AUTHORITY WATER BILLS/STREET#16 ACCTS 198446 1/18/05 1,998.87 SWEETWATER AUTHORITY WATER BILLS/WASTEWATER#152-2700-0 198447 1/18/05 26.16 SWRCB ACCOUNTING OFFICE NPDES/ANNUAL FEE/LIBRARY 198448 1/18/05 284.00 T.S. INDUSTRIAL SUPPLY OAK BINKS 2001-66SD SPRAY GUN 198449 1/18/05 693.03 TELLEZ ADV MEALS/SGTTELLEZ 198450 1/18/05 209.00 THE FILIPINO PRESS ADVERTISING -MESSAGE FR MAYOR/COUNCIL 198451 1/18/05 900.00 THE LIGHTHOUSE, INC. MOP 45726-PRESSURE SWITCH 198452 1/18/05 23.00 THE STAR NEWS ADVERTISING -HOLIDAY CLOSURE 12/17-12/24 198453 1/18/05 543.40 THE STAR NEWS ADVERTISING 198454 1/18/05 50.63 VALLEY INDUSTRIAL SPECIALTIES MOP 46453-CITY WIDE DRAIN CLEANING 198455 1/18/05 861.56 VENTURE PUBLISHING, INC. BOOKS FOR RECREATION ACTIVITIES 198456 1/18/05 155.20 WELDON, WILLIAMS & LICK. INC. RESIDENTIAL PARKING PERMIT DECALS 198457 1/18/05 638.62 WEST GROUP PAYMENT CENTER ON-LINE CHARGES FOR DECEMBER 2004 198458 1/18/05 603.56 WESTFLEX INDUSTRIAL 1" MPT X 1" SHANK PIRANHA SEWER CLEANN 198459 1/18/05 85.13 WILLY'S ELECTRONIC SUPPLY MOP 45763-ELECTRICAL PARTS 198460 1/18/05 32.33 4 WOOD & WOOD. ATTORNEY SERVICES FRISBIE V. CNC 198461 1/18/05 3,042.00 WOOD & WOOD ATTORNEY SERVICES HANKS V. CNC 198462 1/18/05 1,521.00 ADVANCE BUSINESS GRAPHICS AND BLACK & WHITE BUSINESS CARDS 198463 1/18/05 59.74 ARCO GASPRO PLUS GAS FOR SUPV. VEHICLES 198464 1/18/05 173.06 AT SYSTEMS WEST INC MONEY TRUCK - JAN. '05 198465 1/18/05 345.05 AVAYA INC PHONE EQUIPMENT AGREEMENT 198466 1/18/05 86.17 BAYSHORE TRANSIT MGMT INC PAYROLL CK DTD 12/31/04 198467 1/18/05 47,463.36 BLUE SHIELD OF CA DENTAL INSUR. - JAN. 05 198468 1/18/05 526.27 CINTAS CORPORATION #694 EMBLEM CHARGES 198469 1/18/05 1,331.55 COLORALL TECHNOLOGIES BUS REPAIRS AS NEEDED FOR FY0405 198470 1/18/05 500.00 CORPORATE EXPRESS OFFICE SUPPLIES 198471 1/18/05 434.00 CUMMINS CAL PACIFIC, LLC BUS PARTS AS NEEDED FOR FY05 198472 1/18/05 420.06 DIXIELINE LUMBER CO TRIMMER LINE & GUARD 198473 1/18/05 188.32 EW TRUCK & EQUIPMENT CO INC AUTOMOTIVE PARTS AS NEEDED FOR FY0405 198474 1/18/05 831.66 GREAT AMERICAN INSURANCE CO WORKER'S COMP 12/22/04 198475 1/18/05 10,672.92 JANKOV1CH COMPANY DIESEL FUEL 198476 1/18/05 11,504.41 KAISER FOUNDATION HEALTH PLAN MEDICAL INSURANCE. - JAN. 05 198477 1/18/05 7,974.00 LASER SAVER INC HP BLACK INKJET 198478 1/18/05 118.20 M&M PLASTICS MISCELLANEOUS BUS SUPPLIES AS NEEDED 198479 1/18/05 3,027.53 MC DONALD TRANSIT ASSOC. INC. UNIFORM SHIRTS 198480 1/18/05 167.72 PERVO TRAFFIC CENTER SHOP SUPPLIES 198481 1/18/05 64.60 PRINCIPAL FINANCIAL GROUP 401K PPE 01/08/05 198482 1/18/05 4,709.31 PRUDENTIAL INSURANCE LIFE INSURANCE - JAN. '05 198483 1/18/05 212.86 SAN DIEGO GAS & ELECTRIC ELECTRIC 11/30/04 - 12/30/04 198484 1/18/05 2,165.62 SAN DIEGO TRANSIT TELE INFO LINE - DEC. '04 198485 1/18/05 2,410.92 SMART & FINAL CHRISTMAS PARTY FOOD 198486 1/18/05 272.25 SOUTH COAST MEDICAL CLINIC DRUG SCREEN 198487 1/18/05 72.00 SPANKY'S, INC. PORT-A-POTTIE SERVICING 198488 1/18/05 396.43 SWEETWATER AUTHORITY WATER 10/27/04 - 12/28/04 198489 1/18/05 721.16 THE HOME DEPOT CRC CLORINE TABS 198490 1/18/05 150.59 THE LIGHTHOUSE AUTO PARTS 198491 1/18/05 269.12 5 UNISOURCE MAINTENANCE SUPPLY JANITORIAL SUPPLIES 198492 1118/05 365.95 W.W. GRAINGER, INC. PLATFORM, ADJUSTABLE 198493 1/18/05 297.31 WILLIAMS REIMB COFFEE SUPPLIES 198494 1/18/05 92.20 JEFF KATZ ARCHITECTURE DEC 31 2004 SRVCS-CONSTRCTN ADMIN FIRE 200087 1/18/05 5,412.10 KLEINFELDER, INC. SRVCS THRU SEP 12, 2004-NC FIRE STATION 200088 1/18/05 10,035.50 KLEINFELDER, INC. NOV 2004 SRVCS-NC FIRE STATION 200089 1/18/05 2,272.00 Total Workers compensation checks 540,991.57 9413 1/12/05 156.66 9414 1/12/05 320.00 9415 1/12/05 370.00 9416 1/12/05 79.76 9417 1/12/05 47.60 9418 1/12/05 392.45 9419 1/12/05 45.08 9420 1/12/05 83.94 9421 1/12/05 11.69 9422 1/12/05 663.23 9423 1/12/05 200.00 9424 1/12/05 5.00 9425 1/12/05 74.50 9426 .1/12/05 27.84 9427 1/12/05 95.59 9428 1/12/05 162.33 9429 1/12/05 156.62 9430 1/12/05 953.13 9431 1/12/05 32.00 9432 1/12/05 32.00 9434 1/12/05 32.00 9435 1/12/05 48.00 6 PAYROLL, Pay period Start Date End Date Check Date 244 12/21/04 •01/03/05 1/12/04 GRAND TOTAL Total Total 9436 1/12/05 48.00 9437 1/12/05 48.00 9438 1/12/05 48.00 9439 1/12/05 48.00 9440 1/12/05 32.00 9441 1/12/05 48.00 9442 1/12/05 115.51 9443 1/12/05 403.24 9444 1/12/05 759.48 VOIDED CK#9412 VOIDED CK#9433 VOIDED CK#198426 TRANSIT WARRANTS CK#198463-198494 32 CHECKS $ 98,024.34 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION CK#200087-200089 3 CHECKS $ 17,719.60 5,539.65 797,345.83 1,343,877.05 7 001 104 105 109 111 125 135 147 154 172 173 174 188 189 191 211 212 222 230 231 246 250 252 254 273 274 275 276 280 301 302 307 312 552 626 627 628 629 631 632 643 724 726 City of National City Warrant Register # 28 1 /18/05 GENERAL FUND LIBRARY FUND PARKS MAINTENANCE FUND GAS TAXES FUND P.O.S.T. FUND SEWER SERVICE FUND SD COUNTY REG AUTO THEFT TASK GRANT -JUDGE PROGRAM STATE PUBLIC LIBRARY FUND TRASH RATE STABILIZATION FUND NATIONAL SCHOOL DIST CONTRACT SWEETWATER SCHOOL DIST CONTRAC GRANT - HIDTA CIVIC CENTER REFURBISHING STOP PROJECT SECURITY AND ALARM REGULATION FUND PERSONNEL COMPENSATION FUND WOW MOBILE GRANT FY 2000-2001 ABANDONED VEHICLE ABATEMENT GRANT HOUSING PILOT PROGRAM WINGS GRANT NEW FIRE STATION CONSTRUCTION AMERICORPS/CNCS GRANT LEAD -BASED PAINT HAZARD REDUCTION GRANT CBAG-MAJOR MEXICAN TRAFFICKERS LITERACY INITIATIVE XIII EASY VOTER GUIDE GRANT LITERACY SERVICES YEAR 2 AMERICORPS/CNCS YEAR 2 GRANT GRANT-C.D.B.G. CDC PAYMENTS PROPOSITION A" FUND STP LOCAL/TRANSNET HIGHWAY TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL SERVICES FUND INFORMATION SYSTEMS MAINTENANC TELECOMMUNICATIONS REVOLVING GENERAL ACCOUNTING SERVICES MOTOR VEHICLE SVC FUND COBRA/RETIREE INSURANCE ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 878,151.68 22,595.44 19,345.58 4,424.48 4,100.02 31,948.41 2,615.55 1,292.41 1,473.41 1,776.09 2,266.69 5,117.46 2,894.43 1,425.37 3,012.18 1,258.56 23,807.63 2,513.38 3,719.68 2,205.51 1,114.51 17,719.60 2,442.65 5,409.51 2,932.18 1,009.02 240.06 606.66 1,018.97 27,801.79 30,534.36 12,695.16 21, 746.83 98,024.34 25,523.72 13, 710.51 5,666.02 4,159.13 4,094.05 20,924.88 21,364.01 6,095.13 3,100.00 1,343,877.05 8 City of National City, California COUNCIL AGENDA STATEMENT _METING DATE March 01, 2005 AGENDA ITEM NO. 14 ITEM TITLE WARRANT REGISTER #29 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance fi„ Park Mors (-- 619-336-4330 Ratification of Warrant Register #29 per Government Section Code 37208. EXT. 2 Environmental Review N/A MIS Approval L Financial Statement Not applicable. Approved B ?es Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,128,526.43 BOARD / COMMISSION RECPMMENDATI 4 ATTACHMENTS ( Listed Below ) 1. Warrant Register #29 2. Workers Comp Warrant Register dated 01/19/05 Resolution No. A-200 (Rev. 7/03) Payee AFFORDABLE KIOSKS CARRIER JOHNSON, INC. CITY OF NATIONAL CITY ABC CLIO, INC. AL'S COINS ALLSTAR WATER COND. AMAZON.COM CREDIT BAKER & TAYLOR BAKER & TAYLOR BOWKER BWI CALIFORNIA LIBRARY ASSOC. CALTAC DYNIX INC. FACTS ON FILE JANIE ANDERSON, CFRE KELLY PAPER LIGHT IMPRESSIONS MIDWEST TAPE NATIONAL GEOGRAPHIC SOCIETY NATIONAL SCHOOL DISTRICT OMNIGRAPHICS, INC. QUILL CORPORATION SAN DIEGO COUNTY OFFICE OF ED THOMSON GALE U.S. POSTMASTER City of National City WARRANT REGISTER # 29 1/25/05 Description chk no chk date amount SK070-17 SLABB 7 FLOOR STANDING KIOSK, 198495 1/20/05 4,750.00 SRVCS 6/28-7/25/04 CHAMBER RENOVATION 198496 1/20/05 3,935.98 PETTY CASH BOOKS BOOKS CONTRACT SERVICES BOOKS BOOKS BOOKS BOOKS BOOKS PERIODICALS AND NEWSPAPERS MEMBERSHIP AND SUBSCRIPTIONS CONTRACT SERVICES(CAPITAL OUTLAY) BOOKS CONTRACT SERVICES(CAPITAL OUTLAY) OFFICE SUPPLIES MATERIALS. AND SUPPLIES PHOTOGRAPHIC SUPPLIES BOOKS PRINTING AND BINDING BOOKS MATERIALS AND SUPPLIES CONTRACT SERVICES BOOKS(DONATION ACCOUNT) POSTAGE 198497 1/24/05 1,067.34 198498 1/24/05 566.46 198499 1/24/05 162.70 198500 1/24/05 110.29 198501 1/24/05 140.76 198502 1/24/05 492.85 198503 1/24/05 921.54 198504 1/24/05 265.32 198505 1/24/05 51.96 198506 1/24/05 646.50 198507 1/24/05 65.00 198508 1/24/05 7,704.13 198509 1/24/05 417.69 198510 1/24/05 3,900.00 198511 1/24/05 301.70 198512 1/24/05 105.52 198513 1/24/05 187.60 198514 1/24/05 17.05 198515 1/24/05 68.70 198516 1/24/05 59.70 198517 1/24/05 826.76 198518 1/24/05 390.00 198519 1/24/05 1,405.46 198520 1/24/05 222.00 1 Payee WEST GROUP PAYMENT CENTER A-AMERICAN NATIONAL CITY ALTADENA LIBRARY DISTRICT ALTON AMEDEN ANDRADE APALATEGUI ARMSTRONG AT&T ATKIN BAUTISTA BECKER INSTITUTE INC BELL BEST WESTERN SEVEN SEAS LODG BOOKPOWER BROWNLEE CA STATE UNIVERSITY SACRAMEN CALIFORNIA LIBRARY ASSOC. CAMPBELL CANTWELL CARLA CAMPBELL LEHN CATHAY RETA CITY OF ESCONDIDO CITY OF SANTA CLARA CLARK CORA FORCELL CORDOVA City of National City WARRANT REGISTER # 29 1/25/05 Description BOOKS chk no chk date amount 198521 1/24/05 98.87 RENTALS & LEASES (AMERICORPS/CNCS Y-2'198522 1/24/05 163.00 TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/CNCS) MATERIALS & SUPPLIES (WOW) TRAVEL (LIT. INIT. XIII) TELEPHONE (ELLI) TRAVEL (AMERICORPS/CNCS) TRAVEL (AMERICORPS/CNCS) 198523 1/24/05 409.40 198524 1/24/05 283.50 198525 1/24/05 63.29 198526 1/24/05 79.94 198527 1/24/05 86.16 198528 1/24/05 48.75 198529 1/24/05 65.88 198530 1/24/05 113.56 198531 1/24/05 61.88 EXPERT SERVICES (AMERICORPS/LSTA Y-2) 198532 1/24/05 1,136.00 TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/LSTA/CNCS) INSTRUCTIONAL SUPPLIES (WOW) TRAVEL (AMERICORPS/ LSTA Y-2) TRAVEL (AMERICORPS/CNCS Y-2) TRAVEL (LIT. INIT. XIII) 198533 198534 198535 198536 198537 198538 EXPERT SERVICES (AMERICORPS/LSTA-2) 198539 TRAVEL (AMERICORPS/LSTA Y-2) TRAVEL (AMERICORPS/CNCS) CONTRACT SERVICES (PRIME TIME) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/LSTA Y-2) EXPERT SERVICES (EASY VOTER GUIDE) 198540 198541 198542 198543 198544 198545 TRAVEL (LIT. INIT. XIII) 198546 EXPERT SERVICES (AMERICORPS/LSTA-2) 198547 1/24/05 20.00 1/24/05 35,269.96 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 1/24/05 538.75 39.28 400.00 4,495.00 25.00 10.75 240.20 3,000.00 1,108.80 693.20 3,059.54 34.00 25.00 2 City of National City WARRANT REG1STER # 29 1/25/05 Payee Description chk no chk date amount CORONEL TRAVEL (AMERICORPS/CNCS) 198548 1/24/05 18.70 CRUZ EXPERT SERVICES (AMERICORPS/LSTA Y-2) 198549 1/24/05 886.00 DAVID EXPERT SERVICES (AMERICORPS/CNCS Y-2) 198550 1/24/05 886.00 DE BROWN TRAVEL (AMERICORPS/CNCS) 198551 1/24/05 104.69 DISHMAN TRAVEL (LIT. SVCS. Y-2) 198552 1/24/05 130.28 EVANS TRAVEL (LIT. INIT XIII) 198553 1/24/05 76.50 FEDEX KINKO'S PRINTING & BINDING (LIT. INIT. XIII) 198554 1/24/05 1,390.45 FENCL FERGUSON TRAVEL (AMERICORPS/LSTA Y-2) 198555 1/24/05 19.38 FESTEJO TRAVEL (AMERICORPS/CNCS) 198556 1/24/05 87.60 FLORES TRAVEL (AMERICORPS/LSTA Y-2) 198557 1/24/05 70.72 FRANCES WILLIAMS HOUSER TRAVEL (LIT. INIT. XIII) 198558 1/24/05 64.50 FULGHUM-NUTTERS TRAVEL (AMERICORPS/LSTA Y-2) 198559 1/24/05 551.63 GERALD EDWARDS TRAVEL (LIT. INIT. XIII) 198560 1/24/05 304.88 GOMEZ TRAVEL (AMERICORPS/CNCS) 198561 1/24/05 345.63 GOODYEAR EXPERT SERVICES (AMERICORPS/LSTA Y-2) 198562 1/24/05 1,014.40 GRIFFIN TRAVEL (AMERICORPS/LSTA Y-2) 198563 1/24/05 99.96 HARPER TRAVEL (AMERICORPS/LSTA Y-2) 198564 1/24/05 44.20 KELLY PAPER MATERIALS & SUPPLIES (LIT. SCVS. Y-2) 198565 1/24/05 603.40 LITERACYWORKS EXPERT SERVICES (AMERICORPS/LIT. SVCS.)198566 1/24/05 78,126.29 MARISA ABRAMO TRAVEL (AMERICORPS/LSTA) 198567 1/24/05 1,766.04 MARTHA LANE TRAVEL (LIT. INIT. XIII) 198568 1/24/05 289.60 MCCORMICK TRAVEL (LIT. INIT. XIII) 198569 1/24/05 123.68 MINDSET SOFTWARE INC. CONTRACT SERVICES (LIT. INIT. XIII) 198570 1/24/05 1,404.00 MORALES TRAVEL (AMERICORPS/CNCS) 198571 1/24/05 40.80 NICHOLS TRAVEL (PRIME TIME) 198572 1/24/05 123.20 O'HARA TRAVEL (LIT. INIT. XIII) 198573 1/24/05 1,722.79 OAKMON EXPERT SERVICES (AMERICORPS/LSTA Y-2) 198574 1/24/05 886.00 3 QUILL CORPORATION RATH RCFOL - PROJECT READ RIVAS ROSS RUTH SAKAMOTO-JAHNKE SANCHEZ SCHWARTZBERG SCLLN SHAW SHUMATE SMART & FINAL SORENSEN SPRINT STRATEGIC RESOURCE COMPANY SWINK TAULER TELLO THE FAIRMONT SAN JOSE THIRD WEEK BOOKS TUOLUMNE COUNTY LIBRARY WASHINGTON WATSON WEISBERG WILLIAMS City of National City WARRANT REGISTER # 29 1/25/05 Payee Description chk no chk date amount PINPOINT MARKETING GRP, INC MATERIALS & SUPPLIES (AMERICORPS/CNCS198575 1/24/05 2,418.99 INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) 198576 1/24/05 83.31 TRAVEL (AMERICORPS/LSTA Y-2) 198577 1/24/05 40.00 TRAVEL (AMERICORPS/LSTA Y-2) 198578 1/24/05 1,091.00 TRAVEL (AMERICORPS/LSTA) 198579 1/24/05 28.38 TRAVEL (AMERICORPS/LSTA Y-2) 198580 1/24/05 34.79 TRAVEL (AMERICORPS/LSTA Y-2) 198581 1/24/05 95.20 TRAVEL (AMERICORPS/LSTA Y-2) 198582 1/24/05 711.20 TRAVEL (AMERICORPS/LSTA Y-2) 198583 1/24/05 131.92 TRAVEL (LIT. INIT. XIII) 198584 1/24/05 301.19 TRAVEL (LIT. SVCS. Y-2) 198585 1/24/05 125.00 TRAVEL (LIT. INIT. XIII) 198586 1/24/05 26.25 TRAVEL (AMERICORPS/LSTA Y-2) 198587 1/24/05 20.00 INSTRUCTIONAL SUPPLIES (LIT. SVCS. Y-2) 198588 1/24/05 98.25 TRAVEL (AMERICORPS/LSTA Y-2) TELEPHONE (ELLI) EXPERT SERVICES (AMERICORPS/CNCS) EXPERT SERVICES (PRIME TIME) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) INSTRUCTIONAL SUPPLIS (WOW) TRAVEL (LIT. INIT. XIII) TRAVEL (LIT. INIT. XIII) EXPERT SERVICES (AMERICORPS/LSTA-2) TRAVEL (LIT. INIT. XIII) TRAVEL (AMERICORPS/CNCS) 198589 1/24/05 43.52 198590 1/24/05 58.71 198591 1/24/05 1,308.00 198592 1/24/05 87.50 198593 1/24/05 426.60 198594 1/24/05 20.00 198595 1/24/05 68,357.64 198596 1/24/05 411.00 198597 1/24/05 120.68 198598 1/24/05 16.00 198599 1/24/05 2.5.00 198600 1/24/05 275.25 198601 1/24/05 48.96 4 WOODLAND PUBLIC LIBRARY AMERICAN FORENSIC NURSES ASPEN PUBLISHERS INC BANK OF AMERICA BISHOP BOOT WORLD CA JUVENILE FIRESETTER COALIT CALIFORNIA COMMERCIAL SECUR CALIFORNIA ELECTRIC SUPPLY CALIFORNIA PEACE OFFICERS' CARRIER JOHNSON CARRIER JOHNSON, INC. CHILDREN'S HOSPITAL CHOICEPOINT CMRTA COASTAL CONSERVANCY COASTAL CONSERVANCY SUBS / ROGER POS198618 COLLINS STRATEGIC GROUP, INC. FACILITATOR FOR CPRC 198619 City of National City WARRANT REGISTER # 29 1/25/05 Payee Description chk no chk date amount WISCHINIA EXPERT SERVICES (AMERICORPS/LSTA-2) 198602 1/24/05 25.00 TRAVEL (LIT. INIT. XIII) 198603 1/24/05 107.38 SUSPECT BLOOD WITHDRAWALS, URINE TEE198604 1/25/05 861.00 1 APA BASIC GUIDE TO PAYROLL 2005 BOOK 198605 1/25/05 250.48 ANNUAL FEE BOA CREDIT CARDS 198606 1/25/05 50.00 ADV MEALS/MILEAGE/R BISHOP SUPV LEAD]198607 1/25/05 142.88 MOP 64096-SFTY BOOTS FOR LUIS GONZALE2198608 1/25/05 116.35 SEMINAR REGISTRATION & MEMBERSHIP 198609 1/25/05 100.00 MOP 45754-KEY 198610 1/25/05 116.93 MOP 45698-POLICE DEPT EXTERIOR LIGHTINJ198611 1/25/05 268.30 2005 ANNUAL CPOA MEMBERSHIP RENEWAL198612 1/25/05 70.00 NOV 29-DEC 26, 2004 NC LIB FF&E SRVCS 198613 1/25/05 4,930.00 NOV 29-DEC 26 2004 NC LIB BASIC SRVCS 198614 1/25/05 15,136.62 CHILD SEXUAL ASSAULT EXAMS AS NEEDEr198615 1/25/05 346.00 AUTO TRACK DATABASE - UNLIMITED ACCE198616 1/25/05 100.00 CMRTA DUES FOR CALENDAR YR 2005 198617 1/25/05 50.00 1/25/05 18.00 1/25/05 5,334.38 CORPORATE EXPRESS MOP 45704-MISC OFFICE SUPPLIES 198620 1/25/05 106.10 COUNTY OF SAN DIEGO RENEWAL/MUNICIPAL POOL JAN'05 TO JAN'0198621 1/25/05 404.00 D-MAX ENGINEERING INC T&A 786 REVIEW ESTRELLA WALK 198622 1/25/05 1,172.50 DATA TICKET INC CITATION PROCESSING DEC 2004 198623 1/25/05 2,794.00 DAY WIRELESS SYSTEMS REPLACEMENT PARTS FOR THE 800 MHZ RAI198624 1/25/05 16.17 DIXIELINE LUMBER CO. MOP 45707-STOCK 198625 1/25/05 581.70 DUMAS EDUC REIMB/GREG DUMAS 11/23/04-12/18/04 198626 1/25/05 531.00 EXPERIAN CREDIT CHECKS FOR NEW PD EMPLOYEES Fi198627 1/25/05 42.36 FEDEX FEDEX CHARGES 198628 1/25/05 68.52 5 Payee FEDEX FEDEX FEDEX FERGUSON ENTERPRISES, INC FIRE PREVENTION SERVICES INC FORTIS BENEFITS INSURANCE CO GOLDEN WEST COLLEGE GONZALES GRAINGER HERNANDEZ HOLIDAY INN EXPRESS HYATT REGENCY HOTEL HYATT REGENCY ORANGE COUNT JAYNES CORPORATION JOBS AVAILABLE INC. KAMIN & ASSOCIATES, INC. KATZ OKITSU & ASSOCIATES KELLEY BLUE BOOK KIRK ARTHUR LA PRENSA SAN DIEGO LEAGUE OF CALIFORNIA CITIES LEKOS ELECTRIC INC. LIEBERT CASSIDY WHITMORE LONG'S DRUG STORES LOPEZ MACAFEE & EDWARDS, INC City of National City WARRANT REGISTER # 29 1/25/05 Description chk no chk date amount FEDEX CHARGES 198629 1/25/05 35.89 FEDEX CHRGS 198630 1/25/05 22.93 FEDEX CHRGS 198631 1/25/05 19.09 MOP 45723-STOCK FOR MUNICIPAL POOL 198632 1/25/05 212.86 SPL ASSESSMENT OF WEED/RUBBISH ABATE198633 1/25/05 3,693.13 198634 1/25/05 7,634.86 ADV TUITION/MATT REMMERS/SUPV CRSE 198635 1/25/05 147.00 ADV MEALS/A GONZALES CPCA CONFERENC198636 1/25/05 209.00 MOP 65179-FILTER FOR SHOP VACUUM 198637 1/25/05 48.79 ADV MEALS/MILEAGE/HERNANDEZ/CALNEN 198638 1/25/05 191.50 ADV LODGING/RANDY BISHOP SUPV LEADRE198639 1/25/05 328.46 ADV LODGING/ADOLFO GONZALES CPCA CO198640 1/25/05 924.40 ADV LODGING/MARIE HERNANCEZ CALNEN,198641 1/25/05 315.00 198642 1/25/05 67,801.00 198643 1/25/05 220.00 198644 1/25/05 383.79 198645 1/25/05 1,350.00 198646 1/25/05 124.35 REIMB OFFICE SUPLS/XMAS CARDS/MEETINt198647 1/25/05 111.27 DISPLAY ADVERTISEMENT -HOLIDAY CLOSU 198648 1/25/05 567.00 REGISTRATION/CM DEPT MEETING-C ZAPAT.198649 1/25/05 475.00 STD/LTD JAN 2005 ESCROW RETENTION ACCT#2010160619 ADVERTISEMENT FOR TRAFFIC ENGINEER PLAQUE/CAMEO/STEVE RAY -RETIREMENT ENGINEERING SERVICES O4-6 USED CAR GUIDE/OLDER CAR GUIDE 8TH & V DECEMBER 2004 SERVICES RETAINER AGREEMENT DEC 2004 MOP 45727-KODAK PAPER INTERPRETATION SERVICES JAN 18, 2005 MEXICAN INSURANCE JAN 06-07. 2005 for MARCOTTE & HEARNE BUILDERS DEC 2004 SRVC-CONSTRUCTN OF FIRE STAT1198655 198650 1/25/05 72,990.00 198651 1/25/05 1,314.13 198652 1/25/05 9.69 198653 1/25/05 100.00 198654 1/25/05 33.94 1/25/05 169,934.82 6 Payee MILE OF CARS ASSOCIATION MONEY MORSE N C CHAMBER OF COMMERCE NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS PARKER & IRWIN APC PARTS PLUS AUTOSTORE #713 PENNWELL CORP. PERRY FORD PERVO TRAFFIC CENTER POLICE EXEC RESEARCH FORUM PROTECT AMERICA INC. PRUDENTIAL OVERALL SUPPLY PSTC RAY REMMERS RESIDENCE INN RON BAKER CHEVROLET-GEO-ISU S.D. ROTARY BROOM CO. INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO NEIGHBORHOOD NEWS SANDPIPA SCHMIDT DESIGN GROUP SD REGIONAL TRAINING CENTER City of National City WARRANT REGISTER # 29 1/25/05 Description chk no chk date amount SPL ASSESSMENT APPORTIONMENT#6 198656 1/25/05 32,595.21 3 YEARS SUBS TO MONEY MAGAZINE/PMOR:198657 PURCHASE OF BOOKS FOR PARK MORSE MEMBERSHIP 01/01/05 - 01/01/06 HOOD, G CATERING 1, KSC MEETING 11/13/04 CATERING (a), CPRC MEETING 1/12/05 ATTORNEY SERVICES 198658 198659 198660 198661 198662 MOP 64946-BRAKE PARTS FOR VEHICLE #297 198663 VEHICLE EXTRICATION: A PRACTICAL GUID] 198664 MOP 45703-CHECK ENGINE LIGHT VEH. #407 198665 MOP 63846-SPECIAL SIGNS DUES 01/01/05 - 12/31/05 FOR A GONZALES MONOTORING SERVICES JAN 2005 MOP 45742-UNIFORM CLEANING -PARKS 198666 198667 198668 198669 ADV CONF/MARIE HERNANDEZ /CALNENA 0198670 RETIREE HEALTH BENEFITS JAN 2005 198671 ADV MEALS/MILEAGE/MATT REMMERS SUP\ 198672 ADV LODGING/MATT REMMERS/SUPV CRSE 198673 MOP 45751-VEHICLE REPAIRS MOP 62683-STREET SWEEPER REPAIR ELECTRIC BILL/STREET 2 ACCOUNTS ELECTRIC BILL/FACILITIES 2 ACCOUNTS 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 198674 1/25/05 198675 198676 198677 ELECTRIC BILL/WASTEWATER 2 ACCOUNTS 198678 ADVERTISING/SPECS 03-10 & 03-11 FAITHFUL PERFORMANCE BOND 198679 198680 NOV 1-30, 2004 SRVCS PARADISE CREEK REM198681 CCMA MEETING 12/02/04 -L WURBS/C ZAPATi198682 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 1/25/05 30.00 100.00 65.00 400.00 80.00 1,327.50 245.22 76.35 40.00 322.64 160.00 59.90 95.55 98.00 190.00 525.44 1,088.64 264.00 569.18 30,269.32 13,075.58 174.07 686.26 6,741.00 849.26 50.00 7 City of National City WARRANT REGISTER # 29 1/25/05 Payee Description chk no SELTZER CAPLAN MCMAHON VITE PROF SRVCS 12/31/04-NCPD DISPATCH 198683 SMART & FINAL SOUTHWESTERN COLLEGE SOUTHWESTERN COLLEGE SPARKLETTS STRATACOM SWEETWATER AUTHORITY SWEETWATER AUTHORITY SWEETWATER KIWANIS TETRA TECH ASL, INC. TETRA TECH, INC. THE STAR NEWS TOPECO PRODUCTS U.S. HEALTHWORKS UCMC: UNIV. COMMUNITY MEDICA VALLEY INDUSTRIAL SPECIALTIES VALLEY INDUSTRIAL SPECIALTIES WEST GROUP PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY FORTIS BENEFITS INSURANCE CO MARCOTTE & HEARNE BUILDERS RUDOLPH AND SLETTEN, INC MOP 45756-MISC SUPPLIES INTERN YAJAIRA ADAMS 11/08/04-12/05/04 INTERN YAJAIRA ADAMS 12/06/04-01/09/05 WATER FOR MAYOR & CITY COUNCIL MOP 63845-BUS LICENSE APLICATIONS WATER BILLS/STREET 3 ACCOUNTS WATER BILLS/FACILITIES 3 ACCOUNTS 198684 198685 198686 198687 198688 198689 198690 KIWANIS DUES JAN/FEB/MAR 2005-C ZAPATA198691 OCT 30-NOV 26, 2004-STREET RESURFACING 198692 T&A 786 2ND CHECK/ESTRELLA WALK 198693 ORDINANCE 2004-2257/PUBLIC HEARING MOP 63849-CLAMP FOR VEHICLE #236 MEDICAL SERVICES 12/09/04 198694 198695 198696 SEXUAL ASSAULT (SART) EXAMS AS NEEDEI198697 MOP 46453-SHOP STOCK EL TOYON 198698 MOP 46453-LANDSCAPE DRAINS - EL TOYON 198699 INSTALLMENT PMNT-WEST GRP CODES MOP 45763-SPADE BIT SET STD/LTD DEC 2004 198700 198701 198702 chk date amount 1/25/05. 11,171.36 1/25/05 36.45 1/25/05 93.24 1/25/05 61.48 1/25/05 72.26 1/25/05 604.38 1/25/05 742.50 1/25/05 642.50 1/25/05 195.00 1/25/05 9,146.00 1/25/05 562.50 1/25/05 422.82 1/25/05 14.79 1/25/05 90.00 1/25/05 525.00 1/25/05 62.72 1/25/05 748.46 1/25/05 133.17 1/25/05 10.34 1/25/05 7,369.65 DEC 2004 SRVC-CONSTRUCTN OF FIRE STATI200090 1/25/05 363,396.18 12/31/04 SRVCS-NCFS HDQTS #34 200091 1/25/05 21,234.00 Total $ 1,118,388.87 Workers compensation checks 9445 9446 9447 1/19/05 1/19/05 1/19/05 5.44 320.00 370.00 8 City of National City WARRANT REGISTER # 29 . 1/25/05 Payee Description chk no chk date amount 9448 1/19/05 32.30 9449 1/19/05 964.41 9450 1/19/05 32.61 9451 1/19/05 341.76 9452 1/19/05 1,165.32 9453 1/19/05 255.34 9454 1/19/05 556.48 9455 1/19/05 800.14 9456 1/19/05 459.42 9457 1/19/05 298.76 9458 1/19/05 50.00 9459 1/19/05 74.50 9460 1/19/05 83.94 9461 1/19/05 64.83 9462 1/19/05 57.23 9463 1/19/05 64.58 9464 1/19/05 48.00 9465 1/19/05 354.76 9466 1/19/05 202.78 9467 1/19/05 3,534.96 TRANSIT WARRANT LIBRARY WARRANTS Total $ 10,137.56 Grand Total 1,128,526.43 C10198495 1 CHECK $ 4,750.00 CK#198498-198603 106 CHECKS $238,317.44 PAID OUT OF HUD GUARANTEED LOAN FUND ACCT FOR THE CONSTRUCTION OF THE NEW FIRE STATION C10200090-200091 2 CHECKS $384,630.18 9 001 104 105 108 109 111 125 136 189 211 212 222 225 231 241 242 250 252 253 254 274 275 276 277 278 279 280 301 302 307 348 552 626 627 632 643 726 City of National City WARRANT REGISTER #29 1/25/05 GENERAL FUND LIBRARY FUND PARKS MAINTENANCE FUND LIBRARY CAPITAL OUTLAY GAS TAXES FUND P.O.S.T. FUND SEWER SERVICE FUND TINY TOT CLASSES FUND CIVIC CENTER REFURBISHING SECURITY AND ALARM REGULATIO PERSONNEL COMPENSATION FUND WOW MOBILE GRANT FY 2000-2001 ENGLISH LANGUAGE LITERACY IN HOUSING PILOT PROGRAM NATIONAL CITY LIBRARY STATE GR N. CITY LIBRARY MATCHING FUND NEW FIRE STATION CONSTRUCTION AMERICORPS/CNCS GRANT RECREATIONAL ACTIVITIES FUND LEAD -BASED PAINT HAZARD REDUC LITERACY INITIATIVE XIII EASY VOTER GUIDE GRANT LITERACY SERVICES YEAR 2 NC PUBLIC LIBRARY DONATIONS F AMERICORPS LSTA GRANT II PRIME TIME FAMILY READING TIME AMERICORPS/CNCS YEAR 2 GRANT GRANT-C.D.B.G. CDC PAYMENTS PROPOSITION A" FUND STATE GRANT TDA FACILITIES MAINT FUND LIABILITY INS. FUND GENERAL ACCOUNTING SERVICES MOTOR VEHICLE SVC FUND ENGINEERING/PUBLIC WORKS T & A TOTAL 113,218.41 6,426.04 87.09 11,604.13 10,906.63 2,326.42 224.71 104.36 3,935.98 25.83 190.00 1,035.91 124.59 30.88 57,113.95 30,753.67 384,630.18 3,148.29 32.33 11.68 80,731.33 1,778.83 2,909.96 1,098.39 25,112.99 4,346.70 100,000.28 92.04 170,063.81 73,265.63 849.26 4,892.18 15,563.87 18,240.00 627.06 1,288.02 1,735.00 1,128,526.43 10 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. FINANCE DIRECTOR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARKA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, 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 1ST DAY OF MARCH 2005. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATE February 15, 2005 15 AGENDA ITEM NO. ITEM TITLE CLAIM FOR DAMAGES: William Rogers PREPARED BY Michael R. Dalla, CMCIEPARTMENT City Clerk EXPLANATION The claim of William Rogers arises from an occurrence on December 7, 2004 and was filed with the City Clerk's Office on January 4, 2005 Environmental 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) Resolution No. N/A A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 MEETING DATE ITE= M TITLE Continued Public Hearing — Conditional Use Permit for a Wireless Communications Facility on National City Middle School Property at 1701 D Avenue. (Applicant: Tetra Tech Communications. for Nextel) (Case File CUP-2004-12) EXT. PREPARED BY Martin eeder, 336-4310 DEPARTMENT Planning E The City Council considered this project at the public hearing on January 18, 2005. Council continued the item at the request of the applicant so that there could be further communication with the National School District regarding the proposal. The background report for the project is once again attached. 16 AGENDA ITEM NO. Environmental Review MIS Approval X N/A Categorical Exemption Financial Statement N/A STAFFRECQMMENDATION Staff concurs with the decision of the Planning Commission. Approved By: Finance Director Account No. BOAR D 1 COMMISSION RErOMMEND ATION The Planning Commission approved the ConditPonaltUse Per it.SaVote: Ayes: Alvarado, Flores, Baca Martinelli Re olds Graham Absent: ATTACHMENTS ( Listed Below ) Previous City Council Report dated January 18, 2005 with attachments Resolution No. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT EYING DATE January 18, 2005 AGENDA ITEM NO. (ITEM_ TITLE Public Hearing — Conditional Use Permit for a Wireless Communications Facility on National City Middle School Property at 1701 D Avenue. (Applicant: Tetra Tech Communications. for Nextel) (Case File CUP-2004-12) PREPARED BY Martin Reeder 336-4310 DEPARTMENT Planning EXT. EXPLANAT�he Planning Commission held a public hearing on this item at their November 15, 2004 meeting. The City Council set the matter for hearing on December 21, 2004 asking that the applicant provide health and safety information for the antennas, and that a representative from Sweetwater Union High School District be present at the next meeting. The attached background report describes the proposal in detail; attachment number 7, Radio Frequency Compliance Form, along with summary information, has been provided by the applicant. An updated list and map of existing wireless facilities in National City is also attached. ( 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. D9AI P / FOMISSIOI4 RECOMMFI DT70�1 the Planning commission approved the conditional Use Permit. Vote: Ayes: Baca, Martinelli, Reynolds, Graham Absent: Pruitt, Carrillo, Saludares Alvarado, Flores, ATTACHMENTS ( Listed Below ) i. Background Report (s. 2. PC Resolution No. 42-2004 with Findings and Conditions of Approval. 3. Location Map 4. Photo Simulation & Site Photographs Resolution No. 5. Proposed Exemption 6. Application & Project Plans 7. Radio Frequency Compliance Information 8. Wireless Facilities in National City A•200 (Rev. 7/03) BACKGROUND REPORT The project site is in the southeast corner of the playing field at Natioi_al City Middle School, adjacent to East 186 Street and Otis Elementary School, in the Civic Institution it -Open Space Zone. Vegetation in the area consists of the grass playing field and shrubbery along 18tt Street. The 18th Street right-of- way has mature trees along both sides of the street, the closest being a large mature palm 30 feet to the east. The site is approximately eight feet lower than the adjacent ;sidewalk along 18th Street, and approximately nine feet from the eastern and southern property lines. The applicant proposes to install a 47-foot high artificial broadleaf tree, with twelve panel antennas, and a 230 square foot equipment shelter. The shelter is proposed to be 11'/2 feet by 20 feet by 10'/2 feet high, and will be in place of an existing shipping container of the same size (:he container will be relocated to another, currently unknown, site on the property). The shelter would be of modular construction, with a stucco finish to match school buildings, and would feature two 1-in;11 thick circular GPS antennas, approximately 5 inches in diameter, and a small awning on the nor th side of shelter (opposite the sidewalk -facing side). No landscaping is proposed. The original project submittal for this property was proposed at a differer t location, on a playing field next to the tennis courts but conflicted with school development plans. Th ; proposal was revised and was resubmitted in the current configuration. This project is one of only two artificial broadleaf trees proposed in the City. The Planning Commission approved a similar design at Nationa: City Plaza at Euclid Avenue and Division Street in October of this year. The new proposal is a good example of a stealth facility, consistent with City policy. Samples of the proposed leaves and bark have lbeen received, along with photo simulation is of the project. The antennas are proposed to project approximately seven feet from the tree trunk but will be completely obscured by the leaves and branches. The location of the equipment shelter is approximately eight feet below the grade of the adjacent sidewalk. Combined with an existing 2 to 3 foot high wall al ong the sidewalk, this will screen the shelter from the adjacent street. The equipment shelter would be covered with a smooth stucco coating to match the finish of the existing school buildings, and would also be surrounded by chain link fence. Conventional and normally required screening techniques, including landscaping around the project and slats for the chain link fence would draw attention to the site and may not be appropriate. The Planning Commission held a hearing on this item on November 15, 2004. The applicant answered questions regarding undergrounding of all wiring and cables, wireless fa "jiffies at other school sites in the County, and site selection. While no other members of the public spc ke, one letter in opposition was received. The Planning Commission voted to approve the Conditional Ike Permit, finding the site suitable and the proposal in the interest of the public. RESOLUTION NO. 42-2004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON NATIONAL CITY MIDDLE SCHOOL PROPERTY AT 1701 D AVENUE APPLICANT: TETRA TECH COMMUNICATIONS FOR NEXTEL CASE FILE NO. CUP-2004-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility on National City Middle School property at 1701 D Avenue 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-2004-12 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 November 15, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the small lease area (762 square feet) will have little effect on use of the 9.26 acre school property, and will not affect existing uses. 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 unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which can easily be accommodated by the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 47-foot artificial broadleaf tree will adequately screen the twelve panel antennas, and since the lower grade of the site will provide screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Nextel wireless communications network, resulting in enhanced service for its customers. 3 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: This Conditional Use Permit authorizes a wireless communications facility at National City Middle School. 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-2004-12, dated 10/7/2004. Any additional antennas must substantially conform with the design for installation shown on these plans. 2. All wiring and cables between the equipment shelter and the artificial broadleaf tree and antennas shall be placed underground. 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. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 6. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 7. Exterior walls of buildings/poles 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. 8. The deteriorated portions of the existing street improvements (70' of sidewalk on 18th Street) along the property frontages shall be removed and replaced. 9. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way. 10. 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. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 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 December 6, 2004, by the following vote: AYES: ALVARADO, FLORES, BACA, MARTINELLI, REYNOLDS, GRAHAM NAYS: ABSENT: PRUITT, CARRILLO, SALUDARES ABSTAIN: JConditional Use Permit for a wireless communications facility at 1701 D Avenue. NATIONAL CITY MIDDLE SCHOOL ZONE BOUNDARY - LOCATION MAP • CUP-2004-12 NATIONAL CITY PLANNING 6 DRN. DATE: 5/20/04 HEARING:INITIAL. 11/15/04 ',..,...01••••••••••W•4 Photo Simulation CA 7481B — Mabuhay 1701 D Avenue, National City, CA Proposed 10' high equipment shelter 7 Proposed 10' high equipment shelter Photo Simulation CA 7481B — Mabuhay 1701 D Avenue, National City, CA Sample photo of a Broad leaf faux tree located in a shopping center, San Diego Site Photographs Nextel Communications (CA 7481B — Mabuhay) 1701 1) Avenue National City. CA City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CUP-2004-12 Project Location: 1701 D Avenue Contact Person: Martin Reeder Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on the campus of an existing Junior High School. The project will increase signal strength and service area for Nextel Wireless customers. Applicant: Tetra Tech Communications for Nextel 9565 Waples Street, Suite 200 San Diego, CA 92121 Telephone Number: (858) 864-8993 Exempt Status: ❑ Statutory Exemption. E Categorical Exemption. Class 3 Section 15303 (New Construction or conversion of small structures) ❑ Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the 762 square foot lease area will occupy only a small portion of the 9.26 acre school property, be effectively screened, and will not affect use of the school or property. Date: MARTIN REEDER Planning Technician ® Recycled Paper NATIONAL CITY, CALIFORNIA APPLICATION for X Conditional Use Permit Planned Development Permit Planned Unit Development Permit Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 PLEASE DO NOT USE BLUE INK WHEN COMPLETING THIS FORM Case Number Filing Fee $ ✓z Date Received `7'/ �Uf By u"�/i,✓ E.A.F. Required e►1f( Fee $ Related Cases A./A LEGAL DESCRIPTION OF PROPERTY: (Attach if insufficient space) SEE LEGAL DESCRIPTION ON SHEET LS1 OF THE ATTACHED DEVELOPMENT PLANS PROPERTY LOCATION 1701 D AVENUE No. between 16TH STREET and 18TH STREET Street COMBINED GENERAL PLAN/ZONING DESIGNATION IC -OS Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 1 of 4 /1 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: REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A WIRELESS COMMUNICATION FACILITY FOR NEXTEL COMMUNICATION. THE PROPOSAL CONSIST OF ONE 47-FOOT ANTENNA POLE DISGUISED AS A BROAD LEAF FAUX TREE AND ONE 11-6" X 20'-0' X 10'-6"' EQUIPMENT EQUIPMENT BUILDING WITH A SCHOOL FACILITY. PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). SWEETWATER UNION HIGH SCHOOL DISTRICT Name: Name: Signature SEE ATTACHED AUTHORIZATION Signature (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: Address: 1130 FIFTH AVENUE CHULA VISTA, CA 91911 Phone No, 619-585-4440 Fax No. Contact: Jim Clark Date: FEBRUARY 4, 2004 Phone No. Fax No. Date: Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 2 of4 APPLICANT Name: NEXTEL OF CALIFORNIA, INC. dha NEXTEL COMMUNICATIONS (Please type or print) CONTACT: FRANKLIN OROZCO TETRA TECH COMMUNICATIONS Signature: (Signature certifies that the information submitted with this application is true and accurate to the best of the applicant's knowledge). Address: 9565 WAPLES STREET, SUITE 200 SAN DIEGO, CA 92121 Phone No. 858-86/- 8993 Fax No. 858-550-2250 Date: April 30, 2004 Conditional Use/Planned Development/Planned Unit Development Permit Application Revised December, 1998 Page 3 of 4 /-3 Feb 05 04 P. 1_ : A9e ENTRY AND TESTING AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of the 28th day DI August, 2003, by and between. Sweetwater Union High School District ("Owner") and Ne;)61-6It-Fes ("Company") and Company's agents, concerning the following described 001111Twf properly owned by Owner ("Property"): National City Middle School, 1701 D Avenue., National City, CA 91950. A. Company has an interest in leasing the Property for use as a tower or antenna site for the receipt and transmission of wireless communications signals; and B. In order for Company to determine the viability and feasibility of the Property as a tower or antenna site, it is necessary for employees, agents or independent contractors of Company to enter upon and inspect the Property and/or temporarily locate communications equipment on the Property to conduct short term radio propagation tests, and to make application with local, state and federal governmental entities for approval of the Property as a tower or antenna site; and C. Owner and Company desire to provide for the entry upon, inspection and/or testing activities and applications concerning the Property pursuant to the terms contained in this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in this Agreement, Owner and Company agree as follows: 1. Consent. Owner consents and agrees that Company, its employees, agents and independent contractors ("Authorized Parties") may enter upon the Property to conduct and perform some or all of the following activities ("Permitted Activities"): surveys, geotechnical soil borings and analyses, phase I environmental audits, boundary surveys, radio propagation studies, and such other tests and inspections of the Property which Company may deem necessary or advisable. Company agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and operation and removal of equipment on the Property. 4.. Filings. Owner consents and agrees that the Authorized Parties may make and file applications on Owner's behalf to such local, state and federal governmental entities whose approval Company may consider necessary or advisable to have the Property approved as a tower or antenna site, including, but not limited to, governmental approvals for zoning variances, rezoning applications, building permits and wetland permits. Owner hereby agrees that an executed copy of this Agreement is as effective as the original. However, if requested by the Authorized Parties, Owner agrees to execute such other and further documents as may be required by the govemmental entity in question to evidence Owner's consent to the action which is proposed to be taken. 3. Access. Owner agrees that the Authorized Parties may enter upon the Property to perform the Permitted Activities at any time during the term of this S r) # 10537 v l Feb 05 04 11:49a p.3 Agreement upon twenty-four (24) hour notice to the Owner. However, Authorized Parties agree to conduct the Permitted Activities in such a mariner and at such times as to not interfere with or disturb normal school activities. In addition, Company shall be responsible for ensuring that no dangerous conditions or equipment are left in areas accessible to school personnel or students at any time during the term of this Agreement. 4. Term. The term of this Agreement shall commence on the date first above written and shall end on the earlier of: (1) the date Company notifies Owner that the Permitted Activities have been completed; (2) May 30, 2004; or (3) upon five (5) days written notice from the Owner of the termination of this Agreement with or without cause. 5. Removal of Testing Equipment. Company agrees that, upon the conclusion of the term of this Agreement, it will: (i) remove any equipment, accessory or item installed on the Property as a part of the Permitted Activities; (ii) repair at its own expense any damage to the Property caused in connection with any of the Permitted Activities; and (iii) return the Property to the condition it was in before Company's entry onto the Property. In the event any equipment installed on the Property by Company or any Authorized Party is not timely removed, Owner will have the right to remove such equipment and Company agrees to be responsible for the reasonable costs of such removal. 6. Indemnity. Company agrees to indemnify, save harmless, and defend Owner, its directors, officers, employees, and property management agent, if any, from and against any and all claims, suits, actions, damages, liability and expense in connection with the death, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Property caused by the act or omission of the Authorized Parties in connection with the Permitted Activities. Company will be liable for the payment of any and all court costs, expenses of litigation, reasonable attorneys' fees and any judgment that may be entered therein. 7. Insurance. At Owner's request, Company agrees to provide a certificate of insurance evidencing Company's insurance coverage. 8. No Conveyance of Property Interest. This Agreement represents a license that is limited in purpose and scope to the least amount of access that is required for the Permitted Activities to be undertaken and completed. Owner and Company agree that this Agreement is not intended to and does not convey any interest in the real property or any part of the Property except the right granted by Owner to Company to enter the Property to conduct the Permitted Activities. 9. Compliance with Law. Company agrees to comply with all applicable laws in connection with the Permitted Activities. 10. Venue. Proper venue for legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Diego, State of California, or any other appropriate court in SD #I0537 vI Feb OS 04 1.1:4Saa By: Z' such county, and Company covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 11. Governing Law. The parties agree that the interpretation and construction of this Agreement shall be governed by the laws of the State of California without regard to such state's conflict of laws provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COMPANY" :N'EXTEL COMMUNICATIONS By: Name: 62ML1 TAWi "OWNER" SWEETWATER UNION HIGH SCHOOL DISTRICT ��:y— ai%l04' Name: Bruce Husson, Chief Operating Officer so #10537 vt 1 /6 Tetra Tech ommunication Services 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax Nextel Communications CA 7481B — Mabuhay— 1701 D Avenue, National City, CA APN: # 560-19130-00 Network Description Nextel Communications (Nextel), based in Reston, VA, is a leading provider of fully integrated, wireless communications services on the largest guaranteed, all -digital, wireless network in the country. Nextel and Nextel Partners, Inc., currently serve 198 of the top 200 U.S. markets. Through recent market launches, Nextel and Nextel Partners service is available today in areas of the United States where approximately 240 million people live or work. Nextel has set their goals to become the premier wireless provider to bring a superior, more cost-effective and secure wireless communications network to the Southern California market. Nextel is actively pursuing the deployment of their Southern California network to further establish their foundation as one of the more advanced wireless communications providers in this region, as well as, the nationwide market. Nextel looks forward to working closely with local jurisdictions to develop their community -oriented network and provide them access to a host of network amenities. It is Nextel's goal/intent to provide the best seamless wireless telecommunications network to the resident's, employees, and commuters within the City of National City and the surrounding communities. The Nextel 4-in-1 service Nextel Digital Cellular, Direct ConnectsM, Nextel Mobile Messaging and Nextel Online® covers thousands of communities across the United States. Nextel uses a packet -based platform, the integrated Digital Enhanced Network (iDENTM) technology, developed by Motorola. This all -digital technology provides exceptional sound and transmission quality, using state-of-the-art methods that deliver these unparalleled Nextel services: • Digital Cellular Customers experience crystal clear calls and guaranteed message delivery in a secure environment, no matter where they travel within the Nextel National Network. • Direct Connects" Service Nextel Direct Connect, the only digital long range walkie-talkie feature built into every Nextel phone is the easiest and fastest way to instantly contact co-workers, contractors, family and friends, all at the push of a button and a fraction of the cost of a traditional cell phone call. Nextel's Direct Connect is instant conversation and answers. Direct Connect service works over Nextel's digital network, which creates an incredibly clear, secure link between you and the person you're calling. • Nextel Mobile Messaging The untethered power of the Internet keeps customers connected to clients, co-workers and family with text, numeric and two-way messaging. /7 Tetra Tech Communication Services 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax • Nextel Online® Service Ranked # 1 in wireless Internet service satisfaction since January 2002, according to In- StatJMDR Group, Nextel Web -based services provide anywhere access to office or personal email, wireless -enabled Internet sites and company databases. In order to provide these services to their customers, Nextel is constantly refining their local, nationwide, and even global networks/partnerships. Nextel recently launched their Nationwide Direct Connect, which allows consumers to contact anyone on the Nextel National Network - coast -to -coast. International customers travel the globe with Nextel WorldwideTM service. Nextel Internet -ready global phones operate on the iDEN network in the United States and seamlessly move to GSM in more than 80 countries. Nextel offers many options to the worldwide traveler. Whether you frequently travel abroad, occasionally leave the country, or just want to use your Nextel phone in seven select countries, Nextel meets your needs. Nextel's phones are small, lightweight and easy -to -use for international use only. Nextel even has a rental solution for single trips. Network Overview: Since their introduction, wireless telecommunications systems have proved to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi -governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proved to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks have proved to be desirable in the interest of public convenience, health, safety, and welfare. Wireless communication is accomplished by linking a network of radio wave transmitting devices such as portable and car phones, to the conventional telephone system through a series of short-range, contiguous cells. Similar to a honeycomb pattern, a wireless system is composed of many neighboring and interconnecting cells called, "cell sites," covering specific geographical areas. Each cell site contains transmitting/receiving antennas and radio transmitting equipment. As a customer enters one cell and exits another, the call is transferred between the cells by a computer at the main switch station. Calls can originate or be received from a wireless device because antennas share a fixed number of frequencies across the network grid. A caller may initiate a call from within the radius of one cell antenna, as the caller travels through the network, the call is transferred from one cell to the next, thus enabling continuous, uninterrupted transmission. Wireless technology operates on a line of sight, that is antennas must be mounted high enough to overcome challenges posed by local topography, existing vegetation, avoid interference with other wireless infrastructure, and surrounding structures/development. The distance between cell sites will normally range from 1/2 mile to 9 miles, depending on the population density, consumer usage, existing vertical elements, and the geographical terrain. The required height for antennas is usually proportional to a combination of the distance each cell site can service and the T i..m......... T.....r.....n.e.... • Tetra Tech Communication Services 5761 Copley Dr. Suite 100 San Diego, CA 92111 858-650-4315 Fax customer demand within their sphere of influence. Typical placement for antennas are on utility poles within the public right-of-way, light standards, freestanding towers, guyed towers, and lattice, or self-support towers. Antennas can also be placed on rooftops, integrated into the building's architecture, and other building features if the structure has sufficient height to meet the needs of the service area. Wireless facilities located throughout Nextel's service area are intended to provide seamless call coverage, capacity and quality to its network: The following are some of the basic types of cell sites: Coverage sites serve to expand coverage in large areas or in areas with difficult terrain and to enhance coverage for portable systems. Coverage sites allow users to make and maintain calls as they travel between cells. Capacity sites serve to increase the capacity when surrounding sites have reached their practical channel limits. As the years pass, the number of subscribers increases exponentially creating a strain on the existing network. In order to alleviate this strain, capacity sites are implemented into the systems network to accommodate the increase in customer demand. Federal Regulations: Nextel Communications is a registered public utility, licensed and regulated by the California Public Utilities Commission (CPUC) and the Federal Communications Commission (FCC). Nextel will comply with all FCC/CPUC rules governing construction requirements, technical standards, interference protection, power and height limitations, and radio frequency standards. In addition, the company will comply with all Federal Aviation Administration (FAA) rules on site locations and operation. Benefits to the Community: Wireless technology will provide many benefits to the residents, businesses, and motorists that travel or live near the proposed project site. These benefits include: • Quick access to 911 Emergency, even in remote regions, allowing motorists to summon emergency aid and report dangerous situations. • Support for emergency services by providing wireless communications access to paramedics, firefighters, and law enforcement agencies that use this technology. • A backup system to the landline telephone services in the event of power outages, natural or man-made disasters. • The ability to transmit data over the airwaves allowing for immediate access to vital information to emergency services. • Provide quality wireless communications including voice, paging, and digital data capabilities for email, facsimile and Internet access. • Enhance the communications systems of residents and business around the project coverage area. �.*........ _ro Nextel of California, Inc. dba NEXTEL Communications SPECIALIZED MOBILE RADIO FACILITY SITE NAME: "MABUHAY (NATIONAL CITY MIDDLE SCHOOL)" VICINITY MAP Ib SUN fAOM SW DECO NOEL OPTICS TAME 1-1O NY NW 10 1-6 FIN SOUTH SOT ON MILE OF CARS RAY ROST 04 !1 3?( TT, MI LEFTURN seer ON T ON0 ANNEINN NO THE 511E 15 ON ARE ECM Al RATIONS CTI NOME SWOP.. DIRECTIONS ALL FORK MC LLIERALS SNAIL SE PERFORMED AN ;WALLED I4 ACCONAYCE INN ANTE CW1O? OMENS OF T0E FOIIONNO WOW AS ADOPTED BY ANTE IOfAL GOVERNING A1THOR E3. NOTION IN VW PLANS IS TO SE CONSTRUED TO R1NIT WIN NM SWORN. TO IKg C00ES. t. NIXON. LOON 1. UNWORN FLOWN CODE IIACL 111E 2l • ONE 1997 25) ]COL 4 SWOPS MECHANICAL OWE IOW 3. ANS/EA-222-F LIFE s1F[1Y 00E NFAA-101 -1900 3. NITOPL ELECTRIC ODE 1196 6. OR COUNE 0RO E CODE COMPLIANCE SITE NUMBER: CA-7481-B 1W5 PROJECT OMSISTS 00 DIE CONSIRUOTIDN Cr AN M A NINO TELECNIAU1104T1p9 F.[ILOY TO INCLUDE NE ,OMu 00: • U6f44TCM OF A (N) 11'-s•n0•-0• 00111v4011 SNOWS If/ SM00111 SNCCO NN6N • PAOED TO MATCH SCHOOL: • NENAL ATIW or A (N) 47.-0• NON •S4WOIEAE MONO -TREE: • INSTALLATION OF (12) (N) 8.-0• FWD. .W ENNN. MONITO ON THE N) 11-0. 40N0-111II, (1) PER SECICR, (3) SECTORS: • SOIALL OI Or (N) EIELIRIGL • 10. ,DNS • 1181H1AOOF OF (N) COAL CABLE ATTACHED TO (NO WORE SUPPORT NNW, FROM SMLIER TO ANTE4NAS; • OTNEN TELECON4UI05411UN6 0004O16 ON SFS NNE PROJECT DESCRIPTION NERILI EOILMMNIOATIE6N9 CCP6EY MK. NBC 100 000 SAA1 OWL GA @Ttt CRIIAO01P. FRANRW DOWN DHOW 21N-334-5993 PROPERTY/OWNER MFORMAT10Ty ONUS MR7M10t UNION MIN 90100E ADDRESS 1130 END NENUE CM. NISTA. CA01011 CONTACT: AM RANI PIIO4E1 610 !IS-4N0 A➢.N: 363-091-30 NNW 004M0: INSIRU1IO1l5L ONC-0PEN SEN.E Q@ iFfi ISOFI Al1DN• AREAANINC IOIRU I1SN: 0TY OF ENTDN4. CM AREA OF O'1(115 TON: R01 1 OCCUPANCY IT 6 AS 204CON2 WALN OON --M WW2 MRGTON /: HANDICAP REQUIREMENTS. RMEIIT IS UNMANNED AM NOT FOR HUMM 55 0AT0N. NMOICIPPO ACCESS ROSREMENIS NOT REQUIRED, 91 .0]ROMICE NIM NSFORNL STATE AONHISTRLOIC CODE FART 2, ODLE 21, SECTION 11148.3.12. EMENDS 1. PROJECT SUMMARY l�6AEAkCWY€OMAC S PIAMNM, IRO. e%M SNAPP NO.. SOB 202 SW MOD N 92101 CONTACT: LAVE POM O NON: L56-629-6101 G'lMM SWNOM MF 10e 0I5MOS SNUB qME DOOW. FA 92690-1782 PHONE: 9M ILMI00 DUNN ze0-0090 SITE AO11INGTAL(CYING1RIXTISN. IEIMI¢M WLIIRMIGOORS SEDAN, MG 8506 WALES STREET. NNE 20 SW SLOG CA 92121 LENI40: SUSAN MILLER, 950-064d9E6 1CNIR0: 9N46UN OROZCO 1559y0y993 CONED LOOS 9O5045. 7w-2MJ-7091 CONSULTANT TEAM NATIONAL CITY PLANNING DEPT. EXHIBIT A -Revised CASE FILE NO. CUP-2004-12 DATE: 10/7/2004 STNT N0. DESCRIPTOR TI 1115E NWT A Al SRE FLAN A2 LEASE MG MNI, AMEN N MAN 1e OEIAl AT NORTH NM. SOON • ME51 GEM11ON5 151 NPCCRIPHIC SURLY SHEET INDEX THE FLAWING AWAPPROVE LSNOW DINE DOCUMENTS AN FAAMOINN OCONTRACTNI TO PROCEED NTH WOE OM DRCR1NERDN. S Op2OUMEMIS AC N1117 INAEN 9Y NE LOON BSIANO 00YRMEMT MO MN 00.M46 AN WOFGTONS 1NLY IN IMPOSE. PONT WOE OCMTUIE 010 LEASMO 20NN0 RF COSTRUC110N IMEA COMM' L69OR APPROVAL MSA AmMs�i1YPI80) RBIIS—RSLMm woo of CANN , N. am NEXTEL CUwIN0i:0Eiac 5761 CCP1M DRAT, STE. 10) WI 01E60, C1 9211I PHONE (858)650-1200 FAT; (858)6°4-4202 TABUI-V 0 O1gna W.L Clry MIEOLE SCHOOL' 00.1N1-B 1:l' Ave.. Nnn3NAL cm. 00 01050 SAN CUEGG COON, IPROIECT 00. G-7.1-e ro Nw AN IMfCAEo 01 0r ND OL1E ISSUE amp d- 04 0004 00/11/61 1P®Le SALT 111E TITLE SHEET 7- 7frt SM64MAL- IDFd DADDrFN. USA #CA-J461-6 SETS. IP• MAc ///)' �. (L) mac RUC. µnu 1) AUOITlR!RA1 N zaaz (E) CIRT[FN 1970 0 t STK $?SIIT Lr ,// (0 BOYS / ! SM010R/I200 a �.. x.Y Ma .//�E (E) ounrSlIUU r—� 91R'S .0 N IPCKERS Al 21a1 ATI 0 W 0 (F) CVSSMp15 )J55 \�RESfRN R2-' (6) WNESTC SCIENCE 8U16 A 15.70 /GLL'(f)42441M011$ s / A{) a061A feS SUMO( 1d s.N.LSfi959PdCR 6) 6WN UNK ON _J - O )OC / 1ITR STREET )O( L UMW -MAP C couRr DLE SCHOOL) (e) nmr Elan -x SEE l06SE T. ( S ( ON 3hii. A2� (N) mean. SIIF (U SECURiY _MACCESS RWIE,I -- une maJa �R �1r+OM S (N) U.G. Roma t i0UA 4 b I MI IS awr owl VOL ) r TURF FIND (E) e'-0' wauC N1R8CS CASE (E) la-m w6UC MUTES VSENFN2 -0' PUWC Ea EASDIENC SSTWCk_ ♦1 #FUR 5.-0- Cr1�w 4]BCK (0 RELMNINC - SITE PLAN LEGEND M R PROPEItty LNE oSoIENf/SERYDN LNS WENN. OUT E 6074* CNMN CWK IEN2 RETAKING MAIL MSA Np0RI of COEf>n0, Inc. OLD WATT. CommuemGere 5761 CWLEY DONE SHE. 100 SAN CSID, CA 92111 PNONE (858)650-1200 FAX (RS8)650-4202 lw8UHAY INAr1N,l CT' NIXIE SO4JOLI' GI LS1E VolAYENiE 071108AL 0 CRY. 2u 91Y0 SAN gEGO^AUN O PPd6f N0, G-JMI-1 00.0M1 CT JAN ClICCRICO OP NO DATE ISSUE evrY u/ n wa*ro1 01/nry: W1M 41EET TITLE SITE PLAN Al 1k SUBMRu: Sr. 51AYPIAI: I"W yU-JNI-a ) M aT•11 DETAL M0N CE. SfF DETNL (N) 1T-0' PANEL btWINS, (I P10SL Of I0), SEC OCT. E (5)) CONCAVE Ob Rq HANOSR . cGUNT -% H12103 ROI e]a<T' (N) NEI(la ono ACCESS ROM¢ (E) IX0N USA FENCE M/ 3'11 CA1E (E) SEM. (N) SNELUFN MOE DONNE (11 m5 N) M[Jflil CUPRIC. SHELTER. SI150111 SN.CCO FN. 1 ERNE 10 1M1CR N0011. SEC MFR. 05C. FOR SPEC Ul9Ni A Ofrc �'M NE1fR M/ `� NEAIHERNEM (N) u.0. PRYER a 10100 OLEASE AREA PLAN Y' n t/�•�Y-P (RI) e1-0'0 HE%1SL PNSL ANTENNA 5105n0 10 (N) 41001010E R11NR0 TO 140CN MONOTREE, (4) !ER I SFL10Q. (3) SECTS. (12) 1054 (N) MIRNNA SMFIORW MLS, AS 1EW0E0, SEE MW0PSCNRER'S ORANNCS. MR) oANTENNA PLAN 0- CAL (11) +71-0' w0N 1.0.GR MTN011EE b. (5) l0'-0'No NI,N. . CCU. CYO Oa oy� NM4 NF CEMV110, 40. ISO AIE a. ConPxr mGora 5151 COPLEY DONE, STE. 100 SW 0004, U 02111 NONE; (850650-1200 FAT: (058)50-4202 y000h0y /N4PON4L000 MIDDLE SCMJOy' • U NE1E 1TCA 3 O AVENUE W.SON0l 41PU 3 S SAN gECL CJVN'Y 1140e0 M0. CA-1N1-0 Iwx1 w ,Nu CfECNfO OY OP a W9a aim wY PYtl N/ellw lac 6-a40 f11 m�np N-en F. 10.3 M00* ...to ry 5MFE1 1TLE LCL1F AREA PLAN, ANTENNA PLAN & DETAIL 7A-27 1. 9AMTUL: �2na sue41rt0L: IMY (CA-7b1-51 00 6'-O0N PANEL wnw005. SECTOR 2. (f?P. OF 12) 00 6'-001 PANEL ANTENNAS, SECTORS 1 k ].MP. OF 12) 01) NOREL EOUIPFENT SPEISER 51100I11 STUCCO F1NISR t fNNT TO WT. SCHOOL, SEE xFR. NO FOR SPEL FICAMO O k OETNLS ('1) CPS ANTENNA (TVP. OF 2) (10 IY-0' CIWN LLNN FENIx k/ Y-0. 00'1E (F) I0.-00N2 CNU WNOEU L COURT MOLL • (x) r-0)1 PANEL M'IfNNAS, SECTOR 2. (»P. Of 15) (N1 R'-G'N PANEL NM[NW9. SEClCR S 1 k ]411T. Of 12) (N) HOTEL E001.6110 SNELrzR, SNOOP STUCCO FUN k PORT 10 W1CN SCHOOL, SEE Wt. ORO. FOR SFECRC9I1NS & DETAILS-, (E) 22-001 0 CNu Iwmv.0 COURT WALL (10 (P-0' CONN WIN FRIO (E) 10•-0'NL CIWN U. IENC PROOPERTY UNE (IQ fl-0. 00000Lbf AanmRc WE$T ELEVATION tSE.i):4 ONORTH ELEVATION ...e yk'.F.l• O 11'-0' OWN UAW FENCE TA. (0 CUU WO PINIPERN UNE (E) 9OENKR Q 6 `N) 6'-0•x PWCL OM(MS. SECTORS 1 ! 2, (TYP. OF 12) OOWN ELEVATION own 0r.1•_R• 4T-O• RROMIFAf M (5) CONC.. STARS: (2) NPMEI VIE ACCESS POITC (E) S'-0' CWN OW MO ./ .)'-D' GTE (x) r-ON PN00. ANi4MEl SECTOR 2. (m. OF 02) 7 r, (C) 0'-0' 0414 URN FDICE TO. 1E) C. MILL ' UNE 1) 0. (1q (SINNN (N) CABLE S1(PWRT BR T�so NO.ICL FouW�1 SWL1[R. / $R0012 STUCCO NNSR & PANT TO /WON SCIOCL, SEE u{R. LAC. FOR SPECSFOOI0x5 k BCTNLS PROPERTY UNE ) 0EZCO C.L1 OEASTELEVATM7N mat.1n�RS' (10 57'-0' 110101E1f OCNOTFE£ (M 0)-01N WW1 unIIAS. SECTOR: 1 k S.(PrP. Cr )2I N,E., taol.iQR SNRTER, STUCCO FINSN a IWNT TO .101 S0NIOL SO WN. O. PCP SRCIFICO N4 & CETALS x) OS WON& (NW or 2) (r9 r-o• LIY0 uNN RAa0 n/ 1E 0R0T NNL 1'-0'N2 CUV NWUyti MSA YIRN.ty.Rlil 041pCSm naaw 10.111111 441 .R..warFr N41E1 OF Carla*O. I20. 650 AE OS. Comnunimliom 5761 COPIEY 2RWF, STE. 100 SAN DECO. E.A. 02111 PHONE: (B54)650-5200 FAT: (B50)E50-6202 TUBUN5Y (S0'!CNAL G_T" MIDDLE S02071.. 0.87001E l701 D AYH TIE Na01ANcm. CA35 010 SAN OIEGC 030525 IPROIE. NO CA-JH)-0 1 ORIENT SI MN CoECRCo or OP N0 DATE .wnN K /.. 01,np wow, ISSUE ®m w. IDN. oc-reLo PA SHEET 11.E NORTH, EAST, SOUTH & WEST ELEVATIONS flA3Pl7 NuwER SDnRII., 2.6 510AURu: lI51 fCA-7Y1-1) AO' TOPOGRAPHIC SURVEY 5.1 ALM. tall PP iiiqf t/PM ' 1 i 1, 1 P . 1 i , } I NFL RF Certification Form This form certifies that a Nextel Communications, Inc. ("Nextel") engineer has evaluated a certain analog or digital mobile transmitter site and has determined that it complies with FCC Rule Section 1.1307 et. seq. and related OET Bulletin No. 65 governing radio -frequency ("RF") emissions. In particular, based on an engineering evaluation of the controlled areas of the site, the RF emissions are within the applicable Maximum Permissible Exposure ("MPE") limits. The original of this form should be kept with the market station files. Site Number: CA7481B Site Address: 1701 D Avenue Nextel Site Name: Mabuhay City and State: National City, CA 004 Site C'omplianciw1014i ure{Req 1f0.). ,, ;: s .. _. _ .... �-«�-f „�3a� ���c��r�ti -:girl tib' .ab A. The site complies with the FCC's Maximum Permissible Exposure ("MPE") standards, taking into account any nearby significant transmitting sources, based on (Check at least one box): CI Calculational methods based upon OET Bulletin 65 (attach copy) Computer simulations such as RoofView modeling software (attach copy) Actual field measurements (attach copy) in accordance with the following steps: Step 1: A testing time was chosen in which all antennas were likely to be energized. Step 2: A survey of the site was conducted before and after the Nextel equipment was constructed using RF power measurement meters. Step 3: A sketch of the building rooftop (or site area) was made and measurements were recorded on the sketch (see attached). Photos were also taken (see attached). B. Access to the RF controlled area is restricted in accordance with the Nextel RF Compliance and Safety Program, Including, at a minimum, the posting of the Nextel RF hazard sign. ❑ In the case of an in -building system, check this box to certify that all distribution equipment is installed out of public reach. (Sections A & B above do not need to be completed if the system is an in -building system and the antennas are completely contained within the building structure). ArddittonaLLlnfo atton4ft rr,Gategirical Ezcdusion<Purposes topiro"naI) ,, 5 ❑ Building Mounted/Rooftop Antennas - the sum of the ERP of all operating frequencies does not exceed 1000 watts ERP. ❑ Non -Building Mounted/Non-Rooftop (Towers/Water-Towers/Monopoles) - The distance from ground level to the lowest point of the antenna is at least ten meters OR the sum of the ERP of all operating frequencies does not exceed 1000 watts. ❑ Does Not Meet Categorical Exclusion. rv� Printed name: Ray Dizon Revised 7/23/01 equiredSignatureF;y r=.h Date of evaluation: 12/27/04 RFCertification Tower Site This calculator assumes that all BR ERP's are the same. Enter the number of BR's in the field given and the sum of "Nextel's Total Exposure %" will be reflected at the bottom. For Nextel-only tower sites, if the Worker and Public percentages are both less than 100% the site is in compliance and is recertified on 5-year intervals. Contact Nextel RF Operations with questions Site Name: Mabuhay Site Number: Site Address: 1701 D Avenue CA7481 Site Coordinates: 32-40-8N 117-5-52W Instructions: Enter information into shaded fields only. Frequency of BR (in MHz): ERP per BR (In Watts) from Link Budget: ERP Per BR (in dBW) RC Height Above Ground (in feet) [Y]: Distance Between Tower and Closest Point Worker Would Be' (in feet) [Xl): Distance Between Tower and Closest Point on Fence Line' (in feet) [X2]: Radial Distance to Worker Point of Interest (in feet) [R1j: Radial Distance to Public Point of Interest (in feet) [R2]: Angle from horizon to Worker Point of Interest (in degrees) Angle from horizon to Closest point on Fence Line (in degrees) Antenna centerline mechanical downtilt, if any (in degrees) Angle between antenna centerline and radial to Worker Point of Interest (in degrees) Angle between antenna centerline and radial to Closest Point on Fence Line (in degrees) Difference between maximum antenna gain and and antenna gain along radial to Worker point of interest (in dB) Difference between maximum antenna gain and and antenna gain along radial to Closest Point on Fence Line (in dB) ERP at antenna toward Worker Point of Interest (dBW) ERP at antenna toward Closest Point on Fence Line (dBW) ERP at antenna toward Worker Point of Interest (Watts) ERP at antenna toward Closest Point on Fence Line (Watts) Power Density © Worker Point of Interest Power Density @ Public Point of Interest ANSI 1992 Standard MPE: Controlled Environment (Worker): Uncontrolled Environment (Public): Nextel Signal Percentage of Total MPE per BR: Controlled Environment (Worker): Uncontrolled Environment (Public): Per -BR ERP required to produce 5% of MPE at Worker Point of Interest Per -BR ERP required to produce 5% of MPE at Closest Point on Fence Line 75.1 70.5 65.1 14.8 14.8 30.000 30.000 0.0045560 0.0043717 2.837 0.567 0.160611 0.770566 25.9 5.4 • X1 refers to the horizontal distance between the base of the tower and the nearest point on the property that a worker would work for any length of time e.g. a transmitter shed. X2 refers to the horizontal distance between the base of the tower and the nearest point on the property line that the public could walk up to or have access e.g. closest point on fence line. Legend Worker Access e.g. Transmitter Sned The equations used in this evaluation are based on the equations found in "OET Bulletin 65, Edition 97-01" mW/cmZ mW/cmZ # of BR's: 30,000.00 mW 914.4 cm 152.4 cm 243.8 cm 927.0 cm 946.4 cm 30,000.0 mW 30,000.0 mW S=(0.41)(ERP)/(pi)(R1)' S=(0.41)(ERP)/(pi)(R2)' mW/cm' (time -average of 6 minutes) mW/cm2 (time -average of 30 minutes) Nextel's Total Exposure sum of all BR's): % —► Worker. 5.781996 % % —► Public: 27.740385 % watts watts BR = Band Radio MPE = Maximum Permissible Exposure ERP Effective Radiated Power RC =Radiation Center dB Decibel dBW Decibel Watts mW = milliwatts cm = centermeter C, Summary of RF emissions calculations Site # CA 7481B - Mabuhay The attached RF Certification form was prepared by Nextel RF engineers on December 27, 2004 for the proposed telecommunication facility to be constructed at the National City Middle School property located on 1701 D Avenue, National City, CA. Through the Telecommunications Act of 1996, the Federal Communications Commission (FCC) has established RF exposure standards which are endorsed by several health agencies including Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), the National Institute on Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). The FCC standards for human exposure to. RF emissions were derived from recommendations of two expert organizations, the National Council on Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronic Engineers (IEEE). The exposure guidelines are based on threshold for known adverse effects and they incorporate appropriate margin of safety. The Telecommunications Act of 1996 also outlines federal jurisdiction over the regulation of human exposure to RF emissions. In particular the Section 704 of the Act states that "No State or local government or instrumentally thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emission to the extent that such facilities comply with the Commission's regulations concerning such emissions." In accordance with the FCC standards, the attached calculations indicate that the proposed Nextel telecommunication facility at National City Middle School property is expected to yield a maximum power densities of 0.567 mW/cm2 or 0.770566% of the MPE (uncontrolled environment - public) and 2.837 mW/cm2 0.0160611 % of the MPE (controlled environment - worker) per each band radio. Assuming that all radios are installed and operating simultaneously, which is not a typical scenario; the maximum RF emissions will be 27.74% (uncontrolled) and 5.78% of the FCC maximum permissible exposure levels. Therefore, the results of this analysis indicate that the maximum level of RF energy to which the public may be exposed at the subject site is below all applicable health and safety limits. • location of one or more facades in National City • a faciddes in unincorporated area P Pending approval d facility denied City limit Wireless Communications Facilities 1000 0 1000 Feet National City Planning Dept. 1/10/05 Facility # 8 9 10 11 12 13 14 15 16 17 18 19 20 / r'N Location Provider Applicant/Consultant Name Case File No. 1 562-340-44 2434 Southport Way Urban Community Radio, Inc. Urban Community Radio, Inc. CUP-1992-11 Radio communication facility (microwave transmitter} 80-foot tall tower and 8-foot in diameter dish antenna. 2 562-340-26 300 W 28th Street AirTouch Cellular/Cingular Wireless Cingular Wireless 75-foot monopole with three sector antennas and 450-sq foot equipment building. 3 556-471-24 801 National City Boulevard Nextel Communications Nextel Communications Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and equipment cabinet. 4 559-032-02 1215 Wilson Avenue PacificBell Mobile Services PacificBell Mobile Services Located on roof of existing building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 Plaza Boulevard PacificBell Mobile Services Located on roof of Quality Inn. PCS facility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover Avenue AirTouch Cellular AirTouch Cellular CUP-1995-18 Z-1996-1 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet. Variance to exceed height limit. 7 556-471-24 801 National City Boulevard AT&T Wireless Services D. Garvey Corporation Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 554-120-25 2400 E 4th Street AT&T Wireless Services AT&T Wireless Services Located on roof of Paradise Valley Hospital. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 559-160-13 1022 W 24th Street GTE Mobilnet Located on a 360-sq foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 563-370-36 3007 Highland Avenue PacificBell Mobile Services PacificBell Mobile Services CUP-1996-6 Located on existing Super Saver building. PCS facility- six panel antennas and two equipment cabinets. 564-471-01 3030 Plaza Bonita Road PacificBell Mobile Services PacificBell Mobile Services Located atop the existing Plaza Bonita sign. PCS facility- three antennas and two equipment cabinets at base of sign. 554-050-12 303 Palm Avenue AirTouch Cellular AirTouch Cellular 60-foot high monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an equipment cabinet at base. 556-471-24 801 National City Boulevard Paging Network (Pagenet) of LA, Inc. Paging Network of LA, Inc. CUP-1996-12 Located an roof of hotel. Paging facility- four antennas and equipment cabinet one floor down from roof. 564-472-01 3030 Plaza Bonita Road Nextel Communications Located atop Plaza Bonita sign. ESMR facility- nine antennas and equipment cabinet. 554-050-15 2005 E 4th Street GTE Wireless Lettieri-McIntyre & Associates CUP-1998-4 Located in El Toyon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sq foot equipment building. 557-420-27 1840 E 12th Street Nextel Communications Nextel Communications 60-foot monopalm on vacant commercial lot. CDC Res. No. 94-28 CUP-1994-8 CUP-1995-11 PacificBell Mobile Services CUP-1995-13 GTE Mobilnet Nextel Communications 556-471-24 801 National City Boulevard AT&T Wireless Services WFI Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 555-053-17 700 National City Boulevard Metricom, Inc. Metricom, Inc. Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 561-360-35 18th and Newell Street Sprint Located in Las Palmas Park. Monopalm and equipment along with live palms. Tim Kolset, WFI 555-082-11 111 W 9`h Street Sprint Tim Kolset, WFI Located atop 2-story Sid's Carpet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Boulevard GTE Wireless JM Consulting Group CUP-1996-2 CUP-1996-4 CUP-1996-5 CDP-1996-3 CUP-1996-7 CUP-1996-8 CUP-1997-8 CUP-1999-4 CUP-1999-5 CU P-2000-4 CUP-2000-8 CUP-2000-9 CUP-2000-11 Located atop Bay Theatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Road Sprint Tim Kolset, WFI CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 23 554-120-24 2701 E 8th Street PacBell Krystal Patterson, PlanCom CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument. 24 554-120-18 2701 E 8th Street AT&T Wireless Services AT&T Wireless Services CUP-2000-24 Located at existing church. Antennas located in a 60-foot monument. 25 562-330-43 152 W 33rd Street Sprint Connor, Riley and Associates CUP-2002-8 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings. 26 554-120-24 2701 E 8`h Street Sprint Tim Kolset, WFI CUP-2000-27 Located at existing church. Wireless communication facility- nine antenna and equipment building. 27p 555-053-17 700 National City Boulevard Skytel Corporation Moss & Associates, Inc. CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 28 559-040-53 1445 Tidelands Ave Nextel Communications, Inc. Nextel Communications, Inc. CUP-2000-31 40-foot monopalm with three sectors of four antennas each and equipment shelter. 29 564-290-06 3300 block Cagle Street Sprint WFI CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent lighting for the park. 30 557-420-27 1905 E. Plaza Boulevard Sprint PCS WFI CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 31 559-106-17 525 W. 20th Street Sprint Gianni & Associates CUP-2001-4 Located on existing storage building. Wireless communication facility- 9 antennas and equipment building. 32 556-473-18 242 E. 8th Street AT&T FIXED Wireless CUP-2001-6 Located atop an existing church. 33 554-050-12 303 Palm Avenue Sprint PCS Gianni & Associates CUP-2001-10 Located on National Guard Armory property. PCS facility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 34 563-370-35 3007 Highland Avenue Nextel Communications, Inc. Nextel Communications, Inc. CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 35 556-590-61 1019 Highland Avenue Cingular Wireless PlanCom CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 36 563-231-38 1914 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-3 Located on an existing 75 foot tall pole sign for the Sweetwater Town and Country Shopping Center. 37d 564-290-06 3737 Sweetwater Rd. Cingular Wireless PlanCom CUP-2002-4 72 foot tall monopine with standard equipment enclosure. 39 556-101-15 241 National City Boulevard Cingular Wireless PlanCom CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existing fumiture store; four equipment cabinets outside 40 558-200-24 2415 E. 18th Street Cingular Wireless PlanCom CUP-2002-13 Panel antennas located inside new light standards; equipment located inside existing commercial building. 41 556-354-13 716 Highland Avenue AT&T Wireless Services Shelly Kilbourn CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 42 563-010-47 2605 Highland Avenue Sprint Project Design Consultants CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign. 43 554-050-15 2005 E. 4th Street Cingular Wireless Krystal Patterson CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in El Toyon park and a 160 square foot equipment enclosure. 44 556-590-61 1019 Highland Avenue Sprint PCS E3 Solutions CUP-2002-24 . . panes antennas in a new monument sign in the South,Bay Plaza shopping center 45 564-471-01 3030 Plaza Bonita Road Verizon Wireless Whalen & Company, Inc. CUP-2003-13 46 561-271-01 2005 Highland Avenue Cingular Wireless Krystal Patterson CUP-2003-4 47 669-060-26 5800 Boxer Road Cingular Wireless Krystal Patterson CUP-2003-16 48 562-340-26 300 W. 28th Street Nextel Tetra Tech/Franklin Orozco CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adjacent to existing equipment 49 594-110-05 3820 Cagle Street Cingular Wireless Krystal Patterson CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building. 50 557-420-31 1900 E. Plaza Boulevard Cingular Wireless Krystal Patterson CUP-2004-4 5 panel antennas in a new pole sign at Jimmy's Restaurant 51p 552-283-11 2323 E.Division Street Sprint Delta Group CUP-2004-6 52p 560-191-30 1701 D Avenue Nextel Tetra Tech/Franklin Orozco CUP-2004-12 53p 551-570-20 51 North Highland Avenue Sprint Delta Groups/Michael Sloop- CUP-2004-15 54 669-060-26 5800 Boxer Rd. Sprint PC RES 32-2003 55 563-231-39 1914 Sweetwater Rd. Nextel Cathy Lim PC RESO. 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 1u 563-063-29 2563 Grove Street P91-026W Monopole located aside live palm trees. 2u 563-184-47 2909 Shelby Drive P95-025 75-foot monopole and equipment building. 3u 563-062-17 2524 Prospect Street AT&T Wireless Services AT&T Wireless Services ZAP99-028 35-foot monopaim with three sector directional antenna system and equipment cabinets. A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 15, 2005 AGENDA ITEM NO. 17 ITEM TITLE Public Hearing — Tentative Subdivision Map and Conditional Use Permit to Convert 29 Apartment Units to Condominiums at 900-910 Manchester Street (Applicant: Westone Management Consultants) (Case File No.: S-2004-15/ CUP-2004-24) PREPARED BY C Angela Reeder 336-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council continued this item from their meeting of February 1, 2005. This project is proposed for an existing 29-unit apartment complex, at the intersection of Manchester Street and Plaza Boulevard. The proposal would 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 January 10, 2005 meeting. The attached background report describes the conversion in detail. Environmental Review X N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION f"e Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Tentative Parcel Map and Conditional Use Permit. Vote: Ayes- Saludares, Alvarado, Baca, Flores, Martinelli, Reynolds Absent- Pruitt, Carrillo, Graham ATTAAalcilc TSkep Listed Below ) 4. Department and Agency CommReNo. 2. Planning Commission Resolution No. 1-2005 5. Notice of Exemption Including Findings and Conditions of Approval 6. Property Condition Assessment Report 3. Location Map 7. Application 8 plirant's plan. (F vhihit l_RrvicP.-I., R, and C) BACKGROUND REPORT The project site is located at 900-910 Manchester Street. The approximately 1.16-acre site sits at the foot of the Manchester neighborhood, at the intersection of Manchester Street and Plaza Boulevard. Access to the site is available from Manchester Street, as Plaza Boulevard lies approximately 25-feet below the grade of the northwestern side of the property. The developed portion of the parcel is graded relatively flat, but overall the parcel slopes from the southeast down toward Plaza Boulevard to the west, with a difference in grade of about 40 feet. The site is developed with two garden style apartment buildings built in 1964 and a paved surface parking lot. The buildings sit on the southern end of the property and face a central courtyard containing a swimming pool. The surface parking lot is on the northern end of the site, to the rear of the building with 13 units. The other building, which has 16 units, is set back approximately 16 feet from Manchester Street and 10 feet from the southern property line. The two-story L-shaped buildings include 30 rental units and a laundry facility. One of the current rentals was found to be an illegal unit (No. 13), and therefore only 29 units are considered for conversion and future residential use. There are a total of 31 parking spaces provided on -site. Parking stalls are between eight and ten feet wide and 19 to 25 feet deep, while access aisles are between 21 and 34 feet wide. Other site improvements include the centrally located fenced pool area, a trash enclosure, and fencing/walls at much of the perimeter of the site. The property is also landscaped with ice plant on the hillside along Plaza Boulevard, with various trees scattered along the perimeter, and with various palms and plants in the courtyard area. Of the 29 units, 5 are 450 square foot studio units, 8 are 590 square foot one -bedroom and one -bath units, and the other 16 units are 848 square feet in size with two bedrooms 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 overall fair condition with some defects noted, as it has been marginally maintained in the past several years (see photographs in Property Assessment Report). Some recent repairs and maintenance have been made to the property. For example, the building exteriors and metal railings were painted within the last year, and the pavement was seal -coated and re -striped about two years ago. The site is bordered by apartments to the southeast along Manchester and the southwest along Plaza Boulevard. A small shopping center is located to the northwest of the site. Single-family homes are located to the north, east, and south of the site within the Single -Family Estate (RS-1) Zone. 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 Required for new studio, one, and two bedroom apartments Existing Parking spaces 2 spaces/unit plus guest parking 1.3 and 1.5 spaces/unit plus guest parking 1.06 spaces/unit with no guest spaces Unit size 1,000 square feet 500/650/800 square feet 450/590/848 square feet (average) Useable open space' Up to 8,700 square feet Up to 8,700 square feet Approximately 4,500 square feet Density 22.9 units/acre 22.9 units/acre 25 units/acre 'Based on 29 units As you can see, the unit sizes are slightly smaller than the requirements for new studio and one -bedroom apartments and larger than the two -bedroom requirement on average. The unit sizes are also smaller in all cases than the requirement for new 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 through the courtyard/pool enhancements and the site landscaping improvements. Finally, while the amount of parking provided is also less than would be required of new development, it is typical of the parking provided for multi -family projects in the 1960's. 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 pest report. As stated before, the PCA report found that generally the property is in fair condition with only some defects noted. As such, it contains 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, replacing the bathroom fixtures and appliances in each unit, corridor/breezeway railing repairs, roof repairs, and landscaping and irrigation improvements. Most of these items are identified in the planned Renovation Program and additional comments should be easy to incorporate into the renovation. Also, 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 fungus, drywood termite infestations, and other items needing repairs. 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 applied to previous condominium conversion projects approved in the City. Finally, conditions recommended by the Engineering Department have also been attached, including a memo describing the requirement to undergound utilities. Planning Commission held a public hearing on this proposal January 10, 2005. Two area residents spoke at the hearing. One resident owned the abutting apartment property on Plaza Boulevard and was in support of the project, but expressed concerns over a perceived "sewer leak" between the properties that had apparently occurred several years ago. The second resident also expressed support for the project, but voiced a concern over the stability of the slope along Plaza Boulevard. The Commission added a condition requiring the applicant to work with the Engineering Department regarding slopes on the site. They also encouraged the first property owner to speak with Engineering about the sewer issue. The condition requiring utility undergrounding was also raised and the Commission agreed with Engineering's justification, stating that it would remove an existing service pole from the property. The Commission voted to recommend approval of the proposal, finding the upgrading of the property and the creation of 29 homeownership opportunities consistent with the General Plan and a benefit to the residents of the City. RESOLUTION NO. 1-2005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT TO CONVERT 29 APARTMENTS INTO CONDOMINIUM UNITS FOR INDIVIDUAL SALE AT 900-910 MANCHESTER STREET APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2004-15/CUP-2004-24 WHEREAS, application was made for approval of a tentative subdivision map and conditional use permit to convert 29 apartments into condominium units for individual sale at 900-910 Manchester Street, on property generally described as: Lot 6 of O.D. Arnold Estates Unit No. 1, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3700, filed in the Office of the County Recorder of San Diego County, August 23, 1957. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on January 10, 2005 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-2004-15/CUP-2004-24 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 29 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 formof 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 the site is fully developed and all existing improvements will remain, and no expansion will take place. 7. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 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 29 additional opportunities for homeownership, which will likely be available to persons with a moderate or lower income level. 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 planned Renovation Program and each unit interior 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 29 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 to convert 29 apartments into condominium units for individual sale at 900-910 Manchester Street, subject to the following conditions: 1. This Tentative Map and Conditional Use Permit authorize the conversion of the property at 900-910 Manchester Street, including 29 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- 15/CUP-2004-24, dated 12/13/2004 and 10/29/2004 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 final 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 b property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 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 drainage plan shall be submitted showing all of the proposed and existing on -site and off - site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. In particular, the plan shall show the following: Drainage from parking area to street. 8. All surface run-off, including landscaping irrigation within the public right-of-way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 9. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or it's successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the Director of Public Works/Engineering. 10. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically sidewalk, curb and gutter, and driveway opening as marked. The existing abandoned driveway on Plaza Boulevard shall be removed and replaced with sidewalk and curb and gutter. 11. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 12. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Public Works as soon as filed. 13. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 14. A cost estimate shall be submitted with the plans.- Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours. 7 15. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks, 16. All electrical, telephone and similar distribution service wires for the structure(s) shall be placed underground. 17. 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. 18. 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. 19. 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. 20. 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 Attorney and signed by the Planning Director prior to recordation. 21. 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. 22. 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. 23. Plans to stabilize the slopes fronting Plaza Boulevard and the slopes along the south side of the property shall be submitted and approved by the City Engineer. Plans shall include repairing and raising the height of the south retaining wall as necessary. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. y CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 10, 2005 by the following vote: AYES: SALUDARES, ALVARADO, BACA, FLORES, MARTINELLI, REYNOLDS NAYS: ABSENT: PRUITT, CARRILO, GRAHAM ABSTAIN: c?)-4_0Y., CHAIRWOMAN 100 0 \100 Feet w 3421 3403 t.z rO o 3401 DO`L 3 PROJECT SI"-E 3426 3420 3,04 gp1 827 CITY BOUNDARY amm.vme LOCATION MAP Tentative Subdivision Map and Conditional Use Permit to convert 29 apartments to condominium units at 900-910 Manchester Street. co 2 S-2004-15/C U P-2004-24 NATIONAL CITY PLANNING /0 0 DRN. DATE: 12/15/04 INITIAL HEARING: 1/10/05 /4/ ® Recycled Paper �mPoR.pfp nm City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR THE S-2004-15/CUP 2004-24 Date: November 23, 2004 To: Angela Reeder, Planning Department From: Adam J. Landa, Assistant Civil Engineer '944— Via: Stephen M. Kirkpatrick, City Engineer Subject: S-2004-15/CUP-2004-24 1. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. In particular, the plan shall show the following: Drainage from parking area to street. 2. All surface run-off, including landscaping irrigation within the public right-of- way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 3. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the Director of Public Works/Engineering. A sewer permit will be required:'The method of sage collection and.di osal shall be shown on the drainage plan. Any new sewer lateral M..th City right-of- way shall be 6 inch • in size with a clew -I -0t t. A sewer stamp°'"S" shall be provided on the curb to mark the location of the- lateral. /f: Planning Department • November 23, 2004 Page 2 5. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically sidewalk, curb and gutter and driveway opening as marked. The existing abandon( d driveway on Plaza Boulevard shall be removed and replaced with sidewalk and curb and gutter. 6. The existing street improvements along the property frontag,e(s) shall be kept free from weed growth by the use of special weed killers, or othc- approved methods. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the w erk. A Corner Record shall be filed with the County of San Diego Recorder. A c )py of the documents filed shall be given to the City of National City Public Work; as soon as filed. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 9. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed gra< ing, 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 pla.is are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours. 10. Street improvements shall be in accordance with City St andards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 11. All electrical, telephone and similar distribution service wires for the structure(s) shall be placed underground. FINAL MAP REQUIRENvMENTS 1. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and moniunentation. %� Planning Department November 23, 2004 Page 3 2. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 3. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. AL:jha 2004-24 REV. 6/04 xc: Din Daneshfar 1-3 ICI' City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 January 7, 2005 To: Angela Reeder, Planning Department From: Adam Landa, Engineering Department Via: Stephen NI[. Kirkpatrick, City Engineer Subject: CONDO CONVERSION ON MANCHESTER (S-2004-15) The Highland Park apartment conversion location on Manchester Street is required by the ordinance to underground all of the utilities to the center of the street (Engineering requirements dated November 23, 2004). In this case, the poles are located across the street with a service pole located in the front of the property. This pole also serves the apartments behind this property. Therefore, they would be required to underground overhead wires from the existing pole across the street to the property and the property in the back. The existing pole on the property then would be re moved. This would have a minimal cost impact on the project. If you have any questions, call me at Extension 4394. AL:jha highland Recycled Paper f '7 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 November 10, 2004 Ms. Angela Reeder, Assistant Planner City of National City Planning Department 1243 National City Blvd. 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 FARP0N-FRIEDMAN SECRETARY Subject: WATER AVAILABILITY CASE NO.: S-2004-15/CUP-2004-24 A.P.N.: 669-161-020-00 900-910 MANCHESTER ST. (CONDO CONVERSION), NATIONAL CITY SWA GEN. FILE: WATER AVAILABILITY, 2004 Dear Ms. Reeder: This letter is in response to the Tentative Subdivision Map and Conditional Use Permit Application Form for the subject project within the Sweetwater Authority (Authority) service area. There is an 8-inch water main located on the east side of Plaza Boulevard and a 6-inch main located on the east side of Manchester Street The Authority's records indicate that there is one existing 2-inch domestic water service and one public fire hydrant fronting this parcel. Enclosed is a copy of 1/4 SEC. 103 map that shows the existing water facilities. The existing water services should be adequate since no structural changes are proposed for the project, unless the National City Fire Department has any additional conditions. The Owner must submit a letter to the Authority from the National City Fire Department stating that there are no additional fire flow requirements for this project. If there are additional requirements, the Authority will determine if there is a 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. Should any additional services be needed, they will be required to have a backflow prevention assembly installed. If the Owner provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure ranging from a maximum of 72 p.s.i. to a minimum of 62 p.s.i. A Public Water Agency Serving National City, Chula Vista and Surrounding Areas Ms. Angela Reeder, Assistant Planner City of National City Re: Water Availability — 90C-910 Manchester St., National City November 10, 2004 Page two If you have any questions, please contact Ms. Laurie Edwards al (619) 409-6758. Sincerely, SWEETWATER AUTHORITY Hector Martinez Engineering Manager HM:LJE:jg Enclosure: Copy of portion of 1/4 SEC. 103 map pc: National City Fire Department 333 E. 16th Street National City, CA 91950 Manchester Hills 29, LLC 5422 Napa Street San Diego, CA 92110 Mr. Joseph Scarlet Westone Management 1640 Broadway, Suite "A" San Diego, CA 92101 I:\engr\Gen\W ater Availability \reeder_m an chester_co nversion. doc /0 11Y nog was devslap.d by Srw.twwin Authority for Indeed Mu.Mtlun only. It la not designed to provide technical 4.LA, eM sbould not be used for any other purposes **out the express written permission of S0Mfwter Authority. SMwMNer Autlarity- hapifbwenetoweelweter.ap S06 Genet Avenue Chula Mate, CA 9 326 (619)420-1413 FAX: (01(619) 3251469 1.eu90n of weer %ditties ere approelmete only, b.sed on record Information. Fore more accurate location, wafer fadir ies must be 9e14oca%d. Cell U.SA ® 1400-422.4133 two dale prior to excavation. The parts or rood data shovel on ibis +0 fa proprietary Information. The use 's information Is pursuant to sublicense intent only. Any meets or r*iurelrp of edanr9n is praid%d, except .mordence with soar eudicenanp agreements SnGIS- httpWww.sanplcorg 1010 SaaM Avenue, Suite 130A Son 01e90, CO 92101-4903 Subject Property: 900-910 Manchester St. National City �a 1/4 SEC. 103 SCALE: 1 INCH = 200 FEET City of National City Planning Department 1243 National City Blvd., National City, CA 919i50 (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 -15/CUP-2004-24 Project Location: 900-910 Manchester Street Contact Person: Angela Reeder Telephone Numbs; r: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Tentative Subdivision Map and Conditional Use Permit for the conversion of 29 apartments into condominiums Applicant Name and Address: Westone Management Consu1i ants 1640 Broadway Ste. A San Diego, CA 92101 Telephone Number: 619-645-9071 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applical)le) ® 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 29 existing apartments into 29 condominium units. No expansion of the existing structures is included in this proposal. Date: /8' Angela Reeder, Assistant Planner Recycled Paper Manchester Hills 29, LLC 5422 lisps Street San Diego, Conform. 92110 Phone 619-220-0775 April 22nd, 2004 To Whom It May Concern; Fax 619-220-e005 Re: 900-910 Manchester Street, National City, Capfornla APN 669-161-02-00 This shall conflrrn that we, with this letter, have engages the services of; Westone Management Consultants 1640 Broadway, Suite A San Diego, CadifonNa 92101 Phone 619-645-9071 Fax 619-645-9075 to sign and file an application, with the City of National City, to convert the above captioned apartment property to condominiums. Westone Management Consultants and their lead consultant Joseph Scarletti are hereby authorized to withdraw drawings from the building department and do or cause to be done such actions pertinent to the approval of the application(s) to convert the apartment properties to condominiums. Westone Management Consultants shall have access toy the property for the purposes of giving the tenants the State required 60 & 180 day notices of intent to convert the apartment buldings to condominiums, and to authorize the on - site property manager to have such notices as required by law to be signed by all new tenants, and to hold a public information meeting with the tenants to provide Information to the tenants. Further, Weston Management Consultants and their sub -consultants shall have access to the property for the purposes of completing the civil engineering survey space Drawings) to bye completed by a Clvill Engineer and e Subdivision Map) and condominium Physical Elements Report) to be completed by a Structural Engineer. Sincerely. Manchester Hills 29, Wand Ro �•d /ol7f Y14.1 17rNgR141 AN WATRib hnna An l*n /9 REPORT ]Property Condition Assessment Highland Park Apartments 900 Manchester Street National City, San Diego County, California 9 1950-4146 Project No. 6-C-01869 June, 2004 Prepared For Illinois Street No. 14, LLC c/o Westone Management Consultants 1640 Broadway Suite A San Diego, California 92101 Attention: Mr. Joseph Scarlatti Prepared By JCEP/13uang Consulting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 2 o JCEP/HUANG CONSULTING ENGINEERS, INC. 217 Via Lara Dos Vientos Ranch, CA 91320 Tel: (805) 375-6292 Fax: (805) 375-8292 June 22, 2004 Illinois Street No. 14, LLC c/o Westone Management Consultants 1640 Broadway Suite A San Diego, California 92101 Attention: Mr. Joseph Scarlatti Re: Transmittal of PCA Report Highland Park Apartments 900 Manchester Street National City, San Diego County, California 91950-4146 Dear Joseph: Attached is one hard copy of the referenced report with color photo originals and wet signatures. 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 June 8, 2004 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. Sincerely, TABLE OF CONTENTS SECTION PAGE 1.0 EXECUTIVE SUMMA_2.Y 4 1.1 General Description 4 1.2 General Physical Codition 5 1.3 Recommended Immediate Repairs 5 1.4 Recommended E hort Term & Intermediate Term Repairs 6 2.0 SCOPE OF WORK 7 3.0 SALIENT INFORMATION 9 4.0 SYSTEM DESCRIPTIC)N AND OBSERVATION 10 A Electrical 10 B Plumbing 10 C Utilities ..11 D Walls, Ceilings .End Windows 11 E Recreational Facilities 12 F Sound Transmission Classification (STC) and Insulation 13 G Roofs 13 H Parking Facilities and Driveways .14 I Appliances 14 J Mechanical Equipment 15 K Insulation StandErds 15 L Structural .15 M Foundations .16 N Site Drainage 16 0 Photographs .1 through 30 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex known as the Highland Park Apartments located at 900 Manchester Street in National City, San Diego County, California 91950-4146 (subject property) at the request of Lindsay Erickson of Westone Management Consultants. As a part of the PCA, an on -site walk through observation was made on June 8, 2004 with Cristo Myer, Property Manager of Highland Park Apartments. The subject property consists of 29 apartments contained in one 2-story garden type apartment building. Constructed of wood frame, the apartment complex has a rentable area of an approximated 21,614 square feet. Development of the property was completed in 1964 on a parcel of land of an estimated 1.18 acres in the City of National City. A brief description of the apartment mix is as follows: Apt Unit Type No. of Units Remarks Studio 5, Nos. 5, 7, 13, 14, 16 and 29 *No. 13 is an illegal unit One x One 8, Nos. 6, 8, 15, 17, 22, 23, 28 and 30 Two x One 16, Nos. 1 thru 4, 9 thru 12, 18 thru 21 and 25 thru 27 These are townhome units Total 29 units Note: This unit may be converted into a community room in the near future. Additionally, the subject dwelling complex also provides 31 asphalt paved surface parking spaces, a swimming pool, a laundry facility and associated hardscape and landscape. 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 by electric individual wall mount heaters in each apartment. Domestic hot water for the apartments is provided by two centralized gas -fired hot water heaters contained in the community laundry room. Each dwelling unit is furnished with an electric range/oven, stainless steel sink, wall cabinets and refrigerator. One laundry room, with three coin -operated washers and three dryers, is leased to and operated by WEB Services. The electric distribution panels and individual electric meters are housed in the utility closet of the building. Gas main is hung on the exterior wall near the laundry room. Smoke detectors are available for the apartments, and the apartment building is fitted with fire extinguishers. Additionally, fire hydrants are located along the city street sidewalks by the property as required by the current fire code. / ,23 1.2 General Physical Condition The subject property appears marginally maintained and in with some defects noted. Components of the building are cc materials and stun: y construction. It is JCEP/Huang's opini property is comparable to other similar properties of similar subject to a continued program of sustained preventative m: remaining economic life of the subject apartments should e: 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenalce and physical deficiencies for which a mended represent ;potentially unsafe conditions, material co items that require corrective works on a higher priority than Based upon observations conducted during the property visi objectionable property conditions that require immediate co identified: overall fair condition imposed of durable )n that the subject age in this area and, Lintenance, the :ceed 30 years. Mons are recom- le violations, and routine work. t, the following Tective works were • The painted wood fence on top of the slope facing Plaza Boulevard has large gaps between the ground and the bottom of the fence. (S De photos 5 and 6). The condition may allow small children to fall through t ie gap accidentally. And the plants i.n the vicinity of the fence appeared dry, and the irrigation line does not appear to be functioning. It is recommended that shrubs be planted along this fenc D, together with necessary irrigation system. ESTIMATED COST: $3,200.1)0 • Bare area on the slope facing Manchester Street (see phc to No. 29) needs be cleaned and new matching ground cover be planted. It is also recommended that irrigation system in this area be up -graded as needed. ESTIMATED COST: $1,000.110 • Electrical wires were noted to be exposed on the roof are a facing Manchester Street. (See photo No. 22) All exterior electrical wires should be contained in conch its. ESTIMATED COST: $ 500. )0 • Replace the wood cap for the second floor corridor/breez eway near Apartment No. 16. (See photo No. 28) ESTIMATED COST: $1,200.00 • Remove debris and weed growth around the area drain on the concrete deck of the swimming pool (See photo No. 27). Cost of which is insignificant. 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the property has planned a Renovation Program to convert the dwelling units into condominiums. 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. JCEP/Huang also recommends the following repairs/replacements and up -grades to be incorporated with the Renovation Program. • Reroof the building. • Isolated cracking and alligatoring were noted on the asphalt paved parking lot. Localized repairs are recommended. Following the repairs, seal -coating and restriping of the pavement should be performed. • Up -grade the landscaping and irrigation system. • Replaster the swimming pool surface. • Install an electronically operated metal gate system at the entry driveway facing Manchester Street. 2.0 SCOPE OF WORK Scope of Work for this PCA is based upon the requirement;: as outlined by Westone Management Consultants, and includes the follow ng: 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 N. Site Drainage This report represents a statement of the physical condition c f the building and property based upon visual site observation, professional ans lysis 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 thit were capable of being visually observed. Walls and ceilings were not opened to observe covered, hidden, or concealed conditions. In addition, no sampling ws s 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 a ccordance with the generally accepted construction consulting practices, and mace 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 estimate:: 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 r equired for more detailed costs, and would be based upon a detailed definition of the proposed scope of work. 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. The scope of this report did not include any investigation of environmental conditions at the subject property site and buildings. No representation is made as to the property being free of toxic materials. In addition, no representation is made as to the presence of termite or insect infestation. 77 2,0 SALIENT INFORMATION Project 06-C-01869 Property Name Highland Park Apartments Property Address 900 Manchester Street National City, San Diego Cc unty, CA 91950-4146 APN 659-161-02 Year Built 1964 Year Renovated The apartments will be rent ated within 2 to 3 years. Zoning C, Multiple Dwelling, current usage of the property is in conformance with the zoning requirement Occupancy Group B-2 Construction Type V-1, Not fire-sprinklered Number of Building One rectangular -shaped apart went building. Number of Apartments 29 Owner Illinois Street No. 14, LLC Occupancy Rate 100% Number of Stories Two-story Basement None Lot Size Approximately 1.18 acres Total Building Area Approximately 16,900 squan feet, rentable Number of Parking Spaces 31 asphalt paved open surface; parking stalls. Property Visit Date June 8, 2004 Property Visit Conducted by Johnny Huang, P.E. Accompanied By Cristo Myer ; Property Mana; ter Tel: 619-540-0505 Weather Sunny, mid 70's 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Electrical Description: Electrical services for the apartments are from a concrete pad mounted, and San Diego Gas and Electricity owned transformer to the building's distribution panels. Tenants are individually metered for electric services. Power to the building is provided at 120/240-volts. Each apartment is provided with a 120-volt, 100-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 good condition. However, exposed electrical wires were noted on the roof area facing Manchester Street. JCEP/Huang recommends that all exposed exterior wiring be enclosed in conduits. It is also recommended 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 storm wastes 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 two centralized gas -fired hot water heaters contained in the laundry room. 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 to fair condition, and appeared adequately maintained. Management of the Apartments advised that the hot water heaters were replaced within the past three years. They 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 fi tures will be repaired/replaced as a part of the Renovation Program. As a safety measure, JCEP/Huang recommends that tle natural gas system be checked by the utility company. C. Utilities Description: JCEP/Huang was informed by the Management of the apaitinents that the following companies and municipality currently provide utility services to the subject property: Electricity Natural Gas Sanitary Elewerage Potable Water Solid Waste Removal San Diego Gas and Electric (SDG&E) SDG&E National City National City EDCO On -site utilities are underground. Electrical services are from a concrete pad supported and SDG&E owned transformer with underground conductors routed to the electrical equipment closet attached to the. side wall of the 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. Trash is collected by EDCO twice weekly. Trash area appeared to be clean and without objectionable odor. D. Walls, Ceilings and Windows Description: Exterior walls of the apartment building are observed to be constructed of operable windows and doors, painted stucco, painted wood siding and 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. Siding is also likely to be backed by plywood or exterior grade gypsum. boards. Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity. Second floor corridors/breezeways appears to be of light weight concrete over wood frame with wood capped railings, while the ground floor corridors/breezeways are constructed of cast -in -place reinforced concrete slabs. Upper level apartments are accessed by exterior stairs. The stairs are constructed of steel stringers with precast concrete treads and painted metal railings. 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. Interior stairs, accessing the upper level spaces in the townhome units, are constructed of wood frame with carpeted treads. Windows are of aluminum framed single glass operable units with meshed metal screens. Ceilings of the apartments are of texture painted drywall construction. Interior walls are of texture painted gypsum boards supported on 2 x 4 or 2 x 6 wood studs. Bathroom, kitchen and dining areas are typically covered with sheet vinyl or vinyl tiles. Living rooms, bedrooms and the interior stairs are covered with wall-to-wall carpet. Observations/Comments: No structural distresses were noted on the walls. The walls remain to be straight, in line and plumb. As an operation routine, interior walls are painted, carpets are cleaned, and any water stains in the bathrooms are removed and disinfected if necessary upon tenant changeovers. Management of the Apartments also advised that the building exteriors were painted about a year ago. Metal railings for the exterior stairs and the corridors/breezeways were painted at the same time. The building exteriors appeared adequately maintained and in good condition. However, it was noted that the wood caps on the 2°a floor corridor/breezeway railing appeared to have been damaged by dry rot. The damaged wood caps should be replaced immediately. As a part of the planned Renovation Program to up -grade the property, interiors of the apartments will be painted, floorings and windows and doors will be repaired/replaced on an as -need basis. E. Recreational Facilities Description: A centrally located swimming pool is provided for the apaitinents. This pool is mechanically filtered, but not heated. Cast -in -place reinforced concrete slab deck is with metal fencing is provided around the pool. yr 3' The swimming pool is cleaned once every week by professional pool services. Observatio, s/Comments: The pool was clean, and it appeared adequately maintained and in good operating condition. Management of the Apartments advised that the pool surface was perhaps replastered :.0 to 12 years ago. It is recommended that the pool surface be repalstered in conjunction with the Renovation Program. F. Sound Transmission Classification (STC) and Insulation Description: Wood framed residential building constructed in the 1960's usually feature staggered stud walls with a 4 to 6 inch air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly of such configuration 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 IIC ratings of separating floor/ceiling assemblies is 50 also (45 if field tested). The actual assemblies of this apartment complex may have provided enough 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 1960'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. The actual insulation value can be confirmed when the walls are opened during the renovation construction. G. Roofs Description: Construction drawings and specifications of the project were not available for JCEP/Huang's review and reference. The apartment building is observed to be weatherproofed with a conventional built-up roofing (BUR) membrane system that is most probably over plywood roof sheathing supported on wood frame composed of milers, joists, posts and studs. BUR is typically constructed of inter -mopping of plys of roofing felts with hot and liquid form asphalts, 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 are plumbed to the on -site drainage system. 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: Roof leaks were reported and repaired immediately. Management of the Apartments advised us that the BUR is quite old. Our observation confirmed this assertion. It is most likely that reroofing will be required within the next 5 years. This work can be incorporated with the planned Renovation Program. H. Parking Facilities and Driveways Description: Driving access to and from the property is through city street curb cuts along Manchester Street. Asphalt concrete paved driveway and surface parking for 31 vehicles are provided for the tenants. Vehicles may also be parked on the nearby streets. Observations/Comments: In and out of the property appears to be convenient. Surface parking appears to be well defined by white stripes, and all parking stalls appear to be large enough to easily accommodate vehicles. Management of the Apartments advised that the asphalt pavement was seal -coated and restriped about two years ago. No differential settlements were noted on the parking lot and driveway which may be an indication that the substrate of the asphalt pavement was properly prepared and compacted during the initial construction. However, isolated cracking and alligatoring were noted in some localized areas of the asphalt pavement. It is recommended that the distressed pavement areas be repaired and the entire lot be seal -coated and restriped. This work can be incorporated with the planned Renovation Program. I. Appliances 33 Description: Each apartment is equipped with an e:iectric 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 two for each category per year. Observations/Comments: Rate of replacement of appliances is about average for the size of the apartments (25 units to 30 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 by individual electricity - powered 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 good to fair condition. However, mechanical units are approaching or are 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. Ll. Vertical Support System 3-v The roof of the apartment building is 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 floor of the apartment building is constructed of cast -in - place reinforced concrete slab -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. Finally, the lateral force is transferred to the foundation system for subsurface dissipation. The shear walls are the interior and exterior walls of the building which are constructed of plywood and gypsum boards supported on 2 x 4 and 2 x 6 wood studs. Observations/Comments: Low-rise wood 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 appear to be adequately maintained and in good condition. No structural repairs are required at this time. M. Foundations Description: The building is 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 ground floor of the apartment building is constructed of reinforced concrete slab -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. N. Site Drainage Description: Topography of the project site is basically flat. The site appears to have been graded from an original hill side lot. A ground cover protected slope and a retaining wall constructed of concrete blocks line the east side of the property facing Manchester Street v,hile the western border of the property starts down gradient towards Plaza Boulevard. Site drainage is primarily surface and gravity controlled. Building pads appeared to have been graded with slight slopes for property drainage. Walkway and asphalt paved driveway and parking lot are constructed with noticeable gradient that slopes away from the building structures and towards the city streets. Rainwater from the roof is collected by metal gutters and downspouts which splash the water onto the pavement. Observations/Comments: No significant wet areas were noted on the property. Site drainage appeared in good condition. However, i.t is noted that landscaping and irrigation of the site needs much improvement. This improvement can be incorporated with the planned Renovation Program. Additionally, the painted wood fence on top of the slope facing Plaza Boulevard has large gaps between the ground and the bottom of the fence (See photos 5 and 6). The condition may allow sma',1 children to fall through the gap accidentally. The plants in the vicinity of the fence appeared dry, and the irrigation line does not appear to be functioning. It is recommended that shrubs be planted along this fence together with necessary irrigation system. This work should be carried -out immediately. 36 PHOTOGRAPHS 37 1. The entry driveway of the property facing Manchester Street. 2. The property awing at pedestrian entryway. Note: The slope of the street. 3. Fire hydrant at the corner of Plaza Boulevard and Manchester Street. 4. The parking lot. 37 �'�liuillli. ' 11I1IIDtl1Ip111111 illlIIII11111111111". 111111I1111IIlr IIlHUIIIIII111111 I!Jll,i,�����', 5. Painted property fencing. 6. Painted property fencing. Note: Gap between the fence and ground appear to be big enough to allow small children to fall through. 7. Western elevation of the building facing Manchester Street. 8. Apartments facing the swimming pool. z7l 9. Concrete walkway between the parking lot and the building. Note: The gas main and the fire Extinguisher. 10. Corridor/breezeway accessing the apartments. 11. Exterior stairs accessing upper level apartments. 12. Upper level breezeway accessing apartment units. 13. A corner of the apartment. Note: The wall heater and the smoke detector. 14. Typical window in the bedroom. 48 15. Typical bathroom. 16. Typical kitchen. 17. Typical interior stairs accessing upper level rooms in the 2 x 1 townhomes. 18. The dining area. Note: The smoke detector. 19. The roofing system. 20. The roofing system. q, 21. Metal gutters along the perimeter of the roof. 22. The metal downspout. Note: The electrical wires should be enclosed in conduits. 23. Central hot water heaters. Note: The units are strapped for seismic safety. 24. The laundry room. q 25. The electric meters. 26. SDG&E owned transformer. Note: Monumental signage and sidewalk along Manchester. Street. 27. Area drain in the swimming pool area. Note: Weeds and debris around the drain should be cleared. 28. Damaged wood cap near Unit #16. 51 29. The slope should be cleaned and trimmed and kept cleaned and trimmed. 30. Stains around the bathtub in unit #15. S � 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 COMPLETING' THIS FORM FOR DEPARTMENT USE ONLY Case Number S— 719oL — 1 S Filing Fee $ 72-Receipt 1o. Date Received�-1� ?C Ai By �j€'"v fit. J E.A.F. Required MEPArr Fee $ ti1 Related Cases eu — 2-E09 — 2 SEE FILING INSTRUCTIONS AND CHAPTER 17 OF THE NATIONAL CITY MUNICIPAL CODE FOR MORE INFORMATION. ASSESSOR PARCEL NO. „ 9 / J PROPERTY LOCATION 4500 ` 0/0 41 COMBINED GENERAL PLAN/ZONING DESIGNATION TentatiVe Parcel/Subdivision Map Application Revised December, 1998 Page 1 of 3 5-3 CIVIL ENGINEER OR OTHER AUTHORIZED REPRESENTATIVE Signature (Si'a. e acknowledges tha application is being filed) Address:/( NO 13gGqd Su/ J Sari Der 161- �/v / A4- Signature (Signature acknowledges that this application is being filed) Address: N'a. Phone Nc(9/ J & t75--GIO i / Phone No. Nii4 Fax N(2(Gi) 62 c15"-q07 5 Fax No. Date: Date: N/Q A/ PROPERTY OWNER(S) of all property included in this application: (Attached extra sheets if necessary). Name: C.ts, COY)342„(C61)1, Name: Al/A- Signs' ure I di A0i),WGrhei( Signature A f/t (Signature acknowledges that this (Signature acknowledges that this application is being filed) application is being filed) Address: 5 / 0 . � 77j2, Address: Svc 101 yD 09- %a//v Phone No/(0('-go7/ Fax No((cO/J ("(5 W) 75 Date: iiLytat 02/ 2 1( Tentative Parcel/Subdivision Map Application Revised December, 1998 Page2 of 3 Phone No. Ai Fax No. A)1A- Date:/4 APPLICANT Name: ,7)/L2i /Th? (Please type or print) Signature: rLigilt Cal Sli//rrfits (S' ture ce`rt• es that the/4/ ormation submitted with this application is true and accurate to the best of the applicant's knowledge). Address: Ji go 6e0 / C iS of _5av) 0/P✓b , C' qa-/O / Phone No. Fax No. Date: �, / ~ q0 r)/ (01&) Sy5--gO7S— luyus o2r Tentative Parcel/Subdivision Map Application Revised December, 1998 Page 3 of 3 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE February 15, 2005 AGENDA ITEM NO. 18 "ITEM TITLE Public Hearing on the formation of Residential Permit Parking District "J" located on the ea's side of Hoover Avenue between 14th Street and 15th Street (Sheppard, TSC Item No. 2005) PREPARED BY Adam Landa EXPLANATION DEPARTMENT Engineering EXT. 4386 On February 1, 2005, the City Council approved the resolution (see attachments) for the setting of a public hearing for the formation of a residential permit -parking district "J" located on Hoover between 14th and 15th Street. The hearing shall be held on February 15, 2005, at 6:00 p.m. in the City Council Chambers. As stated in the resolution, Mrs. Sheppard is requesting the parking district because the auto businesses around the neighborhood are taking all of the parking spaces. Engineering Department and the Traffic Safety Committee has completed necessary surveys (see attachments) and has approved the permit -parking district on January 12, 2005. J Environmental Review N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing andaire staff to proceed with the formation of the district. Nk,► BOARD / COMMISSIO RECOMMENDATION The Traffic Safety Committee at its meeting of January 12, 2005, approved the new parking district located on the east side of Hoover Avenue between 14th and 15th Streets. ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution of February 1, 2005 2005-1 Px 2. Staff Report to the Traffic Safety Committee A-200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT February 1, 2004 AEETING DATE AGENDA ITEM NO. (-ITEM TITLE Resolution setting a Public Hearing for February 15, 2005 on the formation of Residential Permit Parking District "J" located on the east side of Hoover Avenue between 14th Street and l5t" Street (Sheppard, TSC Item No. 2005-1) PREPARED BY Adam Landa DEPARTMENT Engineering Ext. 4386 EXPLANATION Mrs. Michelle Sheppard, the owner of the property at 1407 Hoover Avenue, has requested the formation of a Residential Parking District in her neighborhood. Employees from the businesses across the street frequently park in front of her residence and those of her neighbors. This has caused great inconvenience for the neighborhood. It is a concern when residents get home and cannot find a parking space in front of their residence. Mrs. Sheppard has collected the required signatures to form the new parking district. In accordance with City policy, the Engineering Staff conducted a survey (see attached report) on 10/26/04, 11/17/04 and 11/23/04 of the area. The results of this survey were presented to the Traffic Safety. Committee on January 12, 2005. At that meeting, it was recommended and approved that the parking district be established in accordance with the City Council Policy. The Policy requires that a public hearing be held before the establishment of the parking district. The public hearing shall be set for February 15, 2005 at 6:00 p.m. in the City Council Chambers. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold the Public Hearing and direct staff proceed with the formation of the district. BOARD / COMMISSION RE ► • MMENDATION The Traffic Safety Committee at its meeting of January 12, 2005, approved the new parking district located on the east side of Hoover Avenue between 14th and 15t" Streets ATTACHMENTS ( Listed Below ) Resolution No. 1. Staff Report to the Traffic Safety Committee A-200 i9;99) NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 12, 2005 ITEM NO. 2005-1 ITEM TITLE: REQUEST TO ESTABLISH A RESIDENTIAL PARKING DISTRICT ON THE EAST SIDE OF HOOVER AVENUE BETWEEN 14TH STREET AND 15TH STREET (BY: M. SHEPPARD, PH. 235-9616) PREPARED BY: Adam J. Landa, Engineering .Department DISCUSSION: The Traffic Safety Committee directed Staff to conduct the survey for the establishment ofthe parking district on Hoover Avenue between 14th Street and 15th Street. On three separate occasions, a count of parking space usage and availability was made on this section of Hoover Avenue. These are the results of the survey: Date of Survey 10/26/04 11/17/04 11/23/04 Time of Survey 5:07 p.m. 4:20 p.m. 3:20 p.m. Total spaces available 15 15 15 Spaces Occupied 14 13 15 Spaces Occupied by Residents 4 3 1 Spaces Occupied by Non -Residents 8 8 11 Vacant Parking Spaces 1 2 0 e=. - -- - .._ -_.. for the establishment of the parking district are as follows: 1. The district shall be between two consecutive intersections. This condition is met. 2. At least 70% of the parking spaces are occupied by non-resident vehicles during the time the parking survey is being conducted. This condition is met. The minimum criteria require that both conditions be met by the survey. In this case, both requirements are met. STAFF RECOMMENDATION: Staff recommends that Hoover Avenue between 14th to 151h Streets be approved since it meets the City Council policy for the establishment of a new parking district. EXHIBITS: 1. TSC Item No. 2005-1 Tsc 2005-1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 13, 2004 ITEM TITLE: REQUEST TO INITIATE A STUDY FOR A RESIDENTIAL PARKING DISTRICT ON THE EAST SIDE Of HOOVER AVENUE. BETWEEN 14TH STREET AND 15 " STREET (BY: M. SHEPPARD) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Ms. Michele Sheppard, the owner of 1407 Hoover Avenue, has requested that a residential parking district be established on the east side Hoover Avenue between 14 Street and 15th Street. Ms. Sheppard has broughtin_a. petition that contains the required signatures of 60% of the property owners The Residential Permit Parking Program Policy requires that all requests be directed through the Traffic Safety Committee, who shall the make: -,a decision whether to proceed with the necessary studies and surveys to form the new district. STAFF RECOMMENDATION: Staff recommends that the Traffic Safety Committee direct the City Engineer to initiate the required studies and surveys as stated in the Council's Residential Permit Parking Policy. EXHIBITS: 1. Petition 2. Location Map 3. Photos 2004-45 W. 14th W. 15th 1340 SITE STRLI- T 1Y STREE W, 16 LI-) 1747577W PARA1NG 1 STRE 0 2 $ept 2004 Traffic Safety Committee Publics Works dept. 1243 National City Blvd. National City, Ca. 91950 Dear Traffic Safety Committee, Homowners on the 1400 block of Hoover Ave. request your consideration to install a permitted parking district on the East Side of Hoover Ave. Businesses on the West Side of Hoover Ave between 14th and 15th St. take all the available parking spaces in the area leaving nowhere for residents to park. At times residents must hike 2-3 blocks to get their groceries home. A few of us have discussed the parking issue with business owners asking them to leave 1 slot open per home. The businesses continue to ignore our requests. Homeowners on the attached petition ask you to please install a parking district on our block. Sincerel 1400 b14 r presentative and Home orher 1407-09 Hoover Ave ric ' - • Tar is. sAr-% Hoov et- SA r -Pr i t4inn e „Mickele Stlitefloxri :Cor 14401 - 1404 Woov 4r Ar jqt ge= __1410-1F:ev a -11151 11-1, fe- MVOS / Pito ht..a 3104 '014.lirt _ $4% $‘ Co VA' 2,5-9.10P6_ /41,3111vE_,42. ave 61/i-1- L (47_ N) -oj say: JOCC C• m 4-11-T74 A _ -5:4661 ) 49R il-e9_R T AteAt-4" 4Z- 7 /it-- iltt yea- gag 64-,9/11z: 6:14) 932(1 11 /Zeta rfe _93/ ZY &ti _ gl_q___140euer Ave) / 3 4 a,f,/,-(_ / rage i or z file://C: \WINDOWS\TEMP\P 010 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE February 15, 2005 AGENDA ITEM NO. 19 ITEM TITLE A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A� PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. PREPARED BY Park Morse Finance Director EXPLANATION tin DEPARTMENT Finance The State owes the City of National City $1,013,605.01, in Vehicle License Fee revenue which the State "borrowed" as part of the State Budget solution. The State has promised to repay the loan in late 2006, but without interest. The proposal in front of the City Council this evening allows for the City to receive an amount slightly less than the value of the loan but to receive it in the next 60-90 days. The money would then be invested until needed for cash flow. This proposal secures capital for us earlier than waiting for the State and it removes the risk of a possible delay or rescission of the State's repayment offer. A more detailed summary and supporting documents as well as a process flow chart are attached to provide additional information about this proposed transaction. y Environmental Review N/A Financial Statement Provides cash stability to the General Fund. Approved By:, 4/ Finance Director Account No. n/a STAFF RECOMMENDATION Adopt the resolution and authorize Staff to move forward with the sale. BOARD / COMMISSION RECOMMENDATION n/a ATTACHMENTS ( Listed Below) Resolution No. Staff report Resolution Sale Documents A-200 (9;99) RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, certain public agencies within the State of California (the "State") are entitled to receive certain payments payable by the State to each such local agency on or before August 15, 2006, in connection with vehicle license fees pursuant to Section 10754.11 of the California Revenue and Taxation Code ("VLF Gap Repayments"); and WHEREAS, the City of National City (the "Seller") is entitled to and has determined to sell all right, title and interest of the Seller in and to the "VLF Receivable", as defined in Section 6585(i) of the California Government Code (the "VLF Receivable"), namely, the right to payment of moneys due or to become due to the Seller out of funds payable in connection with vehicle license fees to a local agency pursuant to Section 10754.11 of the California Revenue and Taxation Code; and WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Authority"), has been authorized pursuant to Section 6588(w) of the California Government Code to purchase the VLF Receivable; WHEREAS, the Authority desires to purchase the VLF Receivable and the Seller desires to sell the VLF Receivable pursuant to a purchase and sale agreement by and between the Seller and the Authority in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; and WHEREAS, in order to finance the purchase price of the VLF Receivable from the Seller and the purchase price of other VLF Receivables from other local agencies, the Authority will issue its taxable and tax-exempt notes (the "Notes") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Notes will be payable solely from the proceeds of the VLF Receivable and such other VLF Receivables; and WHEREAS, the Seller acknowledges that the Authority will grant a security interest in the VLF Receivable to the Trustee and any credit enhancer to secure payment of the Notes; and WHEREAS, a portion of the proceeds of the Notes will be used by the Authority to, among other things, pay the purchase price of the VLF Receivable; and Resolution No. 2005 — February 15, 2005 Page Two WHEREAS, the Seller will use the proceeds received from the sale of the VLF Receivable for any lawful purpose as permitted under the applicable laws of the State. NOW, THEREFORE, the City Council of the City of National City hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the VLF Receivable to the Authority for a price no less than the Minimum Purchase Price set forth in Appendix A. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in substantially the form presented to this meeting, with such changes therein, deletions therefrom and additions thereto, as such Authorized Officer shall approve, which approval shall be conclusively evidenced by the execution and delivery of the Sale Agreement. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller notifying the State of the sale of the VLF Receivable and instructing the disbursement pursuant to Section 6588.5(c) of California Government Code of the VLF Receivable to the Trustee, on behalf of the Authority. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to one or more tax certificates, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Notes, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the VLF Receivable or the issuance of the Notes, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Resolution No. 2005 — February 15, 2005 Page Three Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice,order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the VLF Receivable to the Authority pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Section 7. The Resolution shall take effect from and after its adoption and approval. PASSED and ADOPTED this 15th day of February, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Staff Report — February 15, 2005 Vehicle License Fee Gap Receivables Financing Program City of National City Department of Finance Agenda Item: A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Summary: The Vehicle License Fee (VLF) is the equivalent of a property tax on a vehicle. It has always been a revenue source exclusively for cities and counties. The State budget for FY 2002- 03, and 2003-2004, changed the amount of the license fee and which level of government was to receive it. In addition, some of those changes were themselves later reversed. During part of this on -again -off -again VLF budget process in Sacramento, the State reduced the amount of the VLF assessed to vehicles and in doing so reduced local revenue. At that point the State also created a backfill system in which they sent local governments an amount of revenue equivalent to our loss. In between the change in State administrations there was a 3-month period during which the State owed but failed to make $1.3B in VLF payments to local governments. Legislation later termed this the "VLF Gap Loan," and pledged the repayment of the missing 3-months to cities and counties by August 15, 2006. It is National City's share (our missing revenue) of this "VLF Gap Loan" that is the subject of the recommended financing before you this evening. An attached flowchart diagrams the approach. The heart of our recommendation is that money earlier is wiser for our municipal treasury than the promise of a later repayment by the State. The State's track record in dealing with local government finances is the best argument to pursue this financing approach. This financing is structured to provide the City with cash now to help with a challenging budget environment. It also removes the risk of the State again failing on one of its promises or, perhaps more likely, further delaying the promised repayment to the City. It is Staff's conclusion that cost of this transaction is appropriate when compared with the City's cash requirements and our uncertainty at the hands of the State. V LFStaffReport_TaxableB. doe Page 1 How does it work? The State's VLF Gap Loan to National City is valued at $1,013,605.01. This represents VLF revenue already withheld from National City by the State. If the City Council does nothing, the State has promised to repay this Gap Loan on August 15, 2006.1 This loan is termed a "receivable" in that it is money owed to the City. The City, through its membership in a Joint Exercise of Powers Authority (JPA) known as the California Statewide Communities Development Authority (CSCDA) proposes to sell this receivable to CSCDA. CSCDA then owns the receivable and the rights to the eventual repayment of the loan by the State. Soon after ownership passes to CSCDA, they will issue notes to bondholders to generate capital. The bondholders assume the risk of State repayment, not the City. This offering, less the cost of issuance, creates a one-time revenue flow which can then return to the City of National City. The plan is for the payment resulting from this offering to be sent to the cities by CSCDA in about April, of 2005, or 17 months earlier than the State has offered to re- pay. The issuance costs are only estimated at this time but they are represented to us at a little less than 8%2, gross, on the high side. At this rate, applied against the value of the loan the State owes us, the amount the City of National City could expect to receive from the recommended financing would be in the area of $932,516.61.3 Proceeds will be invested by the City upon receipt and it is likely we will be able to make up some portion of the issuance cost. The City's Financial Advisor, Ruben Mendoza, has examined the program and is in agreement that the City should proceed to the sale. Background Vehicle License Fees and VLF Gap Repayment: Vehicle license fees ("VLF") were historically assessed in the amount of 2% of a vehicle's depreciated market value for the privilege of operating a vehicle on California's public highways. Beginning in 1999, the VLF paid by vehicle owners was offset (or reduced) to the effective rate of 0.65%. In connection with the offset of the VLF, the Legislature authorized appropriations from the State General Fund to "backfill" the offset so that local governments, which receive all of the vehicle license fee revenues, would not experience any loss of revenues. The legislation that established the VLF offset program also provided that if there were insufficient State General Fund moneys to fully "backfill" the VLF offset, the percentage offset would be reduced proportionately (i.e., the license fee payable by drivers would be increased) to assure that local governments would not be disadvantaged. In June 2003, the Director of Finance under the Davis Administration ordered the suspension of VLF offsets due to a determination that insufficient State General Fund moneys However, there is speculation that it would be lawful for the State to delay repayment to as late as 2009. 2 Preliminary application documents the City has filed with CSCDA call for a cost of issuance not to exceed 10%. Any cost greater than this when the issue is actually sold statewide would trigger Our withdrawal from the offering. 3 Calculations: $1,013,605.01 X 8% = $81,088.40. $1,013,605.01 - $81,088.40 = $932,516.61. VLFStaffReport_TaxableB.doc Page 2 would be available for this purpose, and, beginning in October 2003, the VLF paid by vehicle owners were restored to the 2% level. However, the offset suspension was rescinded by Governor Schwarzenegger on November 17, 2003, and State offset payments to local governments resumed. Local governments received "backfill" payments totaling $3.80 billion in FY 2002-03. `Backfill" payments totaling $2.65 billion were paid to local governments in FY 2003-04. However, approximately $1.2 billion was not received by local governments during the time period between the suspension of the VLF offsets and the implementation of higher fees and is still owed them by the State (the "VLF Gap Repayments"). The City of National City's share of the VLF Gap Repayment is $1,013,605.01 (the "VLF Receivable"). As part of the 2004 Budget Act negotiations, an agreement was made between the State and local government officials (the "State -local agreement") under which the VLF rate will be permanently reduced from 2% to 0.65%. The State -local agreement also provides for the repayment by August 15, 2006 of the approximately $1.2 billion VLF Gap Repayment. In order to protect local governments, the reduction in VLF revenue to cities and counties from this rate change will be replaced by an increase in the amount of property tax they receive. Under the State -local agreement, for FY 2004-05 and 2005-06 only, the replacement property taxes that cities and counties receive has been reduced by $700 million. Commencing in FY 2006-07, local governments will receive their full share of replacement property taxes and those replacement property taxes will now enjoy constitutional protection against transfers by the State due to the approval of Proposition 1 A at the November 2004 election. VLF Program: Authorized under SB 1096, the VLF Program was instituted by the California Statewide Communities Development Authority ("CSCDA") in 2004 to enable National City and other cities and counties to sell their respective VLF Receivables to CSCDA for an upfront fixed purchase price estimated to be about 93% of the VLF Gap Repayments. CSCDA is planning to issue notes ("VLF Notes") and to use the note proceeds to purchase the VLF Receivables and pay financing costs. The actual purchase price of the VLF Receivables will depend on the total amount of VLF Receivables that cities and counties sell to CSCDA and on bond market conditions at the time the VLF Notes are priced. If National City sells its VLF Receivable under the VLF Program, .CSCDA will pledge National City's VLF Receivable to secure the repayment of a corresponding portion of the VLF Notes. National City's sale of its VLF Receivable will be irrevocable. Bondholders will have no recourse to National City if the State does not make the VLF Gap Repayment. VLF Program Sponsor: CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. The member agencies of CSCDA include approximately 230 cities and 54 counties throughout California, including National City. Benefits of Participation in the VLF Program: The benefits to National City of participation in the VLF Program include: V LFStaffReport_Taxab IeB. doc Page 3 • Immediate cash relief — the sale of National City's VLF Receivable is estimated to provide National City with approximately 93% of its VLF Receivable in early 2005 which can be used to pay for immediate funding needs. • Level cash flow from the State over next two years — as explained above, in each of FY 2004-05 and 2005-06, cities and counties across the State will lose a total of $700 million annually in property tax payments to the Educational Revenue Augmentation Fund ("ERAF"), which benefits the State. Accordingly, National City is projected to lose approximately $723,378.55 in each such fiscal year. This loss in property tax revenue in FY 2004-05 and 2005-06 will be followed by an increase in revenues in FY 2006-07 due to the payment by the State of the VLF Gap Repayment and due to the cessation of ERAF payments in that year. If National City sells its VLF Receivable through the VLF Program, it can use the sale proceeds to offset the loss of revenues due to its property tax contributions over the next two years and eliminate the spike in revenues in the third year, thereby creating a more level cash flow in each of the next three fiscal years. • Mitigates impact of property tax in -lieu of VLF swap over next two years — beginning in FY 2004-05, the State will permanently eliminate the VLF backfill paid to National City and will replace it with an equal amount of property tax. While these actions are intended to cancel each other out, National City is now receiving these payments semi-annually as property taxes, rather than monthly as VLF backfill payments. This situation creates potential cash flow problems for National City which could be temporarily alleviated by selling National City's VLF Receivable. • Budgetary flexibility in FY 2004-05 and 2005-06 — the sale of National City's VLF Receivable would provide additional revenues in FY 2004-05 which can be applied to resolve budgetary challenges in FY 2004-05 and 2005-06. Estimated Proceeds of the Sale of National City's VLF Receivable: Upon delivery of the VLF Notes, CSCDA will make available to National City its fixed purchase price. This payment will equal National City's VLF Receivable amount less capitalized interest costs (to pay interest on the VLF Notes until maturity), credit enhancement fees and bond issuance costs. As discussed above, National City's VLF Receivable is $1,013,605.01. The purchase price to be paid by CSCDA to the City of National City is estimated to be $932,516.61, but cannot be determined with specificity until the total number of participants in the VLF Program is known and bond market conditions are taken into account at the time the VLF Notes are priced. Proposed VLF Receivables Sale Resolution: The proposed VLF Receivables Sale Resolution: VLFStaffReport_TaxableB.doc Page 4 (1) authorizes the sale of National City's VLF Receivable to CSCDA for a minimum sale price at least equal to $912,244.51 (see footnotes 2 and 3); (2) approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with CSCDA and related documents; (3) authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the VLF Receivable and instructing the disbursement of the VLF Receivable to the VLF Bond Trustee; (4) approves the use of the VLF Receivables proceeds for working capital and related operational needs; (5) appoints certain National City officers and officials as Authorized Officers for purposes of signing documents; and (6) authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Recommended Action: After City Council discussion and questions, if the City Council wishes to participate in the VLF Program, it should adopt the proposed VLF Receivables Sale Resolution which requires a simple majority vote. VLFStaffReport_TaxableB.doc Page 5 Vehic, cense Fee Receivable Financing Program City of National City - Department of Finance - February 2005 7-1-04 4-1-05 Aug. to Nov. 2006 As part of State budget for FY 04-05, State reduces Vehicle License Fee TO:.65% FROM 2% and in the process takes about $1.1M in VLF "backfill" payments from the City & "promises" to repay later. Debt becomes a "receivable." -Option B--, City invests to gain interest on the 90% net distribution, possibly adding approx. 4%. As alternative to waiting for State repayment,City sells receivable rights to the loan repayment to a JPA known as CSCDA. On 3-25-05, CSCDA sells interest in receivables on the open market. On 4-1-05, net procedes from sale are returned to cities @ approx. 90% of value. Option A On 8-15-06, State Controller due to repay cities 100% of principal from VLF reduction, but no interest. Do they? CSCDA now owns receivable or, rights to repayment by State Controller file: VLF.vsd 1-30-05 On 8-15-06, State Controller repays CSCDA instead of City. 001 On 11-15-06, CSCDA repays bondholders. On 11-15-06, CSCDA distributes interest earnings (approx..05%) from State's 8- 15-06, repayment & apportions interest back to city. 0 ORRICK January 24, 2005 Re: Califomia Statewide Communities Development Authority Vehicle License Fee (VLF) Receivable Financing Program To: Participating Local Agency ORRICK, HERRINGTON & SUTCLIFFE LLP THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO, CA 94105-2669 tel 415.773.5700 fax 415-773.5759 W W W.ORRICK.COM Enclosed are the final versions of the resolutions and documents that your local agency will need to approve and execute in order to participate in the Vehicle License Fee (VLF) Receivable Financing Program sponsored by the California Statewide Communities Development Authority (CSCDA). Enclosed are three (3) copies of the following documents: (A) Resolution approving participation in the VLF Receivable Financing Program (the "VLF Resolution"); and (B) Purchase and Sale Agreement (the "Sale Agreement"). In addition,attached to the Sale Agreement are the following documents: (C) (D) (E) (F) (G) (H) Opinion of Counsel to be delivered in connection with pricing (Exhibit B 1); Bringdown Opinion of Counsel to be delivered in connection with closing (Exhibit B2); Certificate of the City/Town Clerk or the Clerk of the Board of Supervisors, as applicable (Exhibit C1); Seller Certificate (Exhibit C2); Bill of Sale and Bringdown Certificate (Exhibit C3); Irrevocable Instructions to Controller (Exhibit D);and Escrow Instruction Letter (Exhibit F). Please note that these documents are in final form and may not be changed without the approval from Orrick, Herrington & Sutcle LLP, Transaction Counsel ("Orrick'). If you have questions or believe changes are required, please contact one of the Orrick team members listed at the end of this letter. 1. Instructions for Adoption of Resolutions Please take the following steps .with respect to the enclosed resolutions: (A) Adopt the VLF Resolution to participate in the VLF Receivable Financing Program. Agenda Language: The following language should be used for the agenda of the meeting at which the VLF Resolution will be adopted: "A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A Taxable/Member DOCSSFl :795566.2 0 ORRICK ORRICK, HERRINGTON & SUTCLIFFE LLP THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO, CA 94105-2669 tel 415-773-5700 fax 415-773-5759 WWW.ORRICK.COM PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE TOWN, CITY OR COUNTY'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH." Sample Staff Report: A sample Staff Report can be obtained from CSCDA's website at: httns://secure.cacommunities.com/cacomm/apps/v1f/. Adoption Deadline: The VLF Resolution must be adopted no later than February 18, 2005 in order to participate in the initial phase of the financing. Fill in blanks and sign: The Clerk should fill in the resolution number, the adoption date and the governing board information, and sign the three (3) copies of the VLF Resolution where indicated by the RED tabs. Your legal counsel should approve the form by signing each copy of the VLF Resolution where indicated by the GREEN tabs. 2. Instructions for Execution of Documents Please take the following steps with respect to the enclosed documents: (A) Sign the Sale Agreement. (B) Please arrange for an authorized officer to sign all three (3) copies of the Sale Agreement where indicated by the YELLOW "SIGN HERE" tabs. Once your local agency has adopted the VLF Resolution and has signed the Sale Agreement, your local agency's obligations under the Sale Agreement are binding and are irrevocable. Have legal counsel sign the legal opinion (Exhibit B 1 to Sale Agreement). Please arrange for legal counsel to sign all three (3) copies of the legal opinion attached as Exhibit B1 of the Sale Agreement where indicated by the GREEN tabs. Such legal counsel may be the Town Attorney, City Attorney or County Counsel, as appropriate. There is no requirement that the legal opinion be placed on the letterhead of such legal counsel. (C) Sign Clerk's Certificate (ExhibitC1 to Sale Agreement). Please arrange for the Town Clerk, City Clerk or Clerk of the Board of Supervisors, as appropriate, (1) to manually write on the signature page of the Certificate attached as Exhibit Cl to the Sale Agreement in the appropriate places the resolution number, the adoption date and the governing board information, and (2) to sign all three (3) copies of the Certificate where indicated by the RED tabs. Taxable/Member DOCSSF1:795566.2 0 ORRICK ORRICK, HERRINGTON & SUTCLIFFE up THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO, CA 94105-2669 tel 415-773-5700 fax 415.773.5759 W W W.ORRICK.COM (D) Sign Seller Certificate (Exhibit C2 to Sale Agreement). Please arrange for all three (3) copies of the Seller Certificate attached as Exhibit C2 to the Sale Agreement to be signed by (1) the authorized officers of your local agency where indicated by the YELLOW "SIGN HERE" tabs, and (2) the Town Clerk, City Clerk or Clerk of the Board of Supervisors, as appropriate, where indicated by the RED tabs. (E) Sign Irrevocable Instructions to Controller (Exhibit D to Sale Agreement). Please arrange for an authorized officer to sign all three (3) copies of the Irrevocable Instructions to Controller attached as Exhibit D to the Sale Agreement where indicated by the YELLOW "SIGN HERE" tabs. Please leave the document UNDATED — we will insert the date of the closing later and send the completed Irrevocable Instructions to Controller to the State Controller upon closing on behalf of your local agency. (F) Sign Escrow Instruction Letter (Exhibit F to the Sale Agreement). Please arrange for an authorized officer to sign all three (3) copies of the Escrow Instruction Letter attached as Exhibit E to the Sale Agreement where indicated by the YELLOW "SIGN HERE" tabs. (G) Do NOT Sign the Bringdown Opinion or the Bill of Sale at this time (Exhibits B2 and C3 to the Sale Agreement). Please do not Sign the Bringdown Opinion or Bill of Sale at this time (Exhibits B2 and C3 to the Sale Agreement). These two documents will be sent to you for execution after the pricing of the Notes but prior to the closing. (See paragraph 4 below.) 3. Return Executed Documents and Resolutions to Orrick As mentioned above, the VLF Resolution must be adopted no later than February 18, 2005 in order to participate in the VLF Receivable Financing Program. As soon as possible thereafter, and in any event no later than February 25, 2005, all three (3) originally executed copies of the documents and resolutions described above need to be returned to: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, California 94105 Attention: Michael Eng (415) 773-5454 (direct dial) (415) 773-5759 (fax) meng@orrick.com (CSCDA VLF Financing) A self-addressed, prepaid federal express envelope has been enclosed with this letter to facilitate your retum of these resolutions and documents. Taxable/Member DOCSSF1:795566.2 0 ORRICK 4. Conclusion of Transaction ORRICK, HERRINGTON 8 SUTCLIFFE LLP THE ORRICK BUILDING 405 HOWARD STREET SAN FRANCISCO,.CA 94105-2669 tel 415-773.5700 fax 415-773-5759 W W W.ORRICK.COM After Orrick receives the executed documents described above, CSCDA and its investment bankers will price the Notes on or about March 2, 2005. At that time, CSCDA will know the exact Purchase Price that your local agency will be paid for its VLF receivable (the "Final Purchase Price"). As described in the Sale Agreement, the Final Purchase Price will be at least equal to the Minimum Purchase Price indicated in the VLF Resolution and the Sale Agreement. If the Authority cannot achieve the Minimum Purchase Price, your local agency's VLF Receivable will not be purchased and you will be notified that you have been removed from the financing program. Please review carefully the Minimum Purchase Price indicated in the VLF Resolution and the Sale Agreement to ensure that it accurately reflects the minimum amount for which your local agency will sell its VLF Receivable. Once pricing occurs, Orrick will send to you an additional package which will contain (1) a notification of the Final Purchase Price (or that your local agency has been removed from the program as described above), and (2) the two additional documents that your local agency will need to sign and return before the closing of the financing, which. are (a) the Bill of Sale and Bringdown Certificate (Exhibit B2 to the Sale Agreement), and (b) the Seller's Bringdown Certificate and Receipt (Exhibit C3 to the Sale Agreement). Your local agency does not need to sign and return these two documents at this time as these documents will be finalized and sent to you after the pricing of the Notes. 5. Contacts for Further Information If you have any questions regarding this letter, the instructions contained herein, or the documents enclosed herewith, please call Michael Eng at (415) 773-5454, Patricia Wyler at (415) 773-5912, David Stevens at (415) 773-5503, Daniel Deaton at (213) 612-2321, Justin Cooper at (415) 773-5908, or John Knox at (415) 773-5626. Very Truly Yours, John H. Knox Taxable/Member DOCSSFI :795566 RESOLUTION NO. CITY COUNCIL OF THE CITY OF NATIONAL CITY A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, certain public agencies within the State of California (the "State") are entitled to receive certain payments payable by the State to each such local agency on or before August 15, 2006, in connection with vehicle license fees pursuant to Section 10754.11 of the California Revenue and Taxation Code ("VLF Gap Repayments"); WHEREAS, the City of National City (the "Seller") is entitled to and has determined to sell all right, title and interest of the Seller in and to the "VLF Receivable", as defined in Section 6585(i) of the California Government Code (the "VLF Receivable"), namely, the right to payment of moneys due or to become due to the Seller out of funds payable in connection with vehicle license fees to a local agency pursuant to Section 10754.11 of the California Revenue and Taxation Code; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Authority"), has been authorized pursuant to Section 6588(w) of the California Government Code to purchase the VLF Receivable; WHEREAS, the Authority desires to purchase the VLF Receivable and the Seller desires to sell the. VLF Receivable pursuant to a purchase and sale agreement by and between the Seller and the Authority in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the VLF Receivable from the Seller and the purchase price of other VLF Receivables from other local agencies, the Authority will issue its taxable and tax-exempt notes (the "Notes") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Authority and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Notes will be payable solely from the proceeds of the VLF Receivable and such other VLF Receivables; WHEREAS, the Seller acknowledges that the Authority will grant a security interest in the VLF Receivable to the Trustee and any credit enhancer to secure payment of the Notes; and WHEREAS, a portion of the proceeds of the Notes will be used by the Authority to, among other things, pay the purchase price of the VLF Receivable; Taxable DOCSSF1:795390.1 WHEREAS, the Seller will use the proceeds received from the sale of the VLF Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of National City hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so fords and determines. Section 2. The Seller hereby authorizes the sale of the VLF Receivable to the Authority for a price no less than the Minimum Purchase Price set forth in Appendix A. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in substantially the form presented to this meeting, with such changes therein, deletions therefrom and additions thereto, as such Authorized Officer shall approve, which approval shall be conclusively evidenced by the execution and delivery of the Sale Agreement. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller notifying the State of the sale of the VLF Receivable and instructing the disbursement pursuant to Section 6588.5(c) of California Government Code of the VLF Receivable to the Trustee, on behalf of the Authority. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to. do any and all things and to execute and deliver any and all documents, including but not limited to one or more tax certificates, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Notes, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the VLF Receivable or the issuance of the Notes, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the VLF Receivable to the Authority pursuant to the Sale. Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Taxable DOCSSF1:795390.1 approval. of California AYES: NOES: ABSENT: Attest: Section 7. This Resolution PASSED AND ADOPTED , this day of City Clerk Approved as to form : SELLER'S COUNSEL By Dated: shall take effect from and after its adoption and by the City Council of the City of National City, State , 2005, by the following vote: Mayor Taxable DOCSSF1:795390.1 APPENDIX A CITY OF NATIONAL CITY Minimum Purchase An amount equal to or greater than $912,244.50 (the "Minimum Price: Purchase Price"). Authorized Officers: Mayor Vice Mayor City Manager any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. Taxable DOCSSF1:795390.1 CITY OF NATIONAL CITY, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated March 2, 2005 Taxable DOCSSF1:795397,1 TABLE OF CONTENTS Page 1. DEFINITIONS AND INTERPRETATION 1 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT 2 3. CONVEYANCE OF VLF RECEIVABLE AND PAYMENT OF FINAL PURCHASE PRICE 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER 3 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER 3 6. COVENANTS OF THE SELLER 5 7. NOTICES OF BREACH 7 8. LIABILITY OF SELLER; INDEMNIFICATION 7 9. LIMITATION ON LIABILITY 7 10. THE SELLER'S ACKNOWLEDGMENT 7 11. NOTICES 8 12. AMENDMENTS 8 13. SUCCESSORS AND ASSIGNS 8 14. THIRD PARTY RIGHTS 8 15. PARTIAL INVALIDITY 8 16. COUNTERPARTS 8 17. ENTIRE AGREEMENT 9 18. GOVERNING LAW 10 EXHIBIT A — DEFINITIONS A-1 EXHIBIT B1 — OPINION OF SELLER'S COUNSEL B1-1 EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL B2-1 EXHIBIT Cl — CLERK'S CERTIFICATE C1-1 EXHIBIT C2 — SELLER CERTIFICATE C2-1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE C3-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER D-1 EXHIBIT E — RESERVED E-1 EXHIBIT F — ESCROW INSTRUCTION LETTER F-1 Taxable DOCSSF1:795397.1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated March 2, 2005 (this "Agreement"), is entered into by and between: (1) CITY OF NATIONAL CITY, a municipal corporation of the State of California (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. The Seller is the owner of the VLF Receivable (as defined below). B. The Seller is willing to sell, and the Purchaser is willing to purchase, the VLF Receivable upon the terms specified in this Agreement. C. The Purchaser will issue its taxable and tax-exempt notes (the "Notes") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the VLF Receivable from the Seller. D. The Purchaser will grant a security interest in such VLF Receivable to the Trustee and each Credit Enhancer to secure the Notes. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the Taxable DOCSSF I :795397.1 case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for cash paid by the Purchaser in an amount equal to the amount determined pursuant to Section 3(a) (the "Final Purchase Price"), which shall be not less than $$912,244.50 (the "Minimum Purchase Price"), all future right, title and interest of the Seller in and to the "VLF Receivable" as defined in Section 6585(i) of the California Government Code (the "VLF Receivable"), namely, the right to payment of moneys due or to become due to the Seller out of funds payable in connection with vehicle license fees to a local agency pursuant to Section 10754.11 of the California Revenue and Taxation Code. The Purchaser shall pay the Final Purchase Price by transferring such Final Purchase Price directly to the Seller. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Notes are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit Cl and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit F; (ii) Transaction Counsel receiving on or before the Closing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive in its sole discretion the requirements of Section 2(b)(ii)(1); and (iii) the Purchaser issuing notes in an amount which will be sufficient to pay the Final Purchase Price. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's payment of the Final Purchase Price as set forth in this Agreement and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Taxable DOCSSF l :795397.1 (d) The Final Purchase Price shall be an amount that satisfies the conditions of Section 2 of the Resolution referred to in Section 2(b)(i)(5) above. 3. Conveyance of VLF Receivable and Payment of Final Purchase Price. (a) Upon pricing of the Notes by the Purchaser, the Purchaser will inform the Seller of the Final Purchase Price, which shall be an amount at least equal to the Minimum Purchase Price, and which shall be determined by the Purchaser based on the final interest rates,. costs of credit enhancement and issuance and terms of the Notes. Upon pricing of the Notes, the Purchaser shall deliver a certificate to the Seller indicating the Final Purchase Price to be paid to the Seller on the Closing Date: (b) In consideration of the payment and delivery by the Purchaser to the Seller of the Final Purchase Price, the Seller agrees to (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the VLF Receivable, and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the VLF Receivable pursuant to the Act and other applicable law. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller that, as of the date hereof, (a) it is duly organized, validly existing and in good standing under the laws of the State of California, (b) it has full power and authority to enter into this Agreement and to perform its obligations hereunder, (c) neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party, and (d) this Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and .other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. 5. Representations. and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a municipal corporation validly existing under the laws and constitution of the State of California, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the VLF Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. Taxable DOCSSF1:795397.1 (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the VLF Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consununate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, s.uit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the VLF Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which the Seller is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the VLF Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the VLF Receivable, nor to the knowledge of the Seller is there any basis therefor. Taxable DOCSSF1 :795397.1 (g) Prior to the sale of the. VLF Receivable to the Purchaser, the Seller was the sole owner of the VLF Receivable, and has such right, title and interest as provided in the Act. From and after the conveyance of the VLF Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no interest in the VLF Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the VLF Receivable, nor has the Seller created, or to the knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the VLF Receivable to the Purchaser, the Seller held title to the VLF Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid sale to the Buyer of the Seller's right, title and interest in and to the VLF Receivable. (h) The Seller acts solely through its authorized officers or agents: (i) The Seller maintains records and books of account separate from those of the (j) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 1243 National City Blvd., National City, CA 91950-4397. (I) The Seller has received reasonably equivalent value for the VLF Receivable. (m)The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser to satisfy the claims of such creditor. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms -length basis from Persons who are not affiliates. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affect the interests of the Purchaser in the VLF Receivable and in the proceeds thereof. The Purchaser. Taxable DOCSSF 1:795397.1 Seller shall not take any action or omit to take any action that shall adversely affect the ability of the Purchaser, and any assignee of the Purchaser, to receive payments made under the Act. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignee, amend, modify, terminate, waive or surrender, or .agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act, in each case if the effect thereof would be materially adverse to the Purchaser or to the Noteholders or any Credit Enhancer asassignees of the Purchaser. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in. an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the VLF Receivable, provided that such acts shall not impose any additional cost on the Seller that is not. reimbursed. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.5(c) of California Government Code to cause the Controller to disburse all payments of the VLF Receivable to the Trustee, together withnotice of the sale of the VLF Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. The Seller hereby relinquishes and waives any control over the VLF Receivable, any authority to collect the VLF Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. The Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the VLF Receivable. In the event that the Seller receives any proceeds of the VLF Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser , and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser. (g) The Seller shall treat the sale of the VLF Receivable as a sale for regulatory and accounting purposes. Taxable DOCSSFI :795397.1 (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the VLF Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in 'a manner that materially and adversely affects the value of the VLF Receivable, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the Noteholders, or any Credit Enhancer for any loss, cost or expense resulting solely from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 8. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Notes issued by the Purchaser. 9. Limitation on Liability (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 10. The Seller's Acknotivledannent. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the VLF Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the Noteholders, and Taxable DOCSSFI :795397.1 each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled soto rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the VLF Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other transaction documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 11: Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 12. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the Noteholders, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall famish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 13. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 14. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the partieshereto, the Trustee and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 15. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor .the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 16. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. Taxable DOCSSFI :795397.1 17. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. Taxable DOCSSF1:795397.1 18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Purchase and Sale Agreement to be duly executed as of the date first written above. CITY OF NATIONAL CITY, as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: Member Taxable DOCSSF1:795397.1 :1 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Section 10754.11 of the California Revenue and Taxation Code. "Bill of Sale" has the meaning give to that term in Section 2(b)(ii) hereof. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Notes. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or the purchase price of the Notes. "Closing Date" means the date the Notes are issued. "Controller" means the Controller of the State. "Final Purchase Price" has the meaning ascribed thereto in Section 2. "Minimum Purchase Price" has the meaning ascribed thereto in Section 2. "Noteholder" means, with respect to any Note, the person in whose name such Note is registered. "Oustanding" has the meaning given to that term in the Indenture. "Pricing Date" means the date the Notes are sold. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Notes at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Outstanding Notes. "Resolution" means the resolution adopted by the City Council approving the sale of the VLF Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. Taxable DOCSSFI :795397.1 A-1 and the Notes. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, Taxable DOCSSF1:795397.1 EXHIBIT B1 OPINION OF COUNSEL to CITY OF NATIONAL CITY March 2, 2005 California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of VLF Receivable Ladies & Gentlemen: This Office acted as counsel for the City of National City (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "VLF Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated March 2, 2005 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's VLF Receivable to the Controller of the State of California (the "Disbursement Instructions" and collectively with the Sale Agreement, the "Transaction Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. I have examined and am familiar with those documents relating to the existence, organization, and operation of the Seller, the Resolution, the Transaction Documents and such certified proceedings, certifications of officers of the Seller and others, and such other agreements, instruments and documents, and have satisfied myself as to such other matters, as I deem necessary in order to render the following opinions. Based upon the foregoing, I am of the opinion that: 1. The Seller is a municipal corporation of the State of California, duly organized and validly existing pursuant to laws and the Constitution of the State of California. 2. The Seller has full power and authority to adopt the Resolution and to execute and deliver the Transaction Documents. Taxable DOCSSF1:795397.1 1 -Fv 3. The Seller has duly authorized and executed the Transaction Documents and, assuming delivery, each Transaction Document will be legal, valid, and binding against the Seller, and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. 4. The Resolution was duly adopted at a meeting of the Governing Body which was called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted. 5. The Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. 6. To the best of my knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its Goveming Body members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the VLF Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of the Resolution, the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents or any other •applicable agreement, or any action on the part of the Seller contemplated by any of said documents, or in any way seeking to enjoin or restrain the Seller from selling the VLF Receivable or which if determined adversely to the Seller would have a material and adverse effect upon the Seller's ability to sell the VLF Receivable, nor to my knowledge is there any basis therefor. 7. Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the foregoing agreements, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of my knowledge, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents, and compliance with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. 8. Prior to the sale of the VLF Receivable to the Purchaser, the Seller was the sole owner of the VLF Receivable, and has such right, title and interest as provided in the Act. From and after the conveyance of the VLF Receivable by the Seller to Purchaser on the Closing Taxable DOCSSFI :795397.1 B 1-2 3 G Date, the Seller shall have no interest in the VLF Receivable. Except as provided in the Sale Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's VLF Receivable, nor has the Seller created, or to my knowledge permitted the creation of, any Lien thereon. Prior to the sale of the VLF Receivable to the Purchaser, the Seller held title to the VLF Receivable free and clear of any Liens. 9. To the best of my knowledge, all approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the sale by the Seller of the VLF Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents and any other applicable agreements, have been obtained and are in full force and effect. 10. The Disbursement Instructions are irrevocable by the Seller, and comply with the requirements of Section 6588.5(c) of the California Government Code. Each Credit Enhancer, the underwriters of the Notes and Transaction Counsel may rely upon this legal opinion as if it were addressed to them. Very truly yours, By: Seller's Counsel Taxable DOCSSFI :795397.1 B1-3 EXHIBIT B2 OPINION OF COUNSEL to CITY OF NATIONAL CITY [Closing Date] California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of VLF Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated March 2, 2005 (the "Sale Agreement") between the City of National City (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date (as defined in the Sale Agreement) as counsel for the Seller in connection with the sale of the Seller's VLF Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer, the underwriters of the Notes and Transaction Counsel may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, By: Seller's Counsel Taxable DOCSSFI :795397.1 B2-1 EXHIBIT CI CLERK'S CERTIFICATE CERTIFICATE OF THE CITY CLERK OF CITY OF NATIONAL CITY, CALIFORNIA Dated: March 2, 2005 The undersigned City Clerk of the City of National City, California, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said Seller duly and regularly and legally held at the regular meeting place thereof on the day of 2005, of which meeting all of the members of said City Council had due notice and at which all members thereof were present, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of National City, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. WITNESS my hand as of the day and year first above written. By: City Clerk of the City of National City, California Taxable DOCSSF I :7953 97.1 C 1-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: March 2, 2005 We, the undersigned officers of the City of National City (the "Seller"), State of California, holding, the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated March 2, 2005 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser") 2. Irrevocable Instructions For Disbursement of Seller's VLF Receivable to the Controller of the State of California dated the Closing Date Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the time of signing the Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties contained in the Transaction Documents are true and • correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's VLF Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. 4. To the best knowledge of the undersigned, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened, in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Seller's VLF Receivable or to direct the application thereof of the Taxable DOCSSFI :795397.1 31/ proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of the Resolution, the Transaction Documents, the indenture, the Notes, or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents, or which if determined adversely to the Sellet would have a material and adverse effect upon the Seller's ability to sell the Seller's VLF Receivable, nor to our knowledge is there any basis therefor. 5. Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of our knowledge,no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. 6. Prior to the sale of the VLF Receivable to the Purchaser, the Seller was the sole owner of the VLF Receivable, and has such right, title and interest as provided in the Act. From and after the conveyance of the VLF Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no interest in the VLF Receivable. Except as provided in the Sale Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's VLF Receivable, nor has the Seller created, or to our knowledge permitted the creation of, any Lien thereon. Prior to the sale of the VLF Receivable to the Purchaser, the Seller held title to the VLF Receivable free and clear of any Liens. 7. All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to or the absence of which would materially adversely affect, the sale by the Seller of the Seller's VLF Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents and any other applicable agreements, have been obtained and are in full force and effect. Taxable DOCSSF1:795397.1 C2-2 7 Dated as of the date first above written. Name, Official Title Signature Nicholas Inzunza, Mayor Ron Morrison, Vice Mayor Chris Zapata, City Manager genuine. Taxable DOCSSF1:795397.1 • I HEREBY CERTIFY that the signatures of the officers named above are Dated as of the date first above written. By: C2-3 City Clerk of the City of National City, California E IBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL ICATE BILL OF SALE AND BRINGDOWN CERTIFICATE In consideration of the payment and delivery by the California Statewide Communities Development Authority (the "Purchaser") to the undersigned (the "Seller") of $[Final Purchase Price] (the "Final Purchase Price"), and pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated March 2, 2005, between the Seller and the Purchaser, the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the VLF Receivable as defined in the Sale Agreement (the "VLF Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the VLF Receivable pursuant to the Act (as defined in the Sale Agreement) and other applicable law: The Seller hereby acknowledges receipt of the Final Purchase Price. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated March 2,. 2005, the Seller Certificate dated March 2, 2005, and in the Transaction Documents (as such terms are defined in the Sale Agreement) are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Dated: [Closing Date] CITY OF NATIONAL CITY By: Taxable DOCSSF1:795397.I C3-1 Authorized Officer EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF VLF RECEIVABLE OF CITY OF NATIONAL CITY Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 , 2005 Re: Notice of Sale of VLF Receivable by the City of National City and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.5(c) of the California Government Code, City of National City (the "Seller") hereby notifies you of the sale by the Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "VLF Receivable" as defined in Section 6585(i) of the California Government Code (the "VLF Receivable"), namely, the right to payment of moneys due or to become due to the Seller out of funds payable in connection with vehicle license fees to a local agency pursuant to Section 10754.11 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the VLF Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated March 2, 2005 and a Bill of Sale, dated [Closing Date). The VLF Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated March 2, 2005 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the VLF Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the VLF Receivable by the Seller is irrevocable and that (i) the Seller has no power to revoke or amend these instructions at any time, (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged, and Oil) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Taxable DOCSSFI:795397.1 D-1 Bank Name: Bank ABA Routing #: Bank Account #: Bank Account Name: Further Credit To: Bank Address: Bank Telephone #: Bank Contact Person: Wells Fargo N.A. 121000248 0001038377 Corporate Trust Clearing CSCDA VLF #16914200 Wells Fargo Bank 707 Wilshire Blvd., 17 Floor Los Angeles, CA 90017 (213) 614-3353 Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Taxable DOCSSF] :795397.1 Very truly yours, CITY OF NATIONAL CITY By; D-2 Authorized Officer Taxable DOCSSF1 :795397.1 E-1 EXHIBIT E RESERVED IyO EXHIBIT F ESCROW INSTRUCTION LETTER PARTICIPATION AGREEMENT AND ESCROW INSTRUCTION LETTER March 2, 2005 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: VLF Receivable Financing Dear Sir or Madam: The City of National City (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority VLF Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its VLF Receivable, the Seller's City Council has agreed to sell to the California Statewide Communities Development Authority, for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the VLF Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: 1. certified copy of the Resolution, together with a certificate of the City Clerk, dated March 2, 2005; 2. the Seller Certificate, dated March 2, 2005; 3. the Opinion of Seller's Counsel, dated March 2, 2005; 4. the Purchase and Sale Agreement, dated March 2, 2005; and 5. the Irrevocable Instructions to the Controller, undated. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered only upon payment to the Seller on or before April 29, 2005, of the Final Purchase Price (as defined in the Purchase and Sale Agreement) that meets the conditions of the Resolution. Upon such payment, Transaction Counsel is hereby authorized to fill in the closing date on the Irrevocable Instructions to the Controller. Taxable DOCSSFI :795397.1 F-1 If the Final Purchase Price meeting the conditions of the Resolution is not paid to the Seller on or before April 29, 2005, this agreement shall terminate and Transaction Counsel shall return all of the enclosed documents to the Seller. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Taxable DOCSSF1:795397.1 Very truly yours, CITY OF NATIONAL CITY By: F-2 Authorized Officer City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 15, 2005 SECOND READING AGENDA ITEM NO. 20 1 IT�E Ordinance Rezoning Certain Parcels of Real Property Pursuant to the Land Use Code trom CiP-YZ T.EI—'r -PZ (RT) for a 4.2 Acre Property on the East Side of Cypress Street, and Adoption of an Amendment to Title 18 (Zoning) of the Municipal Code Regarding the Number of Units Permitted on a Lot in the RT Zone and Separation of Buildings on a Lot in the RS-3, RT, and RM-1 Zones. Applicant: Cypress Glen LLC. Case File Nos. GP-2004-2/A-2004-3. .r{ PREPARED BY Roger Post 336-4310 DEPARTMENT Planning EXT. EXPLANATION A public hearing on this item is scheduled for earlier in the meeting. If approved, the attached Ordinance will need to be introduced A related Resolution pertaining to the General Plan Amendment will also be on this same agenda. Environmental Review X N/A Negative Declaration MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ordinance A-200 (Rev. 7/03) ORDINANCE NO. 2005 — ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REZONING CERTAIN PARCELS OF REAL PROPERTY PURSUANT TO THE LAND USE CODE FROM GP-PZ (RS-2) TO GP-PZ (RT) FOR A 4.2 ACRE PROPERTY ON THE EAST SIDE OF CYPRESS STREET, AND ADOPTION OF AN AMENDMENT TO TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING THE NUMBER OF UNITS PERMITTED ON A LOT IN THE RT ZONE AND SEPARATION OF BUILDINGS ON A LOT IN THE RS-3, RT, AND RM-1 ZONES APPLICANT: CYPRESS GLEN LLC CASE FILE NOS. GP-2004-2/A-2004-3 WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the rezoning of the parcels of real property, hereinafter described, and for the amendment of the General Plan of the City of National City; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such rezoning and such amendment; and WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Negative Declaration which addresses both said General Plan amendment and Municipal Code amendment and includes potential changes to community character, continued and uninterrupted law enforcement and fire protection services, adequate provision of utilities (water, sewer, power, communications) and the ability of Cypress Street and other nearby roads to absorb the traffic generated by the project, and as requested by LAFCO, the Negative Declaration not only covers the proposed Zone Change, amendments, and development, but also future annexation that LAFCO will consider, and NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said rezoning and said amendment to the General Plan, and Municipal Code, and each of them be and hereby are denied and overruled. Section 2. That all the real property described below is hereby rezoned as follows: From GP-PZ (RS-2) to GP-PZ (RT) for a 4.2 acre property on the east side of Cypress Street, as described by case file exhibit (GP-2004-2, A-2004-3/S-2004-13/IS- 2004-10) on file in the office of the City Clerk as Exhibit "A"; and Section 3. That Section 18.14.092 of Title 18 of the Municipal Code be amended to readas follows for the RT Zone: RT 2, except that for detached single-family condominium units a greater number is allowed, as specified by an approved subdivision. Section 4. That Section 18.14.310 of Title 18 of the Municipal Code be amended to read as follows: 18.14.310.1 Spacing of buildings. A. If two or more dwellings are placed on the same lot in the RT, RM or RS-3 zones, they shall be at least 10 feet apart if placed side by side, and at least fifteen feet apart if located in any other manner; except, however, a lesser standard may be permissibly by an approved subdivision. Section 5. That a Notice of Determination shall be filed indicating that the rezoning will not have a significant effect on the environment. PASSED and ADOPTED this day of , 2005. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 2005 Ordinance 2 Nick Inzunza, Mayor Rezoning Certain Parcels of Real Property PROJECT LOCATION ZONE BOUNDARIES — — — . CITY BOUNDARY imam= 1 DRN. DATE!. LOCATION MAP 1/4/05 GP-2004-2/ZC-2004-11 INITIAL 39 unit subdivision of single-family detached houses A-2004-3/IS-2004-10 HEARING: NATIONAL CITY PLANNING 1/10/05 EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE February 15, 2 00 5 SECOND READING AGENDA ITEM NO. 21 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 2004-2254, PERTAINING TO A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES, BY ADDING SECTION 6 THERETO TO ESTABLISH AN EXCEPTION TO SAID MORATORIUM PREPARED BY George H. Eiser, III DEPARTMENT City Attorney EXPLANATION Please see attached memorandum. EXT. 4221 2 ( 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 N/A L ATTACHMENTS ( Listed Below) Resolution No. Proposed ordinance Letter of January 4, 2005, from Attorney Louis Wolfscheimer 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: DATE: January 20, 2005 FROM: City Attorney SUBJECT: Amendment to Ordinance Establishing a Moratorium on Check Cashing and Payday Advance Businesses Mayor and City Council At the December 2, 2003 City Council meeting, the Council enacted Ordinance No. 2003-2332, 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. On November 19, 2004, the Council held a public hearing and adopted Ordinance No. 2004-2254, extending the moratorium for an additional year. At the January 18, 2005 City Council meeting, the Council considered the request of attorney Louis Wolfsheimer, representing the owner of the property at the northwest corner of Plaza Boulevard and Highland Avenue, to amend the ordinance to allow for an exception to its provisions. (See attached letter dated January 4, 2005). The proposed exception would apply to any check cashing or payday advance business which relocates from one site to another site within the City, resulting in no net increase in the number of businesses within the City, provided that the following conditions are met: (a) The site from which the business is being .relocated is leased by the owner of the business, and the site to which the business is being relocated is owned by the owner of the business; and (b) The distance between the site from which the business is being relocated is 100 feet or less from the site to which the business is being relocated; and (c) The business which is being relocated is owned by the same owner. This request was approved by the City Council, and the proposed ordinance would establish the requested exception to the moratorium. During the discussion of the request, it was noted that in Section 2 of the moratorium ordinance, City staff and the Planning Commission is directed to undertake studies and make recommendations for the adoption of regulations governing check cashing and payday advance businesses. Councilwoman Zarate requested that in complying with this direction, staff and the Planning Commission pay particular attention to potential regulations of signage for the businesses, as well as the possibility of regulating fees and interest rates for the payday advance portion of such businesses. GHE/gmo GEORGE FT. EISER, III City Attorney ® Recycled Paper WRITTEN COMMUNICATIONS LAW OFFICES M1LCH WOLFSHEIMER. A PARTNERSHIP CONTAINING PROFESSIONAL CORPORATIONS JAMES S. MILCH, A P.C. LOUIS M. WOLFSHEIMER, A P.C. OF COUNSEL TO PROCOPIO. CORY, HARGREAVES 6 SAVITCH LLP January 4, 2005 The Honorable Louie Natividad Council Member, City of National City 1243 National City Blvd. National City, CA 91950 Dear Council Member Natividad, ITEM #17 1/18/05 530 B STREET SUITE 1850 SAN DIEGO, CALIFORNIA 92101-4469 TELEPHONE (619) 231-9933 FAX (619( 231-8179 On November 16, 2004 the City Council voted to extend the Emergency Ordinance originally adopted in December of 2003 which barred new check cashing businesses from opening in National City. Prior to the vote Mayor Inzunza noted that there had been discussion concerning an instance where a check cashing store desired to move and transfer it's business license from a rental site to a location across the street which was owned and being redeveloped by the store operator. It was suggested that consideration of allowing the transfer of the license in this exceptional circumstance, where there would be no net increase in sites, could be addressed by the council at a future meeting. We represent the store operator who has already received a conditional use permit to redevelop a significant site on the northwest corner of Plaza and Highland, which is a 43,600 sq. ft. parcel with the intention of redeveloping of a 13,000 sq. ft. building. This same operator/developer has an existing lease for a check cashing store in a 2300 sq.ft. location known as the "Shapiro site" directly across the street from this redevelopment site. Our client wishes to discontinue his lease in the "Shapiro site" and transfer his license to an 1800 sq.ft. portion of his 13,000 sq.ft. redeveloped building for his existing checking cashing business. The plans for the redevelopment of this parcel were originally filed with the city on December 8, 2003. At that time the city was made fully aware of the intention to use a small portion redeveloped building area as a transfer location for the check cashing business across the street. The project had been discussed with both the mayor and Ben Martinez of Community Development for an extensive period prior to filing in December of 2003, It is significant to recall that Mr, Martinez was very positive about plans for leaving the "Shapiro site" for the new location since this would help in the possible redevelopment of the "Shapiro site". In April of 2004 a conditio,:iii use permit for this redeveloped shopping center at the northwest corner of Plaza Blvd. and Highland Avenue wasapproved by the City Council. Because of the mot atorium, .heck cashing and payday advance businesses were prohibited at that time frc.-!; operating on the premises. This restriction, of course, can be modified by the City Council. We suggest that the strict interpretation of the Moratorium would place an unfair burden on our client since it had already formed its redevelopment plan many months prior to any final council action on the moratorium, and staff knowing that our client was proposing to move his business from across the street, was extremely positive about this major redevelopment on this important intersection. Based upon staffs enthusiastic support, our client moved rapidly forward, expending substantial funds to complete the necessary engineering and design studies. We would ask that the present Moratorium Ordinance be amended to alleviate this inequity to our client and it can be done without doing harm to the goals of the moratorium. There would be no net increase in licenses, but merely a transfer from a leased site to one owned by the licensee. Besides allowing a transfer from a rental site to an owned site, further qualifying conditions might include: 1. The setting of a maximurn distance between an existing leased site that is closing to. a new site, owned by the same owner. We would suggest a distance of between 100 and 150 feet. Thus, the transfer.of a business license by the same business owner could only occur if the distance between the existing site and the new site is less than 100 to 150 feet and is the new site owned by the licensee. 2. A second qualification might relate to the new/transferred site. We would suggest that establishment of the interim moratorium (Jan exempt from the prohibition provisions. date that the plans were originally submitted for any if plans were submitted prior to the formal . 6, 2004) that the new site location should be We believe that only our client, USA Checks Cashed, was caught up in the emergency ordinance and only our client will be affected by your remedial action, which will not change the number of licenses existing in National City. We would appreciate the courtesy of a brief meeting with you to review with you the plans for this redevelopment and we will call you in the first week of the new year for such an appointment. Sincerely, Milch & Wolfs Louis Wolfsheimer • PROJECT LOCATION Current location "Shapiro site" Eljsw.°-- DRN. DATE: t®CITION MAP y,��AINMAt_ r- Lerner at 81Q to 9?f ahl "b�+:3ue CUP-2QQ3-29/Z 2003-1: HFAR11It�; NATIONAL CITY PLANN/NG �� ORDINANCE NO. 2005 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING ORDINANCE NO. 2004-2254, PERTAINING TO A MORATORIUM ON THE ESTABLISHMENT OF CHECK CASHING BUSINESSES AND PAYDAY ADVANCE BUSINESSES, BY ADDING SECTION 6 THERETO TO ESTABLISH AN EXCEPTION TO SAID MORATORIUM BE IT ORDAINED by the City Council of the City of National City that Ordinance No. 2004-2254 is hereby amended by adding Section 6 thereto, to read as follows; Section 6. This Ordinance shall not apply to any check cashing business or payday advance business lawfully operating prior to December 2, 2003, which relocates from one site within the City to another site within the City, resulting in no net increase in the number of such businesses operating in the City, provided that all of the following conditions are met: (a) The site from which the business is being relocated is leased by the owner of the business, and the site to which the business is being relocated is owned by the owner of the business; and (b) The distance between the site from which the business is being relocated is 100 feet or less from the site to which the business is being relocated; and (c) The business which is being relocated is owned by the same owner. PASSED and ADOPTED this ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney day of , 2005. Nick Inzunza, Mayor City of National City COUNCIL AGENDA STATEMENT MEETING DATE: February 15, 2005 AGENDA ITEM NO. 22 f ITEM TITLE: STATUS REPORT: SCHEDULE FOR PROCESSING OF THE COMMUNITY DEVELOPMENT GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAM APPLICATIONS AND N W FIVE-YEAR CONSOLIDATED PLAN PREPARED BY: Benjamin Martine , DEPARTMENT Community Development Commission Executive Director The Community Development Commission staff is currently processing and evaluating the applications for the upcoming Fiscal Year 2005-06 CDBG and HOME allocations. Staff has prepared the attached binder for City Council's use. At this time, staff is requesting that the City Council schedule a Special Meeting and Public Hearing on March 1, 2005 at 3:00 p.m. prior to the regular City Council meeting to allow the applicants to make their presentations. Staff is requesting this Special Meeting due to the fact that the length of the total presentations is nouually 2 to 3 hours. At the regular meeting of March 15, 2005 the City Council will have the opportunity to discuss the CDBG and HOME Allocations. It is currently anticipated that the Public Hearing for the adoption of the CDBG AND HOME allocations will be conducted at the regular City Council meeting on May 3, 2005. It should be noted that the five-year Consolidated Plan and the Annual Action Plan will also be presented for adoption on May 3, 2005. Staff will also be conducting a series of community meetings of the Housing and Community Development Committee to conduct the public participation. These meetings are scheduled for February 9th, March 9th, and April 13, 2005. The City's adopted CDBG and HOME allocations, five-year Consolidated Plan, and Annual Action Plan will be submitted to HUD no later than May 13, 2005. Environmental Review X N/A Financial Statement National City's entitlement for FY 2005-06: CDBG- $1,259,999 HOME- $633,088 STAFF RECOMMENDATION Accept and file report. BOARD/COMMISSION RECOMMENDATION Not applicable to this report. 'TACHMENTS (Listed Below) Resolution No. Binder containing the CDBG & HOME applications. `EETING DATE City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 AGENDA ITEM NO. 23 ITEM TITLE Rosie PREPARED BY EXPLANATION TEMPORARY USE PERMIT —SYNERGY RESEARCH CENTER -Annual Company Picnic at 1908 Sweetwater Rd., Saturday, February 19, 2005 utierrez 336-4210 Building and Safety DEPARTMENT This is a request from the Synergy Research Center to conduct a company party at 1908 Sweetwater Rd. on February 19, 2005. The hours of the event are from 6:00 p.m. until 12:00 a.m. The event will consist of food, beverages and live music. Alcohol will be served. Medical staff will assist in providing First Aid. Environmental Review XN/A Financial Statement Approved By: FtnThe City has incurred $345.00 in costs in processing the T.U.P. through various City ante Director Departments. Account No. STAFF RECOMMENDATION Crij Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval. A-200 (9:99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Synergy Research Center -Annual Company Party EVENT: Company Picnic DATE OF EVENT: February 19, 2005 TIME: 6:00 p.m. until 12:00 a.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ 1 SEE CONDITIONS [ ] Conditions of Approval: FIRE (336-4550) 1. Canopies/tents mentioned in the TUP application will require a permit from the fire dept. The canopies/tents shall have been treated with a flame retardant and a CA State Fire Marshal's tag affixed. 2. There will be a minimum of four recently serviced fire extinguishers mounted around the area for immediate use. 3. There shall be no cooking or smoking in or under any canopy or tent. 4. A metal container with a lid shall be provided for the disposal of used coals. The can shall be labeled "Hot Coals Only." 5. No emergency access shall be obstructed at anytime during this event. POLICE (336-4400) 1. Any alcohol consumption must be w/in confines of tent or other structure not open to public and not visible to general public. 2. Those consuming alcohol cannot remove alcoholic beverages from premises. 3. No sales of alcoholic beverages. 4. Applicant stated (via phone call on 02/01/05) that 100-150 people at any given time will be present. Applicant to have signed agreement for private security as condition of TUP Approval. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) �.a.. cv-vo v.a Jir rLfar9w 1. rvla UGYMK1MLNT 619 336 4321 P.O Type of Event; t./ (/k. _ Public Concert!air _Festival _Community Event/'4N 2 _ Parade _ Demonstrafion Circus Block Party ZQQ� Motion Picture Grand Opening _Other — i/0 CIr, Event Title: vwt t Company Part-y cgC/F. Event Location: lct - Nr7on1AC Ccry, 4/95-1) Event Date(s): From Q2//1 /19S-to 42I/4/o5 Total Anticipated Attendance: Month/Day/Year {._ _Participants) ( Spectators) Actual Event Hours: _ am/pm to �� am/pm Setup/assembly/construction Date: 2iulio5 Start time: qiiriA Please describe the scope of your setup/assembly,w,ork (Specific details): taktf 13 up -mow- / �((.Uma, aro viv bP11, Wig/ -Fzr_a Dismantle Date' (l4 f 20 Completion Time: 111164 i Odm/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 retAop_ening. k 4rdiety Y G� Sponsoring Organization; d�—�'.450. ' — L For Profit Chief Officer of Organization (Name) 1' "` — Not -for -Profit Applicant (Name): t I t1 rT b j M / /Q.4 CtT/ X/��/-- S-- I 4Address: --i— -�� 4 ? - laC q vis Daytime Phone -gl-4'tfISrEvening Phone: (4K) TiVt ax: ( ), 3 ' b kg Contact Person "on site day of the event: We WOCtiettlyariel Pager/Cellular: -1' NOTE; THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a lax Exempt, nonprofit" organization? YES A NO Are admission, entry, vendor or participant fees required? _ YES NO If YES, please explain the purpose and provide amount(s)' $ Estimated Gross Receipts including ticket, product and sponsorship sales from ^-� this event. $ q'c JEstimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event, Include details regarding any components of your event such as the use of vehicles, animals. rides or any other pertinent information about the event. Anfutal � a'fkerfr7 O C Uftw an y s 'C'n p /o yedd, ✓ericloa a ioC Cu,!#awm , C€ m-ti ff1n, off' Aced, e-rAlee 4ii aC 1MM Lr v` Mosf C �( YES NO If the event involves the sale of cars, will the cars come exclusively from 1 National City car dealers? If NO, list any additional dealers involved in the sale: 2 aJa n-co-vo va.:acr rLHUVNLIVCi IJEPARTMENT 619 336 4321 P_1O (AVM 614)40K le - 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: Lift r- YES NO _ YE ,21%fV0 Does the event involve the sal or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: no-fittin IQ P)rl. _ YES i4, 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 fixes venue site? If YES, attach a detailed site map showing all streets impacted by the evens. ‘/YE:S NO Does the event involve the use of tents or canopies? If E�• r .Pe„ s Number of tent/canopies k, Sizes 12bl(S" of (�° (2,C4' NOTE! A separate Fire Department permit is required for to s or canopies. _ YES /( NO Will the event involve the use of the City stage or PA system? If you intend to cook food in the vent area lease GAS _ELECTRICCHARCOAL s OTHER (Specify): cify the method: Number of po a 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) r��., �M i Tables and Chairs oY Kc:b C, I44ceQ % Fencing, barrlers and/ barricades c70 011340p11.4 Generator locations and/or source of electricity Canopies or tent locations (include tentrcanopy dimensions) i-- 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 oftrashcans::, - Trash containers with lids: Describe your plaitclean-up cle�upremov8'fdfwbst 3 Please describe your procedures for both Crowd Control and Internal Security: v YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES __ NO Is this a night event? If YES, please state how the event and surrounding area will Ipe illuniensure of the p ici nts and spect�tors: LA safety knyS_'id Ot, p AC -6AA/forul Anil, Please indicate what arrangement you have made for providing Plirst Aid Staffing and Equipment. fry Please describe you Accessibility Plan for access at your event by individuals with disabilities: ire l�Metti.0 10-4AaN 14.4.e- eieo9revt Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: t)t 4 Please describe your plans to notify all residents, businesses and churches impacted by the t -pL NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. event NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music' Number of B-nds: YES VNo Witl sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES YNO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES lO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: fE4C-- altaC-4 Revised 10/3/01 5 v04' \r\i/tov PC 77/ - *taw -etqatwt N&uv$ o op out pwoFFof/b001.0-c- t)x)(1--v06,00>f �� 1 Ftwitwg� City of National City, California COUNCIL AGENDA STATEMENT "qEETING DATE February 15, 2005 AGENDA ITEM NO. 24 ITEM TITLE PREPARED BY EXPLANATION This is a request from the Pentecostal Missionary Church to conduct a Service event at 2410 E. 8th Street on church grounds from 8:00 a.m. to 5:00 p.m. from Monday, February 21, 2005 to Sunday, February 27, 2005. The event will consist of seminars, meetings, teachings, spiritual empowerment and family relationships. TEMPORARY USE PERMIT — Pentecostal Missionary Church -District Cony i » .t 2410 E. 8th St., from February 21-27, 2005 Rosie utie z, 336-4210 Building and Safety DEPARTMENT A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council No. 704 for a waiver of fees. Environmental Review N/A Financial Statement Approved By: The City has incurred $345.00 in processing this Temporary Use Permit Application a"Ce Director Account No. N/A STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 0;99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pentecostal Missionary Church EVENT: District Convention DATE OF EVENT: February 21-27, 2005 TIME OF EVENT: 8:00 a.m. to 5:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING CITY ATTORNEY COMMUNITY SERVICE ENGINEERING RISK MANAGER YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL FIRE 336-4550 1. Fire department access must be maintained at all times. FINANCE 336-4330 1. A business license is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration Grand Opening _ Festival Circus Other ( CMAle JAN 2 0 2005 DlSr/lc%T CpArve/177d, BUILDING AND'Afm'v BEP! CEIVED Block pcp_ NATIONAL OITY, CALIF. Event Location: 025//1) t✓ gni Sr /J/€60 Q1 c(7 c Event Date(s): From Tch 62/ to 02 /, ar Total Anticipated Attendance: I. /'"14) Participants) 917 Month/DayNear Spectators) 24) Actual Event Hours:/pm to aamkm Setup/assembly/construction Date: 2/ Start time: dM Please describe the scope of your setup/assembly work (specific details): Dismantle Date:Date:OAL Completion Time: cS ,a)," List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing andday and time of reopening. ,. . Sponsoring Organization:§M*dczCW /"/"sSliki O c rvui ror rroom Chief Officer of Organization (Name) ID/4-(//%1/%�,D� f% . —? Applicant (Name): ,Yl !i7 /V//-irA`d Address: t7 ./% C( U ( V41/1Cial wfil yS'gln J/ regor,\ Cctdc(i ly- Daytime Phone: ( ) 4 )Q - l(vening Phone: 6/9) r, - Fax: (041 Contact Person "on site" day of the event: ,VI /l'c/11 �allViait.40 _ Pager/Cellular: �/% 4 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _/NO Are admission, entry, vendor or participant fees required? — YES / NO If YES, please explain the purpose and provide amount(s): /% / 1 - Estimated Gross Receipts including ticket, product and sponsorship sales from �J inn) this event. $ �i� f/� Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your. event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. c irr 01 eivpufertiAeA,Ls Pt-t;Za,//2deArio-z- YES v NO If the event involves the sale of cars, will the cars come exclusively from National City car ale ? If NO, list any additional dealers involved in the sale: / " YES Does the event involve the sale or use of alcoholic beverages? _ YES ( NO Will items or services be s Id atthe event? If yes, please describe: it -n L _ YES /NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. l YES NO Does the event involve the use of tents or canopies? Number of tent/canopies / Sizes 4b ID X2S 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? YES " NO 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: C' If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures • Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans/2_ Trash containers with lids: 7 23- Describe your plan for clean-up and removal of waste and garbage during and after the event: .et/ j c47 c a'' 3 Please describe your procedures for b th Crowd Control and Internal Security: YES 'NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: /iv i Please indicate what/arrangement you have made for providing First Aid Staffing and Equipmenir PieGiavC �¢i er�� mr&t tic.- G z/ Please describe your Accessibility Plan for access at your event by individuals with disabilities: roper 4.1//tsi Please provide a detailed de4cription of your PARKING plan: Please describe your plan for_DISABLED,PARKING: Cc-e'C.r ,4964U41 c)/ - c-t 4 Please describe your plans to notify all residents, businesses and churches impacted by the event:- QZ C -LCA-� c g ! - 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: 6 V 1-i C'f C_ _ YES �O Will sound amplification beused? If YES, please indicate: tart time: am/pm Finish Time am/pm YES /NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization?` 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 a sponsoring r ai izatior? Jcie a/Z t t Type of Organization ��F "`t . (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? 1 Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: 1 No (P lease sign the form and submit it with the TUP Application) City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 EETING DATE AGENDA ITEM NO. 25 (-ITEM TITLE TEMPORARY USE PERMIT — AMERICAN ATHLETIC CLUB- Racquetball Tournament at 2539 Hoover Ave., from February 24-27, 2005 PREPARED BY Rb ie 1t$ierrez, 336-4210DEPARTMENT Building and Safety EXPLANATION This is a request from the American Athletic Club to conduct a Racquetball Tournament at 2539 Hoover Ave. from 8:00 a.m. to 10:00 p.m. from Thursday, February 24, 2005 to Sunday, February 27, 2005. The event will include an astro jump and a barbecue. This event involves the sale or use of alcoholic beverages. The applicant has requested a waiver of fees. The event does not qualify for a waiver of fees pursuant to City Council Policy #704. ( Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 in processing this Temporary Use Permit Application. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 k9t99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT AND RECOMMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: American Athletic Club EVENT: Racquetball Tournament DATE OF EVENT: Thursday, February 24, 2005 through Sunday, February 27, 2005 TIME OF EVENT: 8:00 a.m. to 10:00 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING CITY ATTORNEY PUBLIC WORKS PARKS RISK MANAGER COMMUNITY SERVICES YES[x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] 'SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL FIRE 336-4550 1. A permit will be required for the 800 sq. ft. tent. The fee is $85.00 and the permit. Permit can be obtained at the Fire Department. 2. No cooking inside or under the tent. 3. Maintain Fire Department access at all times. FINANCE 336-4330 1. A Business License is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit any initial business license application.) POLICE 336-4400 1. Applicant has indicated the sales of alcoholic beverages. Applicant currently possesses a type 40 (on sale beer) license from ABC. Sales of beer cannot occur in parking lot or in any other location other than that originally licensed. 2. Mean and manner of sales cannot deviate from original license agreement. No sales or consumption in outside public areas (parking lot, common areas, etc.) COMMUNITY SERVICE 336-4290 1. Community Services is working on getting children to attend a Racquetball Clinic in advance of the event and to attend the event as well. ✓t/N �k�1. Oto 2 p < <2OOS 0r Type of Event: y04 _ Public Concert _ Fair _Festival _ Community Event 04. _ Parade _ Demonstration Circus Block Party _ Motion Picture _ Grand Opening & Other i.,L. -ro I n_A.D. {o 01T Event Title: Event Location: Ac0,6er13AToOROAME`r.l.r Event Date(s): From 212ytipg to 2221/05 Total Anticipated Attendance: 1150 onth/Day/Year (SOO Participants) (150 Spectators) Actual Event Hours: pm to to. ame Setup/assembly/construction Date: ,sq t..\a Start time: Si�N.E Please describe the scope of your setup/assembly work (specific details): To -Le-r U p -rEt -rS )4.i7 AS%E. 4 f 1.1 e- e.0`% 1�-EtJ Dismantle Date: 2-/TI C05 Completion Time: 41 a List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: AMA C,AAJ P-t-fit E-tC..4-6 rg X For Profit Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): M A tJ J CL ' t� CO>-�T Address: ZS•°1 ooJr 4t9Sb Daytime Phone: (loll) 23 Evening Phone: (619) 471-2 -423 Fax: (6_01 4T1--2/31 Contact Person "on site day of the event: Sp , A- 'To /Zr2( S Pager/Cellular: L((t 19 i 9' S .. — 8 02 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? YES _k NO Are admission, entry, vendor or participant fees required? K YES _ NO If YES, please explain the purpose and provide amount(s): F' 0 2 ep.:1 z E S 1J O as) .F `, T $ 25,00b,00Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2'-I,000.13o Estimated Expenses for this event. $ 1,000.0o What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. tSS E. 62. '7-c j21JA1✓.67,YT, 0 t„Yr- t,.DE_, 2 e A-26.A b43-r-S l� E... — YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale- 2, X YES NO Does the event involve the sale or use of alcoholic beverages? )( YES _ NO Will items or services be sold at the event? If yes, please describe: Co L 0 NJ S c_v_E -res, (a ► � b 6, 2AG, _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES X. 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 2- Sizes -�.) 20 }c y o e) it) y , i a NOTE: A separate Fire Department permit is required for tents/or canopies. _ YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: faro STPI) b If you intend to cook food in the event area please specify the method: X GAS ELECTRIC CHARCOAL OTHER (Specify): P5 ph6% Cc2xi:L ➢ Portable and/or Permanent Toijet Facilities Number of portable toilets: 0 P (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: I Describe your plan for clean-up and removal of waste and garbage during and after the event: t&i E. Ft lfE. 1-12faSH f'J 1 hLS CaT (.1 c. OE (J i L..b 1 t t. le 3 Please describe your procedures for both Crowd Control and Internal Security: 1J or _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: -K( 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: THE Eo Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. 4 Please describe your Accessibility Plan for access at your event by individuals with disabilities: ra Lss; JE.SS ray JSOs�.L Please provide a detailed description of your PARKING plan: 1JlA Please describe your plan for DISABLED PARKING: L I 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: _ YES X_ NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: — YES ZC NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 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 CIA Person in Charge of Activity Address ►� I A Telephone >, I A Date(s) of Use HOLD HARMLESS AGREEMENT I 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. 0 A Signature of Applicant J� Official Title Date For Office Use Only Certificate of Insurance Approved Date UEST FOR 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? Yes (proceed to Question 2) XC 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 orga iization /1M.a Pc Type of Organization 62-ACu� J L r can G `f NA (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? X Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? X Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. X No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) V-- Q,r- Date 9 City of National City, California COUNCIL AGENDA STATEMENT February 15, 2005 EETING DATE AGENDA ITEM NO. 26 ITEM TITLE PREPARED BY TEMPORARY USE PERMIT — NATIONAL CITY LIVING HISTORY FARM PRESEC.-Farm Day at 1808 F Ave., from March 1, 2005 to March 12, 2005 Rosie G336-4210 DEPARTMENT Building and Safety EXPLANATION This is a request from the National City Living History Farm Preserve, Inc. to conduct the Farm Day Event from March 1, 2005 to March 12, 2005 from 8:00 a.m.- 4:00 p.m. This event will include a display of old farm equipment, operating and static. Feeding and care of farm animals will be demonstrated. Students will be taught to wash clothes in a washtub using washboards, how to plant seeds and care for plants. Quilting skills will be taught. The history of life and chores on a turn of the century farm will be taught to students from all over the county. The last day of the event (03/12/05) will be open to the public. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for waiver of fees. J Environmental Review N/A Financial Statement Approved By: The City has incurred $345.00 in costs in processing the T.U.P. application throughFTIViuMitty Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-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: DATE OF ACTIVITY: LOCATION OF ACTIVITY: TIME: APPROVALS: POLICE PLANNING FIRE FINANCE PUBLIC WORKS CONDITIONS OF APPROVAL: FIRE (336-4550) National City Living History Farm Preserve, Inc. March 1-12, 2005 1808 F Ave 8:00 a.m.-4:00 p.m. YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE COMMENTS[ ] SEE COMMENTS[ ] SEE COMMENTS[x ] SEE COMMENTS[x ] SEE COMMENTS[ ] 1. At no time, during this event, shall any Fire Department access be blocked. 2. No Fire Department connections, such as fire hydrants, FDC's or sprinklers shall be obstructed. 3. The 10x10 canopies mentioned in the TUP request must have a minimum of six feet separation between each canopy. FINANCE (336-4330) 1. A Business License is required if monies are solicited, admittance charged or food, beverage or merchandise is sold. 2. Each vendor present on this event must have a separate business license. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. 4. 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. Actual Event Hours: eta) opm to 4.Ot am/0 Setup/assembly/construction Date: 31) !05 Start time: Please describe the scope of your setup/assembly work (specific details): Pt_agGCA (Lin 3)0)? M r.Y•1 , '�}� e t s roYL DNS'9LPtiS Type of Event: _ Public Concert Parade _ Motion Picture Fair _ Festival _ Community Event. ✓Demonstration _Circus SAFETY SEPT. Grand Opening _ Other (t C C C I V ff D Event Title: F Pc2,.M YJ la, \{ FEB 0 2 2005 Event Location: 1 d C. AI v E N v L IT NATIONAL Off CALIF. Event Date(s): From 2) OS to / i2/pS Total Anticipated Attendance: I 000 a. Month/Day/Year ( Participants) ( Spectators) Dismantle Date: 3l i2/oS Completion Time: S 06 am p List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: UPPIoNAL. 9-cya *1 For Profit P RCS V I5 r 10 C ✓ Not -for -Profit • Chief Officer of Organization (Name) C t-1 RtS 701,11•)Sc►J Applicant (Name): V LN Gtt.r1 Q 0..,E`f 1J0 L,£1 Address: 12-413 MY3NCMrs-1 s-Cae""'r 144111o0f1t.„. ;Cl't4-( cr. °119 O Daytime Phone: (41°I) 411- `biLS ~Evening Phone: (tee) 47%I- 1L5 Fax: ( Contact Person "on site" day of the event: SVSVi+\) t Ate-'tt Pager/Cellular: G1.°1- 42C- 5lOe1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 • Is your organization a "Tax Exempt, nonprofit" organization? YES I.7 NO Are admission, entry, vendor or participant fees required? " YES NO If YE$, please explain the purpose and provide amount(s): . 5-rUa+ 1.5 t ILL- 13t NGY2.6.* p 3 C. ' .00 PA-it-tictPA? 1otJ F- is ,.. Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Z SO Estimated Expenses for this event. $ 4+ so— What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 9J)S17L1q`( OF- OLP i'-A•2M 'Lc.? 110 t-W1 r Opman-71►' x) SZW'tIL . Pat4 or= >✓ P1>< -LS . Slut carol lrltLt„ SStE -raoc-s1 -ra tb4 3 I- CL.41-1ra- s 1,- 4 tth 5.0 -r o r , tS I t3 G W lAso l?,0vot O S j (.4o W 'ro ?uoi-a-t siewfJ.S 'Fort- S W ttL. tf314- 'C)LN V C. Ihl . 'f uE t-} LSZ a l t 6•16' C 1a o''S o>v 7A)'a)Q �t-M e*C;ci ►- W,1t� .(3' -zC)%.> *7. o fjiv-c) L ti 5: (Z. a r1 OV �'"'t1-- L'P/14 C C} u N 7 't . `-G1L''" uAs-c 'fJ R `( O F :-t i to LcN ! 1(�v 2l/0S) c v Ost7 Tv krtz Pv\.> YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES /NO YES VNQ YES ✓NO YES NO YES NO YES ✓NO Does the event involve the sale or use of alcoholic beverages? Will items or services be soldat the event? If yes, please describe: Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. Does the event involve the use of tents or canopies? If YES: Number of tent/canopies S Sizes t o ,, to V. 001 NOTE: A separate Fire Department permit is required for tents or canopies. 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: 3 (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'evenO ' > 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 end garbage throughout the termof your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: S Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: , wc- I-l•r'SV' Coa'7rai>JW(.25 c)P.1 Sl-'Tn To -'TMM'SMAL1/4, CcrNtvt,rt c 'TY2Vot_.utJ'C•-.E2 CmxftPQV>a 3 Please describe your procedures for both Crowd Control and Internal Security: 51'QEEN13 131a TN"i11151an>>- tt)ren,S Ar,r0 Sc.uae)\..- SrAPC• `GI-} Y' p my i ra Oo c*14 r YES VNO 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 v NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. MAST lL\Th SN3 Sl1E 4 Please describe your Accessibility Plan for access at your event by individuals with disabilities: ALL PVC^NHS 1:=1YLf V P4, At-) 11'yr4.. Co V V Ll t1•-51 fa LOSS ►►J t��wlc� Please provide a detailed description of your PARKING plan: S'TVCrEN -IS W ILL TYE 6v SS TO ?w el-r1 '1112? Please describe your plan for DISABLED PARKING: I9 M.IC1'►QG- bN SI?e tn1Iu..- tie MWiNa' 1�V1f11LR13 'ZR : RC Ci2 V 1Y2 c n 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: S,‘C 01Si 1015\ e'-1 TQ 1I4 2'Ebln+q-'t s 1 `7f& !J�lC,titipnNoos 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: C'e Number of Bands: Type of Music: rpm. ~types Hysic _ YES VNO Will sound amplification be used? if YES, please indicate: Start time: am/pm Finish Time am/pm YES '7NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES `sNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ✓NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 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 Nq-noon►. crt r gtY104`1 C9vinti VR 5K*2'E."TAo Person in Charge of Activity SUS'At.7 'D .Address 7_3 6 S owo 11)v, CwvV1 S-114 ca lb- 2Yel Telephone GIet42L- Star Date(s) of Use 3It S — 3112105 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 1.12. Sun 2/2105 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 RE•:.UESTFOR A jAI/EROF, 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? 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 orga iization NfiltONt-)L aim Ltvtn3 i~ 1-1 tSTo in Yz. stew E , Type of Organization LviNc„ Pris-ro2K MvSe..0 (Service Club, Church, Social Service Agency, etc.) 1 3. Will the event generate net income or proceeds t the sponsoring organization? ✓ Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. ✓No (Please proceed to Question 5) 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. V 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? V Yes Year funds were received: Funds were used to: (Z'rc?LAC TA oN ?IA F �nr1 t k.)S No (P lease sign the form and submit it with the TUP Application) C�- Signature (' 28/05 Date City of National City, California COUNCIL AGENDA STATEMENT EETING DATE February 15 , 2005 AGENDA ITEM NO. 27 ITEM TITLE TEMPORARY USE PERMIT —NATIONAL SCHOOL DISTRICT -PARENTS AS TEACHERS 18th ANNIVERSARY at Kimball Park Saturday, May 7, 2005 from 10:00 a.m.-2:00 p.m. PREPARED BY Rosi G t errez 336-4210 DEPARTMENT Building and Safety EXPLANATION This is a request from National School District to conduct their 18' Anniversary of the Parents as Teachers Program. The event will take place on Saturday, May 7, 2005 from 10:00 a.m. until 2:00 p .m. This is a family event that will include activities, such as face painting and games for children. Several schools PTA's will sell prepared food items for fundraising. Students from the School District will provide entertainment. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Council Policy #704. Environmental Review (-Financial Statement N/A The City has incurred $220 in processing the TUP. STAFF RECOMMENDATION Approved By: Finance Director Account No. Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval and grant the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9;99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: TIME OF EVENT: APPROVALS: PLANNING FIRE PUBLIC WORKS POLICE PARKS CITY ATTORNEY RISK MANAGER FINANCE COMMUNITY SERVICE ENGINEERING National School District Parents as Teacher's 18th Anniversary Saturday, May 7, 2005 10:00 a.m. to 2:00 p.m. YES [x] YES [ x ] YES [ x ] YES [x] YES [ x ] YES [ x ] YES[x] YES[x] YES [x] YES [x] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. Fire Department access must be maintained at all times. PARKS 336-4290 1. No overtime from Parks & Rec. RISK MANAGER 336-4240 1. Provide minimum limits of one million dollars per occurrence of general liability insurance. 2. The City of National City and its officials, employees, agents and volunteers be named as additional insured on each policy. 3. Standard hold harmless signed, (Done) FINANCE 336-4330 1. A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate 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 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 & Recovery Division, Business License Section. Type of Event: Public Concert Parade _ Motion Picture — Fair _ Festival _ Demonstration _ Circus Grand Opening _ Other ✓ Community Event Block Party Event Title: Pa,u- /1-;e 7-y0(� %,-' /1-7-#74 AJ i Event Location: �i? Event Date(s): From 54,/rto Month/Day/Year Actual Event Hours: ** 0 am/pm to 2 :eV am/pm Setup/assembly/construction Date: ` - /4' Start time: Total Anticipated Attendance: —Toe) ( Participants) ( Spectators) Please describe the scope of your setup/assembly work (specific:: details): i{ e.l Dismantle Date: � 9�+f�.-.,..._�_..__ Time: ��D 5- %w� Completion �.�ae" amk5) 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. LlA17-7-i0 Sponsoring Organization:49i(y, For Profit Not -for -Profit Chief Officer of Organization (Name) Applicant (Name): Address: /Soo At ,40e, Daytime Phone: (k_f_t 33C-2? Evening Phone: ( ) Contact Person "on site" day of the event: Fax: ((s/y),314-355/ Pager/Cellular: __ELF — O}Z3 3 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 4.4(1Ll LGCi4 ;C j; J I� EJ.9 217 CITV PAGE 01 Is your orgenlication a "Tox Exempt, nonprofit" area niz;ation? '� YES _ Na Ore admission, entry, vender or participant fees required? YEf rr' N4 If YES, please Explain than, purpose and provide amaunt(s)r; $ Estimated 1Dross Receipts including Mimi, pr)duct and sPonsorship sale from this event $ Estirnatsd Expenses for this event. $-- ---_ a What is the projected amount of rew receive asa result of this event? -Weis. Met the Ntsnprtrfit Organization will Pease provide a DErAALEIU DESCRIPTION of your -event. Include details i egarding any information about the event, components of your event such as the use of vehicles, animas, rides or any other pertinent This will be a celebration of the 1$i''b anniversary of the Parents as Teachers Program in the Nationaal School District. Families who have participated in the program during the last 18 years will be our target audience. There will he ZO to 12 tables with canopies (district will provide, set up and remove) for activities, including face painting, children games, etc. Several school PTAs will sell prepared food items for fundraising. We will have-entertaimment provided by students in the district (much like the Library RII-' book giveaway each year) on the stage. We will work with the National Ci.ty Library for bookboolktnark giveaways to kids. The event will run from 9 am - 2 prn. The National School District will be responsible for set up and removal of all equipment, tables, etc. ff the event Involvee the sate of cars, wi l the card came exclusively from National Cityca!r dealers? If NO, list any acld'iticn�i dealers Involved in the sale; 2 YES 'NO Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: 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 Number of tent/canopies / 1 Sizes j 2 / 2 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES 40 Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs > Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES ✓ NO Have you Mired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Pt one: YES Y NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please iryiiGate wh arrangement you h� for providing First Aid Staffing and Equipment. l Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan tor DISABLED PARKING: 4 Please describe yoyr plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: /YES NO Will sound amplification be used? If YES, please indicate: YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: Start time: am/pm Finish Time am/pm _ YES Y NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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. cutZe> Signature of Applan Official Title Date For Office Use Only l2-6-04- Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER QF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a wah,l,er. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? 'Yes (proceed to Question 2) No (Please, sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoringg orga ii ation r'�- • % �. Type of Organization��G12 (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 tie TUP Applic:ation) 4. Will the proceeds provide a direct financial benefit: to an individual who resides in or is employed in the city, and whc 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 proceedls provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signa re Date 9 City of National City, California COUNCIL AGENDA STATEMENT 'EETING DATE February 15, 2005 AGENDA ITEM NO. 2 8 (ITEM TITLE TEMPORARY USE PERMIT — RESPIRATORY DEPARTMENT PARADISE VALLEY HOSPITAL -World Asthma Day Health Fair at 1,Park on Saturday, May 7, 2005 from 10:00 a.m.-2:00 p.m. PREPARED BY Rosie ez 336-4210 DEPARTMENT Building and Safety EXPLANATION This event will take place at Kimball Park on May 7, 2005 from 10:00 a.m. to 2:00 p.m. The San Ysidro Healthy Steps and Dental bus, Radio Latino, and Lung Express from the American Lung Association, will be present to help conduct the event. Doctors, respiratory therapists, and pharmacists will be present to answer questions on asthma. Asthma devices will be displayed and information on how to use the devices will be provided. Screening for asthma will be available and results will be provided as well. Participants will educate the community with asthma infonnation. An asthma report card will be provided for the San Diego County. The applicant has requested a waiver of all fees. The event qualifies for a waiver of fees pursuant to City Council Policy #704. Environmental Review X N/A Financial Statement The cost of processing the permit is $345.00. Parks is requesting overtime fees of $1,080.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Tempory Use Permit subject to compliance with all Conditions of Approval and grant the request for waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9;99) Actual Event Hours: ID:co ®'pm to oZ!CO am( rr� Setup/assembly/construction Date: 517105_ Start time: 7' ao 14•M Please describe the scope of your setup/assembly work (specific details): 1 4' -5/ C-hcwls 1-0k1 ) 3 iu.ecah dus,ei) n4ers = CILA seek -up b 401 utter soak f S{ Dismantle Date: D.AoD Completion Time: S:0 p am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. 01 A Sponsoring Organization: .ctka.ior OA - Val i Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration _ Grand Opening Festival Circus Other Event Title: t.i) Of GUthrno, /Communit�� A. A. Block Party 0 k9T/oAC 2 I 2001 Event Location: LrY\b�( PAIL y (toA. , C t (� a (qgo try, C'9� Event Date(s): From 511105 to Total Anticipated Attendance: Month/Day/Year ( SD Participants) ( 350 Spectators) (job Cod glaS() Daytime Phone: (0) 97a -i3 (/ Evening Phone: Of )t-/75-e3aylo Fax: 6/q) -tf53 (O pa,* -t- qly cxt �tRJ S(0?-9tocoa Contact Person "on site" day of the event: ck. • par ea - S'P..ic /- Pager/Cellular: ateru2c u.boa.A NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS • For Profit Not -for -Profit Chief Officer of Organization (Name) Six. 6 • ?at -fa- S •eyvAk R • i . Applicant (Name): Sarvmr ( Aloo u e.UkOrYle Gct/uzid ltcD Pvid .a4 Q►ci Yt4C, C Q /QS.) Address: 2490 ,"E 444, Ra-i-tvaci.Q 1 Is your organization a "Tax Exempt, nonprofit" organization? YYES _ NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): 11.11 t°C $ 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 350 Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. odd rJ'rwok D o oiliox ai.d' 430.e_p- fo P G G uc cbAdi,. enm ✓11.CUn d ert Qb$hvra 1c ID.A. V oQ rnms { , p. f r.4-(01 si-t*8 C rn.orr 1 ) 6 C aJ wee._ ►69rAn 4-0M ( V`� f�ena� f 0.Q s� Hx0,9. NitAhl1M . Se 44 e lv c, C-re V s t nasEof c err arw iro d c on So 1 \ V s teQn-o rx,Q,fiw Sl er, aAk& Cuaai bus \ `�u � q S0 r& / LA UM i ol.LS Icktaak ;: lQ YISc-v& ct vnc..a., booth s F 041Iveil r Q.. +cCnaa., _ YES y 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: _ YES NO Does the event involve the sale or use of alcoholic beverages? Nk YES _ NO Will items or services be sold at the event? If yes,nplease describe: ( Pc donsauo C`Ca� � 031Y6r .Des `�or�o� 12S �-c, �o�s b , V_ nacGae 1u1 L iasP. YES '4 NO oes 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 .T 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 ID Sizes 10 p l0 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 i Desr b2`o,c:L 4-0 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: -00,,k cook-0 d g Sala i4-s Ow vA 0,Al2 c w - (. c . ,,,r<S alp 9Q"SOr``Q If you intend to cook food in the event area please specify the method: `1• 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: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: ID C S 1f 0-1 kiv1.4eeC Soap nu..lorun was-ke not describe your procedures4for both Crowd Control and Internal Security: 10r Y`2 °!a'�M , ,tecwSR cr/; w. Dmd.a rniar s/ e., r rJ o tafto _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES)C NO Is this a night event? If YES, please state how the event and •surrounding area will be illuminated to ensure safety of the participants and spectators: �Please indicate what arrangement you have made for providing First t�Aid Staffing and Equipment. V•nt'. ut,`L11 Ilo���;,,,i)l-nC` 4h,,'YSno f��- n,nr iZs R,(\i., 6jt &ol 1.61 1 v ngTO. can d y� u�► rtu-Al ttt,fh State / LAnsfr L r(_pA:CArGCS L e 6Q o Please describe your Accessibility Plan for access at your event by individuals with disabilities: evP/td-k�v�o (Lt Evpd in; II h.e. /;ton, a.AI4,Io hei 141,bee1n6n'n,I ila_ w-1-d-/ (i e) dnaus_ l ba-tl.nnnrn 43/41d-\ L&U&utrhn,I, llc+ron.hCkL.p Please provide a detailed description of your PARKING plan: i'OAkt..nci tit iyi1,dak(n l +A.t eAAA ate StracL,ft//1Insp, 5pcte.� a.o ShOwiA c.w d-4+- t,maP U J Please describe your plan for DISABLED PARKING: U CL�e�o�Ji b[p do d fps Sctnnat.�,.�t C 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: LL ‘ part 4n > ;,-,1}Qikr,fl 04vtucluA e UJ't11 ►-�2 tim l ova . J2 �SAIA.Ct Q11t�A• �ea0&. wv�cl QYlv�nr,r�Csmoy.ic W t It16, °Ids*Jvt,bakfe • W.u&Q &. V-44pre_ 't-k 2uQ.,�f NOTE: Neighborhood residents st be notified 72 hours in advance when events are scheduled in the City parks. A 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: 0 Type of Music: Lcz -r rt / eon .Qm pO y[�a I vw P[vlct h,cack / ` YES NO Will sound amplification be used? If YES, please indicate: Start time: to n /pm Finish Time `r�'• c]J @pm YES 4. NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: RQCQ:v p i\ 'd'cLcke(- _ YES ..NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: y YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: y. v-Nv,er5 an 1O K a Carve, rPs orQ-.� Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 QpcaoQks,e, kicattk.k -o.s * J '�.e. ,(-c 1 Person in Charge of Activity c Qa.rca- S ago() y61`‘ S. t\• C. Rk9St) Telephone (f0I Date(s) of Use LtYcu t sTj no 5 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 . litigation, arising out of or related to the use of public property or the activit to !-n under the pe it by the permittee or its agents, employees or co lit.'s. t•'s. 11i...1..' tit Si re of Applicant Official Title Date G For Office Use Only Certificate of Insurance Approved Date REQUEST FOR A WAIVER QF 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? X Yes (proceed to Question 2) No (Please sign the form andsubmit 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 V.ss i) L7- m4 � s e Uralu 1 a s n Type of Organization ca ( rn ou (Service Club, Church, Social Service Agency, etc.) a 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) y 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. 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. t.n, 4 Inn C.r p cF S iAt _l Oct sale_ ,u .Qt bsz ezt ec#.pc i No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? 4 Yes Year funds were received: Funds were used to: Signature No (P lease sign the form and submit it with the TUP Application) Date 9 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Respiratory Department Paradise Valley Hospital EVENT: World Asthma Day Celebration DATE OF EVENT: Saturday, May 7, 2005 TIME OF EVENT: 10:00 a.m.-2:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PARKS YES [x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: FIRE 336-4550 1. No emergency access shall be blocked at any time during this event This includes fire hydrants, fire department connections, or driveways. 2. Canopies shall be placed a minimum of 10 feet apart and NO cooking shall take place under the canopies. PARKS 336-4288 1. Pay for overtime for set up of stage and clean park during and after event ($1,080.00) RISK MANAGER 336-4243 1. Minimum 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 each policy. 3. Standard hold harmless signed. (Done) CITY ATTORNEY 336-4220 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 1. Beat officers will be made aware. No other police involvement needed or recommended. FINANCE 336-4330 1. A business license is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) WRITTEN COMMUNICATIONS ITEM #29 05 N 13 ;;2..( 5 Q 5 1/11/05 Mr. Chris Zapata City Manager City of National City National City, CA 91950 Mr. Zapata Sir: RE: City Employee Building & Safety Dept Rebeca Lattire: I wish to compliment your employee Rebeca E. Lattire, permit technician. On December 2 2004 I went to the Building & Safety Dept to pay for a building permit. I am partially disabled and it would have taken me about 45 minutes to walk around the building to the lower level Finance Dept and come back up. I was delighted & surprised when Rebeca Lattire told me that she would take the money down to the Finance Dept and bring me back the paid receipt. It so happened that when Rebeca returned with my paperwork I was talking to people from code enforcement and planning and I didn't even get a chance to say thank you to Rebeca. I am sorry about that and pray that God always carries here in the palm of his hand. I wish that you could put a commendation letter in her personnel file. Thank your sir. Respectfully submitted, Felipe Mendoza 2764 Cornelius Pl. Lemon Grove, CA 91945 619-466-8921 3/3 iir .eutr . `tea crnd 01.Eac fi 9 / 9Sr� ���r ut0, 100 kz:ro-v-vi, try' i�e-m 0-1-1 &ei.)- ern, r-16 G-e. 6420 a. q Ft -co WRITTEN COMMUNICATIONS ITEM #30 2/15/05 _uII(4) 6" . eardt (J) /9.Lvt, us.o../mcv ev",.430,Lr. 04)_ t.4L0 he L, gym p ,n oyer, Ld )ram►.. a -oil„_ c 6 kA,c:L. 4e) / fu"-4- ) r l aAJ1 c, 5 1 ar v2 1'vL` w �rA�t� J�� fit-- `'�r�L�( Gl U T.4._ cutax)7"A' fry- c t4 („O ei-1\-"" -LtP 'd AA';/'‘c j ` ` -1/) l '